일본에서의 수사·공판협력형 협의·합의제도(搜査, 公判協力型 協議, 合意制度)와 형사면책제도(刑事免責制度) 도입에 관한 소고(小考)

박종순(Park Jong Soon) 대검찰청 2016 형사법의 신동향 Vol.0 No.51

일본 정부는 2015년 봄 국회에 수사·공판협력형 협의·합의제도(搜査･公判協力型協議･合意制度)와 형사면책제도(刑事免責制度) 등을 포함한 형사사법개혁 관련 법안을 제출하였다. 여기에서 수사·공판협력형 협의·합의제도는 수사·기소·공판을 포함한 형사사건의 처리 절차에서 피의자·피고인이 타인의 범죄사실을 규명하는 데 협력하고 그에 대한 대가로 검사로부터 일정한 은전을 받는 피의자·피고인과 검사 사이의 협의와 합의를 하는 제도이다. 또 형사면책제도는 공범 등 일부의 자에게 형사책임을 묻지않기로 하고 그가 갖고 있는 자기부죄거부특권(自己負罪拒否特權)을 상실하게 한 뒤 강제로 진술을 하게 하여 다른 사람에 대한 유죄의 증거로 사용하는 제도이다. 2015년 여름 위 형사사법개혁 관련 법안은 일본 중의원에서 통과되었으나 참의원에서는 심의시간을 확보하지 못해 보류되었다. 그 후 2016년 4월 참의원은 위 법안에 대한 심의를 다시 시작하였고 조만간 위 형사사법개혁 관련 법안이 통과될 것으로 예상된다. 한편, 최근 우리 언론 보도에 따르면 우리 검찰이 「내부증언자 형사면책제도」의 도입을 신중히 검토하고 있다고 한다. 여기에서 「내부증언자 형사면책제도」는 조직폭력이나 기업 부패처럼 조직적인 범죄에 가담한 내부자가 자백이나 증언을 할 경우 형사책임을 줄여주는 제도인데 최근 수사 여건이 갈수록 열악해지고 있는 반면 범죄는 다양화·첨단화하고 있으므로 조직범죄 등에 효과적으로 대처하기 위해 이 제도의 도입이 필요한 상황이라고 한다. 언론에서 보도한 「내부증언자 형사면책제도」가 구체적으로 어떠한 것인지 지금으로서는 단정하기 어렵지만 이는 2011년 정부가 심의·의결한 내부증언자 형벌감면·소추면제제도와 거의 비슷한 제도인 것 같다. 그리고 이것은 일본의 수사·공판협력형 협의·합의제도와 유사한 것으로 보인다. 앞으로 우리나라에서 「내부증언자 형사면책제도」의 도입에 대한 논의가 본격적으로 이루어진다면 현재 일본 국회에서 심의 중인 수사·공판협력형 협의·합의제도와 형사면책제도에 관한 논의상황 등이 참고가 될 것 같다. 왜냐하면 일본의 수사·공판협력형협의·합의제도 및 형사면책제도나 우리 검찰이 검토 중인 「내부증언자 형사면책제도」는 증거수집 수단을 적정화·다양화하기 위한 제도라는 점에서는 같기 때문이다. 장차 「내부증언자 형사면책제도」의 도입에 관한 논의가 본격적으로 시작될 때 이 실무 자료가 조금이나마 도움이 되었으면 한다. In the spring of 2015, the government of Japan submitted a bill related to the criminal justice reform which included investigation·trial collaborative consultation·agreement system and the criminal immunity system. The investigation·trial collaborative consultation·agreement system is an arrangement between the suspect･accused and the prosecutor during the criminal procedure of investigation and prosecution hearings where the suspect·accused cooperate in the investigation of facts and thus, in return, obtain certain favor from the prosecutor. The criminal immunity system is where a certain person, such as an accomplice, waives the right against self-incrimination in exchange for immunity from criminal liability and gives a testimony to be used as an evidence of guilt against the other person. In the summer of 2015, the aforementioned bill relating to criminal justice reform was passed by the House of Representatives but was shelved by the House of Councilors at the time as deliberations were unsecured. Afterwards, in April 2016, the House of Councilors resumed the deliberation for the bill and therefore, it is anticipated that the bill may be passed very soon. In the meantime, according to a recent report in Korea, the prosecution is undergoing serious consideration to adopt the inside witness criminal immunity system. The inside witness criminal immunity system is where criminal liability of an inside person engaged in an organized crime, such as organized violence and corporate corruption, is reduced if he/she makes a confession or testimony about these crimes. As the present conditions for investigation are getting worse, whereas crimes are diversifying and advancing in different forms, we are in a situation where this system should be adopted in order to effectively cope with such organized crimes. Although it is early to define exactly what the inside witness immunity system reported by the press is, the system seems to be similar to the inside witness penalty reduction system and the prosecution immunity system which were deliberated and passed by the Korean Government in 2011. Furthermore, it also seems to be similar to the investigation･trial collaborative consultation･agreement system in Japan. If the discussion on the introduction of the inside witness criminal immunity system is seriously considered, we should refer to the present circumstances of the investigation·trial collaborative consultation·agreement system and the criminal immunity system currently being deliberated by the congress in Japan. This is because these systems are the same with the inside witness criminal immunity system that the Korean prosecution is reviewing in that they both rationalize and diversify the means of collecting evidence. I hope that this material may be useful some day when discussions on the introduction of the inside witness criminal immunity system begins to take place in earnest.

