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A Reflection on the Preventive Measures Against Damages of Unlawful Fund Raising -With a Focus on the Deterrence Theory-

Vol.7 (No.2) 2022
Author
admin
Date
2022-09-30 23:03
Views
529

Abstract


Purpose: The economic crimes targeting an unspecified majority are beyond imagination in terms of economic development and the extent of their damages incurred. Among the typical examples is the crime of unlawful fund raising. Despite the continuous crackdowns and punishments at the pan-government level, it threatens the economy of the commoners. The most unlawful fund raising companies are not subject to financial supervision, yet promise to pay a fixed interest rate or high dividends several dozen times larger than the financial institutions as a bait of high returns. However, there is no source of income, and it is just a ‘Ponzi scheme’ which preserves the profits of existing investors with the investment of new investors. This is a method through which the unlawful fund raising companies guarantee the principal and interest from an unspecified number of people without authorization, permission, registration, or reporting. Furthermore, defrauding multi-level investment by paying referral allowances or commissions when introducing sub-investors is a typical behavior of the unlawful fund raising crimes.

Method: This study reviews previous studies through the literature study, and examines the actual situation via the empirical studies along with theoretical review of unlawful fund raising act, which is deceived by high returns, and deceptive behavior through multi-stage investment.

Results: This study based on the gravity of the crime of unlawful fund raising, the latest trends in the crime types including the impersonation of financial companies and virtual currencies are analyzed. Sanctions against those who engage in an unlawful fund raising act should be strengthened, and good traders should be protected.

Conclusion: Furthermore, the gravity of punishment in the deterrence theory for the crime prevention is presented as a theoretical grounds. As a measure to prevent damages, it is necessary to raise the criminal punishment, and introduce punitive damages and a special judicial police officer system.

Keyword:Unlawful Fund Raising, Financial Crime, Investment Fraud, Deterrence Theory, Ponzi Scheme
  • Purpose: This study has public value as it identifies the current status and problems of extracurricular program. It does so by analyzing the operation and performance of extracurricular program after selecting them based on the results of student needs analysis. Additionally, it verifies whether participation in extracurricular program has an effect on self-efficacy and suggests implications for future program design and activation. Method: Data collection was conducted by surveying students in the science department of O University in the Seoul metropolitan area, and analysis methods included frequency and percentage, exploratory factor analysis, reliability testing, correlation, and regression analysis. The research questions are 1. How is the selection of extracurricular program based on students' needs analysis? 2. What are the results of the analysis of the operational performance of extracurricular program? 3. Is participation in extracurricular program effective in promoting self-efficacy? Results: Based on research question 1, the extracurricular program selected were the Creative Convergence Competition, the Foreign Student Mentoring Program, 5L DAY, and the 3D Printing Instructor Certification Course. According to research question 2, the creative convergence competition was able to develop core competencies outside the major and needed communication channels between departments. International student mentoring needed to strengthen the criteria for international students to participate in the program, and the 3D printing instructor certification course needed online lectures for theory and in-person lectures for practice. 5L DAY had the highest level of satisfaction among the comparison programs. According to research question 3, participation in the Future Learning Capability Program was effective in improving self-efficacy. Conclusion: The limitations of this study include that the research subjects are limited to the science departments of metropolitan universities, and the effectiveness of the "Future Learning Competency" extracurricular program is verified among the core competency-based extracurricular program of universities, and subsequent research requires subdivision by department and grade, and research on various factors such as learning effectiveness and satisfaction.
    Keyword:Future Learning Competency, Extracurricular Program, Operation, Performance, Self-Efficacy
  • Purpose: The main purpose of this study is as follows. First, it analyzes the differences in organizational outcome variables(work-life balance, boss reliability, job satisfaction, work performance, and organizational commitment) according to the use of the flexible work system. Second, it analyzes the difference between the presence or absence of experience in using the flexible work system and organizational outcome variables(work-life balance, boss reliability, job satisfaction, work performance, and organizational commitment). Third, it analyzes the difference between experience without permission for the flexible work system and organizational outcome variables(work-life balance, boss reliability, job satisfaction, work performance, and organizational commitment). Method: In order to achieve the purpose of this study, a questionnaire was designed for public officials in Daegu to understand the use of the flexible work system and the degree of recognition of organizational outcome variables. Organizational outcome variables included family-friendly policy satisfaction, work-life balance, organizational contribution, boss trust, organizational satisfaction, job satisfaction, work performance, turnover intention, organizational commitment, and life satisfaction. In order to achieve the purpose of this study, basic statistical analysis, frequency analysis, and cross-analysis were sequentially performed. Results: As a result of the statistical analysis of this study, there is a difference in the level of awareness of organizational outcome variables between groups that currently use and do not use the flexible work system, and groups that do not have permission to use the flexible work system. Conclusion: The statistical analysis results of this study suggest that there is a clear difference in perception between groups of workers in different situations regarding the use of the flexible work system. This is thought to be a policy implication necessary for the proper design of the flexible work system in public organizations and the more active use of the flexible work system.
