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형사정책 update

Korean Journal of Criminology

  • : 한국형사정책학회
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수록정보
수록범위 : 1권0호(1986)~30권1호(2018) |수록논문 수 : 634
형사정책
30권1호(2018년 04월) 수록논문
최근 권호 논문
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KCI등재

1부동산 이중매매가 과연 형사처벌의 대상인가?

저자 : 박찬걸 ( Park Chan-geol )

발행기관 : 한국형사정책학회 간행물 : 형사정책 30권 1호 발행 연도 : 2018 페이지 : pp. 7-40 (34 pages)

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Considering the basic premise that in case there are civil disputes occurring, it is right to resolve, in principle, them, in accordance with civil codes, but that if only such a method is judged invalid, criminal codes shall be applied exceptionally, protective steps for buyers' sales and purchase prices are to be taken by improving such a civil case system. It is possible enough to prevent antisocial behaviors of real estate double contract, in advance, by revising the practice of real estate trade. Nevertheless, using the nation's penal power through the means of prohibition and oppression cannot be considered a valid policy. Especially in the case of statute nation which cannot accept the case law, taking the established precedents as an unchanged truth is extremely dangerous. In the statute nation like South Korea, it is indisputable that case law does not have binding force as the laws and regulations do. Taking it into account, the supreme court must play a role to resolutely revise a case law and improve its contradiction if such a case law is found to have no logical consistence or involve few penalties owing to the complemented institutional or policy system, although such a case law has long been established. It needs to be noted that revising a case law can mean complementing such an institutional or policy system that was not established properly at that time the case law began to be amended. The criminal code association criticizes too much for the logical contradiction of the criteria to be given criminal punishment. Even the judicial body has the greater opinions in favor of such a situation. Given such a stern reality, the judicial body should never delay making a final judgment, considering whether such opinions must be limited by legally persuasive power, and possible social impacts incurred when such opinions are to be accepted. This is a matter to be overcome throughout the whole process the legislative body drafted the related laws and ordinances and the administrative body executes them.

KCI등재

2신상털기의 실증연구에서 원인 및 기회증폭과 통제요인들의 통합작용 모색

저자 : 이성식 ( Lee Seong-sik )

발행기관 : 한국형사정책학회 간행물 : 형사정책 30권 1호 발행 연도 : 2018 페이지 : pp. 41-64 (24 pages)

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This study constructs an integrated model and tests it for explaining internet public disembowelling through not only causes, but also opportunity and control factors. This study includes four causal factors such as attitude toward internet public disembowelling, sense of authority, group subculture, and curiosity/fun, three opportunity factors such as anonymity, internet techniques, and netizen's cooperation, and three control factors such as self-control, perceived formal punishment, and informal social control. This study surveys 241 university students in Seoul and finds that attitude toward internet public disembowelling, curiosity and fun, and group subculture have significant influences on internet public disembowelling, but th effect of sense of authority is not significant. Results show that for interaction effects between causal and opportunity factors, attitude toward internet public disembowelling has significant interaction effects with anonymity, internet techniques, and netizen's cooperation, and curiosity/fun has also significant interaction effects with internet techniques, and netizen's cooperation. It is also found that for interaction effects between causal and control factors, attitude toward internet public disembowelling has significant interaction effects with self-control, and group subculture has also significant interaction effects with the perceived formal punishment. Overall, theses results support this study's hypotheses.

