All Articles

  • Cyber terrorism has emerged internationally since the mid-1990s when networking began to take place. However, in most cases, the damage was localized by hacking the network of related organiza-tions and hacking for economic gain in order to inform individual or organization claims. However, as we look at the year 2015, the s pread of computer networks and the dependence of the infrastructure on this network are not comparable to those of the 1990s. The fact that major broadcasting companies and financial institutions are temporarily paralyzed by the cyber terrorism incident on March 20, 2013 and June 25, 2013, revealing the vulnerability of the social infrastructure, reveals the danger of cyber terrorism It is imperative to prepare countermeasures. In particular, major social infrastructures and services of the modern countries including Korea are gradually being connected and controlled by ICT technology. In case of facility and service failure caused by unauthorized access to such facilities, the impact on the normal operation of other core facilities may become very large. In particular, there is a serious problem in that the infringement of the network connecting the national infrastructure such as communication, finance, water supply, power, etc. and controlling each information system may cause obstacles in the whole country rather than simple cyber infringement. In this way, cyber terrorism cases against the state infrastructure have been actualized. In addition to the cases described above, there are many cases of cyber terrorism in Korea. In recent years, cyber terrorism targeting Korea has tended to occur in order to impose damage to national infrastructure such as GPS, telecommunications, broadcasting, and financial facilities. This is because the risk of individual criminal activity to threats to national security. In the ICT era, cyber terrorism is a new threat to national security and it is a new type of risk source that is discussed in modern risk society. Therefore, there is a need to cope with criminal policy and legislation.
    Keyword:Cyber Terror, Terror, National Security, Change of National Security Situation, Due Process
  • In Korea, suicide was caused by school violence and it became a social problem. The school violence prevention law was enacted to allow students to take action on school violence victims, protect students from harm, and resolve disputes between them. The existing system of school violence was able to regulate school violence, but the Act on the Prevention of School Violence was enacted to more effectively protect the victims and prevent school violence. According to the Act on the Prevention of School Violence, each school has its own organization called the Autonomy Committee. Self-governing committees usually conduct school violence prevention activities. In the event of school violence, students should take a neutral standpoint and take initiative measures, protect victims, and make dispute resolution. This is an institution to resolve school violence on its own within the school. However, school violence is a criminal offense, and there is controversy over handling school violence within the school. Especially, there is controversy about the scope of the school violence prevention law. In this paper, the main contents of the school violence prevention law are reviewed and the scope of the school violence prevention law is clarified as follows. First, it is the coverage area. According to the School Violence Prevention Act, school violence is violence in and out of school. In other words, it is because school violence can occur not only in the educational activities outside the school but also on the way to and from school. Therefore, it is necessary to interpret it widely based on the relation with the school. Second, it is human scope. The School Violence Prevention Act stipulates that school violence is a "student-directed" act. If the victim is a student, the law must apply regardless of whether the perpetrator is a student or not. Third, it is the action to be applied. In the school violence prevention law, school violence uses the notion of criminal law, such as injury and assault, and it should be interpreted independently in judging it, but it should be interpreted same as the concept of criminal law to prevent unified interpretation and confusion.
    Keyword:School Violence, School Violence Prevention Law, Protection Measure, Self-Government Committee, Leading Measure
  • The labor union means a group of workers organized by workers for the purpose of maintaining and improving working conditions and improving their economic and social status. In modern Western countries, the importance of police union organized in the early 20th century is increasing within the police organization and the it also plays a role as a law-protected labor organization. In Korea, however, the government did not approve of the police union. This study examined the three basic labor rights and significance of the government employees’ union and the trends of police unions in Germany, the United States, and Japan according to the World Labor Organization standards, and then compared the basic labor rights of Korea police union with them. As a result, the police officer’s basic labor rights of Korea police union are not authorized. Therefore, the establishment of Korea police union to obtain basic labor rights of Korea police officers as an employee should be actively considered, also the extent, scope and procedures of allowing Korea police union should be smoothly implemented within the legal system.
    Keyword:Labor Criminal Law, Labor Union, Police Officer, Labor Rights, Public Peculiarity
  • In this paper, we have examined the issues to be considered for the protection of industrial security technology from a criminal law perspective. Infringement of industrial security technology is a field that can threaten the existence and security of the state as well as impeding national competitiveness, and it is common to discuss it in the national security area. Furthermore, the threat of national security has diversified, and the effective control over industrial security technology is getting more difficult. Therefore, this study distinguishes two important areas to be considered for protection of industrial security technology. First of all, although industrial security technology belongs to the field of protection, it is confirmed that un-conditional protection is moving toward a hyperconnected society, and that there is no reality at the moment. Secondly, it pointed out that criminal punishment is at the forefront of protection of industrial security technology, especially that the creation of new crime should be judiciously cautious. In the concrete criminal procedure, it prevents prevention of intentional leakage of sensitive industrial security technology. In order to proactively protect the industrial security technology, it is necessary to consider how to institutionalize information sharing among the related organizations involved in the protection of industrial security technology. In addition, the protection of industrial security technology can be limited only by the efforts of the public sector. Therefore, we examined the possibility of utilizing the private investigator. Finally, we assume that the industrial security technology is traded in the dark net, which is newly emerging as a crime market.