    Keyword:Flexible Work System, Local Government, Public Officials, Use of Flexible Work System, Organizational Outcome Variables
  • Purpose: Local autonomy was revived in 1991, and 30 years later, local councils have made a lot of progress. However, local residents' trust in local councils is not at a satisfactory level. In particular, on January 13, 2022, the entire「Local Autonomy Act」was amended to strengthen the autonomy of residents and local governments, and to secure transparency and accountability. It can be said that it is necessary to enact a local council law that can increase. Method: Comparison and analysis of the 'Local Council Act' proposed by Jeon Hyun-hee, former member of the 20th National Assembly in February 2018 and Lee Hae-sik, a member of the National Assembly in November 2020, which is the most representative proposal among local council laws, and refer to the Local Autonomy Act and the National Assembly Act to determine the direction of local assembly law wanted to make a suggestion. Results: The role of local councils is becoming more important to respond to the changing social structure and solve local problems. Therefore, it is necessary to activate local legislative activities to fulfill practical authority and roles. In other words, the direction of enactment of the Local Council Act should ensure the autonomy of the local council while at the same time strengthening its responsibility(professionalism). Therefore, it is required to secure transparency and reliability in the legislative activities of local councils and local councilors in parallel with the expansion of the authority of local councils. Conclusion: As matters to be considered in enacting the Local Assembly Act, first, the practical benefits of en-acting the Local Assembly Act should be fully considered. If the authority and independence of the local council can be strengthened and established by supplementing the current Local Autonomy Act, the need for enactment of the Local Council Act is low. Second, the direction of strengthening the responsibility and autonomy of local councils so that the enactment of the Local Council Act can solve problems in the local community with the strengthened authority and status of the local council, improve the quality of life of local residents, and activate grassroots democracy. should be enacted as.
    Keyword:Local Council Act, Local Autonomy Act, National Assembly Act, Responsibility, Accountability
  • Purpose: The societal perception of tattoos has evolved, and tattooing procedures have become more prevalent. However, tattooing constitutes a medical procedure involving invasive actions on the skin, thereby falling within the scope of medical practices. Unless performed by qualified medical professionals possessing medical expertise, there is a constant risk of jeopardizing the life, physical well-being, or public health of tattoo recipients. Consequently, this paper seeks to investigate the current state of tattooing practices in South Korea, examining the legal issues at hand, and proposing measures to mitigate potential harm to consumers. Method: Through a comprehensive review of prior research and analysis of relevant literature, including an examination of judicial precedents, this study aims to examine the stance of the Constitutional Court and the Supreme Court regarding tattooing. Additionally, it seeks to review the legislative systems pertaining to tattooing in foreign countries such as the United States and Japan in order to propose improvements to the current tattooing system and suggest measures for consumer protection. Results: Through a review of legal precedents in our country, we have identified the evolving perception regarding the practice of tattooing. Additionally, by conducting research on foreign laws and systems, we have gained new insights into the legalization of tattooing and the considerations for potential solutions. By engaging in comprehensive discussions encompassing the protection of citizens' right to life and health, public health concerns, as well as the artistic nature, freedom of expression, and freedom of occupational choice associated with tattoos, we have sought to explore measures for improvement in the field of tattooing. Conclusion: Through this study, it was possible to ascertain the changing public perception of tattooing. Additionally, by conducting an analysis of foreign legal systems that reflect the evolving perception of tattoos, avenues for the legalization of tattooing could be explored. Protecting the right to life and promoting health, which are the objectives of medical law, naturally entail reserving medical procedures for qualified healthcare professionals. However, given the difficulty of reversing the widespread acceptance of tattooing brought about by societal changes, it is now necessary to consider the legalization of tattooing through legal and regulatory frameworks. This should be accompanied by consistent governmental oversight and supervision by the Ministry of Health and Welfare to safeguard the health rights of the population.