『속동문선(續東文選)』에 선재(選載)된 홍귀달(洪貴達)의 한시(漢詩) 일고(一考)

박종순 ( Park Jong-soon ) 근역한문학회 2016 한문학논집 Vol.45 No.-

This paper is one of the process to study Chinese poems of Heobaekjeong (虛白亭) Hong, Gui-dal(洪貴達, 1438~1504) who is one of writers in the Joseon Dynasty period. The purpose of the paper is to analyze and criticize Chinese poems by Hong, Gui-dal called 『Sokdongmunseon(續東文選)』 in a literary anthology in the early years in the Joseon Dynasty period by using it as the text. There had been a literary anthology of vast scope called 『Dongmunseon (東文選)』 which collected poems and sentences by writers from the period of the Three States to the early years of the Joseon Dynasty period in the Seongjong (成宗) years. 40 years later, Jungjong (中宗) ordered his servants to compile 『Sokdongmunseon(續東文選)』 by collecting writers` works of art. The compilation of this anthology masked some political intentions. Jungjong made the compilers sort writers focusing on works of art by traditional Sarim School (士林派) to make Confucianism (儒敎) an ideology for governing the country and spread it. So many students of Kim, Jong-jik (金宗直) who was the reader of Sarim School then got to participate in the compilation of this book. 25 poems with 21 titles by Hong, Gui-dal were included here. The fact that so many poems by him are listed in this book proves and explains as follow. First, Hong, Gui-dal was one of the poets who represented this period. Second, his Chinese poems made very high literary accomplishments. Third, he was one of Sarim School, the leading force in the Joseon Dynasty period. Literary consideration of his poems that are intended to study in this paper can be divided into recollection of candid mind, lyricism of a journey to Beijing (燕行), sigh of a person who are exiled to an island, sentiments shown in intercourse poems and donation poem, and thoughts through sightseeing. Hong, Gui-dal`s Chinese poems can be efforts of the early stage to complete Korean Chinese poems. Many noticeable poets had appeared in the world of poetry in the early years of the Joseon Dynasty period. However, Korean Chinese poem`s characteristics had not been yet established. As Hong, Gui-dal appeared in this period and gave full play to his creative capability, it can be judged that Joseon Chinese poems` real worth started to be built.

우리나라에서 경제성장률과 실업률이 자살률에 미치는 영향

박종순,이준영,김순덕,Park, Jong-Soon,Lee, June-Young,Kim, Soon-Duck 대한예방의학회 2003 예방의학회지 Vol.36 No.1

Objectives : We investigated the effects of the economic growth and unemployment rates on the suicide rate in Korea, between 1983 and 2000, using a time-series regression model. The purpose of this study was to model and test the magnitude of the rate of suicide, with the Korean unemployment rate and GDP. Methods : Using suicide rate per 100,000 Koreans and the unemployment rates between 1983 and 2000, as published by the Korea National Statistical Office, and the rate of fluctuation of the Korean GDP (Gross Domestic Product), as provided by the Bank of Korea, as an index of the economic growth rate, a time-series regression analysis, with a first-order autoregressive regression model, was peformed. Results : An 81.5% of the variability in the suicide rate was explained by GDP, and 82.6% Of that was explained by the unemployment rate. It was also observed that the GDP negatively correlated with the suicide rate, while the unemployment and suicide rates were positively correlated. For subjects aged over 20, both the GDP and unemployment rate were found to be a significant factors in explaining suicide rates, with coefficients of determination of 86.5 and 87.9%, respectively. For subjects aged under 20, however, only the GDP was found to be a significant factor in explaning suicide rates (the coefficient of determination is 38.4%). Conclusion : It was found that the suicide rate was closely related to the National's economic status of Korea, which is similar to the results found in studies in other countries. We expected, therefore, that this study could be used as the basis for further suicide-related studies.

