간행물

형사정책 update

Korean Journal of Criminology

  • : 한국형사정책학회
  • : 사회과학분야  >  법학
  • : KCI등재
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  • : 연속간행물
  • : 연3회
  • : 1226-2595
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수록정보
수록범위 : 1권0호(1986)~31권1호(2019) |수록논문 수 : 666
형사정책
31권1호(2019년 04월) 수록논문
최근 권호 논문
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KCI등재

1한국적 수사구조론의 새로운 모색

저자 : 조기영 ( Cho Giyeong )

발행기관 : 한국형사정책학회 간행물 : 형사정책 31권 1호 발행 연도 : 2019 페이지 : pp. 9-41 (33 pages)

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The purpose of this paper is to establish a Korean-specific general principle about criminal investigation process that could guide and lead the legislative process and interpretation of the Korean Criminal Procedure Law. The ongoing discussions on 'the Arbitration of the Investigation Rights between Prosecutor's Office and Police' are insufficient as a task of seeking the investigation procedure that ensures the human rights of the suspects.
Therefore, this paper compares the two prototypes of general theories on the investigation structure which were important during the discussion of the investigation process reform in Germany in the early 2000s, namely the 'partizipatorische Ermittlungsverfahren' and 'Strengthening Model of Rights of Suspects.' Based on these principles, it is necessary to provide the investigative authority with the obligation to guarantee the maximum participation rights of the suspects and counsel (Participation Principle), if the limitation of participation rights is unavoidable due to the conflict with other values such as the purpose of investigation or protection of the victim, the restriction of participation rights should be compensated for by strengthening the right (Defensive Principle).

KCI등재

2옥상옥(屋上屋), 펜트하우스가 될 것인가 옥탑방이 될 것인가?

저자 : 이근우 ( Lee Keun-woo )

발행기관 : 한국형사정책학회 간행물 : 형사정책 31권 1호 발행 연도 : 2019 페이지 : pp. 43-69 (27 pages)

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This article is based on the article published by the opposing presenter in the debate on the establishment of a high-ranking official crime investigation jointly organized by five academic societies on criminal law. It should be noted that those who wrote the text should be saved as much as possible, but it was inevitable that some changes were made since considerable time had passed and considerable changes were made. Nevertheless, the basic attitude of this article is the same. I agree that prosecution reforms are necessary, but they can not be an alternative. Despite their merits, the bills submitted so far are not able to create an airport as a weapon to pursue judicial reforms expected by the public, and are more likely to fall into helpless paper tigers rather than abused.
Judicial reform and prosecution reform should be solved by the law of plaint rather than expecting something unknown, such as a traffic school. We must start with dismantling their sacred familism by dismantling courts and prosecutors as a single nationwide organization by area and matter.

KCI등재

3변호사법 제109조 위반죄의 해석과 정책 -법무사법 개정의 필요성을 중심으로-

저자 : 윤동호 ( Yun Dong-ho )

발행기관 : 한국형사정책학회 간행물 : 형사정책 31권 1호 발행 연도 : 2019 페이지 : pp. 71-93 (23 pages)

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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.
If 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.

KCI등재

4북한이탈주민 신변보호제도와 보안경찰

저자 : 최준혁 ( Choi Jun-hyouk )

발행기관 : 한국형사정책학회 간행물 : 형사정책 31권 1호 발행 연도 : 2019 페이지 : pp. 95-128 (34 pages)

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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 were more than 30,000 peoples. The police are working to protect and support them against threat. But there is a constant controversy that the protection for North Korean defectors by the police violates the basic richts of freedom of movement and freedom of privacy.
This article finds the major cause of the problem with the peace preservation police(sicherheitspolizei), who are responsible for the activities. The peace preservation police's activities against North Korean Defectors are similar to those of security surveillance. However, North Korean Defectors are also citizen of Republic of Korea and there is no danger of recommitment of crime of the Security Surveillance Law. Nor should all North Korean defectors be subject to similar protection as witnesses of crimes. The peace preservation police cannot do well to do guardianship to assist North Korean defectors in settling in the Republic of Korea. There is no disclosure of the guidelines of police that underlie the task.