    Keyword:Tattoo, Medical Treatment, Medical Law, Unlicensed Medical Treatment, Cosmetic Plastic Surgery
  • Purpose: In this study, the relationship between Using Reference Groups, Service Belief, Self-regulation, Vocational Calling, and Autonomy was investigated to analyze the factors affecting the reduction of job stress of Korean Hair-beauty Shop Workers. In addition, this study aims to analyze whether Social Support has a moderating effect on the relationship between Job Stress, Using Reference Groups, Service Belief, Self-regulation, Vocational Calling, and Autonomy. The purpose of this study is to help reduce the job stress of Korean hair salon workers and to contribute to vitalization of the beauty industry by analyzing the relationship between various factors in an integrated way. Method: This study was conducted for Korean Hair-beauty Shop Workers, and analyzed data were collected by distributing questionnaires to hair beauty shops and beauty associations and organizations nationwide. Empirical statistical analysis was performed using SPSS 25.0 program, and frequency analysis, reliability and validity analysis were performed. Multiple regression analysis was performed 4 times by defining the dependent variable stress as 4 factors, and moderating effect analysis was performed to find out the influence relationship of social support. Results: First, Using Reference Groups(β=-.309, p<.001), Service Belief(β=-.248, p<.001), Autonomy(β=-.222, p<.001), Vocational Calling(β=-.117, p<.001) factors have a significant negative(-) effect on job stress. Second, Service Belief(β=-.271, p<.001), Autonomy(β=-.209, p<.001), Using Reference Groups(β=-.089, p<.05) factors have a significant negative (-) effect on Personal Stress. Third, Using Reference Groups(β=-.365, p<.001), Self-regulation(β=-.202, p<.001), Autonomy(β=-.160, p<.001), Service Belief(β=-.144, p<.001) factors have a significant negative(-) effect on Customer and Work stress. Fourth, the factors of Service Belief(β=-.294, p<.001), Using Reference Groups(β=-.280, p<.001), and Autonomy(β=-.235, p<.001) have a significant negative(-) effect on Environment Stress. Finally, in the effects of Using Reference Groups, Service Belief, Self-regulation, and Autonomy on Job Stress, the moderating effect of Social Support was found to be statistically significant. Conclusion: Using Reference Groups, Service Belief, Self-regulation, and Autonomy were found to have a significant negative effect on Job Stress. In particular, Using Reference Groups, Service Belief, and Autonomy had a significant influence on all sub-factors of Job Stress, and Using Reference Groups had the greatest influence, con-firming that it was the most important variable for hair-beauty shop workers. It was confirmed that Hair-beauty shop workers with high Social Support had lower job stress as their Perceptions of Professionalism increased than Hair-beauty shop workers with low social support. Specifically, the negative influence of Using Reference Groups, Service Belief, Self-regulation, and Autonomy on Job Stress was larger in the group with high Social Support than the group with low social support. In order to make Hair-beauty shop workers less stressful in performing their jobs, enhancing their own professionalism is a significant means, but the manager of the hair beauty shop respects, considers, cares, and treats members intimately, Informational Support should be provided, and appropriate compensation should be provided for the job.
    Keyword:Hair-Beauty Shop Workers, Using Reference Groups, Service Belief, Self-Regulation, Job Stress
  • Purpose: The Supreme Court changed its existing position on the provisions of the housing trespassing offense for 2021 and 2022 through a consensus decision. In 2021, if a part of the co-resident enters the co-living house according to the normal access method with the realistic consent of the current resident in the absence, the establishment of the crime of trespassing is denied even if it is against the presumed will of the other resident who is absent. . In 2022, if you enter a restaurant where the public is freely allowed to enter without a restraint from the business owner, even if it seems that the business owner would not have consented to the entrance if he had known the actual purpose of entry, the purpose of this is not to constitute a crime of trespassing. . According to the precedent, the legal benefit of protection for the crime of trespassing is ‘the de facto tranquility of the dwelling’. The purpose of this study is to examine the interpretation and judgment standards regarding the legal interests of protection against trespassing, and to consider trespassing, which is the act of trespassing. Method: Article 16 of the Constitution of the Republic of Korea states, “All citizens shall not be infringed upon their freedom of residence. When a residence is seized or searched, a warrant issued by a judge at the request of the prosecutor must be presented.” The crime of trespassing is a component that guarantees the tranquility of an individual's residence so that the freedom of residence stipulated by the Constitution is not violated. For this purpose, in order to form smooth relationships with various beings in society as a social being, human beings must be guaranteed that their private space is protected and that they can live peacefully without external intrusion. To this end, first, I would like to review the contents of the Supreme Court precedent on the crime of trespassing. Second, the current status of punishment for trespassing is reviewed through a comparative review of foreign laws on trespassing. Third, we examine the legal benefits of protection against trespassing. Fourth, the criteria for judging the crime of trespassing are reviewed. Lastly, based on the discussion so far, I would like to suggest the direction of the legislation on the punishment for trespassing. Results: The starting point of the discussion of the crime of trespassing lies in the interpretation of the interests of protection. The representative theories are the claim of ‘housing rights’ and ‘the theory of defacto serenity’, but precedents adopt the doctrine of the theory of defacto serenity. As for the degree of protection for the crime of trespassing, the crime of danger and the crime of infringement are opposed to each other. The interpretation of these precedents shows a lot of changes in the protection and interest of the crime of trespassing, the meaning of the infringement, the timing of the commencement of execution, and the timing of implementation. Conclusion: The reason for the existence of the crime of trespass is an indispensable prerequisite for the pursuit of happiness and the enjoyment of human dignity and value through the tranquility of private life. However, there are many cases where the crime of trespassing is applied and abused for other purposes rather than contributing to the protection of personal privacy, which is the original purpose, and a logical solution should be sought for its interpretation. Therefore, it is necessary to explore the legislative direction by analyzing the decision of the Supreme Court of the Supreme Court on the crime of trespassing.