KCI등재

3가짜뉴스에 대한 형사법적 규제가능성과 보완필요성 검토

저자 : 이성대 ( Lee Sungdae )

발행기관 : 한국형사정책학회 간행물 : 형사정책 30권 1호 발행 연도 : 2018 페이지 : pp. 65-93 (29 pages)

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These days social conflict of the cases made by fake news being given attention had ripple effect in the society, The purpose of the study was to investigate legal regulation and political actions against fake news: The study supplemented regulations from point of view of new criminal law in addition to existing press laws and election laws. The study investigated as follow: At first, the study examined concept and scope of fake news. Fake news should be distinguished from false report, negative and satirical fake news to cognize fact relevance and falsehood regardless of entity (anybody can make out) and to have specific purpose (intentional and purpose) and to make out in the style of article. The study investigated legal regulation and criminal punishment against fake news according to current laws. Laws had regulated production and distribution of fake news subject to falsehood from point of view of civil case, administration and criminal case. Administrative regulation should be controlled regarding preliminary inspection of article 21 of the Constitution to supplement by civil case and criminal case. Supplementation of regulation by civil case should introduce punishing punishment and new regulation of criminal areas. Punishing regulation should be introduced when the one who was not press man had not personal benefit (fame, etc) but social benefit. This matter was found to violate Article 47-1 of the Act on Utility and Communication by the Constitutional Court (so called Minerva case). The Constitutional Court's decision has been still effective so that legal punishment against fake news should be made and civil regulation instead of legal regulation should be made to control by civilians. In modern society that press environment made change rapidly, freedom of the press and expressions should be guaranteed.

KCI등재

4사이버테러 법제 현황과 대응방안

저자 : 윤해성 ( Yoon Hae Sung )

발행기관 : 한국형사정책학회 간행물 : 형사정책 30권 1호 발행 연도 : 2018 페이지 : pp. 97-119 (23 pages)

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The first cyber terrorism was only to the extent that a specific individual or organization hacked the network of the relevant organization to take economic advantage or pursue self-disclosure. However, with the recent development of ICT technology and Internet of things, the risk of cyber terrorism is being amplified as the whole social infrastructure is relying on the network, and the risk is ongoing. In Korea, cyber terrorism, which is estimated to be North Korea's behavior since 2008, has increased sharply, and cyber terror attacks against the state infrastructure have been continuing. Moreover, the recent Internet environment has attracted not only the North Korean followers but also the political propaganda of the international terrorist crime organization. Because of the nature of cyberspace, the proportion of cyber terrorism among various security threats is becoming a serious risk factor in the dangerous society. Therefore, I will examine the concept, type, and characteristics of cyber terrorism as a security factor and examine the legal system and implications of major countries. Based on this, I will present the necessity of cyber terrorism prevention law and the direction of criminal policy in Korea.

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This article sets forth the evolution of Terrorism Law in Korea since 2000 in that so-called 9-11 accidents happened, Most recently, in March 2016, at last, 'Anti-Terrorism Law' has been introduced in Korea since 15-years dispution in the Parliament. The article analizes the new Terrorism Law: especially its interpretation and its limitation in case of the application of the law. This article aims to compare the intelligence oversight systems over the intelligence agencies' surveillance from the comparative point of view, and to look into ways to increase the effectiveness and efficiency of Korean parliamentary oversight of intelligence. It comes to the conclusion that the parliamentary oversight committees should be introduced in future. For the improvement of the Korean cases including the newly enacted 'Anti-Terrorism Law', should take the comparative approaches into consideration, and finally, the article suggests the desirable revision of the 'Anti-Terrorism Law'.

KCI등재

6[판례평석] 항공보안법상 항로변경죄의 문리해석에 있어서의 문제점 -대법원 2017. 12. 21. 선고 2015도8335 전원합의체 판결-

저자 : 임정호 ( Lim Jung Ho )

발행기관 : 한국형사정책학회 간행물 : 형사정책 30권 1호 발행 연도 : 2018 페이지 : pp. 147-170 (24 pages)