KCI등재

5재정신청사건의 충실한 공소유지를 위한 방안에 대한 검토 -피해자 재정신청인의 공판 참여 방안을 제안하며-

저자 : 권순민 ( Kwon Soonmin )

발행기관 : 한국형사정책학회 간행물 : 형사정책 31권 1호 발행 연도 : 2019 페이지 : pp. 129-158 (30 pages)

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The Petition system for adjudicaion case is legal program for checking and controlling the doctrine of prosecutorial monopoly and expediency. No one can prosecute other than Prosecutor in Korean criminal system. The most effective system in criminal process for criminal victims who want to punish a offender against the prosecutor's disposal of nonindictment. However, it is less than 1% that court accept the petition of applicants. The more fundamental problem is that prosecutors would not faithful and fair sustainment of a public prosecution, even if court allows this petition of applicants. The prosecutors seek innocent to the charge or abandon appeal in many cases is charged by court-ordered indictment.
This is a natural consequence of the principle of uniformity or identity of public prosecutors. Recently, it is argued that a lawyer designated by court should take a sustainment of public prosecution to solve this problem. I suggest the petitioner as a victim also should participate criminal trial and request for evidence and examine a witness and defendant like a party.

KCI등재

6고강도 형벌정책과 적정한 양형

저자 : 김한균 ( Kim Han-kyun )

발행기관 : 한국형사정책학회 간행물 : 형사정책 31권 1호 발행 연도 : 2019 페이지 : pp. 161-189 (29 pages)

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This essay studies current punitive trends in criminal policy, from the perspective of proportionality, uniformity and honesty in sentencing. It aims to review how to incorporate 'fair and rational sentencing upon common knowledge and public confidence'by sentencing guidelines and sentencing commission of Korea.
Firstly, the author asks what is punitive criminal policy and its cause and effect in Korean society. This will be followed by questions on the problems of such policy trends in criminal justice system. Such problems is to be dealt with in sentencing stage, where the legislature and the judiciary should gain public confidence by fair and effective criminal sanctions against crimes at issues, especially sexual violence on women and children.
The basic objective of sentencing guideline system is to enhance the ability of the criminal justice system to combat crime through an effective, fair sentencing. To achieve this end, reasonable uniformity in sentencing should be achieved by narrowing the wide disparity in sentences imposed for similar criminal offenses committed by similar offenders. Proportionality in sentencing also needed by imposing appropriately different sentences for criminal conduct of differing severity. Moreover, sentencing policy should realize honesty in sentencing, which means common sense, public participation, transparency in proposing sentencing ranges and factors by individual guidelines. The vicious circle of punitiveness and public distrust in penal policy should be measured by fair and effective sentencing system. The structure of current sentencing commission and sentencing guideline should be open to more scientific research and public opinion.

KCI등재

7법정형의 적정성 판단기준의 상세화 및 입법환경의 개선을 통한 고강도형벌정책 경향의 감소방안

저자 : 박경규 ( Park Kyung-gyu )

발행기관 : 한국형사정책학회 간행물 : 형사정책 31권 1호 발행 연도 : 2019 페이지 : pp. 191-218 (28 pages)

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Dieser Aufsatz behandelt die Tendenz der Erhohung des Strafrahmens. Obwohl die Tendenz in der Lieteratur kiritisiert wurde und wird, existiert sie immer noch. es scheint, dass die Tendenz einigermaßen darauf zuruckgeht, dass die Konkretisierung der Maßstabe fur die Beurteilung der Verhaltnismaßigkeit des Strafrahmens ungenugned ist und die Infrastruktur bezuglich der Strafgesetzgebung nicht in der Weise aufgebaut ist, dass sie ermoglicht, den Strafgesetzgeber moglichst nicht durch eine als unangemessen anzusehende Aufforderung der Erhohung des Strafrahmens beeinflusst werden zu konnen.
Auf diesem Hintergrund wird es in diesem Aufsatz verucht, dass einige Maßstabe fur die Beurteilung der Verhaltnismaßigkeit des Strafrahmens auf Basis der Straftattheorie konkretisiert werden, und dass einige Methoden der Verbesserung der Infrastrukur bezuglich der Strafgesetzgebung gesucht wird.
Es ist als konkrete Maßstabe fur die Beurteilung der Verhaltnismaßigkeit anzusehen, die Rechtsnatur der Strafnorm deutlich zu machen, die Voraussetzung der Notwendigkeit eingesetzten Mittels eingehend zu prufen und bei der Strafrahmensvergleichung das Vergleichsobjekt gleich zu machen. Es kann beispielsweise eine Methode der Verbesserung der Infrastruktur sein, dass es auch fur die Abgeordneten obligatorisch wird, vor Vorlegung eines Gesetzanderungsentwurfes die Unterstutzung des parlamentarischen Unterstutzungsorgans zu ersuchen, und dass das koreanische Rechtsinformationszentrum eine Datenbank der Strafnormen betriebt.

