{"title":"준강간죄의 불능미수에 대한 고찰","authors":"Changsup Lee","doi":"10.36999/kjc.2020.31.4.99","DOIUrl":"https://doi.org/10.36999/kjc.2020.31.4.99","url":null,"abstract":"","PeriodicalId":282156,"journal":{"name":"Korean Journal Of Criminology","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116641743","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"임신중단 규제에 대한 국민적 합의의 필요 - 도구성 극복과 휴머니즘 회복 -","authors":"손지선","doi":"10.36999/kjc.2019.31.3.123","DOIUrl":"https://doi.org/10.36999/kjc.2019.31.3.123","url":null,"abstract":"This thesis worries that the request of the Constitutional Court of 2019.4.11 to the legislature about the improved legislation to penalize a pregnant for terminating the pregnancy after 22-week gestation period may restrict again the right of self determination of female which is acknowledged barely. Therefore this thesis aims to demonstrate that the punishment by the Criminal Law should not be allowed, that the regulation of the abortion by ‘the Criminal Law-the Mother and Child Health Law’ combination format should be abolished and the regulation should be delegated to the nation through the procedure of the substantial national consensus. This thesis tries to establish the correlation of the criminal abortion instrumentalised by the nation with the necessity of the abolition of the law, by applying the Max Horkheimer''s critic of the instrumental reason which seeks to objectify and progress the instrumentation of the reason through its self-criticizm. In order to do supra, this thesis endeavors to expiscate the things ① which the thought process of ‘females are humanbeings’ is removed in the process of acknowledging ‘the right of the fetal life’ as the basis of the existence of the criminal abortion by the court, ② which females are excluded from ‘the right of the human dignity and value’ and ‘the right to pursue happiness’ in the Constitution because of ①, ③ which the two-way race of ‘the right of fetal life vs. the right of self determination of female’ is the output that is missing out ‘the maternal instinct recongnition sensitivity’, and ④ which the content about the deliberation and determination of a pregnant woman for the fatal life and living after the birth is included among the right of self determination of female by proposing ‘the right of fetal profit determination of the pregnant woman’. At last, this thesis attempts to illuminate the things, even if the criminal abortion has to be abolished for the above mentioned reasons, ① which the female-centerd reason has to take care not to disvalue the fetal life through self-criticism, as Horkheimer demands the constant self-criticism of the reason in his denial philosophy, and ② which this thesis counts on the gender community progressing dialectically through interaction toward the gender equality.","PeriodicalId":282156,"journal":{"name":"Korean Journal Of Criminology","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115146056","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"강력범죄 피의자 신상공개제도에 대한 비판적 검토","authors":"박찬걸, 정광진","doi":"10.36999/kjc.2019.31.3.33","DOIUrl":"https://doi.org/10.36999/kjc.2019.31.3.33","url":null,"abstract":"Our country maintained the posture of disclosing the identity of violent crime suspects in detail until the 1990s. In the wake of a female middle schooler sex violence incident at Miryang in 2004, personal information of assailant students was disclosed, prompting the controversy on human rights violation, and police, in order to protect human rights of the suspects, avoided the identity disclosure for the suspects by covering them with caps and masks. As in October 4, 2005, ''Rules of Police Officers for Human Rights Protection'' and ‘Regulations for Human Rights Protection’ were enacted, investigation agencies began not to disclose personal information of suspects such as face. And National Human Rights Commission of the ROK also ruled that disclosure of the identity of suspects in the course of investigation prior to indictment violated personality rights and portrait rights.\u0000But as, around 2010, violent crimes repeatedly continued to take place, public opinion was again in favor of disclosing the identity of suspects. Particularly Chosun Ilbo and Joongang Ilbo disclosed the face of Kang XSun in January 31, 2009, breaking the practice of not disclosing the identity of the suspects until being found guilty. This triggered the controversy about disclosing the face of suspects. Then, in March 2010, the face of Kim XTae was disclosed in many media outlets, resulting in the disclosing the identity of suspects as a practice. Positively reflecting people''s sentiments and media''s movement as such, the National Assembly newly enacted Clause 8-2 ‘Special Cases regarding Punishment of Certain Violent Crimes’ to prepare the base regulation regarding the disclosure of suspect’s face.\u0000The issue of whether or not to disclose the identity of violent crime suspects as above has become the national interest whenever a specific incident took place. And as a matter of fact, currently plenty of legal and policy-wise issues are being pointed out in the process of the enforcement. Under the circumstances, this study sought to point out the issues in detail focused on the content and operating state of the current system of disclosing the identity of violent crime suspects. ① Related with the principle of presumption of innocence ② Related with inconsistent disclosure focused on the criteria of judgment, the main principal of judgment, period of going public, method of going public ③ Related with the purpose of the identity disclosure system focused on guaranty of people''s right to know, prevention of repeated crimes, prevention of crimes, finding of additional criminal facts ④ Related with due process focused on lack of securing appeal right, lack of control by the judiciary, formality of defining the system, causing harm to the suspect''s family. The study, rather than suggesting the reasonable methods to improve the current system, ultimately would like to argue in favor of complete abolition of the current system of disclosing the identity of violent crime sus","PeriodicalId":282156,"journal":{"name":"Korean Journal Of Criminology","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125034806","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"검찰개혁 