警察의 犯罪被害者 政策에 관한 硏究

김성식 忠南大學校 大學院 2016 국내박사

The police have so far of wrongdoing by an ex post facto and have been passively. But now should change the paradigm with a positive manner to prevent danger in advance. Also, the victim protection system is to be rebuilt in order to innovate the investigation systems of the national centre. Further of security felt by the people and police should be a greater effort to enhance. The victims of police protection policy is ultimately made people can understand and to trust the police, and to further develop, therefore more attention and efforts should be. Crime victim is due to economic, physical and mental damage to experience the crime, and may experience a secondary damage in the process. Accordingly, police's policies for victims to establish the legal status of and recovery shall be carried out. The police need legislation, explicit basis in order to implement policies for victims. But the reality is that being operated in accordance with instructions. In order to protect victims more systematically, 「Police Act」 and 「Act on enforcement function of a policeman」 stipulates the victim protection as police mission, should be to provide a basis for developing policies. And the victim protection measures to formulate the national police agency statement on the government offices responsible for 「Crime Victim Protection Act」 and 「Crime Victim Protection Fund Act」 should be revised. In addition, the crime victim protection should organize the execution system in order to actively support the policy. The police must clearly to the separation of department as well as the corresponding responsibilities. And they need to establish a department responsible for the protection of the work in order to shall be the deployment of coordination with related agencies. Also, victim mentality professional staff and ONE-STOP Support Center which conduct business and the protection of crime victim need to activate Revitalization of the police to protect victims more effectively if you show as follows : First, the sitting in company that guy in bond of trust should be strengthened. In order to prevent secondary damages, in principle, must to warrant the sitting in company that guy in bond of trust, and to expanded a mandatory scope of the sitting in company. Second, the victim shall be subjected to investigation in a statement on better environment, and to be run as a system, and video recording also be activated. For this purpose, the specific criteria and methodologies more clearly in a video recording is required. Only so, the video recording of the independent work can be accepted as evidence. Third, providing evidence and procedure of the information provided for victims of the police should clearly set out in the Criminal Procedure Law. The customized information system shall be mounted to be optimized for the type of damage and the areas inhabited by a victim. Fourth, the subject of safety measures and increasing the details with the requirements prescribed in detail the substantive to promote the safety in use of equipment, technology is more shall be strengthened. Fifth, to be participated the victims in the active process, the Statements Assistance System and the defense system of victims shall be more active. Sixth, and the seizure and search for victims should be improved. That is the right to apply for temporary restoration and seizure products from storage fees for the advance notice and shall establish a new regulation on to collect the affected items. Seventh, for an arbitration rights of the victims, have recognized the rights to be able to can read the document under investigation. Finally, the police had better public relations activities for victim protection system, as well as by the destroyer shall be strengthened because of there is a victim of police protection is a certain limit system linkages with relevant organizations.

