간행물

형사정책 update

Korean Journal of Criminology

  • : 한국형사정책학회
  • : 사회과학분야  >  법학
  • : KCI등재
  • :
  • : 연속간행물
  • : 연3회
  • : 1226-2595
  • :
  • :

수록정보
수록범위 : 1권0호(1986)~30권3호(2018) |수록논문 수 : 654
형사정책
30권3호(2018년) 수록논문
최근 권호 논문
| | | |

KCI등재

1법관의 독립성 혹은 법관에 대한 통제

저자 : 김성룡 ( Kim Sung-ryong )

발행기관 : 한국형사정책학회 간행물 : 형사정책 30권 3호 발행 연도 : 2018 페이지 : pp. 7-32 (26 pages)

다운로드

(기관인증 필요)

초록보기

The Republic of Korea in 2018 will be remembered for its investigations and criminal trials of the abuse of authority by the judiciary. Taking this opportunity, this paper examines the current situation of independence of judges and judiciary and the necessity of control of judiciary or judges in Korea.
First of all, the author points out the problem of judicialism, i. e. rule of judge, not rule of law. The problem is that the judge in the supreme court, not the legislator, decides the contents of the law finally, through a decision(stare decisis).
In order to solve the current question of abuse of the judicial authority, the author discusses whether the independence of the judiciary is reinforced or whether the control over the judiciary is intensified.
According to the author, in order to achieve the independence of the judiciary is necessary to achieve independence in the true sense of the words from the political power. And to become a judiciary with public confidence is necessary to reduce their authority or power by the judiciary and judges themselves. Therefore it is indispensable to control the use of judicial power.
The author also emphasizes the importance of education on basic methodology for interpretation and application of law, to prevent the abuse of the judicial power fundamentally.

KCI등재

2검경 수사권 조정에 관한 법안의 비교ㆍ검토

저자 : 황문규 ( Hwang Mungyu )

발행기관 : 한국형사정책학회 간행물 : 형사정책 30권 3호 발행 연도 : 2018 페이지 : pp. 33-68 (36 pages)

다운로드

(기관인증 필요)

초록보기

The recently discussed Redesign of Investigation System is being conducted in order to remove the obstacles of the prosecution 's infinite power to monopolize the power of investigation and prosecution. However, there are various perspectives in the methodology of how to reform it.
The government, however, has drawn up a government consensus as a concrete measure of prosecution reform. Several Bills have been submitted to the National Assembly to reflect this consensus. These Bills largely meet the need for the Redesign of Investigation System, especially separation of investigation and prosecution. However, there is a high possibility that the method of installing the investigation agency that shows a big difference in the methodology will act as a variable. Nevertheless, since there is a consensus on the intention of the separation of the investigation - prosecution, there is enough room for adjustment.
It is time for the National Assembly to finish the Discussion on the Redesign of Investigation System, even if there is opposition and resistance from the prosecutor.

KCI등재

3수사종결 권한의 경찰 부여와 경찰 권력에 대한 통제 - 검·경 수사권 조정안들을 중심으로 -

저자 : 이경렬 ( Lee Kyung-lyul )

발행기관 : 한국형사정책학회 간행물 : 형사정책 30권 3호 발행 연도 : 2018 페이지 : pp. 69-103 (35 pages)

다운로드

(기관인증 필요)

초록보기

The issue of 'adjustment of investigation authority' presented in the 'Reform Plan of the Power Agency' of the present government does not exclude the possibility of direct investigation and does not offer clear classification standard for the scope of investigation. Thus it leaves the ambiguity of the overall scope of investigation. As for the separation of investigation and prosecution, which has been consistently claimed by the police, the prosecution still has an investigation function. Also, the police's independent warrant request right and the right to terminate the investigation, which are considered as vital parts of independent police investigation, are omitted. Much of the specifics about police independence of investigation or separation of investigation and prosecution remain blank. Furthermore, there are concerns by civil society that cases of misuing National Security Law may reoccur when police are given anticommunist investigative functions.
However, when looking at the rationale of the 'power institution reform plan' even after all these concerns, it can be found that the plan is to give authority back to the people. And that is planned to be done by focusing on 'separation and reorganization' of the auhtority given to each institution rather than targeting the 'reformation' itself. In short, the proposed reforms seem to conceive the possibility of the birth of another monster with the passage of time. This reform should be put in place to prevent the unnecessary process of this regressive volatility from being repreated. Of course, furthure discussions will be held on the National Assembly for the implementation of the such reformed measures. There are too many obstacles to overcome related laws, such as the police law, the criminal procedure law, and the National Intelligence Service Act, Also there are also a number of variables in the legislative process. In this regard, this paper will propose a direction for reforming the power institutions by analyzing the core contents of the important legislation submitted to the National Assembly in relation to the military institution reform plan.

