랫드의 간에서 다양한 농도의 아플라톡신 투여에 의한 DNA Adduct의 형성과 Ras의 발현양상

김태명(Tae Myoung Kim),허진주(Jin Joo Hue),리란(Lan Li),김대중(Dae Joong Kim),남상윤(Sang Yoon Nam),윤영원(Young Won Yun),이범준(Beom Jun Lee) 한국독성학회 2005 Toxicological Research Vol.21 No.4

Aflatoxins are produced by Aspergillus flavus, parasiticus that grows in improperly stored cereals. Aflatoxin B₁ (AFB₁) is a potent hepatocarcinogen in a variety of experimental animals including human beings. In spite of a high attention to the hepatocarcinogenecity of aflatoxins, the relative toxicity of other types (AFB₂, AFG₁ and AFG₂) of the toxins is not fully clarified. Sprague-Dawley male rats were orally administered with AFB₁, AFB₂, AFG₁ and AFG₂ at the dose of 250, 1250, and 2500 μg/kg body weight. Animals were then killed at 12, 24 or 48 hrs following aflatoxin adminstration. Subsequently the relative weight of liver was measured and histopathological examination on the liver was performed. Level of 8-OxodG and expression of ras gene in the liver was determined. The relative liver weights at high doses of AFB₁ and AFG₁ was significantly low. The treatment of AFB₁ at the high dose of 2500 ㎍/㎏ showed vacuolar degeneration and centrilobular hepatic necrosis with inflammatory cells. The pathological changes by AFB₂, AFG₁ and AFG₂ were not clearly found. The formation of 8-OxodG by AFB₁ increased in a dose-dependent manner up to 24 hrs after a single treatment of AFB₁ thereafter decreased to the level of the control. The treatments of AFB₂, AFG₁ and AFG₂ showed an inconsistent pattern in the formation of 8-OxodG in the liver of rats with increasing time. The expression of ras oncogene in the liver by AFB₁ at the dose of 1250 ㎍/㎏ was increased twice compared to the control. The treatments of AFB₂, AFG₁ and AFG₂ at all doses decreased the expression of ras in the liver. These results in the present study indicate that AFB₁ among aflatoxins with low comparable levels is the most toxic as determined by early biomarkers such as 8-OxodG formation and ras expression. However, the levels of 8-OxodG and ras as biomarkers were not useful to predict the relative hepatocarcinogenicity of aflatoxins to AFB₁ in the present model. Further studies are required to look for other biomarkers to predict carcinogenic potency of aflatoxins.

특 집 : 경찰작용에 대한 법적 쟁점 ; 경찰소추제도로서 즉결심판절차의 재조명

김태명 ( Tae Myeong Kim ) 한국경찰법학회 2015 경찰법연구 Vol.13 No.2

The Korean speedy trial system a special criminal procedure that is commenced by the chief of police stations, and in which evident and minor crimes are tried through the rapid process without the participation of prosecutors. However it has often criticised that it is unfair except of the principle of the monopolism of the power to charge the criminal, and has a risk that the police abuse its power by overlooking serious crimes or by improper or unnecessary charging the minor ones. Since Korean government had introduced police prosecution in 1957, it has contributed to spare the unnecessary costs of the prosecutory and judiciary authority as well as the excessive prices of the accused by dealing the petty crimes in the speedy and convenient process. And it has also served as a instrument to realize the principle of division of powers in charging process and adjudicatory stage. The judiciary reform committee in Korea had made a bill that abolish the summary trial commenced by the police and integrate it into the summary trial procedure led by prosecutors. But the Korean lawmakers refused to adopted it because they worried the exclusive possession of charging power by the prosecutory authority, and wanted check and balance in deciding to end investigation and charging the minor offenses. In historical and comparative perspectives, this article deals with the resonable ground why the police prosecution should be maintained in Korean criminal procedure and seeks the solutions to overcome its handicaps in realizing its goal.

경찰단계에서의 사건종결 제도에 관한 연구

김태명(Kim Tae Myeong) 경찰대학 경찰학연구편집위원회 2013 경찰학연구 Vol.13 No.2

The fact that an offence has been committed dose not mean that the commencement of a charge is evitable. Discretion exist at various stages as to wether a charge should be commenced, or the suspect cautioned formally or informally. 65) Recently the focus of the criminal justice of minor crimes is moving from punishment to diversion or restorative justice in Korea. It is because of the spread of recognition that the traditional justice system has not been effective to prevent minor/juvenile offences and to promote there reunion to the community. In many countries police have the discretion to divert the suspect from the formal justice system into an alternative program for rehabilitation and restitution. But in Korea only the prosecutors have discretion wether to a commence a charge and in the policing level, an individual officer cannot make an independent judgement wether to file charges and what kind of action he or she should take. Under this circumstances the police has released the minor/young offenders with light charge with warning in practice. In this way the juvenile delinquency or minor offences can be filtered out at the beginning stage of criminal procedure and the offenders can have the better chance to return to society without being branded as a criminal. This article reviews screening of cases which is largely hidden as diversions in the policing stage, and examines how to institutionalize it to realize the ideal of diversion and restorative justice in Korea.

