범죄피해자를 위한 초기대응으로 경찰의 피해자전담체계에 관한 비교연구

백일홍(Baek, Il-Hong),박호현(Park, Ho-Hyun) 한국형사정책학회 2016 刑事政策 Vol.28 No.2

Recent, the police implements policies for victim support police officer through holing starting ceremony on February 2015, employs a specialist who major in counselling psychology, social welfare. It means they make much of professionalism for effective victim support and assistance by the police. Victim support police officer has been running for ten years through reorganization, but it was actually the first time as national operating. So this paper explains features and the passage of change by comparing recent victim support system and former one. Further, this examines victim support activities in the police by discussing victim advocate program in USA. On a basis of above discussing, this paper suggests proposals for making full use of police’s initial response and their professionalism by considering police initial response(such as crisis intervention), relationship with victim of crime and characteristic of victim in criminal investigation process.

피해자 신변보호에 대한 경찰의 활동과 개선방안

백일홍(Baek, Il-Hong),장규원(Chang, Gyu-Won),박호현(Park, Ho-Hyun) 한국피해자학회 2015 被害者學硏究 Vol.23 No.3

Recently, crime victim is revictimized by offender for reporting to police, called ‘retaliatory crime’ is increasing. In particular, the relationship between victim and offender is an acquaintance or offender threat to criminal reporter and witness by reason of disadvantage statement besides a direct victim. Criminal Justice Organization, including Police, take a role of revealing the truth about crime and protecting victim and witness who give important information, so they should make sure to provide an institutional strategy for participating in criminal procedure safety. To do this, this paper examine for the protection system of crime victim based on the law. In detail, we can divided into assistant system, physical safety, personal information, also check personal information based on law. Furthermore, it draws features from Police Official Crime Statistics, features of criminal type and cases of retaliatory crime. Based on those, this paper examine the protection system of crime victim by Police from pre-investigation stage, discuss system’s problems and measures to improve. This paper discuss importance of policing for retaliatory crime and system’s problems and measures to improve further than existing researches suggested general policy proposal from checking law.

범죄피해자 통합적 지원네트워크에 있어 사회연결망 분석을 통한 경찰의 역할 고찰

백일홍(Baek, Il Hong) 한국피해자학회 2017 被害者學硏究 Vol.25 No.2

Recent, the police has expand dedicated victim support system throughout the country, taken action rapidly to several crime victims and cooperated with the related organizations. Concretely, it’s a golden time that the victim can first contact with police after crime, so it’s very important that the police cooperated with the related organizations and has the closed network in order that the police supports victim’ needs. In this integrative victim supporting system, Department of Justice, the police and the prosecutor should be a key role for victim support. Also it agrees with Ministry of Gender Equality and Family should be the one of member. If it is so, we should check the victim support network and understand what kind of structure presented. Furthermore, we need to analyze some crimes are connected with which organizations as the central role. This paper is for understanding the network of organizations, especially, the police has what kind of role in this network of victim support depending on type of crime. And it suggest the effective role in integrative victim support system by the social network analysis.

피해자를 위한 통합적 지원네트워크 구축에 있어 경찰의 기대역할

백일홍 ( Il Hong Baek ),장규원 ( Gyu Won Chang ) 한국경찰학회 2015 한국경찰학회보 Vol.17 No.4

Recent policies for protecting and supporting victims are ‘the integrated assistance network’ based on community is consisted of institutions and private facilities related that provides rapid and systematic assistance services. Formerly, Ministry of Justice and private facilities tried to set a personal and material network by various way to support victim. But police was more passive than other cause of the lack of budget for victim and the role of investigative agency. This year, marked the 70 years foundation, police designate as ‘the first year for victim support’ and establish ‘victim support division’ for making policies about victim support and building a cooperative system. Based on this integrated assistance network’s purpose and content, the paper is examined victim support system in police and discussed limits to setting the integrated assistance network. Also, this paper is discussed about concept of centrality in network theory and that concept applied to police characteristics, such as, immediacy of crime, accessibility of victim, connection of institutions, so as to solve the limit setting network only by way of private facilities. Based on them, it is discussed the role of police in assistance network and suggest assistance system and direction through hypothetical cases.