메뉴 구조의 평가 방법론으로서 활성화 확산 모델의 타당성 검증: Eye-Tracking 접근 방법

박종순,명노해,Park, Jong-Soon,Myung, Ro-Hae 대한인간공학회 2007 대한인간공학회지 Vol.26 No.2

This study was designed to validate Spreading Activation Theory (SAT) for an evaluation methodology for menu structure through Eye-Tracking approach. When a visual search is on the way, more eye fixations and time are necessary to visually process complex and vague area. From the aspect of recognition, well-designed menu structures were hypothesized to have fewer numbers of fixations and shorter duration because well-designed menu structures reflecting the users' mental model would be well matched with the product's menu structure, resulting in reducing the number of fixations and duration time. The results show that the shorter reaction times for SAT had significantly fewer numbers of fixation and shorter duration time as the hypothesis for this study stated. In conclusion, SAT was proved to be an effective evaluation methodology for menu structure with the eye tracking equipment. In addition, using SAT instead of the real performance experiment would be useful for designing user-centered systems and convenient information structures because SAT was proven to be the theoretical background for design and evaluation of menu structures.

인터넷 쇼핑몰에서 충동구매에 미치는 영향요인에 관한 연구: 브라우징의 매개를 중심으로

박종순,이종만,Park, Jong-Soon,Lee, Jong-Man 한국디지털정책학회 2008 디지털융복합연구 Vol.6 No.1

In situation of rapid growth of internet shopping recently, impulse purchase of customer is being appeared social problem, specially college student customers. The Purpose of this study was empirically examine the factors affecting customer impulsiveness buying in the internet shopping mall. The data were collected via a self-administered questionnaire from 298 male and female students who have shopping experience on the internet shopping mall, living in Seoul and Kyoungnam province. The major finding of this study are summarized as follows. First, the characteristics of internet shopper(search tendency) and impulsiveness buying has significant relationships. Second, the characteristics of internet shopping mall(convenience, marketing stimulus) had influence on customer's impulse purchase behavior.

GIS를 활용한 생활권 설정에 관한 연구

박종순(Jong-Soon Park),신우화(Woo-Hwa Shin),류형철(Hyung-Cheal Ryu) 한국도시행정학회 2011 도시 행정 학보 Vol.24 No.2

The purpose of this study is to determine and verify the neighborhoods of Dalseung-Gun, one of the local authorities of the Daegu metropolitan city in South-Korea, on the basis of the concept of accessibility to urban amenities. In order to achieve the purpose (1) the first is to select a number of facilities which are frequently used by citizens, (2) the second is to determine the catchment areas, and (3) finally it verifies them using direct questionaries. As a result, it shows that the method effectively delineates the catchment areas as 92.9, 30.2, and 33.3 per cent of the local people utilizes post offices, banks and middle schools, respectively, within a corresponding catchment area. Therefore, it can be said that the neighborhoods can be effectively derived from the concept of accessibility to the public service. It is worthy noting that this study paves a new way of determining catchment areas which are fundamental to urban planning at local level. Furthermore, the study reveals that the post office is a dominant factor which determines neighborhoods.

제품지각에 따른 소비자의 웹사이트 태도에 관한 연구

박종순(Jong-Soon Park) 한국산업정보학회 2003 한국산업정보학회논문지 Vol.8 No.1

권한상속제한 역할계층을 이용한 역할기반 위임 모델

박종순(Jong-Soon Park),이영록(Young-Lok Lee),이형효(Hyung-Hyo Lee),노봉남(Bong-Nam Noh),조상래(Sang-Rae Cho) 한국정보보호학회 2003 정보보호학회논문지 Vol.13 No.4

터널 굴착시 작업현장의 분진농도 실태조사

박종순 ( Jong Soon Park ),안대현 ( Dae Hyun An ),심명진 ( Myeong Jin Shim ),정지승 ( Ji Seung Jung ),유진오 ( Jin O You ),엄명헌 ( Myeong Heon Um ),김재용 ( Jae Yong Kim ) 한국공업화학회 2007 공업화학 Vol.18 No.2

대학생 문제음주에 영향을 미치는 요인에 관한 연구

박종순(Jong Soon Park) 대한보건협회 2000 대한보건연구 Vol.26 No.4

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