배상명령제도에 관한 연구

김정순 忠南大學校 大學院 2015 국내박사

Until criminal justice would be done, victim should watch and wait eagerly and silently. While all the victim watched and experienced the criminal process, the Second Harm, that is, harm in doing criminal trail, would mean seriously to them than the Frist Harm, that is, harm directly from crimes. Or, as criminal trial ended, the Third Harm, that is, harm from their society, happened severely. Victims of crime are always miserable as criminal justice is doing. Harms that victims are getting in criminal justice are physical harms, mental harms, economic harms in a material way. If these harms from the crimes would be getting decreased and getting well through quick restitution, some part of their harms would be dissipated. So, with meaning above mentioned, restitution order could play an important role in korean criminal justice and complement the victim-offender mediation and dialogue(criminal reconciliation). Though restitution order came in criminal justice in 1981 with the view of protection of victim and quick recovery of harm, some criticisms in operating the legal systems have been brought up as next. In the structure of judicature, it is impossible that restitution as a civil remedy could be considered in doing criminal justice. Proving the truth, degrees of proving and relation between crime and harm are different between civil justice and criminal justice. Also, amount of restitution could be different. In the issue of concerned parties, criminal justice’s parties are nation vs. person but civil justice’s parties are person vs. person. The principle of equality of arms cannot apply for this. And restitution order could be run and could be effective only if the offender was captured and sued in criminal justice. Also, it is difficult for victim to prove the offense and harm, its relation, limit of restitution range, offender’s financial condition in doing sue. In despite of these criticisms, for the spirit of victim’s damage relief, some measures and improvements could be suggested. First, the object of restitution order should be expanded. The object of restitution should enlarge to ‘all crimes’like U.S. legislation and Germany legislation, or ‘all crimes related death, harm, loss or related’like U.K. legislation. In criminal justice system in Korea, it is needed like U.K.’s legislation because of many benefits of applying with composure in object of restitution. And the range of harm and loss could be widen to the loss related directly from crimes and cost of physical cure, mental cure, rehabilitation cure, daily loss, funeral, move, bereavement. Second, for the vitalization of restitution, investigation agency’s compulsory explanation should be systematized and fulfilled. And attorney of victim should be guaranteed too. Like victim aid systems, there should be a detailed explanation for victim to be helped by related restitution order systems. Specially, the police, in investigating the criminal case, need to explain the victim’s rights and the information for victims aided by act on restitution order. Also, for fear that victim experience the Second Harm, and for the victim’s rights, victim attorney should be guaranteed. In the restitution process, victim can easily subscribe the restitution order, and estimate the physical loss, mental loss and so on, and reach an agreement with the offender. As a subject of criminal justice, the court and investigation agency can lighten the burden, if victim can be aided by attorney. Third, for the actual effect of restitution order, offender’s property notification duty should systemized in legal system. And court should have a restitution priority to monetary penalty. By doing this, victim could be protected more. Or when the judges dismiss the application of restitution, they should clarify the reason of dismiss. Fourth, based on restorative criminal justice, restitution order system should do settle the conflicts from the crimes and accomplished the social unification. In conclusion, if some suggestion above mentioned could construct the frame of restitution order, victim could be more protected and victim’s status could be guaranteed and victims could be more aided by quick restitution. Also, social conflicts from crimes could be easily and quickly resolved. 현행, 소송촉진등에 관한 법률에 규정하고 있는 배상명령제도가 범죄피해자 보호 측면에서 갖는 한계와 문제점에 대하여 고찰하고, 주요 국가의 입법례를 바탕으로 합리적인 운용 방안을 모색