    Keyword:Justice & Law, Industrial Security, Balance of Protection and Utilization, Dark Net, Symbolic Criminal Law
  • The fastest growing form of gambling in the world is Internet gambling. Internet gambling creates many new potential problem in modern society. Gambling can be a very addictive behavior, for some it becomes pathological. And the liquid and ever-changing environment of the Internet provides a perfect cloak for criminal activity. One of the primary concern is that the encryption and anonymity of accounts in off-shore gambling sites provides a conduit through which criminals can launder money. Also, the Internet is readily accessible by young people. As such, teenagers also have access to the multitude of new gambling websites. There are good arguments for both prohibition and legalization of Internet gambling. In reality, it is difficult to crack down or ban Internet gambling sites, and laws or policies that reverse people's behavior practices are ineffective. And therefore, it is also argued that it is necessary to bring into the legal regulatory areas to promote economic benefits such as securing the national tax revenue and to use it in the prevention and treatment of gambling addiction. But the argument that it will create new net revenues by legalizing Internet gambling is simply red-herring taxation that misleads the government, because the monies converted from a taxable consumer economy into vacuous gambling account will significantly diminish overall tax revenues. Internet gambling should not be allowed because the sybaritic monetary philosophy will eventually infect, destabilize and destroy the global economy and financial system.
    Keyword:Internet Gambling, Gambling Addiction, Problem Gambling, Legalization, Prohibition
  • In the midst of the advancement of cutting-edge science and technology, the wave of the fourth Industrial Revolution that has come to the front, there are new types of crime that have not been seen before. The advent of such a dangerous society also results in changes in the role and function of the criminal Law, so the change and the modification of the preexisting criminal theories are called for. This paper also focuses on this point. Especially, the main focus is regarding whether to recognize the criminal identity of the Artificial Intelligence robot and the measure to impute criminal responsibility to it which can be called as the leader of the fourth industrial revolution. At first, regarding whether or not to recognize the criminal identity of the Artificial Intelligence robot, I examined whether it was acceptable or not on the basis of theoretical views that affirm the criminal ability of a corporation. Through these discussions, I could confirm that this frame of thought that only the natural person can have the ability of acting and responsibility should be broken, if Artificial Intelligence robots become recognized as criminal identity later. Next, I point out the there is no legislation in Korea yet in preparation for accidents which caused by Artificial Intelligence robots malfunctions, although these occur frequently. So, I suggested desirable legislative direction. In addition, I examined the possibility of impute the responsibility to the manufacturer and owner related to the penal code interpretation theory, in order to cope with the emergence of strong Artificial Intelligence in the future. At present, the fourth Industrial Revolution is moving forward faster than any other in the past. Also, the development of Artificial Intelligence will further accelerate. Thus, with the change and amendment of the criminal law, fundamental changes will be required beyond the level of simple reconstruction. I expect new legislation to be devised quickly in the near future, with the support of new theories to prove the appropriateness of punishment related to accidents caused by Artificial Intelligence robots malfunctions.
    Keyword:AI Robots, Crime Identity of AI Robots, Liability of AI Robots, Manufacturer's Liability, Owner's Liability
  • The consent of the victim is that the subject of the legal interest allows the other person to infringe on his or her legal interest, and in some cases it is an effective system to engrave the illegality of the act by consent. In KOREA, as a legislative case, the consent of such victims is prescribed in the Article 24 of the Criminal Law, and it is a mainstream interpretation of our criminal law academics to view such acts as justification of illegal acts as self - defense, emergency evacuation. Of course, we also acknowledge that there is a possibility that the consti-tutional requirement may be denied by the consent of the victim even in this legitimate position. In other words, if the consent of the victim is accepted, the constitutional qualification of the act is denied, and the constitutional qualification is recognized but the illegality is sculptured. The study initiates a discussion on what kinds of legal interests victims of a violation can accept. The consent of the victim is recognized only if the right of the disposition is greater than the social necessity of disposing of the disadvantage. However, there are cases where the willingness of the individual to be consent may be a prob-lem if there are individuals who are also victims of the national and social. There is no doubt that the legal inter-ests of a victim's consent is personal interests, but it will focus on the case of conflict between personal and legal interests. In this case, we will confirm that the consent of the person concerned does not affect the establishment of the crime if there is overlap between personal and legal interests and national and social interests. Next, the dispossessed right will review whether any legal interest is disposable, unless there are special re-strictions. This is to examine whether it is possible to limit the freedom of disposition by law. In this regard, we will consider that it is very difficult to uniformly define the limits for the restriction of consent, and that judging this by an uncertain phrase of social equity is not reasonable in terms of legal stability. It also examines how to see the effect of consent when the consent of the dispossessed person is made for illegal purposes. This is to examine whether it is possible to limit the freedom of disposition by law. In this regard, we will consider that it is very difficult to uniformly define the limits for the restriction of consent, and that judging this by an uncertain phrase of social equity is not reasonable in terms of legal stability. If the consent of the dispossessed person is made for illegal purposes, how to see the effect of the consent shall also be examined.It also examines how to see the effect of consent when the consent of the dispossessed person is made for illegal purposes.
