백카리아의 古典刑事學에 관한 硏究

陳癸鎬 전주대학교 정책과학연구소 1986 정책과학논총 Vol.2 No.-

In the broad scope of history, there are two basic types of theories of crime. One relies on spiritual, or other-world, explanations while the other relies on natural, or this-world, explanation. Spiritual explanations of crime are part of a general view of life in which many events are believed to be the result of the influence of otherworldly powers. In the Middle Ages in Europe a spiritual view of the world was joined to the political and social organization of feualism to produce the beginnings of the criminal justice system. In opposition to this spiritual explanations of crime, natural explanations make use of objects and events in the material world to explain the same things. The early Phoenicians and Greeks developed naturalistic, this-world explanations far back in their history. By the first century B.C. Roman thought had become thoroughly infused with the naturalism of the Greek scholars. In the sixteenth and seventeenth centuries writers such as Hobbes, Spinoza, Descartes, and Leibniz studied human affairs as physicists study matter, impersonally and quantitatively. Modern social science continues this natural emphasis. Then, the classical and neoclassical schools represent an abandoning of the supernatural as an explanation of criminal behavior. The early classical criminologists argued that humans act on the basis of reason and intelligence and therefore are responsible for their own actions. In this view humans are said to be capable of understanding themselves and of acting to promote their own best interests. And the key to social progress is said to be intelligent behavior brought about by careful training and education. Thus, the classical school marks the beginnings of the rationalistic, bureaucratic approach to criminal procedure.

刑罰의 本質에 관한 새로운 理解

陳癸鎬 전주대학교 정책과학연구소 1988 정책과학논총 Vol.4 No.-

So far as concerned with the nature of punishpent, the theory of retribution and that of purpose, education and rehabilitation have maintained that they are right each other. The theories of such punishment are ultimately dependent on the differences in view of value or punishment as well. In fact , the classical theory of punishment, under which the nature of punishment should be retribution itself is mere evil carried upon convicted person, is bound to be criticized both for being lack of reasonableness and humanitarian argument. The most outstanding reason behind it can be deduced from the fact that we aren't canpletely wrong in moral and we are doubtful as to freedon of an individual. Originally, free will under punishment of retribution has been a core of thinking method for socjal affairs. Thus law in general, especially criminal law has made it the beginning point that responsibility depends upon free will. Such a way of thought asks only for responsibility, not for distributive decision of free will toward future. However, the latter half of 19 century, the development of natural science has made us to realize even our spiritual phenomenon to be influenced by law of cause and effect through actual proof. Thus , the consideration, when applied to field of criminal law, has forced to enhance political meaning of criminal law, has forced to enhance political meaning of criminal law by actual proof. The fact described above has given strong basis for taking purposeful of punishment. Then, today's prevailing educational punishment belonging to a kind of purpose ful punishment which seeke the nature of punishment from a stage of execution with regarding the nature of punishment the same as the purpose of punishment, insists that a crime is a symptom of criminal's antisocial character, and that punishment as a method of crime prevention is to educate convict's antisocial character essentially. But educational punishment should be necessarily criticized as follows : (1) there is an inconsistency that "education" word for a convict can be grasped in a meaning like convict's better treatment. (2) thus, such concept of education comes to become an abstractive concept extremely on all of correctional operations. (3) education for a convict in the content of education can be misunderstood as that of the education of common school. I dare to assert that, from above facts, the nature of punishment should be grasped as rehabilitative punishment for convicts. When 1 clarify the nature of punishment according to the theory of rehabilitation, punishment is not mere a pain to a criminal, but making himself recognize an evil and abstaining in moral motive from committing again.

刑法上의 故意

陳癸鎬 전주대학교 사회과학연구소 1995 社會科學論叢 Vol.11 No.-

Intention means a recognition about the realization of objective constituent requisites as well as a thought to realize it. Intention in here as an unified body of intellection and volition must be distinguishable from an unlawful consciousness. Because an unlawful consciousness means dolus malus in connection with value. Intention is again distinguished from a desire or a thought to act. Because the desire has no the notion of purpose and the thought to act has willingness. Intention is the recognition of fact about the constituent requisite of crime. There are, then, many disputes about where such an intention contains just only intellectual element or violitional element in the case of recognition in here. There are theory by recognition and theory by intent about above disputes. But negligence with recognition and accidental intention can not be distinguishable evidently when we grasp the intention by any one of recognition or thought. The nature of intention must be accordingly grasped by both elements of intellectual element and volitional element. There are theories which want to grasp the systematic position of intention as the element of responsibility or constituent requisite. But the systematic position of intention must be understood as the element of constituent requisite when we divide the requisite of crime into comformability into constituent requisite, illegality and responsibility. Lastly, the intention can be classified into direct intention and accidental intention or selective intention and general intention etc. What can be ploblem in here is upon the distinguishment of accidental intention and negligence with recognition. But the distinguishment of them must be understood by susceptible theory. Because the volitional element as an element of intention must be realized by thought which actor determined his action.

