영화 ‘김광석’에 비추어본 김광석법과 공소시효배제: 공동체적 관점과 피해자적 관점을 중심으로

김혜경(Kim, Hye-Kyung) 한국피해자학회 2019 被害者學硏究 Vol.27 No.2

영화 ‘김광석’과 관련하여 형사법적으로는 몇가지 영화의 내적·외적 쟁점이 부각되어 왔다. 소위 ‘모델영화’라고 동 영화는 김광석의 사망(영화에서는 이를 변사자라고 표현한다)과 관련하여 이미 공소시효가 만료된 사건의 공소시효에 대한 진정소급효가 가능한가의 문제이다. 동 영화는 그의 죽음이 자살인지 타살인지 다시 재조사 할 것을 주장한다. 다만, 그와 같은 재조사가 수사의 단서로서 국가형사사법기관에 의한 적법한 절차로 이행하기 위해서는 공소시효가 만료되지 않아야 한다. 그러나 동 사건은 2007년 개정된 현행 형사소송법 제249조 및 2015년 신설된 소위 태완이법이라 칭해지는 형사소송법 제253조의2 살인죄 공소시효배제규정에 의하더라도 공소권이 부존재하다는 결론에 이른다. 따라서 법의 제정 또는 관련법의 개정을 통해 공소시효에 관한 규정을 새로이 정립한다고 한들, 그와 같은 관련법의 진정소급효를 인정하지 않는 한 김광석의 사망은 여전히 수사 또는 공소제기가 불가능하다. 그 결과 소위 ‘김광석법’을 제정한다고 한들, 그 자체가 진정소급효의 법적 승인이 핵심내용이 되어야 하는 것이다. 여기에서는 의문사 사건의 공소시효의 진정소급효를 예외적으로 인정할 것인가 여부에 대하여 우선 공소시효의 법적 성질 및 그 함의를 살펴보고, 소위 김광석법의 본질이 진정소급효이어야 하는지를 법리적으로 검토한 후에, 그 판단을 국가형벌권 및 공동체가치의 측면, 그리고 피해자적 관점에서 논의하고자 한다. 물론 법리적 결론과 현실적 필요성 사이에 괴리가 발생할 수 있고, 그것이 우리의 법생활에서 지극히 예외적인 일은 아니다. 이를 법적 공백이라고 하며 입법론적 문제로 다루고 있다. 결론적으로 공소시효제도는 헌법원리를 직접 반영하는 제도가 아니므로, 사법제도가 어떠한 형사정책적 목적을 추구하는가에 따라, 그리고 사회구성원들의 법감정의 변화에 따라 그 존치, 중단 또는 배제가 좌우된다. 그리고 우리 형사사법은 공소시효제도를 원칙적으로 인정하면서 헌정질서파괴범죄와 같은 반인륜적 범죄들에 대하여 특별법의 제정을 통해 그 중단이나 배제의 진정소급효를 허용하는 방식을 취하고 있다. 여기에서는 살인죄의 공소시효에 대하여도 진정소급효를 인정할 수 있겠는가의 문제를 몇 가지 논거를 통해 긍정하고자 하였다. 물론 이 역시도 형사정책적 영역이므로 살인죄 공소시효의 진정소급효에 대한 찬성이나 반대 중 어느 한 쪽이 완전한 정의일수도 없고 완벽하게 옳을 수도 없다. 다만, 법리적 측면뿐만 아니라 공동체 전체의 시대감정과 연대성의 차원에서 접근한다면 보다 정치한 논거를 찾아낼 수 있지 않을까 한다. The movie titled “Kim Gwang Seok” showed in 2017 was focused on his lifetime, especially his death. He led popular movement in 1980’s as well-known song and his song has been loved even now. He passed away in 6. Jan. 1996 and investigative authority reached conclusions of his death as suicide after drinking but director of this movie as well as journalist has entertained a suspicion about announcement of investigative authority and had ridden down his death and expressed that in accidental death. But his death or accidental death passed over statute of limitations on murder at this point in time. As that result, although the true criminal would be found, he/she couldn’t be under indictment in this case. Statute of limitations means a legislative enactment prescribing the period of time within which proceedings must be instituted to enforce a right or bring an action at law. That system is accepted for offender, because this is justified for considering of legal stability as time passed. In addition, the reason that it is impossible for investigative authority to attain proof after long time because physical evidence may be scattered and lost, which makes it extremely difficult to have a fair trial, can make to reduce the criminal justice costs. But Legislative proposal of a so-called ‘Kim Gwang Seok Bill’ suggests the retroactive effect of statute of limitations on murder. This proposal presents a question, that what is substantial justice in our society. Similarly to respond to this question, the revised Criminal Procedure Law so-called, ‘Taewan-Law’ acted in 2015 abolishes the statutes of limitations on the murder crimes. But this revision couldn’t be retroactively appled in the Kim’s case because statute of limitations on his case had been statute-barred in 2011 already before ‘Taewan-Law’ was in effect for murder crime. So new bill is to be enacted for crime of expiration of the statute of limitations like Kim’s case inevitably and legalistically.

