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- 저자 : 지영환 ( Young Hwan Gi ) (검색결과 4 건)
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지영환 ( Gi Young-hwan ),조행난 ( Cho Haeng-nan ) 한국외국어대학교 법학연구소 2007 외법논집 Vol.25 No.-
The research objective of this thesis is to examine and assess reasons of effectiveness and abrogation about a stay of execution within the framework of the lawmaking theory, and based on such analysis, to suggest schemes for improvement on the requirements and effectiveness in a stay of execution. Following these research objective, the results of this thesis analyzed as below. Firstly, in case of the short-term penalty under 6 months, a stay of execution should be sentenced without any exceptions. Up to the length of the penalty, the preconditions for a stay of execution can be decided. It is desirable to include the order to restore the status quo in a stay of execution so that the victim can satisfy the desire to return to the original status. Secondly, a stay of execution in case of a monetary penalty should be accepted, but though a stay of execution is not desirable in case of free penalty, it is necessary in case of monetary penalty. Thirdly, the repeated stay of execution during the first stay of execution should be acknowledged for once, and the regulations on the withdrawal of a stay of execution resulting from the disqualification identified later should be deleted. There should be the possibilities to replace the withdrawal of a stay of execution with the expansion of probation term, the additional imposition of social service, etc.. Furthermore, when a stay of execution is cancelled, the already performed services should be acknowledged in the pronounced sentence. In conclusion, the present law under which the pronounced sentence loses its legal effect if the accused keeps the granted term on probation, is considered to be desirable.
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신정훈(Shin Jeong-Hoon),지영환(Gi Young-Hwan) 한국형사법학회 2006 刑事法硏究 Vol.26 No.-
This study, in order to examine the necessity of introducing electronic recording protocol of interview, its relevant problems, and specific strategies in the introduction, adopts literature studies and comparative studies on cases aborad.<BR> Most foreign countries have already been implementing the electronic recording of interview. In particular, Deutschland, U. S., England, etc make a video-recoding of the statements of those relevant to a case.<BR> The written statement has many problems.<BR> First, because there is a limit to human’s memory, a part of the statement may be missed, although it’s streamlined, summarized and written on the statement.<BR> Secondly, if the investigators make some hasty conclusions against those who are interviewed, their bias may be inadvertently represented on the written statement. So if an investigator is prejudiced, they can manipulate a statement on purpose to make its readers understand it as intended by them.<BR> Thirdly, because those who make a statement believe that as the statement is being produced in the presence of them, it is put on record in accordance with their deposition. As a result, even though the statement has been written in a different manner from their original statement, they may overlook it.<BR> Fourth, the investigators tend not carefully to observe the factors of behavior except for the contents of statement.<BR> Fifth, as the whole situation during an interview cannot be described fully in a written statement, the situations that may have affected an interviewee such as harsh language, deception and threat by investigators made in the course of the interview cannot be effectively controlled and monitored.<BR> As a solution for such problems, there is a way of video-recoding the whole process of police interview and making a brief report on its contents. The current written statement is may not be required.<BR> So the effect of introducing the electronic recording is the prevention of human right’s violation through the transparency of the investigative procedure, exact communication of the statement’s contents and meaning, reduction of the investigation time, and improvement in the techniques on the investigators’ listening of the statements, etc.<BR> I suggest the following method to solve such problems.<BR> First, The Criminal Procedure Law must be amended to provide a legal ground for the electronic recording of police interview and to prevent the danger of manipulation.<BR> Secondly, During videotaping of the statement, guardians like the defense lawyer, etc have to participate in.<BR> Thirdly, A manual for a new procedure and the education for the working-level investigators should be developed.<BR> Fourth, In order to nurture the investigation specialists and to sufficiently secure the interview facilities, the establishment of the Police Station that is solely in charge of crime investigation is required.<BR> As a result, introducing the protocol of electronic recording of interview should be considered and realized through a consultation among the Police, Prosecution and the Court.
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윤황 ( Hwang Youn ),지영환 ( Young Hwan Gi ) 한국환경법학회 2006 環境法 硏究 Vol.28 No.2
The research objective of this thesis is to analyze the backgrounds and the significations of establishment, the contents and the characteristics on the Environmental Protection Law(2000) of North Korea, and based on such analysis, to assess the improvements and the problems of this law. The Environmental Protection Law of North Korea is made by North Korea`s Congress in April 1986, thereafter this law is revised in March 1999, and again it is revised in the date 24 July 2000. The Environmental Protection Law of North Korea in 2000 is operating at the present time. This law in 2000 is just what I study. The operative law be composed of all Sub-Section 50 of Section 4. Above all, by a side view of legislation, the enactment of the Environmental Protection Law in North Korea was the starting point of formation of the environmental law` system. This law arose from necessities policy objectives of an environmental pollution measure and the legal or institutional bases of the environmental protection in North Korea`s environmental law for the first time. The institution of the Environmental Protection Law for North Korea has greatly had a significant effect on formation of the environmental law` system. In result, North Korea in the late 1990`s opened out the Age of environmental law and the environmental law` system is completed. Because this law has fundamentally various problems, I draw from the conclusion that this problems is crying out for reform, in the future.
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