    Keyword:Consent of the Victim, Understanding, The Right of Self-Determination, The Effect of Consent, LegalIinterests.
  • This paper deals with the controversy over the gap between the theory and practice of the concept of forced harassment in Korea, in particular so - called ‘indecent act by blitz’. The concept of ‘indecent act by compulsion’ is necessary for a criminal offense to be established by korean criminal law. However, since the Supreme Court admits that ‘indecent act by blitz’ is one of indecent act by compulsion, there is a difference in opinion on the concept of indecent act by compulsion between the legal practice and legal academia. The concept of indecent act by compulsion includes sexual molestation. The concept of the sexual molestation that academics and practitioners generally agree is as follows. The content of sexual molestation is an act in which an actor acts for sexual stimulation, excitement, or satisfaction, and is an act that causes the victim to feel feelings of sexual shame and disgust, and is an act that infringes the victim s sexual freedom. However, there is a great difference between the general interpretation of the academic community and the interpretation of the practice in relation to the specific scope of indecent act by compulsion, which is the subject of criminal offense. This paper analyzes Supreme Court precedents and academics viewpoints to solve these problems. The purpose of this study is to analyze the meaning of sexual molestation and threat and assault expressed in cases and doctrines and analyze the meaning of sexual self - determination right, the essential characteristics of sexual molestation, and the threat and assault.
    Keyword:Indecent Act by Compulsion, Indecent Act by Blitz, Sexual Self-Determination, Freedom of Intent, Simple Indecent Act
  • According to ‘Act on Citizen Participation in Criminal Trials’, Citizen Participation in Criminal Trials took effect from 1st of January, 2008 in Korea. Korea have accumulated 10 years of experience, and reached the present. Commonly, we call Jury participation criminal trial as Citizen Participation in Criminal Trial. But Citizen Partic-ipation in Criminal Trial is let citizen participate as an Juror to suggest opinion of recognition or right of punish-ment. Therefore, it could increase the citizen’s reliability and democratic legitimacy of judicial. Especially, this act can make understandable trial to both dependent and victim by let ordinary non-legal professional people to participate a criminal trial. This could make an effect on faith and validity of the trial. However, this act have been 9 years in Korea and going to 10th year. And it is time to reconsider this act, that it really effect as we expected when we started. This process is necessary work required for the development and proper settlement of this act. The national involve Judicial Council of Supreme Court in Korea, already work on this process from 2008 to 2012; after the analysis, they confirm the final form. On the other hand, Ministry of justice legislate a notice for twice. This study is look for a procedures of Citizen Participation in Criminal Trial, accomplishment of enforcement and development.
    Keyword:The Citizen Participation in the Trial, Amendment of Public Justice Participation Committee, Binding Effect of Jury’s Verdict, Law-Related Education for Citizen, Jury System
  • In recent, restorative justice has become a new paradigm for criminal justice in response to crime. In the existing criminal justice system, punishment is a legal consequence of crime, which has the nature to impose harm on the crime committed by the actor. On the other hand, restorative justice focuses on conflict parties to resolve conflicts. In this view of the world, the problem of crime is the wound of the community and the damage of the network. More fundamentally, this view of illicit behavior implies an interest in the healing of the affected parties, including the perpetrator and the community, as well as the victim. So the parties(the perpetrators, the victims, the community members, etc., in relation to the recovery) participate in the process of resolving conflicts and set and pursue the goal of restoring and reintegrating conflicts. The recovery of the perpetrator is also as important as the recovery of the victim, and it is necessary to accept the perpetrator as a member of the community again Therefore restorative justice emphasizes active support and involvement of the community in the process of recovery. From this point of view, we consider that social treatment is appropriate for the realization of ideology of restorative justice rather than treatment in facility at the correction stage, and we seek to utilize social treat-ment as restorative sanction by practice program of restorative justice. In this respect, the process of acknowledging responsibility for their actions and trying to heal the damage they have with them will lead to regret and responsibility for the past. In addition, you can expect the preventive effect, which is the purpose of punishment. On the other hand, "restorative justice differs from the existing crim-inal justice in that it pursues its goals and means, so many theorists of restorative justice have found that the restorative programs they want to practice are uncritically absorbed into the existing criminal justice system, the problem is that it is simply a solution to the problem-solving type of the problem by restoring the victim's damage to the victim. Therefore, in the aspect of recovery of the main keyword which is the center of restorative justice, the criminal apologizes for himself and takes a restorative duty, so that the result of his / I must start with. It should not be forgotten that in this process, the promise of restoration of the damage between the parties is the starting point for restoring the relationship, not the purpose of distressing the sufferer.
    Keyword:Restorative Justice, Restorative Sanction, Community Sanction, Criminal Sanctions, Restoration