SOME IDENTITIES OF A NEW TYPE OF DEGENERATE POLY-FROBENIUS-EULER POLYNOMIALS AND NUMBERS

Hye Kyung Kim,Waseem A. Khan 장전수학회 2021 Proceedings of the Jangjeon mathematical society Vol.24 No.1

Many mathematicians have been studying various degenerate versions of special poly- nomials and numbers not only in some arithmetic and combinatorial aspects but also in applications to differential equations, identities of symmetry and probability theory. Moreover, umbral calculus is one of the important methods for obtaining the symmetric identities for the degenerate version of special numbers and polynomials. Recently, Kim-Kim (J. Math. Anal. Appl.(2020) 23, 124521) introduced the l -Sheffer sequence and the degenerate Sheffer sequence by replacing the l - linear functional and l - differential operator, respectively, instead of the linear functionalal and the differential operator used by Rota. This paper is divided in two parts. In the first part, we introduce a new type of degenerate poly-Frobenius-Euler polynomials and numbers, and derive several combinatorial identities related to those polynomials and numbers without by using degenerate Sheffer sequences. In the second part, we also derive various combinatorial identities related to a new type of degenerate poly-Frobenius-Euler polynomials by using degenerate Sheffer sequences. Some of them include the degenerate and other special polynomials and numbers such as the degenerate falling factorials, the degenerate Bell polynomials, the degenerate Bernoulli polynomials, the degenerate Euler polynomials, the degenerate Daehee polynomials, the Stirling number of the first and second kind, etc.

서울의 PPNG 발생 빈도(1991-1992)

김재홍,윤기범,박평원,김영진,전경민,김영태,김중환,곽호,구상완,송민석,유옥,지혜구,김동원,문상은,박영립,정승호,성범진,성순제,엄주용,황정열,이기홍,이주협,전태진 대한화학요법학회 1994 대한화학요법학회지 Vol.12 No.1

The prevalence of PPNG among pretreated gonorrhea cases isolated at the STD clinic of Choong-Ku Public Health Center in Seoul has been studied and reported annually since 1981. In 1991, 123 strains of N.gonorrhoeae were isolated, among which 58(47.1%) were PPNG. In 1992, 98 starains of N.gonorrhoeae were isolated, among which 51(52.0%) were PPNG. In all, 109(49.3%) strains were found to be PPNG among 221 strains isolated between 1991-1992. The prevalence of PPNG in Seoul showed increased tendency till 1989, thereafter, it has been stationary or slightly decreasing.

대동맥 협착증과 동반된 출혈성 위장관 동정맥 기형에서 Estrogen-Progesterone 치료 1예

김도연,김화정,김효정,남준식,박수영,박영미,신정은,주미순,황민규,정혜경,손혜영,이선영,이한주 大韓消化器內視鏡學會 1999 Clinical Endoscopy Vol.19 No.부록2

자료포락분석(DEA)를 이용한 보건의료의 효율성 측정

김남송,박홍섭,김은진,김설화,김정숙,김현아,김경숙,신지혜,최은정,양은진,유선미,유수진 圓光大學校 醫科學硏究所 2007 圓光醫科學 Vol.22 No.1

Fabrication of carbon nanofiber electrodes using poly(acrylonitrile‑co‑vinylimidazole) and their energy storage performance

Kyung‑Hye Jung,So Jeong Kim,Ye Ji Son,John P. Ferraris 한국탄소학회 2019 Carbon Letters Vol.29 No.2

For electrodes in electrochemical double-layer capacitors, carbon nanofibers (CNFs) were prepared by thermal treatment of precursor polymer nanofibers, fabricated by electrospinning. Poly(acrylonitrile-co-vinylimidazole) (PAV) was employed as a precursor polymer of carbon nanofibers due to the effective cyclization of PAV polymer chains during thermal treatment compared to a typical precursor, polyacrylonitrile (PAN). PAV solutions with different comonomer compositions were prepared and electrospun to produce precursor nanofibers. Surface images obtained from scanning electron microscopy showed that their nanofibrous structure was well preserved after carbonization. It was also confirmed that electrospun PAV nanofibers were successfully converted to carbon nanofibers after the carbonization step by Raman spectroscopy. Carbon nanofiber electrodes derived from PAV showed higher specific capacitances and energy/power densities than those from PAN, which was tested by coin-type cells. It was also shown that PAV with an acrylonitrile/vinylimidazole composition of 83:17 is most promising for the carbon nanofiber precursor exhibiting a specific capacitance of 114 F/g. Their energy and power density are 70.1 Wh/kg at 1 A/g and 9.5 W/kg at 6 A/g, respectively. In addition, pouch cells were assembled to load the higher amount of electrode materials in the cells, and a box-like cyclic voltammetry was obtained with high capacitances.

