공원범죄의 피해방지를 위한 합리적인 방안

박찬걸(Park, Chan-Keol) 한국피해자학회 2012 被害者學硏究 Vol.20 No.2

Before constructing parks, it's necessary to formulate plans in the direction of preventing crimes in advance, and follow-up management must be done after constructing the parks completely. If citizens are reluctant to use the parks because public safety is not guaranteed, the reason for being disappears. If the parks do not protect citizens from crimes, it would rather not exist than do harm to them. Rather, it is good policy. In this respect, the current system must be improved, which has no manual for crime prevention being confined to policy of increasing the number of parks. Through the government's expressing its firm will to secure public safety of parks by enacting clear provisions so that the original good will is not distorted to make resting places for citizens, a recognition that illegal acts which make others anxious are punished necessarily must be instilled into park users while taking a sound rest is protected thoroughly. In addition, the police should do the patrols actively in order to prevent crimes in the parks and try to increase street lamps and security CCTV installation in collaboration with the agencies concerned including gu offices. However, it can be said the most important thing to prevent damage of the crimes in the parks is the very civic consciousness. We should keep it in mind that along with continuous efforts by the police and public organizations, a sense of ownership that 'I am the owner of the park' and mature civic consciousness to ‘care for the park like my house’ will make the parks safe without crimes.

공법 : 특정 성범죄자의 신상정보 활용제도의 문제점과 개선방안 -성범죄자 등록,고지,공개제도를 중심으로-

박찬걸 ( Chan Keol Park ) 한양대학교 법학연구소 2010 법학논총 Vol.27 No.4

Juvenile sex protection law recently amended releases through the Internet detailed information of sexual offenders(name, age, physical characteristics, photo, address) unlike the past releasing method. The Court determined to disclose of personal information on the sexual criminals for youth and notify their identities such as name, birth date, occupation, address(city, county and district) and crimes that have committed on the Ministry of Gender Equality and Family`s homepage. The National Assembly passed revised law related to prevention of sex offence against juvenile; revised law to strengthen the registration of sex offenders, to introduce the notification of sex offenders etc. But the present sanction to the sex offender is not enough to prevent the offence. So nationwide notification method must be amended in order not to violate the privacy of offenders and their family and we should devise a better system for the protection of human rights. Finally In order to prevent sexual exploitations and violences against juveniles, what is needed for diminishing sex offences is not to make new sort of treatment or sentence heavier punishment but to supplement the current system by making the analysis process more efficient.

랜덤채팅을 통한 청소년 성매매의 효과적인 대응방안

박찬걸 ( Park Chan-keol ) 한국소년정책학회 2017 소년보호연구 Vol.30 No.1

The majority of currently existing more than 700 random chatting applications are joinable without identification or adult authentication, and most of which have a structure that can be exposed to crime as input information does not go through a particular verification procedure. In addition, domestic laws require random chatting applications only to pass autonomous screening of the app store to be registered without any special report or permission, and it is very difficult to ascertain intermediation of prostitution and fact of agreement on the app, and designating as media harmful to juveniles is also not easy in reality, which leads to continuous comments that it is being neglected in the blind spot of crackdown, control and supervision. Taking such a present situation seriously, this manuscript aims to grasp the reality and seek countermeasures focusing on random chatting apps that are recently used as a main route of juvenile prostitution. For the foregoing, this study will first understand reality and characteristics of juvenile prostitution focusing on the present condition of crackdown of juvenile prostitution at the stage of police, disposition for juvenile prostitution at the stage or prosecution, main routes of juvenile prostitution and harmful consequences caused by the aforementioned, and will finish discussion seeking countermeasures against juvenile prostitution through random chatting through devising a method for blocking media harmful to juveniles etc., and analysis on the issues such as possibility of ban on the circulation of information alluding to·causing juvenile prostitution and application of a charge against lurer·recommendation of juvenile prostitution etc.

청소년성보호법상 ‘대상’ 아동·청소년을 ‘피해’ 아동·청소년으로 변경하는 입법안에 대한 비판적 고찰

박찬걸 ( Park Chan-keol ) 한국소년정책학회 2017 소년보호연구 Vol.30 No.4

As prostitution targeting children·adolescents who are in the phase when sexual values are being established has a high probability to make them have negative values of sex after growth or hinder their normal social life, the state and society are in duty to protect them more legally·institutionally. Especially, in the present reality that children·adolescents lacking in cognitive abilityㆍjudging abilityㆍdefense ability as compared to the adults are easily exposed to the risk of prostitution in the negative environment such as spread of internet and smart phone, sexual prematurity of adolescents, expansion of the trend of sexual openness etc., appropriateness to minimize wrongdoing of wrongdoing children·adolescents and maximize their damage can be created. Thus, the state and local governments are showing legislative movement to protect victimized children·adolescents faithfully from sex crimes and enable them to grown into healthy social members by abolishing regulations to place children·adolescents on protective disposition by including ‘children·adolescents’ who are the opposite party of prostitution as ‘victimized children·adolescents’ not as perpetrators, and establishing support centers for specialized and systematic support for victimized children·adolescents. The below will point out problems after examining the background and main contents of such legislation bill, and finish discussion by suggesting a measure to raise the age of statutory rape and give prominence to the damage of wrongdoing children·adolescents as a rational application plan of the concept of wrongdoing children·adolescents as alternatives.

