Robotics & AI Ethics

The rapid development of science and technology in the late industrial society has changed the civilization of mankind rapidly. Especially, due to the development of advanced information and communication technology, the world is free of the barriers between countries so that the word 'global village' disappears. As a result, free movement of people, money, and technology makes economic ripple effect, spreading democracy, I brought it. On the other hand, there are also side effects that can enforce enormous economic damage as well as human life and body, such as the abuse and abuse of nuclear power due to advanced science and technology, serious environmental crimes, unpredictable accidents, It is the dark side of the development of science and technology. The dark side of this technological development is the object that human beings must overcome to exist as human beings and to live a safe life while they exist. To do this, we examine the emerging risks in the transition from industrial society to late industrial society, and the role of the criminal law in coping with these dangerous people and their changes. In other words, as a means of controlling risk, we have examined the legal response, and the change in the concept of legal benefit through transposition of such a criminality and the expansion of abstract dangerous people are suspected to be effective and may adversely affect the fostering of healthy social communities. In addition, it has been confirmed that it is reasonable to abolish this approach because it is possible to promote the quantitative expansion of the criminal law in a clear sense that it copes with a new phenomenon, rather it may even doubt the effectiveness of the criminal law itself. In addition, the problem of management of the risk source is not socially controlled by the state but it is reasonable to go to the social management based on the social consensus of the concerned civil society and the people who have easy access to the risk source. And the administrative law area, it is reasonable to consider the criminal legal action as the ultimate means.

Legal interests are the best value for maintaining a peaceful order in society. The legal interests of penal law is one of the most significant values among others protected by so many laws. The fundamental priciple of criminal law is the benefits and protection of the law, which consists of national, social and individual legal interests. In particular, the national legal interests is related to the existence and security of the state, therefore it is a very important legal benefits. Thus, this study will try to formulate the concept of national secret in order to apply the criminal law accurately. This research has been conducted to draw the concept of judging the national confidentiality based on the principle of legality(nulla poena sine lege). The Supreme Court precedents of the Republic of Korea state that the national confidentiality should not include facts, articles, or knowledge that are already widely known to the general public through proper procedures in Korea. National confidentiality should b e kept as a secret for national interests. To be treated as national confidentiality, there must be a real threat to national security if it were publicly available. In general, there are three criteria for judging national security. First, a ‘theory of formally designated as secrets’ recognizes only the national secret as an explicit indication that the government organization prohibits the public from being known. Second, a ‘practical secret theory’ means regardless of a formal designation as a secret, if the contents of a document is critical to be preserved and it has a substantial value as a secret, which is recognized as confidentiality. Third, a ‘merge theory’ is a position that can become national secret if it has both formally designated and practically valuable as secret. In conclusion, it is reasonable that ‘publicly known facts’ and ‘trivial things’ should be excluded in order to comply with the meaing of national secret. And conventional wisdom and current social atmosphere of Korea should be reflected during the process of classifying actual secrets. Furthermore, it needs to have an objective and concrete analysis on each field. Nevertheless, if the judgment on confidentiality is still ambiguous and unclear, then the principle of in dubio pro reo should be applied and favorable to the defendant.

The problem of the school violence of the youth is not merely the deviation of the individual, but the social problem that our community must solve as a top priority. In recent media reports on juvenile school violence, newspapers and portal sites have spread. People who were angry at the school violence filed a petition to abolish the Juvenile Law on the Cheongwadae homepage, and more than 270,000 people have complained about it, resulting in a huge societal aftereffect. It does not mean that they do not understand community members' sympathy. Although they trust the strong national obedience as a measure against school violence, they do not have a great effect. At the end of 2011, Daegu's suicide incident became publicized, causing a great social shock. The government announced that it would eradicate school violence in 2012, and announced the "Comprehensive Measures for the Elimination of School Violence". After the announcement of the measure, it was reported that the violence was reduced by simple numerical figures. However, after several years, we can not help asking whether the measure emphasizing unilateralism is effective. This shows the limitations of not being able to create a healthy community and not fundamentally reducing school violence and juvenile delinquency as a powerful imperative of the current judicial system in which the punishment of the perpetrator punishment = problem solving is widespread in our society. Therefore, in this study, how is the direction of school violence and genuine restorative justice defined in the current situation, where the national criminal justice system paradigm is shifting from the victim-centered traditional criminal justice system to the offender-centered criminal justice system? The current Criminal Justice Review examines the meaning and effectiveness of the traditional national criminal right to combat and complement the ideology of restorative justice as a preventive measure against serious school violence. It is necessary to plan ways to bring about substantial change.