    Keyword:Residential Trespass, De Facto Serenity Theory, Right of Residence, Privacy Protection, Trespassing
  • Purpose: The purpose of this study was to examine and understand the structural relationship between environmental awareness level, clean beauty cosmetics awareness, and repurchase behavior among Generation MZ, and investigate the regulating effect of consumer responsibility perception. Recently, as the consumers' interest in environmental protection has grown, it was intended to help the development of new products of clean beauty and the development of the cosmetics market, which is emerging as a new trend, thereby providing the basic data to consumers and fans of future marketing strategies. Method: For the subject of this study, it was intended to use the SPSS 25.0, AMOS 22.0 program for 523 copies of online questionnaires in Seoul, Gyeonggi, Incheon areas and non-metropolitan area to verify the research question for Generation MZ who have purchased clean beauty cosmetics at least once and analyzed them. The exploratory factor analysis and reliability analysis were performed to secure the validity and reliability of the scale, and the Pearson correlation analysis was performed to confirm the correlation between major variables. The regulating effect analysis was performed through path analysis, and a multi-group comparative path analysis was performed to confirm the regulating effect. Results: As a result of the analysis performed, the level of environmental awareness had a positively significant effect on the perception of clean beauty cosmetics(𝛽=.492, p<.001) and intention to repurchase(𝛽=.086, p<.05), while the clean beauty cosmetic perception also had a positively significant effect on the repurchase behavior and intention(𝛽=.651, p<.001). That is, the higher the level of environmental awareness, the higher the level of awareness and repurchase behavior for clean beauty cosmetics. In particular, the level of environmental awareness was found to be a factor that can increase the intention to repurchase by raising the level of awareness of clean beauty cosmetics. Conclusion: Based on the results of this study, it turned out that the higher the environmental awareness level, the higher the level of awareness of clean beauty cosmetics or the level of repurchase behavior. It is meaningful for identifying the preferences of Generation MZ in the clean beauty cosmetics market, which has been gradually expanding since COVID-19, and presenting products and effective marketing strategies accordingly.
    Keyword:Generation MZ, Environmental Awareness, Clean Beauty Cosmetics, Repurchase Behavior, Consumer Responsibility Related Perception
  • Purpose: The purpose of this study is to understand the effect of police force on crime. To discuss in more detail, it is intended to understand the change in the number of crimes caused by the police's new police box. Among the various variables that measure police force, police substations such as police constabulary and police box are important variables. In particular, if the police force is improved through the opening of a new police box, crime suppressive effects are also expected to increase. Therefore, the purpose of this study is to compare the difference between the number of theft and violent crimes caused by the police's new police box. Method: The data used in this study are data on theft and violence in a city of 500,000 people located in Gyeongsangbukdo region. More specifically, a specific administrative dong(Gupyeong-dong in Gumi City) of the city are subject to analysis. Data for a total of 39 months from 2012(January) to 2015(May) were analyzed. More specifically, this study compared and analyzed the number of thefts and violent crimes that occurred before and after the opening of the police box in October 2013. In this study, a T-test was attempted for average comparison. Results: As a result of statistical analysis, it was confirmed that the police force has the ability to suppress crimes in this study. In many existing police studies, it is understood that the police force has a positive or meaningless effect on crime. In addition, few previous studies have identified the relationship between the establishment of new police substations and crime. Conclusion: Through this study, it is an important result showing that the establishment of a new police box by the police has a suppressive effect on crime. As shown in this study, it can be seen that the newly established police box statistically significantly reduced theft and violent crime. In other words, police forces have reduced crime. This result is important evidence to support the discussion of existing classical criminology and neoclassical criminology. The theory of inhibition developed in classical criminology is understood as an important mechanism by which police can suppress criminals. In particular, it is understood that the establishment of a police box has in-creased the fear of punishment for criminals. In addition, based on neoclassical criminology, it is understood that the establishment of a police box would have worked to strengthen surveillance and increase the risk of punish-ment. Based on the results of this study, more policy discussions should be held to maximize the effect of reducing and inhibiting crime opportunities by establishing more small police boxes than large-scale police substations.