KCI등재

4형법 제10조 제2항의 해석론

저자 : 최준혁 ( Choi Jun-hyouk )

발행기관 : 한국형사정책학회 간행물 : 형사정책 30권 3호 발행 연도 : 2018 페이지 : pp. 107-144 (38 pages)

다운로드

(기관인증 필요)

초록보기

Bis Ende November lautete der Art. 10 des kStGB, also Vorschrift uber Schuldunfahigkeit außer actio livera in causa wie folgende: “Wer wegen einer Geistesstorung nicht die Fahigkeit besitzt, vernunftige Urteile zu fassen oder seiner Willen zu beherrschen, ist nicht strafbar. Ist die im vorangehenden Absatz genannte Fahigkeit wegen Geistesstorung gemindert, so wird die Strafe gemildert.” Aber die Rechtsfolge der verminderten Schuldfahigkeit ist nach der Reform nicht obligatorische, sondern fakultative Strafmilderung. Diese Gesetzanderung ist eine schnelle Reaktion der Gesellschaft auf die schweren Verbrechen, die von sogenannten Geisteskranken begangen sind.
In diesem Aufsatz wurden alte Tendenzen der koreanischen Lehre und Praxis uber das Thema behandelt. Die Schuldfahigkeitsprufung ist zweistufig: Auf der ersten Stufe wird gepruft, ob zur Tatzeit eine Geistesstorung vorgelegen hat, Erst wenn eine psychische Storung festgestellt, wird auf der zweite Stufe untersucht, ob der Tater auf Grund dieser psychischen Storung keine Einsicht in das Unrecht der Tat hatte oder seine Fahigkeit, nach dieser Einsicht zu handeln, erheblich vermindert oder aufgehoben war. Zwischen der Schuldunfahigkeit und verminderten Schuldfahigkeit besteht eine nur quantitative Diffenrenz der psychischen Storung.
Nach h.M. und Rechtsprechung besitzt der Tater mit dem Zustand der verminderten Schuldfahigkeit auch Schuldfahigkeit. Über die Rechtsfolge der verminderten Schuldfahigkeit befindet sich sehr wenige Diskussion. Deswegen hat der Verfasser mit Hilfe der Rechtsvergleichung dieses Problem kritisch untersucht.

KCI등재

5원인에 있어서 자유로운 행위의 해석론에 대한 비판적 고찰 - 유기천 교수의 관점을 재음미(再吟味)하며 -

저자 : 이창섭 ( Lee Chang-sup )

발행기관 : 한국형사정책학회 간행물 : 형사정책 30권 3호 발행 연도 : 2018 페이지 : pp. 145-176 (32 pages)

다운로드

(기관인증 필요)

초록보기

By Article 10 (3) of the Criminal Act being legislated, the Criminal Act was provided a basis for more creative thinking of actio libera in causa. It can be understood that Article 10 (3) of Criminal Act builds on Article 13 (1) of the Constitution of the Republic of Korea and Article 1 (1) of the Criminal Act and recognizes the existence of full capacity of culpability in some cases.
According to Article 10 (3), the 'act' of 'a person who foresaw the occurrence of danger and incurred his/her own mental disorder voluntarily' belongs to the legal elements of the offense. This is not necessarily interpreted as the exclusion of the principle of coexistence of offense and culpability. Professor Paul K. Ryu has already provided a space for interpreting actio libera in causa as the question of whether the full capacity of culpability exists even at the time of the commission of a crime by assuming penumbra situation. The object of culpability blame is the decision making of the offender who acted unlawfully. In the end, the offender who decided to commit a crime culpably in actio libera in causa is responsible for his/her self-determination.
Foreseeing the occurrence of danger and incurring his/her own mental disorder voluntarily are the requirements for the application of Article 10 (3). It can be interpreted that when these requirements are met, the normative·potential culpability capacity is recognized whether or not there is a capacity of culpability at the time of the commission of a crime and actio libera in causa is punished. According to this view, there is no violation of the principle of coexistence of offense and culpability in actio libera in causa.