의료재활소년원의 운영 현황 및 과제

박찬걸 ( Park Chan-geol ) 한국소년정책학회 2024 소년보호연구 Vol.37 No.2

Among the protected juvenile in general juvenile detention centers, juvenile who need more intensive treatment or specialized education due to problems such as drug abuse, mental and intellectual development disorders, and physical diseases continue to be at a certain level, with more than one-third of all protected juvenile. Nevertheless, there are only a few specialized facilities to solve this problem, so it is true that there is a limit to effective treatment. In addition, since Daejeon Juvenile Center serves not only as a medical rehabilitation education but also as an agent of the juvenile classification examiner, there is a limit to expecting treatment that meets the purpose of Disposition No. 7. Therefore, this study examines the disposition of No. 7, which is stipulated in the Protective Juvenile Act, the Guidelines for Educational Protection for Protected Juveniles, the Guidelines for Treatment of Protected Juveniles, and the Guidelines for Medical Care for Protected Juveniles. At the same time, the current status of the organization, extension of consignment, termination of consignment, entry and application status, age and gender status, status by disability, status by crime, and status of education will be reviewed. After that, we will come up with a reasonable improvement plan to seek an efficient therapeutic approach for protected juvenile.

아동대상 강력범죄 방지를 위한 최근의 입법에 대한 검토

박찬걸 ( Park Chan-keol ) 한국소년정책학회 2010 소년보호연구 Vol.14 No.-

Since occurrence of major crime like the Cho Doo-soon case and the Kim Gil-tae case, the legislature have endeavored to find better programs. Also, Electronic Monitoring System has been highlighted as a criminal sanction due to observed after execution of the sentence. In a related law is 'Act of electronic device attachment for tracking location of specific crime offenders' in 2008. Under the old law, Electronic Monitoring is used to monitor specific crime offenders after their release from prison as a general rule. The laws are intended to place together restrictions on convicted predators. Up-to-date, National Assembly has amended the 'Act of electronic device attachment for tracking location of specific crime offenders' in 4. 15. 2010. Specific crime offenders who were a suspended sentence or released on parole can be ordered to wear electronic ankle bracelets. But surveillance of sexual crime offenders with electronic device attachment has a problem with doublepunishment because they are controlled even after their sentence is up. Also one of the most significant legal issues regarding this legislation can undermine the basic principle banning retroactive punishment. In addition to, the National Assembly passed revised law related to prevention of major crime against juvenile; revised law to raise the level of regulation on sexual offenders, to revise the sentencing guidelines of sex crime, to suspend the statute of limitations etc.

청소년비행예방센터의 효율적인 운영방안 - 관련 법령의 정비방안을 중심으로 -

박찬걸 ( Park Chan-keol ) 한국소년정책학회 2012 소년보호연구 Vol.19 No.-

It is most desirable to have comprehensive stipulations related to the task, jurisdiction and organization in the Law for the Treatment of Protected Juvenile like other juvenile protection agencies and define more concrete matters in the lower enforcement regulation in detail. The reason is that, if the upper law would have excessively detail stipulation, it can cause unreasonable consequence such as difficulty in new project execution or the law would be limited to the stipulated project only. Especially, matters like operation of various programs that other juvenile protection agencies do not enforce such as Daily Experience or Family Solution Camp should have their legal base in the lower enforcement regulation. At the same time, the Juvenile Law should also have stipulations on Juvenile Misdemeanors Prevention Center in parallel with Youth Detention Center and Juvenile Protection Education Institution. In consideration of above, it is believed that the representative stipulations in the Law for the Treatment of Protected Juvenile would be added or revised as following.