KCI등재

8전자장치 부착제도의 효과성에 대한 재검토 - 부착여부와 부착기간을 중심으로 -

저자 : 강민구 ( Kang Min Gu )

발행기관 : 한국형사정책학회 간행물 : 형사정책 31권 1호 발행 연도 : 2019 페이지 : pp. 219-244 (26 pages)

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The purpose of this article is re-examining the effectiveness in two dimensions - attachment by itself and its duration, and suggests the implications in the perspective of criminal policy and legislation. For this, previous positive researches restricting on other variables and statistics of the ministry of Justice are used. This article tries to answer to the controversy on the effectiveness of the attachment of electronic device for position tracking between ministry of Justice and some researches.
The result of re-examining are two. First, this article argues the effectiveness of the attachment to the electronic device can be confirmed, but the dramatic effectiveness is difficult to be confirmed. Previous positive researches that restricted other variables show that the correlation between the attachment to electronic device and the recidivism is statistically significant. And dramatic recidivism reduction of one eighth lacks the internal validity due to different risk time and duration.
Second, this article discovered that the effectiveness is the highest in less than 1 year and the lowest in more than 5 years and less than 10 years, depending on attachment duration. The recidivism of the attached to electronic device more than 1 year and less than 5 years is relatively low.
These re-examining induces two-dimension implications. One implication is, on the dimension of criminal policy, that the effectiveness of the attachment to electronic device is the most in short-time duration as a tool of short-time shock treatment. So, recent punitive criminal policy trend is not valid in the perspective of effectiveness. This is connected to the implication of effectiveness of home confinement as an alternative to imprisonment of misdemeanors.
The other implication is, on the dimension of legislation, that the upper limit of the attachment is less that 5 years, and the lower limit statute is deleted. Also, the diversification statutes need to be amended from statutory punishment to the recidivism risk. On the oppositions that these short shock effects are insufficient to reduce recidivism, the statute of enlarging exclusive probation officers from only high-risk child molesters to high-risk specific criminals can be an alternative.

KCI등재

9핀란드에서 구금 방식의 전환과 함의 - 1975년-2015년, 감옥법 개정을 중심으로 -

저자 : 김형주 ( Kim Hyungju )

발행기관 : 한국형사정책학회 간행물 : 형사정책 31권 1호 발행 연도 : 2019 페이지 : pp. 247-281 (35 pages)

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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.

KCI등재

10채팅어플리케이션을 통한 성매매방지를 위한 법률적 규제방안

저자 : 이성대 ( Lee Sungdae )

발행기관 : 한국형사정책학회 간행물 : 형사정책 31권 1호 발행 연도 : 2019 페이지 : pp. 283-312 (30 pages)

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These days, access to cyber space has been greatly improved to have relation with practical use of cyber crime. Mobile device and its application play an important role. Widely use chatting application and random chatting application are used to commit prostitution crime.
This study investigated legal control of prevention of prostitution:
The application was found to be a kind of applied software to be simple and to have less limitation. The feature had characteristics of mobile crime, and the study examined abuse of chatting application and regulation of applications.
And, the study investigated legal regulation of chatting application under current legal regulation. No regulation regulated smart phone application itself, and applications with pornographic information and crime were based on special laws. Current regulation on smart phone application had problems: 1) Difficult to regulate because of spacial limitation, 2) Technical limitation, 3) Legal problems.
The study investigated ISP's obligation on supply of prostitution information overcoming current limitation, application production and expansion of admission of accomplice of prostitution for positive and strict punishment, assignment of juvenile harmful media, blocking of juvenile harmful media of smart devices and compensation of juvenile prostitution reporting. However, regulation on application, obligation of online service provider, punishment of application production and developer had legal problem and escape of regulation, and 'kid control application' and compensation for juvenile prostitution reporting were no more than supplementary means. Prostitution prevention could not be done because of laws and systems to be done secretly online and to control and evidence. Cyber secret investigation could solve the problems.

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1연안해역에서 석유오염물질의 세균학적 분해에 관한 연구

(2006)홍길동 외 1명심리학41회 피인용

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(2006)홍길동심리학41회 피인용

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(2006)홍길동41회 피인용

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