경찰옴부즈만 제도의 도입과 실시

김태명 ( Tae Myeong Kim ) 한국경찰법학회 2007 경찰법연구 Vol.5 No.1

The government has been taking steps to overcome limitations on relief arising from the unique nature of the police and to create an ombudsman system for the police that offers people-oriented service. Finally it established permanent ombudsmen specializing in handling of complaints involving the police in the Ombudsman of Korea. The Ombudsman of Korea staffed the new service unit with 41 people. It has four teams and one officer position (two teams for police, and a complaint investigation planning officer for police) to conduct investigations on complaints made. With the launch of the service, a sub-committee that considers exclusively police matters handles complaints arising from measures taken by police agencies (including maritime police) and acts by police officers. And the police ombudsman looks at possible violations of rights and interests or distress caused by actions of police agencies (including the Coast Guard) or any irregularities or injustices perpetuated by police officers in the course of conducting their duties. When the agency determines that relief is necessary, it can take appropriate actions-corrective recommendations, expressions of opinions, or recommendations for institutional improvement - and make a special report to the President and National Assembly on major issues. It can also take measures prescribed by the Ombudsman of Korea Act, including making recommendations on the amendment and annulment of laws and regulations and institutional improvements. The new system will help improve rights relief, which had previously been limited given the unique nature of the police organizations, and boost public confidence in the Ombudsman`s effectiveness.

경찰유치에 있어서 수사와 구금의 분리

김태명 ( Tae Myeong Kim ) 한국형사정책학회 2013 刑事政策 Vol.25 No.1

According to the Administration and Treatment of Correctional Institution Inmates Act pretrial detainees, in principles, should be held in detention facilities (jail) under the authorities of the Justice Ministry before they are indicted. However usually the detained suspects are kept in police station cells(lockups) for up to 10 on the ground of Criminal Procedure Act that allow a police officer to hold an arrestee for up to 10 days before the police officer bring him/her a prosecutor. This ten days are frequently used by the investigative authorities to gain confessions from the suspect. In Korea the police custody system has been criticised as a hotbed for infringement on the rights of citizens like coerced confession, violation of right to counsel etc. The problem lies in the supervision of lockups by the police forces responsible for investigations, whereas jails are supervised by a professional corps of prison guards who are not involved in the investigative processes. So many issues that have risen in the police station cells have its origin in defects of acts and subordinate statutes on police custody. Like in Korea Daiyo Kangoku, which are detention cells found in police stations which are used as legal substitutes for detention centers, has been controversial because of its role in eliciting confessions from criminal suspects in Japan. Contrary to the situation in Korea and Japan, the legal and institutional devices on the pretrial detention in United Kingdom are overhauled through the Police and Criminal Evidence Act 1984(PACE) that mainly deals with police powers to search an individual or premises, including their powers to gain entry to those premises, the handling of exhibits seized from those searches, and the treatment of suspects once they are in custody, including being interviewed. In this study I handled the problems that caused in police jail and suggested the separation of investigation and custody as the way to solve them considering practices and regulations of United Kingdom.

체포현장에서 피의자가 임의제출한 휴대전화기의 압수와 휴대전화기에 저장된 정보의 탐색·수집

김태명 ( Kim Taemyeong ) 한국경찰법학회 2021 경찰법연구 Vol.19 No.1

Modern people use mobile phones not only to make phone calls, but also for voice recording, recording and storage of photographs and videos, text message transmission and reception, SNS activities, using of web hard and cloud, internet banking, and various business processes including document work. Thus the mobile phones have literally become a mine of personal information. Even if an individual's mobile phone is exploited for a crime, if it is easily obtained or accessed by an investigative agency, not only the privacy of the individual but also the basic life itself as a human may be shaken. The Constitution declares the principle of warrantism and due process with respect to search and seizure in order to guarantee basic human rights of individuals. And the Criminal Procedure Act requires that in principle a warrant should be issued for search and seizure, but only at the site of arrest, a place of crime, or in cases where urgency is recognized after an arrest a post-warrant should be received. Furthermore, in order to ensure the legitimacy of it’s procedures, the participation of suspects and lawyers in the process, and the issuance of seizure lists to them are regulated. However the Supreme Court has taken the doctorine that even at the site of arrest or crime of the suspect, items arbitrarily submitted by the holder may be confiscated without a warrant, and in this case, judicial police officers do not need to obtain a warrant later. There has been a concern that the principle of warrantism and due process may be compromised due to the doctorine of the Supreme Court, If it is necessary to continue confiscation of items arbitrarily submitted by the holder, even at the site of the current criminal arrest or at the place of a crime, a post-warrant should be requested without delay. And in the search and collection of information from confiscated mobile phones, the principle of relevance and due process principles such as participation in the seizure and search procedures of the suspect or attorney and the issuance of the seizure list should be observed.