『황제내경(黃帝內經)』에 나타난 부인과(婦人科)에 관(關)한 문헌고찰(文獻考察)

김혜원 ( Hye Won Kim ),조정훈 ( Jung Hoon Cho ),장준복 ( Jun Bock Jang ),이경섭 ( Kyung Sub Lee ) 대한한의학원전학회 2005 대한한의학원전학회지 Vol.18 No.1

호산구성 간농양 54예의 임상상

강혜련,권혁수,송우정,이상민,김태범,박혜경,장윤석,김윤근,조상헌,민경업,김유영 대한알레르기학회 2004 천식 및 알레르기 Vol.24 No.2

노인의 성격과 죽음태도에 관한 탐색적 연구

유경원,박상하,김혜숙,정경인 朝鮮大學校 附設 醫學硏究所 2005 The Medical Journal of Chosun University Vol.30 No.1

Background and Objectives: The purpose of this study was to analyze how the personality of elderly people affects their attitude toward death. Method: For this study, we investigated 86 old men and women with over the age of 60 in C and J nursing home for the old at Gwang ju city during January 5 to March 31, 2003. As a research tool, the total 20 questions of modified Shanans assorted survey method to measure personality style were used and the reliability of this study was Cronbach's α= 0.7507. For determination of attitude of death, the total 36 questions of FODS, which has been used by Suh, Hye-Kyung were used and the reliability of this study was Cronbach's α= 0.60. Using SPSS program, the collected data were analyzed by Frequency, ANOVA and Pearson correlation coefficient, respectively. Results: In the analyze of the results of personality complying with general characteristics, there were statistically significant differences in age. It was shown that the personality of the old with the age of 61-65 is positive. There were no significant differences in thee attitude toward death complying with general characteristics. The hypothesis in this study, the correlation that the more positive personality of the old, the more positive attitude toward death was supported. Conclusion: Since the elderly people with more positive personality may have more positive attitude toward death, it is considered that the old themselves, their family and workers might help to haw positive personality for the positive attitude toward death.

어린이집 조직문화가 보육교사의 배려적사고와 교사효능감에 미치는 영향

김미경 ( Kim Mi Kyung ),김혜순 ( Kim Hye Soon ) 동국대학교 교육연구소 2018 교육연구 Vol.3 No.2

In this study, we look at the effects of the organization culture of daycare centers on the caring thinking and the effectiveness of teachers. Specific research issues for this purpose are as follows. Research 1. The trend and general background of child care organization culture, child care teacher consideration, teacher efficiency awareness (age, academic background, type of work organization, experience, age of infant, degree of progress, marriage status) Research 2. What is the correlation between daycare center organization culture, child care teacher consideration, and teacher efficiency? Research 3. How does the organization culture of daycare centers affect the consideration and effectiveness of child care teachers ? The methods of this study are as follows. It was done through a survey. The survey included 79 teachers from state, public, corporate, working and children's homes in G City, North Gyeongsang Province, and 149 teachers from private and private schools. Total 228 teachers participated. The researcher used research scale from organization culture by Song-Jihye(2013), child care teacher consideration by Kim-Sudong, An-Jaejin, Lee-jeongyoen(2014) and teacher efficacy by Kim-Myeongran(2016) For the analysis of the collected data, It's calculated Cronbach’ α by using SPSS/WIN 20.0 program, which shows the internal consistency. In order to examine the general background of childcare teachers, frequency analysis was conducted and a t-test and one-way ANOVA were performed to see if there was a difference in the level of variables. The mean and standard deviation of the main variables were calculated , Correlation analysis, and hierarchical regression analysis. The results of the study are as follows. First, the tendency of major variants was high in the culture of relationships, consideration was slightly higher than normal, and personal teacher efficiency was slightly higher than general teacher efficacy. Consideration showed a significant difference depending on age, academic background, experience, length of institution establishment, and marital status, and teacher efficacy varied depending on age, experience, and marital status. Second, the relationship between the organizational culture of daycare centers and the caring thinking of child care teachers, the relationship between child care organization culture and teacher efficacy, and the caring thinking of child care teachers and the teacher's sense of efficiency showed significant static. Third, among background changes of child care teachers, educational background can have a significant effect on the consideration of children, and the period of institution establishment is shown to have a significant influence on the value of care, so the educational background of child teachers is more important. Among the organizational cultures of daycare centers, it was found that the culture of relationship and rationality had a significant influence on the consideration of child care teachers, and that the culture of rationality had a greater influence on the consideration of child care teachers. Among the background changes of child care teachers, the more important the difference in experience and marital status is in the sense of teacher efficiency, the more likely it is for a child teacher to be a single teacher, and the more likely it is for a teacher to be married. Among the organizational cultures of daycare centers, it was found that the culture of relationship and rationality had a significant effect on the teacher's sense of efficacy, and that the culture of relation had a greater influence on the relative effect of the teacher's ability. Therefore, the more relevant and reasonable organizational culture in daycare centers is well established, the more positive the effect is on the consideration and effectiveness of child care teachers.