형사조정의 성립과 만족 요인에 대한 평가 분석

이동원(Lee Dong Weon),백일홍(Baek Il Hong) 대검찰청 2016 형사법의 신동향 Vol.0 No.51

본 연구는 형사조정의 성립과 만족에 관련된 다양한 요인에 대한 탐색을 목적으로 한다. 이에 형사조정회의에 참여한 형사조정 사건의 당사자 770명을 대상으로 설문조사를 실시하였으며, 설문자료에 대한 분석을 통하여 발견된 사실을 요약하여 제시하면 다음과 같다. 첫째, 형사조정의 성립과 사건 당사자의 만족도는 유의미한 관계가 있는 것으로 나타났다. 그러나 조정이 성립된 당사자의 20.3%는 형사조정에 대한 만족도가 9점 만점에서 5점 이하로 나타났으며, 조정이 불성립된 당사자의 36.9%의 만족도는 6점 이상인 것으로 나타났다. 둘째, 형사조정에 관련된 다양한 요소 중에서 개선이 필요한 부분은 ‘형사조정제도에 대한 사전 설명’, ‘형사조정회의 시간의 충분한 확보’, ‘조정 합의안 마련시 당사자 의견의 반영’, ‘심판자가 아닌 조정자의 역할 수행’ 등으로 나타났다. 셋째, 형사조정의 성립에 영향을 미치는 유의미한 요인은 ‘자율성’, ‘형사조정 이후의 사건 처리 절차 설명’, ‘편안하고 안전한 조정회의 분위기’, ‘조정위원의 태도’, ‘조정위원의 자질’, ‘당사자 간 관계회복 강조’ 등으로 나타났다. 반면에 당사자의 만족도에 영향을 미치는 유의미한 요인은 ‘조정의 성립 여부’, ‘당사자 간 관계회복의 강조’, ‘조정위원의 자질’, ‘조정위원의 역할’로 나타났다. 넷째, 다양한 요인 중에서 ‘관계회복의 강조’와 ‘조정위원의 자질’은 형사조정의 성립여부뿐만 아니라 형사조정의 성립 여부에 상관없이 형사조정에 대한 만족도에도 영향을 미치는 것으로 나타났다. 따라서 형사조정회의에서는 단순히 금전적 배상을 통한 피해회복보다는 당사자 간 관계회복에 더욱 주력하여야 하며, 아울러 조정위원의 자질향상을 위한 방안 마련도 필요하다. This paper aims to investigate the multiple factors related to settlement of and satisfaction with Victim-Offender Mediation(VOM). For this aim, questionnaires were distributed to 770 who once attended the VOM as the parties of criminal cases. The result from the analysis of the replies to the questionnaires could be summed up as follows: First, the settlement of VOM and satisfaction of the related parties with such settlement were found to have significant relationship with each other. In fact, 20.3% of the related parties whose cases were finally settled gained 5 points or lower out of 9 in full scores in their satisfaction with the criminal settlement. Whereas, however, 36.9% of the parties whose cases could not be settled expressed satisfaction with higher than 6 points. Second, among the diverse factors related to VOM, it was suggested to improve as follows: ‘introduction of prior briefing about VOM’, ‘arrangement of sufficient time for mediation meetings’, ‘inclusion of the related party’s opinions’, ‘performance of role not as a judge but as a mediator’. Third, the significant factors that could affect settlement of VOM might include ‘autonomy’, ‘explanation of the procedure to handle the case following VOM’, ‘comfortable and safe atmosphere during the mediation meetings’, ‘attitude and qualification of mediators’, and ‘emphasis on restoration of relationship between victim-offender’. On the other hand, the significant factors that could affect satisfaction of the related parties might include ‘settlement of mediation’, ‘emphasis on restoration of relationship between victim-offender’, ‘qualification and role of mediators’. Fourth, it became obvious that ‘emphasis on restoration of relationship’ and ‘qualification of mediators’ could exercise impact upon satisfaction with VOM regardless of settlement. Therefore, It is necessary for VOM to concentrate more on restoration of relationship between victim-offender than recovery of damage by monetary compensation as well as to work out measures to advance qualification of mediators.

회복적 교정을 통한 피해자와 가해자의 관계개선에 관한 연구

장규원(Chang, Gyu-Won),백일홍(Baek, Il-Hong) 한국피해자학회 2013 被害者學硏究 Vol.21 No.2

In our correction’s system, the main purpose is that prisoners(offenders) make well to go back to their society. If the correctional institutions work for isolation from society, this can not only conflict with ideas of correction, but also hard to achieve true improvement for prisoners. Our correctional institutions have tried to apply rehabilitation to the society, resocialization, reintegration to programs since 10 years, but these programs are focused mostly employment training, offering employment, improvement for relationship with their family. If we want to make prisoner truly go back to society, we should try to make prisoners take a responsibility and regret their offense. For these essential functions of correction, applying idea of Restorative Justice-“Improvement of relationship”-will be the best way to take responsibility from their offense by themselves. By the victim tries to restore his/her harm, we can achieve true correction’s ideas. Thus, I want to suggest Victim-Offender Conferencing Program for improvement of relationship in correctional process. I believe this can give an opportunity to restore their offense and set up the correctional circumstance for restoration.

회복적 이념의 형성 과정에 관한 고찰

장규원(Chnag Gyu Won),백일홍(Baek Il Hong) 한국피해자학회 2014 被害者學硏究 Vol.22 No.2

As we have shown, humans have used forms of restorative justice for the larger part of their existence. Criminal law and the often destructive retributive answer to crime, or more recently, the failed rehabilitative efforts, have been fairly new. Forms of restorative justice, as we could find them in acephalous societies and especially early state societies seem to be the better answer to the crime problem of today's societies. For example, the family group conferences and other forms of conflict resolution as practiced by indigenous people seem to be in this context the most promising ones, and can look to an extraordinarily long tradition. The advantage of such programs lie in their healing power for all involved people, and the participation of the enlarged family, social group and community.