    Keyword:Police Box, Police Forces, Policing, Crime, Deterrence
  • Purpose: With the focus on Jean Rhys's Wide Sargasso Sea, the author shows how women were possessed by men as objects, what was expected of women as men's property, and the punishment imposed on women who do not meet those expectations in the Victorian era. Following the Industrial Revolution, women also had a desire to live by choosing what they wanted with their own free will, not as the property of men, but society only gave them the role of the angels in the house obeying men and taking care of the family and if this expectation is not met, they were portrayed as madwomen and discarded by men. Method: First, it will be discussed how women at the time, represented as Annette and Antoinette, married men as objects, and what men expected of women as wives. Second, it will be discussed how women were punished when they did not act as submissive wives deviating from what the society of the time expected of women, such as yelling, swearing, drinking, or expressing sexual desire; and why they were treated as madwomen and imprisoned like Annette and Antoinette who were chosen and later discarded by Mason and Rochester. Third, it will be examined how Annette and Antoinette discarded by Mason and Rochester were judged as madwomen and imprisoned, and how they were punished for behavior beyond what the society of the time expected of women. Results: Annette shouted, criticized, and ridiculed Mason when her son died because Mason ignored her thought of leaving Coulibri. In return, she was sexually harassed by black people; her daughter Antoinette was portrayed as a madwoman to an extent that she even thought, 'This is not my mother'; and Antoinette was portrayed as a madwoman who laughed out loud like crazy and hit stones with her fists for the reason that she ex-pressed her sexual desire and lost her chastity before marriage, and were imprisoned by Mason and Rochester respectively. Conclusion: Victorian English society made women men’s property and never tolerated women who were not obedient to men or invaded men's domains and tried to dominate them. Seeing that the thoughts, desires, and wills of women at that time represented as Annette and Antoinette through the “Wide Sargasso Sea”, the author thinks that even in our present day, it is worth considering whether our society make someone's thoughts, desires, and will crazy and punish them for reasons of order maintenance or public interest.
    Keyword:Wide Sargasso Sea, Regulations, Violations, Punishment, Women
  • Purpose: The purpose of this study aims to find the way in which policy implementation structure is established to support social enterprise applicants. Together with it, the study proposes the social innovative measures of the social enterprise certification program based on bureaucratic administration through the discovery of social values. Methods: The article examines public data on social enterprise certification from 2007 to 2022 and interviews with the stakeholders in social enterprise by utilizing Enroljas’ mimetic institutional isomorphism that focuses on the system, actors, and the interaction among actors as variables. Chapter 2 discusses social enterprise, administrative decentralization, social value and social innovation. Chapter 3 conducts an institutional analysis of the certification support administrative system. Chapter 4 undertakes an institutional analysis of the designation sup-port administrative system. Chapter 5 pinpoints the limitation of the certification in the realization of social value, suggest the social purpose company as innovation, and compares the independent legal entity of social enterprise between Korea, UK and US. Results: The certification and designation system are operated by the dual management mode of administrative organization and intermediate organization. The policy implementation structure consist of vertical structure between administrative organizations and horizontal structure between administrative ones and intermediary. The certification system suppresses the realization of the social value of social enterprises and experiences the organizational identification. Conclusion: The independent legal entity of social enterprises is an institutional innovation instead of bureaucratic certification program. This outcome is confirmed by comparing the institutions of social enterprise legal entities in the United States and the United Kingdom.
    Keyword:Social Enterprise, Certification, Designation, Social Value, Social Innovation