KCI등재

6형법상 '과실' 판단시 사후과잉확신편향의 영향력에 관한 실증적 연구

저자 : 이지은 ( Lee Jieun ) , 박노섭 ( Park Roseop )

발행기관 : 한국형사정책학회 간행물 : 형사정책 30권 3호 발행 연도 : 2018 페이지 : pp. 177-204 (28 pages)

다운로드

(기관인증 필요)

초록보기

Once individuals learn the outcomes of events, they tend to overestimate the ability with which they could have predicted the event(hindsight bias). Meta-analyses have shown that the hindsight bias is a robust effect, is applicable in a myriad of circumstances, and is difficult to debias. Regarding negligence judgments, legal decision makers must decide if defendants' actions were negligent by determining whether a defendant should have foreseen the potential for harm. However, legal decision makers make these judgments with outcome knowledge that harm did occur, introducing the hindsight bias. The reason why hindsight bias is specially dangerous in negligence judgments is that it means guilty-biased judgments, which is contrary to the constitution, the presumption of innocence.
This study investigates whether hindsight bias affect's legal decision making in negligence judgments in criminal cases in the context of Korea. 149 college students(lay persons) and 185 law school students(legal experts) participated in the experiment, and three scenarios adapted from real criminal cases were used as experiment materials. The front part of the scenarios are all the same, but the contents of outcomes are different ; one scenario contains the injury outcome caused by the actor's behave, another one shows non-injury outcome, and the other one does not suggest any outcome. Subjects rated the actor on negligence. Results indicated that the judgements of law school students were not biased by the outcome information, while college students were affected by the outcome information, showing hindsight bias. Moreover, it can be confirmed through qualitative analysis on the open question about the reason of the judgement that college students are more likely to depend on the 'outcome information' when they make a decision, showing that lay persons are more vulnerable to hindsight bias than legal experts.
This study suggests the necessity of continuous research on the risk of cognitive bias in the investigation and trial by showing the result that the hindsight bias influences the legal decision making.

KCI등재

7과학적 증거의 판단기준과 적용과정에 대한 이해 - 최근 논란이 된 사례들을 중심으로 -

저자 : 김면기 ( Kim Myeonki )

발행기관 : 한국형사정책학회 간행물 : 형사정책 30권 3호 발행 연도 : 2018 페이지 : pp. 205-239 (35 pages)

다운로드

(기관인증 필요)

초록보기

As the importance of scientific evidence has been increasing in the criminal trial, the attention from academics and legal practitioners in scientific evidence has been soared. Many researches have been conducted since the 2000s, and the Supreme Court of South Korea has also made important decisions concerning the standards of examination and evaluation for scientific evidence. But there are still many remaining issues that need to be addressed. In particular, the efforts of criminal justice practitioners to clearly grasp and consistently apply the standards set by the Supreme Court should be strengthened. Ambiguous understanding and application of the standards do not differs from the absence of standards. Moreover, in criminal trials, it is true that, for the purpose of administering justice, the unscientific aspects of scientific evidence could be easily neglected. In order to help criminal justice officials broaden the understanding of scientific evidence, this article explains the nature of 'science', the characteristics of 'scientific evidence', 'the standards of examination and evaluation for scientific evidence', and how it should be applied. Including discussions in the philosophy of science, the relevant articles of the Korean Criminal Procedure Act and the U.S. Supreme Court precedents, and recent controversial cases have been discussed.
It's easier said than done. This is also shown in the discussion of the recent controversial cases. Continued academic research on scientific evidence is highly required.

KCI등재

8형사보상법에서 명예회복제도의 의미와 개선방향

저자 : 김정환 ( Kim Jong Hwan ) , 최자연 ( Choi Jayun )

발행기관 : 한국형사정책학회 간행물 : 형사정책 30권 3호 발행 연도 : 2018 페이지 : pp. 241-264 (24 pages)

다운로드

(기관인증 필요)

초록보기

Act on Criminal Compensation and Restoration of Impaired Reputation(the following 'Criminal Compensation Act') provides that the defendant of a case finalized by a verdict of 'not guilty' may request to publish the final and conclusive written verdict of the case of a verdict of not guilty to restore the reputation. This regulation has it's own meaning since it has concrete system only for restoration of impaired reputation. Normally, it is difficult to avoid injury to a one's honor once people get criminal trial. Even though there is no final and conclusive judgment, people forejudge the verdict as an offender. It is obvious that Criminal Compensation Act is amended for restoration of impaired reputation for such persons and reforming other's belief. Criminal Compensation Act has purpose for recovering the relationship with other people by publication of written verdict of not-guilty, nevertheless, it's utilization rate is remarkably low. This is because there is no supplement and revise action for reality.
The low utilization rate comes from lake of advertisement of written verdict of not-guilty, effectualness of method of public announcement, and one restoration way for all cases. But it is the core that Criminal Compensation Act has reliability and the intent of a full explanation for the case of not guilty. If Prosecutors' Office keep publishing written verdict of not-guilty to maintain the reliability, it may be difficult to raise the utilization rate and complement and progress the system. Therefore, it is desirable that the various levels of courts is enforced to promote and that Restoration of Impaired Reputaion Deliberation Committee which is independent from prosecutors handles the system. Restoration of impaired reputation deliberation committee is able to search their own restoration of impaired reputation plan themselves considering a degree of spread of the case, a degree of social relationship disability and a desired way of restoration of impaired reputation for each defendant of a case finalized by a verdict of 'not guilty'. Restoration of impaired reputation deliberation committee fulfills whole responsibility that prosecutor has restored the defendant's social value.