관광 치안서비스 분야를 통한 민간경비산업 활성화 방안

박한호(Park, Han Ho),백일홍(Baek, Il Hong) 동국대학교 사회과학연구원 2015 사회과학연구 Vol.22 No.4

오늘날 관광산업은 급속도로 성장하고 있다. 관광산업의 성장이 천연자원의 이용을 넘어 문화와 콘텐츠를 활용함에 따라 관광자원의 한계를 무너트렸기 때문이다. 특히, 우리나라의 경우 한류 콘텐츠가 급부상하면서 정부에서도 국가주요산업으로 육성하고 있다. 최근 메르스의 여파로 관광산업이 큰 타격을 겪었지만 질병에 대한 두려움이 종식된 이후는 이전과 같이 관광산업이 제자리를 찾고 있다. 메르스 사태에서 볼 수 있듯이 관광은 안전에 매우 민감한 반응을 보이는 산업이다. 관광지가 원주민과는 다른 문화를 가지는 지역이라는 점을 감안한다면, 본능적으로 안전에 대한 인간의 욕구를 충족해야만 관광객은 관광지를 선택할 수 있을 것이다. 따라서 본 연구는 관광산업과 민간경비 산업의 연계를 통해 새로운 사업의 창출을 유도하고 민간경비활동을 활용하여 보다 안전한 관광으로 관광지역내 범죄를 예방함에 따른 치안확보방안을 구축하는 것을 논의하였다. 이러한 목적을 달성하기 위해 관광범죄에 대한 일반적 이해와 특성은 물론 민간경비활동의 필요성을 논의하고 나아가 민간경비활동을 통한 관광지 치안확보전략을 모색한다. The Korean tourism industry is growing fast due to the development of the Korean Wave. The Korean government is correspondingly increasing support and investment for this movement. When the Middle East respiratory syndrome coronavirus (MERSC) was spread in 2015, the number of tourists who visit Korea substantially decreased. After the fear of the virus disappeared, however, the Korean tourism industry has been restored to its original condition. Considering the experience of national emergency caused by the MERSC, tourism industry is highly associated with tourists’ safety and security. Tourists may select their destination in which they feel safe. The purpose of this study is to discuss, 1) how to create an affiliated business that combines the tourism industry and the private security industry, and 2) how to prevent crime in the tourist destinations through the use of private security forces. This study focuses on what a “tourism-crime” is, why private security is necessary for developing the tourists’ safety, and finally how policing strategy in cooperation with private sectors is established.

소년연령과 형사책임에 관한 논의 - 소년연령의 기준제시를 중심으로 -

박호현 ( Park Ho-hyun ),백일홍 ( Baek Il-hong ) 제주대학교 법과정책연구원 2020 국제법무 Vol.12 No.2

Recently, many juvenile crimes have been committed. But these juvenile crimes were no different from adult ones. In other words, it has cruelty and ferocity. Due to these problems, the public insisted on lowering the age of minors under criminal law and the age of boys under the juvenile law. But boys are not physically and mentally mature compared to adults. Therefore, the ultimate goal should be to return to society through enlightenment and improvement. The juvenile law was enacted to achieve these goals. And juvenile law emphasizes that the state should do the role of parents. Therefore, the abolition of juvenile law and the reduction of juvenile age cannot be the only alternative to reducing juvenile crime. As a result, strong punishment by age reduction may have the effect of a temporary reduction in juvenile crimes. But it cannot be a lasting and absolute solution. Therefore, criminal policy measures must be prepared.

혐오표현의 규제 가능성에 대한 논의

박호현(Park, Ho-Hyun),장규원(Chang, Gyu-Won),백일홍(Baek, Il-Hong) 한국피해자학회 2017 被害者學硏究 Vol.25 No.3

Freedom of expression is an important democratic element that has been pursued through historical evolution as the natural rights of people which is ensured by the constitutional law. This democratic evolution works for national development as a prerequisite condition. Various policies of government are necessary in other for national development, but the atmosphere in which other opinions are accepted should be made for it. However if freedom of expression were accepted without limitation, either human rights or honor of other people would have been infringed at least. Especially violation of human rights to the disadvantaged like females, the elderly, the handicapped, the downscale, sex minorities might happen ordinarily in disguise as freedom of expression. Freedom of expression to the disadvantage could bring the result of violation of human rights by being used to make words with the expression like aversion, shame, contempt, discrimination. Therefore even if freedom of expression should be ensured as much as possible, some limitation must exist for preventing violation of human rights and honor of others. However the way of limitation was mostly criminal punishment. It is not sufficient that excess of freedom of expression is limited by only criminal punishment. Therefore it is limited by not only criminal punishment but also civil and administrative punishment, furthermore diverse political discussion is needed for including constructive regulation that is positive one for forming social atmosphere. Accordingly effort of central and local governments is required for constructive regulation, but effort of people themselves on autonomy is required as well.