7호 처분 집행의 법적 근거 명확화에 관한 연구

박찬걸 ( Park Chan-keol ) 한국소년정책학회 2014 소년보호연구 Vol.25 No.-

According to the subparagraph 7, paragraph 1, article 32 of the current Juvenile Act, the judge of Juvenile Court can rule a disposition of 'entrusting to juvenile medical care facilities according to the law on treatment of hospital, sanitarium or protected juvenile' among the types of protective dispositions based on the hearing result. In this context, an issue is raised on whether ‘juvenile medical care facilities’ being referred to in subparagraph 7 disposition among the protective disposition of the Juvenile Act can be identified with medical & rehabilitation education juvenile hall' being referred to in the protective disposition ordinances. If it can be identified, an issue is raised on whether the disposition of subparagraph 7 also conform to 'the disposition of sending to juvenile hall'. It is because it could cause the result of subparagraph 7 also conforming to the disposition of sending to juvenile hall if juvenile medical care facilities are medical & rehabilitation education juvenile hall since in the existing discussion, the disposition of sending to juvenile hall commonly refers only to subparagraph 8 or 10 disposition among protective dispositions. In terms of the opposite case, if 'juvenile medical care facilities' being referred to in subparagraph 7 among protective dispositions in the Juvenile Act cannot be identified with 'medical & rehabilitation education juvenile hall' being referred to in protective disposition ordinances, it can be said that there is a gap in legislation only with existing ordinances due to lack of grounds to enforce subparagraph 7 at medical juvenile hall among the protective dispositions of paragraph 1, article 32 of the Juvenile Act. For such reason, it would be necessary to newly establish regulations related to the concept of 'juvenile medical care facilities' specified in the Juvenile Act, grounds in ordinances and grounds & principles of medical treatment. Hereinafter, the significance and contents of subparagraph 7 will be reviewed focusing on the necessity of subparagraph 7 disposition and process of change of organization in charge, period of subparagraph 7 disposition and status of recent dispositions, the cost burden issue of 'entrusted disposition such as hospital', status of transferring the subjects of subparagraph 9 & 10 dispositions to the subparagraph 7 disposition organization. In addition, it will examine existing discussions on re-establishment of the practical meaning of the entrusted disposition to juvenile medical care facilities and the concept of protected juvenile, as well as examine the status of legislative improvement. It will conclude the discussion by analyzing future assignments to supplement the task of clarifying legal grounds to enforce subparagraph 7 disposition.

소년보호처분의 전력을 전자장치부착명령의 요건으로 할 수 있는지 여부에 대한 검토

박찬걸 ( Park Chan-keol ) 한국소년정책학회 2015 소년보호연구 Vol.28 No.-

Supreme Court recognized that the ruling of the original trial was lawful regarding its dismissal of prosecutor's request for electronic device attachment based on its decision that a past juvenile justice processing history for sexual violence crime in addition to committing a sexual violence crime, which is the criminal fact of this case, by the claimant of non-attachment order does not apply to the case of having committed crime more than twice, which is defined in Subparagraph 3, Paragraph 1, Article 5 of Electronic Device Attachment Act. Despite such provisional conclusion, it is necessary to pay attention to opposing opinions being presented in the supreme court grand bench decision. According to the author's opinion, it is true that the basis of an argument being presented in minority opinions appears to be rather more convincing. This paper will first identify differences in the juvenile ruling procedure and criminal suit procedure regarding the notion of protective disposition and ex officio principle trial procedure Based on such findings, it will review the basic premise for discussion by examining the legal characteristics of electronic device attachment order and past changes in the conditions for electronic device attachment order. Based on such review, it will review main issues of this case by dividing it into specific parts of whether juvenile processing history can be included in ‘sexual crime committed more than twice’, interpretation of Paragraph 6, Article 32 of Juvenile Act, ruling on doer element (habit) in addition to behavior element (sexual violence crime) to conclude the discussion.

형법상 형사미성년자 연령 설정과 소년법상 소년보호처분제도와의 관계

박찬걸 ( Park Chan-keol ) 한국소년정책학회 2013 소년보호연구 Vol.22 No.-

Various comprehensive measures to root out the school violence are presented as the accidents of school violence occurring successively have been emerged as a serious social problem, inter alia, an argument to lower the criminal liability age is appeared as one of measures to strongly counteract the school violence committed by elementary students or low grade of middle school students. This discussion is a new phenomenon which has not been seen even in the near past, and is thought to have started from the question that the age of criminal minor in current criminal law should be reviewed to be lowered due to lowering the age, getting more outrageous and increasing the second conviction rate of juvenile crime. However, just to increase the criminal punishment through lowering the age of criminal minor is not the best one out of effective measures according to characteristics of the recent juvenile crimes, but to consider the measures to diversify and vitalize the protective disposition system for juvenile offenders in educational aspects seems to be more suitable. Especially, the grounds for argument to be acknowledge such as ① the speed of mental and physical growth of juvenile, ② lowering the age of juvenile crime, ③ getting outrageous of juvenile crime, ④ the correlation and unbalance between lowering the age of juvenile to be in protective disposition in Juvenile Law and lowering the age of criminal minor in Criminal Law and … the infringement of the right to state in judiciary proceedings need to be analyzed more deeply.