刑法 제21條의 解釋論

진계호 전주대학교 비교법학연구소 2004 비교법학 Vol.4 No.-

保安處分에 關한 硏究

陳癸鎬 全州大學校 1981 論文集 Vol.10 No.-

There are many discussions on measure of safety in the circle of criminal law students. It is usual that criminal law comprises not only the penalty in sanction about past crime but also the measure of safety aiming at prevention of future crime when we consider penalty into the measure of social prevention or rehabilitation in its nature. Our criminal law alone does not comprise measure of safety into the contents of criminal law, but each country comprises measure of safety into the contents of criminal law as remarked following discussions. Although the theory of this study is divided into dualism and monism on the connection of penalty and measure of Safety, when we, in fact, consider the nature of penalty into social prevention or the measure of social rehabilitation, the final end of criminal law is based on monism in penalty and measure of safety, I think. Then, it is well known that measure of safety was frequently used for the maintenance-function of political systems apart from the aim as to protective measure in welfare for protection of the social weak in the light of humanism. Thus, thought which principle of legality is the most important Bill of Rights arose again since the second World War. In here, we must keep in mind that there must be moral permissions upon the indixidual as well as requirements for the public safeties in the exercise of all measure of safety.

刑法上의 故意

陳癸鎬 全州大學校 大學院 1995 全州大 論叢 Vol.6 No.-

Intention means a recognition about the realization of objective constituent requisites as well as a thought to realize it. Intention in here as an unified body of intellection and volition must be distinguishable from an unlawful consciousness. Because an unlawful consciousness means dolus malus in connection with value. Intention is again distinguished from a desire or a thought to act. Because the desire has no the notion of purpose and the thought to act has willingness. Intention is the recognition of fact about the constituent requisite of crime. There are, then, many disputes about where such an intention contains just only intellectual element or violitional element in the case of recognition in here. There are theory by recognition and theory by intent about above disputes. But negligence with recognition and accidental intention can not be distinguishable evidently when we grasp the intention by any one of recognition or thought. The nature of intention must be accordingly grasped by both elements of intellectual element and volitional element. There are theories which want to grasp the systematic position of intention as the element of responsibility or constituent requisite. But the systematic position of intention must be understood as the element of constituent requisite when we divide the requisite of crime into comformability into constituent requisite, illegality and responsibility. Lastly, the intention can be classified into direct intention and accidental intention or selective intention and general intention etc. What can be ploblem in here is upon the distinguishment of accidental intention and negligence with recognition. But the distinguishment of them must be understood by susceptible theory. Because the volitional element as an element of intention must be realized by thought which actor determined his action.

刑法上의 不能未遂論

陳癸鎬 전주대학교 사회과학연구소 1996 社會科學論叢 Vol.12 No.-

The incapable attempt is a case to be punished into a would-be criminal because of dangerousness even if the occurrence of effect is impossible. The incapable attempt is accordingly distinguished from hallucinatory crime or superstitutious crime ets. The hallucinatory crime is a case to misrecognized his action to be come under a kind of prohibited norm not even being existence, the superstitious crime is a action to realized some kind of crime by depending on the forces of super-nature. The incapable attempt is also distinguished from incapable crime. It is because that the incapable crime is a kind of crime for convenience, sake can not be punishable because of the nonexistence of dangerousness. There are theories of Quasi-incapable crime, deficient attempted crime, attempt by mistake, incapable crime to be punishable etc, about the character of article 27 of the Criminal Code. But I think the theorie of incapable attempt to be valid. It is because that the article 27 of the Criminal Code provides an incapable attempt as an dangerous action. Actor must start in practice with intent to be an incapable attempt. It requires that the occurrence of effect must be impossible and be dangerous because of the mistake of object or the means of practice for other peculiar requisities of incapable attempt. There are an old objective theory, the theory of actual incapable attempt and legal incapable attempt, the theory of concret dangerousness, the theory of abstract dangerousness, the subjective theory, the impressive theory or the theory of subjective dangerousness etc, for the standard to decide the dangerousness of incapable attempt. But I think the theory of subjective dangerousness to be valid. It is because that the theory of subjective dangerousness can regulate the dangerousness of subjective actor and the Judgement of objective dangerousness very well.

刑事訴訟法上 傳聞法則의 例外規定

진계호 전주대학교 비교법학연구소 2000 비교법학 Vol.1 No.-

保護觀察制度에 관한 硏究

陳癸鎬 전주대학교 비교법학연구소 2003 비교법학 Vol.3 No.-

Study on Effect Mechanism of Flow Characteristics Deviation on Low Frequency Oscillations

Jin, Tan,Ge, Jin,Sun, Cai 대한전기학회 2014 The Journal of International Council on Electrical Vol.4 No.1

This paper focus on low frequency oscillations induced by the flow characteristics deviation of steam turbine. The causes and features of flow characteristics deviation are analyzed and described first. The coupling model between thermodynamic system and power system was established for time-domain simulation analysis, in an attempt to find out the effect mechanism of flow characteristics deviation on low frequency oscillations. The effect of flow characteristics derivation on the responses characteristics of turbo-generator is analyzed through simulation. Results indicate that the flow characteristics deviation is apt to cause low frequency oscillations. Both the amplitude and the speed of oscillations are related to the extent of flow characteristics deviation.