KCI등재

9고령범죄자에 관한 형사사법절차 개선의 쟁점

저자 : 박형관 ( Park Hyungkwan )

발행기관 : 한국형사정책학회 간행물 : 형사정책 30권 3호 발행 연도 : 2018 페이지 : pp. 265-293 (29 pages)

다운로드

(기관인증 필요)

초록보기

In 2018 Korea's population of those aged 65 or older reached a high of 14.3% of the total population and officially became an aging society. This increase in the elderly population has brought about an increase not only in the number of crimes committed by this sector but also in the types of crime committed. The transition to an aging society necessitates structural changes across society, culture, and the economy as a whole. In the criminal justice field, a paradigm shift has begun in response to the crimes of elderly people.
Criminal justice proceedings against elderly offenders have not been adequately addressed as when compared with juvenile justice procedures. In light of the nature that characterizes elderly crime, it would be inappropriate to treat it in the same manner as crime committed by the typical offender, I.e., by those who do not fit into the category of the elderly. In the process of revamping the existing criminal procedure where the goal is to impose punishment commensurate with the crime, factors such as the offender's physical and mental health, socio-economic level, need for guardianship or trust, prevention of recidivism must be given due consideration as well as the offender's age at the end of the sentence. Henceforth a review of all areas including crime prevention, investigation, trial and enforcement is imperative for a more equitable and appropriate system.
While it is true that elderly offenders may have diminished physical and mental capacities, many still possess social and economic resources that juvenile offenders lack. Therefore, it would not be fitting to uniformly exempt nor reduce culpability solely because of their age. There is a need; however, to establish protective measures for elderly criminals taking into account these special characteristics during the criminal investigation and trial proceedings. Increasing the provision of government appointed legal representation and expanding the use of video recording of the investigation and trial should also be carefully examined. Other issues that must be addressed are the type and extent of the provision of medical treatment, intermediate sanctions, and alternative community corrections. A new act which would comprehensively cover said issues and also establish an exclusive court dealing with this category of crime is imperative. Effective and appropriate action should be taken regarding the prevention of this type of crime and the ensuing treatment of the offender by a prompt revision of criminal procedure for a smoother transition to an aging society.

KCI등재

10학교전담경찰관의 직무특성과 직무스트레스가 조직유효성에 미치는 영향

저자 : 염건웅 ( Yeom Gun Woong )

발행기관 : 한국형사정책학회 간행물 : 형사정책 30권 3호 발행 연도 : 2018 페이지 : pp. 295-325 (31 pages)

다운로드

(기관인증 필요)

초록보기

This study empirically analyzed the job characteristics and the effect of job stress on the organizational effectiveness of school police officers. The purpose of the research is to lay the groundwork for institutional improvement of school police officers.
The analysis showed that the job characteristics, job stress, and organizational effectiveness of school police officers differed between groups according to the demographic distribution of school police officers. Organizational satisfaction was positively (+) affected by 117 related jobs and quantitative roles and Job stress due to role ambiguity and role conflict had a significant negative effect.
Organizational Commitment has a significant negative effect on job stress due to post-management, role ambiguity and role conflict, as a result, it was confirmed that the job characteristics and job stress of school police officers had an effect on overall organizational effectiveness.

1
권호별 보기
가장 많이 인용된 논문

(자료제공: 네이버학술정보)

가장 많이 인용된 논문
| | | |
1연안해역에서 석유오염물질의 세균학적 분해에 관한 연구

(2006)홍길동 외 1명심리학41회 피인용

다운로드

2미국의 비트코인 규제

(2006)홍길동심리학41회 피인용

다운로드

가장 많이 참고한 논문

(자료제공: 네이버학술정보)

가장 많이 참고한 논문

다운로드

2미국의 비트코인 규제

(2006)홍길동41회 피인용

다운로드

해당 간행물 관심 구독기관

연세대학교 광주대학교 서울대학교 고려대학교 동국대학교
 46
 40
 34
 32
 19
  • 1 연세대학교 (46건)
  • 2 광주대학교 (40건)
  • 3 서울대학교 (34건)
  • 4 고려대학교 (32건)
  • 5 동국대학교 (19건)
  • 6 경희대학교 (18건)
  • 7 건국대학교 (18건)
  • 8 조선대학교 (16건)
  • 9 한라대학교 (15건)
  • 10 전남대학교 (14건)

내가 찾은 최근 검색어

최근 열람 자료

맞춤 논문

보관함

내 보관함
공유한 보관함

1:1문의

닫기