• The Korean Society of Law and Medicine
• /
• v.11 no.2
• /
• pp.149-179
• /
• 2010

In November 2007, the Korean Constiutional Court held that a joint penal provision in which the individual employer is punished when his or her employee is determined to have committed a crime was unconstitutional, because the joint penal provision had no contents for the culpability of an individual employer and thus violated the constitutionally protected principle of culpability. After the Korean Constitutional Court's judgment, since December 2008 the Ministry of Justice began to change the old joint penal provision into the new revised joint penal provision. On January 2010, the old joint penal provisions of 110 laws were revised. The new revised joint penal provision adds only an additional sentence: "If a juristic person, an entity or an individual perform due care and supervision over its employee for the prevention of such a crime, it will be exempted from the punishment". But an presumption of negligence clause that is added in the new revised joint penal provision is still vacuum in concerned with supervision responsibility. Probably the new form of penal provision, that is understood to be a kind of the presumption of negligence, could let the burden of proof be changed from the public prosecutor to the accused, in other words employer-side. Especially, when joint penal provision is applied to hospital as administrative punishment, according to the hospital is a (juridical) foundation or not, the application of the joint penal provision is different and unfaithful. In my opinion, therefore, a corporation liability could be considered according to various liability of employee's business and the crime its employee committed because of an organizational failure of the corporation.

• Human Ecology Research
• /
• v.61 no.2
• /
• pp.263-280
• /
• 2023

This study examined four ecological systems, namely individual, family, school, and media environments. A series of moderator analyses were conducted to examine variations in effect size estimates across the study characteristics. The current study estimated that the effect size results were gleaned from 360 primary studies, including 90 journal articles and 270 thesis/dissertations, published between 2011 and 2022. The current meta-analysis results supported the ecological framework. That is, the impact of each ecological system on the development of positive and negative peer relationships varies depending on age groups and protective-risk factors. Specifically, for positive peer relationships, the largest effect size of the protective factor was found at the individual level for young and school- aged children, but at the school level for adolescents. Regarding the risk factors for positive peer relationships, the media was the ecological system with the strongest effect size for both young children and adolescents, while the individual-level demonstrating the strongest effect for school-aged children. Results from this meta-analysis allow us to identify some vital intervention areas in terms of healthy peer-relationship development, which should be of considerable interest to the educators and policymakers who are responsible for assessing and intervening with at-risk young children, school-aged children, and adolescents. From a practical standpoint, the current meta-analysis results are expected to contribute to developing effective prevention initiatives by targeting specific protective and risk factors for peer relationship development on the ecological system level.

• Journal of the Korea Convergence Society
• /
• v.13 no.5
• /
• pp.531-539
• /
• 2022

The government enforced policies such as social distancing and limiting business hours to prevent the spread of COVID-19. However, the impact of the long-term COVID-19 pandemic is causing more serious difficulties for small business owners. The government intended to relieve the business management pressure for small business owners by drawing up the COVID-19 emergency disaster relief funds. The funds provided temporary support for the small business owners, but the prolonged pandemic worsened the business management difficulties. Therefore, this study will apply fixes that fail and shifting the burden archetypes from the system archetype of system thinking for the exploratory deduction of policy measures as the policy leverage to effectively enhance the recovery of small business owners. In response to the situation, emergency financial aid for small business owners and support that can enhance the self-sustaining powers are required to heighten the recovery of small business owners.

• Journal of Information Technology Services
• /
• v.12 no.2
• /
• pp.171-184
• /
• 2013

Frequently faced with dangerous situations, for evidentiary purpose in case of civil and criminal liability challenges, car drivers in Korea have been armed with so-called 'black boxes'; however, which are just video recorders in vehicles rather than real 'black boxes' that are equipped in the airplanes. In the United States, they are called EDRs(Event Data Recorders), more technically, which means that they record data of events happened while driving, such as velocity changes, airbags deployment, seatbelt wearing etc. just like in the airplanes. EDR technology is quickly becoming more advanced, more widely available, and less expensive; however, new concerns are emerging : the privacy of drivers. In U. S., vehicle manufacturers and insurance companies and the governmental agencies including the courts and legislatures are the main parties in terms of the EDR concerns. In order to determine the best way to regulate EDR, it is necessary to balance all the merits, such as safety, privacy, truth, justice and efficiency, to support a legal framework regulating the EDR concerns. This article, in light of the regulation of EDR and experience therof in the United States, examines EDR technology itself, particularly with respect to the automobile industry, describing its history, its current state, and trends that may change it in the future; and explains how the National Highway Transportation Safety Agency (NHTSA), legislatures, courts have approached EDR data. At the early stage of regulation on EDRs in Korea, examining U. S. legal framework and usages would help for successful establishment of legislation and regulation.