소년사범에 있어 회복적 사법에 관한 연구

윤종걸 충남대학교 대학원 2008 국내석사

刑事調停制度의 實效化 方案

윤종걸 忠南大學校 大學院 2015 국내박사

回復的 司法과 學校暴力 對應에 관한 硏究

정영훈 忠南大學校 2015 국내박사

産業技術侵害行爲에 대한 刑事法的 規制에 관한 硏究

강구 충남대학교 대학원 2012 국내박사

This thesis paper is consider the fair criminal countermeasures to do justice the Industrial Espionage and to protect Industrial Technology. Industrial Espionage is to violate the "Unfair Competition Prevention and Trade Secret Protection Act" and the "Industrial Technology Drain Prevention Act" and its characteristic is "Organized", "Intelligent", "Professional", "Unrevealed". In recently, the more the Industrial Espionage increased consistently, the more the loss and victim of the crime began to rise Nowadays, to protect the Industrial Technology, the "Unfair Competition Prevention and Trade Secret Protection Act" and the "Industrial Technology Drain Prevention Act" were enacted. The Former widen, Industrial Technology, the object of protection, from Trade Secret, which is intensified only in the Latter and the range of the protection of civil's Technology, Information, to industrial technology, national industrial secret. The Latter has the requirements of trade secret, but the Former is to determine the industrial technology. These measures is to solve the problems of Abstractness of Trade Secret, and Authorities themselves is to define the Industrial Technology and National Industrial Secret, and to designate the Industrial Technology and National Industrial Secret. However, there are some problems in the "Unfair Competition Prevention and Trade Secret Protection Act" and the "Industrial Technology Drain Prevention Act". First, to guarantee the Effective Improvement of Criminal Justice, the object of protection, Trade Secret, National Industrial Technology should be defined according to Clearness of the Principle of Legality. In addition, the Theft is to be revised "Acquisition without Authority". Second, it should be modified according with Unlawfulness and Responsibility and departmentalized the Subject of Actor and Types of Act. Third, to prevent the extension of Criminal Justice and to guarantee the effectiveness of Criminal Justice, "Acquisition" should be decriminalized and Crime Reserve and Conspiracy should be criminalize and punished. Fourth, it should be reduced the range of Penalty of Negligency, or it should be replace Punishment with Administration Punishment. To guarantee the Effectiveness of Criminal Justice, the Examination of Offense is to be introduced, Multiple Fine is to modified, Fine is to deleted. And Fine is to arranged according with Industries and their crimes, Forfeiture is arranged to the character of Industrial Technology. To prevent the Industrial Espionage in advance the surrender's penalty should be reduced. In addition, to prevent the leakage of Industrial Technology and to restore the loss of Industrial Espionage, the new criminal procedure system is to be designed. The Secret of Statement and Hearing, the Order of Keeping Secret, Prevention of Reading of Procedure Materials, the Extension of Secret Keeper are needed. It is needed to combine the "Unfair Competition Prevention and Trade Secret Protection Act" and the "Industrial Technology Drain Prevention Act" and it should be legislated the Restrictions of M&A. Expert investigation systems should be operated to do effectiveness of investigation.

通信秘密保護法上의 監聽에 관한 硏究

노현석 충남대학교 대학원 2007 국내석사

Each Country throughout the world needs to find a scientific investigation in case of a sophisticated crime. For example, 'The monitoring on Telecommunications Security Protection Act' which enables to make a scientific investigation was enacted in South Korea. The monitoring is an act that potentially infringes an one's fundamental right. Hence, I found the concept and legitimacy of a monitoring on a legal basis. In addition, I researched the problems of the present system and existing, then reforms. Most studies have been researched by investigating literature which is on a basis of analytical law methodology. It's true that the monitoring system is necessary to prevent crime, arrest criminals, execute penalties and so on. On the other hand, it always implies strong possibility to disturb one's freedom and right. Furthermore, it's much more serious that one doesn't perceive infringes his or her fundamental right about the telecommunications secret. Therefore, it is necessary that we need to perceive the current management objectively and find ways to reform its problems. It will contribute to prevention of one's freedom and right restriction if matter should occur from now on. Expecting a demand to reform the telecommunications security protection act, I anticipate taking an important role when we are discussing.