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The purpose of 'Korean Aviation Safety and Security Act' is to prescribe standards, procedures and duties in airport facilities, air navigation safety facilities and aircraft. Moreover, its another purpose is to ensure the safety and security of civil aviation. In order to prevent any wrongdoing and unlawful conduct in such places, there are various penal provisions such as 'Crime of Causing Damage to Aircraft(Article 39)', 'Crime of Hijacking Aircraft(Article 40)', 'Crime of Altering Course of Airplane(Article 42)', 'Crime of Interference in Airport Operation(Article 45)'. The penal provisions of the Act seem to be clear. Furthermore, the term “in flight(Article 2 of the Act)” definitely means “from the time all the doors of an airplane close after passengers board the airplane to the time all the doors of the airplane open for passengers to disembark”. Recently, the majority opinion of the Korean Supreme Court held that “Altering Course of Airplane” of Article 42 means altering airway of airplane even though the term of “in flight” exists in the penal provision. However, the dissenting opinion found that “Altering Course of Airplane” means not only altering airway of airplane but also altering of taxing, towing and pushing back of airplane itself. The majority opinion held that grammatical interpretation should be applied to the Crime of Altering Course of Airplane in the Act. However, grammatical interpretation is not properly applied to this case. Instead, the majority opinion applied a mixture of grammatical interpretation and teleological interpretation. Therefore, “Course of Airplane” of Article 42 of the Act includes not only airway of airplane but also land route of airplane “in flight”.

KCI등재

7의사결정나무 분석기법을 활용한 성범죄의 집행유예 결정인자 연구

저자 : 최이문 ( Choi Yimoon )

발행기관 : 한국형사정책학회 간행물 : 형사정책 30권 1호 발행 연도 : 2018 페이지 : pp. 171-201 (31 pages)

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The suspended sentence has been most commonly used as a criminal penalty in Korean criminal justice system. Only small number of empirical research have examined the impact of consideration factors on suspended sentence. This study have examined sentences for crimes of sexual assault using data mining technique(decision tree analysis). 301 criminal cases were analyzed by logistic regression which has been applied to predicting legal decision making, with an alternative method-decision trees. The finding using logistic regression showed the consideration factors such victim's opposition to punishment, no criminal history, sincere remorse were significant to predict a possibility of suspended sentence for sexual crimes. Contrarily, decision tree analysis produced a simple and equally effect model that only two factors, victim's opposition to punishment and sincere remorse, were significant to predict suspended sentence. Comparison between two method using AUC analysis showed no difference. Decision tree analysis is as good as logistic regression analysis in predicting suspended sentence and better for interpretation. Limitations and implications for policy and future research were discussed.

KCI등재

8민영소년원 도입추진과 설립운영의 형사정책

저자 : 김한균 ( Kim Han-kyun )

발행기관 : 한국형사정책학회 간행물 : 형사정책 30권 1호 발행 연도 : 2018 페이지 : pp. 203-225 (23 pages)

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Since South Korea has introduced a private prison (Somang Correctional Institution), Somang, the only privately-managed prison in Asia, in the year of 2010, the Ministry of Justice now announces its plan to introduce a private juvenile protection institution. While the Somang Prison manages its inmates to spend daytime learning vocational skills and participating in church activities, most of its correctional programs focus on rehabilitation, not punishment. The idea of more humane and effective correction, which has allegedly been realized here, is now planning to be adopted into the project of privatizing juvenile protection institutions. In cases where it is necessary to order protective detention of a juvenile as a result of a juvenile trial, the judge may make disposition to entrust a juvenile concerned for the care and custody to a child welfare institution under the Child Welfare Act or other juvenile protection institution, or to entrust a juvenile concerned to a juvenile medical care and protection institution. Firstly, the privatization of juvenile protection institution under discussion is to be based on the positive assessment on the rehabilitative works of the existing private prison. Secondly, the issue of 'overcrowding prison' may not has its political priority in the introduction of private juvenile protection institutions, as the youth-political focus should be put on the effectiveness of correction on juveniles. Thirdly, juvenile protection institutions may have a priority in the policy of privatization, for their role of rehabilitating juveniles with proper facilities and programs. What is matter at the planning of private juvenile protection institution is both to secure support from government to fully realize its correctional programs and to allow its independence from government in its development of new juvenile justice models.

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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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2미국의 비트코인 규제

(2006)홍길동41회 피인용

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