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한국형사정책학회> 형사정책> 사형수신드롬에 관한 질적 연구

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사형수신드롬에 관한 질적 연구

ARTI|CLE : Qualitative Study on the Death-row Syndrome

유병철 ( Byung Chul Yoo )
  • : 한국형사정책학회
  • : 형사정책 27권1호
  • : 연속간행물
  • : 2015년 04월
  • : 163-188(26pages)

DOI


목차

Ⅰ. 들어가는 말
Ⅱ. 사형수신드롬에 관한 선행연구
Ⅲ. 질적 연구의 방법론
Ⅳ. 사형수의 환경과 경험
Ⅴ. 맺음말: 사형수신드롬 적용 가능성

키워드 보기


초록 보기

 
This article relates to criminological implications how physical circumstances and psychological experiences harmfully affect death-row prisoners. They should have been executed right after their final verdict, however, they have endured their life for long period of time without execution. Since they can be put to death legally and practically at any time, they have lived under the extreme stresses and experienced deathlike fears for the long time. With a stigmatized red name-tag outrightly different from others, their everyday life on a death row has been lonely and disconnected causing the fear of death. None has discussed the so-called death-row syndrome and the circumstances and experiences of death-row prisoners in Korea. As an active prison warden, the author interviewed in-depth thirteen convicts on death-row and analysed qualitatively their narratives about their physical circumstances and psychological experiences. Recently they could get along with other prisoners in prison cells and participated in working at prison factories. For all the changed conditions of death-row prisoners, the article discloses that their conditions and experiences relate to the so-called death-row syndrome. It is proved by delayed execution, poor conditions, and deteriorated psychological sufferings. Therefore, death-row syndrome should be considered on the issues of the abolition and execution of death penalty.

ECN

ECN-0102-2015-300-001998756


UCI

I410-ECN-0102-2015-300-001998756

간행물정보

  • : 사회과학분야  > 법학
  • : KCI 등재
  • : -
  • : 연3회
  • : 1226-2595
  • :
  • : 학술지
  • : 연속간행물
  • : 1986-2018
  • : 644


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발행기관 최신논문
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1한국형사정책학회 창립 전후 -회고와 전망

저자 : 한인섭 ( In Sup Han )

발행기관 : 한국형사정책학회 간행물 : 형사정책 27권 1호 발행 연도 : 2015 페이지 : pp. 9-25 (17 pages)

다운로드

(기관인증 필요)

초록보기

Korean Association of Criminology[KAC] was founded in 1985. Prof. Lee Soo Sung, Seoul National University, initiated its founding, and led it for first four years as its president. In order to advance interdisciplinary studies, he gathered academic scholars who were professionally trained from sociology, psychology, and criminal law. Legal practitioners on criminal justice became another partners as KAC members. From the initial period, KAC was a melting ground for multiple fields academics and for theoretical-practical professionals. Since 1986, Korean Journal of Criminology[KJC] was published on the annual basis, and is now advanced to be published three times annually. Various topics were covered at KJC. Sometimes, ex-offenders who were imprisoned for long-term period were invited, and made a presentation on their actual experience inside the wall. Now, KJC is proud of one of the highest impact factor journals among law field. In the near fututre, KAC is expected to be center for critical debates and really interdisciplinary studies. KAC's founding statement in 1985 says; Science and human rights should be the two pillar for criminology and criminal justice. Policy without science tends to be blind and convenient, and the policy without human rights takes people as a object of oppressive control. Such a statement is of course valid in the present time.

2특집 1 : 의원발의 형사입법과 형사정책 ; 19대 국회 의원발의 형법개정안 검토 - 형법총칙과 각칙을 중심으로 -

저자 : 조국 ( Kuk Cho )

발행기관 : 한국형사정책학회 간행물 : 형사정책 27권 1호 발행 연도 : 2015 페이지 : pp. 29-54 (26 pages)

다운로드

(기관인증 필요)

초록보기

The objective of this Article is to review the Penal Code Revision Bills initiated by legislators in the 19th National Assembly. Assemblymen submitted bills related with criminal issues that attracted the attention of the public mass. For instance, bills to revise criminal responsibility so as not to exempt the responsibility of the defendants who committed a crime under the influence of alcohol or drug, and bills to reconstruct the current monetary penalty system, which has been criticized for “inequality of penalty effect.” These bills are political efforts to reflect in the Penal Code requests by the public mass. However, the bills are found to adopt hard-line criminal policy that depends on heavy and harsh punishment, and disregard systematic coherence with other criminal acts. On the other hand, many bills were initiated to revise the Special Part of the Penal Code. They were to update the Special Part, revising corpus delicti or providing new defenses.