• Korean Security Journal
• /
• no.14
• /
• pp.337-365
• /
• 2007

The society shows rapid change throughout various fields in the 21 century. These changes are in progress in Korea as well and the private security field is not in exception. The private security system has socially effective function by providing services, which the police cannot provide to citizen. However, it cannot be treated rightly the possibility of violation of human right during the actual action. The qualified person at least should take private investigation service considering privatization of criminal justice and considering that the Private Investigation Act submitted to the Congress could not affect its investigation authority to the citizen currently. The purpose of this study is examination of the private investigation system in Korea and other country and is presentation of its improvement. The chapter 1 composed of introduction on chapter 1, concept and service in chapter 2, private security system in other countryin chapter 3, private security system in chapter 4, problems and its improvements in chapter5, and conclusion in chapter 6. It requires not only consideration of government but also consideration of citizen and effort of both sidesto successful settlement of private security system in Korea.

• Journal of the Society of Disaster Information
• /
• v.10 no.2
• /
• pp.220-228
• /
• 2014

A stalking is becoming more diverse and the methods are developing over time as the society has changed over time due to the advancement of information technology but an initial countermeasure seems to be difficult as there is no sufficient legislations against such crimes as stalking. Our country passed laws regulating such stalking at 1999 and four more additional bills were proposed until the 18th National Assembly but they failed to become legalized. Two more additional bills were proposed during 19th National Assembly which are still pending. Crimes such as stalking violates and invades physical and psychological freedom of the victims and the crimes are severely inveterate and intentional. Advanced countries such as the United States, the Great Britain, Germany, and Japan enacted legislations that strictly regulates stalking and also appropriate responses. As these exemplary cases show, it is essential that our country also requires an effective legislations against crime of stalking and protecting a victim of the crime.

• Korean Journal of Schizophrenia Research
• /
• v.24 no.1
• /
• pp.8-16
• /
• 2021

Objectives: Although the characteristics of different aggression subtypes provide important information in establishing treatment and prevention strategies in schizophrenia patients, limited information is available about the characteristics of the aggressive subtype in schizophrenia patients in South Korea. The present study was designed to compare the demographic and psychological characteristics across the impulsive and premeditated aggression subtypes in schizophrenia patients in South Korea who had committed a crime. Methods: We enrolled 116 schizophrenia spectrum disorder patients who were admitted to the National Forensic Psychiatric Hospital. Using the criminal and interview records, the study subjects were divided into 83 impulsive and 33 premeditated aggression groups. The subjects' demographic and psychological characteristics were summarized and compared across aggression subtypes. Results: Compared to the premeditated aggression group, the impulsive aggression group had a higher intelligent quotient and a lower rate of physical and sexual abuse experience. Conclusion: To our knowledge, this is the first study to describe the characteristics of aggression subtypes in schizophrenia patients in South Korea who had committed a crime. Our results suggest that different treatment and prevention strategies should be considered for each aggression subtype.

• The Journal of the Korea Contents Association
• /
• v.10 no.2
• /
• pp.306-319
• /
• 2010

Recently, crime prevention is away of important criminal justice policy and police activity also pursuit different change compare to the present times. After modern times, as get to know crime control change, eventually on the basis of experience that crime prevention is best way of crime control, what come out with new sight angle for the role of police is community policing. And emphasis points in police activity are variety of police activity, positive entry of community. In relation to this, we are learning crime prevention of the U.S.A and the program of community policing through crime prevention theory books that published in domestic. Then, there are misunderstanding possibilities that the programs which introduced relation books are doing someways all around the U.S.A In this research two cities san mateo county. california, of the U.S.A made a choice, and is going to search main crime present condition of these cities and really done community policing program or crime prevention program operation case.

• Korean Security Journal
• /
• no.40
• /
• pp.57-86
• /
• 2014

As the revision of Building Code including applying crime prevention design to buildings passed recently and target hardening ought to be evidence-based, we studied the Modus Operandi (MO) and intrusion tools of domestic burglary to earn basic data for improvement of crime prevention hardware in the future. To be specific, we reviewed related academic literature and police official statistics of domestic burglary critically and interviewed detectives in charge of burglary to specify and categorize MO and tools. We can derive some implications from research findings, including improvement of the statistical system for the MO of burglary, active sharing of the MO of burglary among the criminal justice agencies and related industries and experts. Also, crime prevention advice and education for the local residents focused on MO of burglary can be recommended. Based on this research, to enhance the level of community safety significantly, performance tests of crime prevention hardware such as security doors and windows etc. and the study on related certification system should be vitalized.

• The Journal of the Korea Contents Association
• /
• v.16 no.9
• /
• pp.531-544
• /
• 2016

Victim Impact Statement, adopted as a crime victims' right, has been implemented in Korean criminal justice system since 2007, and known that the statement enlarges victims' right in courts and alleviates their suffering resulted from the crime. The statement, however, has raised concerns of infringing on a defendant's procedural rights. Scholars and practitioners had focused more on the legal issue, overlooking psychological effect of the statement to decision-makers in courts. This research reviews fallacy of impact assessment and therapeutic effect from psychological perspective, and also suggests alternatives to assuage the concerns by admission of the statement.