이후 수사권 분산의 체계와 과제 -특사경과 자치경찰을 중심으로-","authors":"윤동호","doi":"10.36999/kjc.2019.31.3.85","DOIUrl":"https://doi.org/10.36999/kjc.2019.31.3.85","url":null,"abstract":"The contents of this article are as follows. First, this article will look into how investigative organizations are established and reorganized according to the readjustment of investigation power between police and prosecutors, the establishment of Independent Investigative Agency against High-ranking public officials'' crimes and National Investigation Division and the expansion and implementation of municipal police system. Second, this article analyzes how the investigation power are distributed to various investigation organizations. Third, If there is a conflict between such decentralized investigation power, the suspect is examined by which investigation organization. Lastly, it suggests what is needed in the future to enhance the rationality of the more advanced human rights-friendly investigation power and the decentralization system of investigation power.\u0000The key point of this study is that efforts to est-ablish a smooth cooperation system between investigation organizations are more urgent and important than efforts to- clearly establish the relations of investigation powers among various investigation organizations.","PeriodicalId":282156,"journal":{"name":"Korean Journal Of Criminology","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126322832","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"2019년 제11회 아시아 범죄학회 참가기","authors":"Yong Chul Park, Hye-jeong Kim, 조윤오, Inseop Lee","doi":"10.36999/kjc.2019.31.3.275","DOIUrl":"https://doi.org/10.36999/kjc.2019.31.3.275","url":null,"abstract":"","PeriodicalId":282156,"journal":{"name":"Korean Journal Of Criminology","volume":"127 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133484556","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"변호사법 제109조 위반죄의 해석과 정책 -법무사법 개정의 필요성을 중심으로-","authors":"윤동호","doi":"10.36999/KJC.2019.31.1.71","DOIUrl":"https://doi.org/10.36999/KJC.2019.31.1.71","url":null,"abstract":"In the current legal system of the legal service industry, the Attorney-at-law Act and the law on individual professional qualifications including Certified Judicial Scriveners Act should be regarded as the relation between the principle general law and exceptional special law. In order to resolve conflicts between Attorney-at-law and Beommusa Lawyer and to ensure work of Beommusa Lawyer and other qualified professionals, Attorney-at-law should not perform the work of Beommusa Lawyer and other qualified professionals. And the scope of work of Attorney-at-law based on Article 109 of the Attorney-at-law Act should narrowly interpreted.\u0000If the interpretative controversy over the scope of the Attorneyat- law''s work remains unchanged, it will be necessary to revise the relevant laws to clarify the scope of the work so as to ensure that the work of the legal professional is guaranteed. Especially it is necessary to revise Certified Judical Scriveners Act, which enlarges and clarifies the scope of Beommusa Lawyer who is a “virtually Attorney-at-law”, as in the judgment of the court of appeal, which punishes a Beommusa Lawyer who effectively handled personal individual rehabilitation case as a violation of Article 109 of the Attorney-at-law Act.","PeriodicalId":282156,"journal":{"name":"Korean Journal Of Criminology","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133003561","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"북한이탈주민 신변보호제도와 보안경찰","authors":"최준혁","doi":"10.36999/KJC.2019.31.1.95","DOIUrl":"https://doi.org/10.36999/KJC.2019.31.1.95","url":null,"abstract":"The number of people who displaced from North Korea and settled in the Republic of Korea has increased in recent years. As of the end of 2018, there...","PeriodicalId":282156,"journal":{"name":"Korean Journal Of Criminology","volume":"36 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130442039","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"핀란드에서 구금 방식의 전환과 함의 - 1975년-2015년, 감옥법 개정을 중심으로 -","authors":"김형주","doi":"10.36999/kjc.2019.31.1.247","DOIUrl":"https://doi.org/10.36999/kjc.2019.31.1.247","url":null,"abstract":"The purpose of this study is to examine the mechanism of imprisonment in Finland and finds out meaningful point. This study, specifically, grasps contents amended in ‘Prison law’ from 1975 to 2015, analyses background and aim of the reform through the official documents produced by government and parliament relating to the ‘Prison law’ reform. The main points identified in the amending provisions were that inmate is the one of the members of the community, not an odd or abnormal person and their living condition was similar to those of citizens in society. The reason why Finland established ''humane'' prison system is due to be influenced by prison reform movement from the end of 1960s in Finland, ''Scandinavian Research Council for Criminology'', social welfare policy and attitude of government paid attention to economical efficiency. Finland has intended to grow up the inmate to be a capable citizen with healthy body and a useful cog in the wheel of the whole society. The remarkable thing in Finnish case is that they maintained the criminal justice system or social order without the efficiency of the ''humane'' prison system. This was possible since Finnish people tend to think that offender are also one of the social members and they are partly responsible for all offence. The Finnish case shows that we need to rethink the crime or offender fundamentally.","PeriodicalId":282156,"journal":{"name":"Korean Journal Of Criminology","volume":"99 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131068907","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"屋上屋, 펜트하우스가 될 것인가 옥탑방이 될 것인가?","authors":"이근우","doi":"10.36999/KJC.2019.31.1.43","DOIUrl":"https://doi.org/10.36999/KJC.2019.31.1.43","url":null,"abstract":"This article is based on the article published by the opposing presenter in the debate on the establishment of a high-ranking official crime...","PeriodicalId":282156,"journal":{"name":"Korean Journal Of Criminology","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122536674","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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