범죄피해자를 위한 권익보호제도의 실효화 방안 연구 : 특히 범죄피해자 참가제도 및 피해자 조력제도를 중심으로

정훈진 忠南大學校 大學院 2014 국내박사

Protection and support of crime victim is an unavoidable assignment of time. In the midst of such current of time, history of victim support in our country has entered into a period of growth. Law enforcement agencies, prosecutors, corrections agencies, social, services agencies, and the courts shall make every reasonable effort to ensure that victims of crimes have such rights. All sections of the criminal justice process must ensure that the process of dealing with the offender should not increase the distress or add to the problems of victims of crime in secondary victimization. It was just over 20 years ago that the victim who had been seen as the forgotten man in criminal justice system for a long time started to participate in criminal proceedings and state his opinion. Other countries such as America and Japan provide crime victims with the opportunity to state freely about facts of damage as well as their opinions in criminal proceedings at present. However, Korea gives the victim the right of statement as a witness, though the statement of crime victim’s opinion is the constitutional right. The Art. 27(5) of the Constitution in Korea stipulates the rights of victims such as crime victim's right to statement. The criminal procedure law as well has expanded the system to protect victims in criminal procedures as well as opportunities for victims to participate in such criminal procedures. Also most measures to protect and support criminal victims in Korea are concerned for certain crimes like sexual offence, domestic violence, sex trafficking, etc. that might frequently produce female victims. And even measures for protection and support for such victims themselves have suffered from financial deficiency and lack of professional manpower. It has been discussed that the Victim, excluded as bystander or the forgotten in criminal justice, could be treated the subject or could participate in the criminal justice. This phenomenon means that guarantee of human rights in crime victim, restoration of the loss, finding of substantial truths and so on are estimated as criminal policies change in paradigm. In Korea’s criminal justice system, to guarantee the victim’s participation in criminal process, the right of accusation, demand of judgement, the right of to be informed, victim statement of opinion are acknowledged, but the victim are still treated the object of the criminal justice, not the party of criminal justice, not a subject of criminal justice. Victim’s participation in criminal justice in U.S.A., Germany and Japan is acknowledged from police investigation, criminal trial to execution of punishment by means of Private Accusation, Conference of Prosecutor, Subsidiary Prosecution, Victim’s Participation, Victim Attorney, Victim Statement of Opinion on Probation and so on. To compare the countries’ systems mentioned above and Korea’s, victim in criminal justice system is not still enough existence as a subject in criminal process but a bystander. It is very important that conversion of awareness on victim of investigation authorities, judge, attorney, and effort of legislation for victim’s substantial participation in criminal justice. Accordingly, The perception of government or local government has also significantly changed on victim support. Then the foundation of legislative support has also been prepared even though not at satisfactory level. But, It is now necessary to improve and advance areas of improvement while further reinforcing victim support. Although, in addition to monetary compensation in practical terms, various approaches for aid are needed to recover the loss of victims, it can not be a realistic solution to completely rely on the state for such measures since tremendous amount of money is needed and large scale of manpower, organization and financing must be mobilized to that end. I examined the defender system for crime victims and suggested it’s improvement measures as ways to overcome the problems of the current defender system for victims. First, the right of to be informed, a basic premise for victims participation in criminal process, should be the compulsory statutes in all criminal justice authorities, and Criminal Procedure Law should be revised to verify contents of investigation and objects of investigation. Second, to guarantee aggressively the victim participation in criminal process, some institutional equipment should be ready that victim statement in independent process and written statement, statement by authorities rights, reorganization of limitations of victim statement, victim statement on suspension of execution of custody, victim statement of opinion on probation. Third, as a premise to guarantee the victim’s participation, it should be considered that all the regulations for victim’s information and affairs should be regulated in criminal procedure law. Or statement attorney vitalization and sitting with relier should be strengthened. Fourth, it is desirable that Korea, like the U.S. and Japan, gives crime victims the right to state their opinion without fear of perjury in criminal proceedings not as witnesses but as the aggrieved party. Fifth, Criminal Procedure Law needs to be revised by means of reducing the punishments or halting the criminal process when victim-offender mediation or criminal reconciliation comes into existence. Sixth, Restitution System should be expanded in a rational target crime. Seventh, Victim's Participation in criminal process should be introduced, reconsidering the revised bills. Victim's participation should include the indictment after demand of judgement, and revise the participation process that prosecutors are leading, and reorganize the right of victim. Eighth, Victim attorney should be introduced to make the victim assisted through criminal process, and court-appointed lawyer, which is carried narrowly, should be widened in all criminal process. From the legislative aspect related to criminal case procedure, it is necessary to modify redundant provisions related to support, stipulate the notification of victim's right, prevent secondary damage during investigation process, guarantee the right to receive attorney's assistance, protect victim's identity, etc. Related to support group, it is necessary to faithfully fulfill the obligations of national and local governments, provide swift protection and support, form national level network and activities, ensure the independence of private support groups, reinforce the expertise of support staff and provide stable compensation, ensure stable finance and provide reasonable financial support, strengthen promotion activities, alleviate the differences in crime victim support, etc.

철도교통에서의 범죄와 테러예방을 위한 보안검색의 효율적 시행방안에 관한 연구

김정욱 忠南大學校 特許法務大學院 2015 국내석사

학교폭력 예방을 위한 효율적인 경찰활동 방안

오정훈 충남대학교 교육대학원 2011 국내석사