수용자의 외부의료시설 이용에 따른 문제점과 해결방안

김태명 ( Tae Myeong Kim ),김창환 ( Chang Hwan Kim ) 전북대학교 법학연구소 2009 法學硏究 Vol.29 No.-

일본의 미죄처분과 간이송치 제도

김태명 ( Tae Myeong Kim ) 한국경찰법학회 2011 경찰법연구 Vol.9 No.2

Because of the spread of recognition that the traditional justice system has not been effective to prevent minor and juvenile offences and to promote there reunion to the community, the focus of the criminal justice has moved from punishment to diversion or restorative justice. In many countries police have the discretion to divert the suspect from the formal justice system into an alternative program for rehabilitation and restitution. After the world war Ⅱ police have been granted the discretion to handle minor and juvenile offences in Japan. They are simplified transference of juvenile offences and self disposition of minor offences. But the police in Korea is not endowed with the discretionary power. However the police has released the minor and young offenders with light charge with warning. In this way the minor offences of the young people can be filtered out at the begging stage of criminal procedure and they can have the better chance to return to society without being branded as a criminal. This article reviews Police Release with Warning in Japan, and examines the police discretion to realize the ideal of diversion in Korea.

판례평석 : 야간주거침입절도죄에서 야간의 상황이 요구되는 시기

김태명 ( Tea Myeong Kim ) 한국비교형사법학회 2011 비교형사법연구 Vol.13 No.1

A people who steals another`s property by trespassing upon residence, guarded dwelling house, structure or occupied room at night shall be punished for compound larceny(§ 330). But it`s not clear whether a person who broke into a house in the daytime and stole another` property at night shall be punished for compound larceny or concurrent crimes of Intrusion upon Habitation(§ 319①) and Larceny(§ 329). On April 14. 2011, Korean Supreme Court upheld that the accused who entered a motel room at 15:30 and lifted a LCD monitor at 21:00 could not be punished for compound larceny, because the §330 requires the circumstance of night at the time when the burglar intrudes a occupied room and it`s application could not be expanded to the a people who trespassed upon residence in the daytime and stole another` property at night. But sense of instability and danger of extension of damage which caused by the trespassing from daytime to night are not smaller than that which brought by intrusion at night. And the translation of words in the criminal code couldn`t be limited to the literary meaning but it should be done based on the consideration from various angles such as the spirit of legislation, system of the provisions etc. So the § 330 should be interpreted that it requires night as a condition of time and another`s residence a condition of place when the accused steals another` property. When the bugler intrudes a house in the daytime and lifted a steals another`s possession at night, the necessary conditions of time and place which requires the provision of compound larceny(§ 330) is fulfilled. So the accused this decision could be punished for compound larceny.

경찰서유치장 관련법령 및 관리운영상의 문제점과 개선방향

김태명(KIM, Tea-Myeong) 한국형사정책학회 2008 刑事政策 Vol.20 No.2

Korean police can hold an arrestee for up to 10 days before they must bring him a prosecutor. Before suspects are indicted, pretrial detainees, in principles, should be held in detention facilities(jail) under the authorities of the Justice Ministry, not of the investigators. However in almost all cases they are detained in police station cells(lockups) for up to 10, or, in special cases 20 days for the police investigation. To make matters worse in the area where the detention facilities are not sufficient, pretrial detainees and unsentenced detainees are held in police station cells, that is, substitute jail. The police station can be provided with a lockup to intern those who are placed in detention according to the procedures as prescribed by relevant acts, or have received a judgement or have disposition restricting corporal freedom. Thus not only the detained suspects but also those who received penal detention or detention in a workhouse, compulsory appearance etc can be interned in police station cells. In Korea the police custody system has been criticised as a hotbed for infringement on the rights of citizens like coerced confession, violation of right to counsel etc. Recently there are some litigation against police because of execution strip search on persons who was detained in police custody. Strip search has been a hot issue in Korean society, because it humiliate detainees seriously. From the viewpoint of police, keeping the safety and order in custody could be a important thing. But Supreme Court and Constitutional Court of Korea made up a strict principles about the body search. Many issues that have risen in the police station cells have its origin in defects of acts and subordinate statutes on police custody. In this study I tried to handle the problems that cause troubles in police jail and to find ways to solve them from a standpoint of legal system.