다운로드

(기관인증 필요)

초록보기

Today when democratization has been achieved and the people demand for increasing legislation activities of the national assembly, lots and lots of legislative bills are proposed/submitted to the national assembly. An increasing quantity of legislative bills proposed by lawmakers may be positively regarded since the national assembly and the government actively respond to the people``s demand for legislation, but there is still a problem that, as some criticize, the quality of the bills has remarkably deteriorated. Criminal laws must not be legislated for the sake of populism or lobby purposes and/or benefits or performances of any member of the national assembly because the laws can immediately lead to restraint on the freedom of the people and/or infringement upon human rights. Nevertheless, an increasing number of bills is proposed by lawmakers and the bills are very easily revised and/or abolished according to public opinions; and furthermore, already repealed bills are proposed once again if a new session of the national assembly is begun. This thesis is aimed to analyze how the same bills proposed by lawmakers of the national assembly in its 17th through 19th terms have been recycled or discarded, with a view to suggesting right directions for the Legislative Department of the national assembly to support lawmakers`` legislation. The roles of lawmakers who originally draw up bills and of the Legislative Department of the national assembly are important to intensify the professional traits of the legislation. Considering that criminal legislation results in such bills as can lead to physical arrest of the people and restriction on human rights, it is necessary that more pain and care should be taken and reference should be made to advices and/or research results from experts before a bill is established and/or revised. At this juncture, three suggestions are made in relation to the roles of the Legislative Department of the national assembly. First, sufficient and proper reasons should be indicated and a relevant public hearing be held before a bill is proposed for reconsideration by the Legislative Department of the national assembly. Second, a regulation need be set up so that the same bill cannot be proposed by no other lawmaker who has originally done it. Third, so many fragmentary bills are proposed that the quality of them cannot be practically evaluated; yet, prizes for excellent achievement are conferred on such legislative officers and/or lawmakers as have drawn up the bills. The quantitative system for legislation need be improved so that excellent bills proposed by superior legislative officers or lawmakers may be open to the public.

4특집 1 : 의원발의 형사입법과 형사정책 ; 의원발의 형사입법과 법제실의 역할

저자 : 조현욱 ( Hyun Wook Cho )

발행기관 : 한국형사정책학회 간행물 : 형사정책 27권 1호 발행 연도 : 2015 페이지 : pp. 83-112 (30 pages)

다운로드

(기관인증 필요)

초록보기

This article goes on the Assembly members Initiative Criminal legislation and Role of Legislative Counselling Office(LCO). According to a recent survey ranging from the Constituent Assembly on the 19th National Assembly 470 cases of the laws passed by the National Assembly was determined unconstitutional by the Constitutional Court. This article point out the problems of the Assembly members Initiative Criminal legislation and to investigate what role the LCO as legislative support organization. And forward Assembly members Initiative Criminal legislation and LCO should investigate and discuss together about what is desirable move. The Problem of Assembly members Initiative legislation are unconstitutionality review inability to bill, lack of review time legislators initiative legislation and enhanced criminal penalties legislative trends. The LCO assists Assembly members in motioning bills. Improvement for enhancing the role of the LCO are recognizes the importance constitutionality review, self-control of reproduction of waste legislation and withdraw the request for proposals acceptable to the current law, legal experts training and legal education and introducing real name system of first bill drafters. Expects Assembly members and LCO give it a bigger role than in the integration process your duties in Assembly covering the overall criminal justice system.

5특집 2 : 아동학대범죄와 형사정책 ; 아동학대에 관한 형법적 대응의 의미와 과제

저자 : 김성규 ( Seong Gyu Kim )

발행기관 : 한국형사정책학회 간행물 : 형사정책 27권 1호 발행 연도 : 2015 페이지 : pp. 115-136 (22 pages)

다운로드

(기관인증 필요)

초록보기

Child maltreatment is an intimate and complicated form of harm; those cases have unique characteristics that make them different from other types of violence cases. It has been suggested that child maltreatment should be recognised as criminal offending, however, at the same time, it has been also warned that its criminalisation could inflict further harm to children. In South Korea, the Act of the Punishment of Child Abuse Crimes entered into force on September 29, 2014, which is designed to assist the operation to help protect children from being victimized and to improve the investigation of child maltreatment cases. This article explores Korea's legislative approach to develope recommendations to combat child maltreatment for the purpose of child protection more effectively. It also discusses the potential of the conventional criminal justice system to deter and reduce child maltreatment, and the function of restorative practices, through which the abuser is given a clear understanding of the impact of his or her actions on the victim, as well. Finally, it reviews procedural issues that arise in the prosecution stage of a child maltreatment case. The role of law enforcement in child maltreatment cases is to investigate to determine if a violation of criminal law occurred, identify and apprehend the offender, and file appropriate criminal charges. Yet, it has been argued that child maltreatment should be considered within the broader context of child health and social welfare, with a focus on prevention. Consideration is given to the capacity of criminal sanctions to shape the behaviour of offenders, and to the impact of criminal intervention in child maltreatment cases on the processes of child protection.

6특집 2 : 아동학대범죄와 형사정책 ; 아동학대범죄의 개념과 처벌에 관한 법리적 검토

저자 : 류부곤 ( Bu Gon Ryu )

발행기관 : 한국형사정책학회 간행물 : 형사정책 27권 1호 발행 연도 : 2015 페이지 : pp. 137-159 (23 pages)

다운로드

(기관인증 필요)

초록보기

About the penal terms for the child abuse in korean 'Child Welfare Act' and 'special Act on Punishment of the Child Abuse', this thesis highlights the illegal characteristics of the child abuse and argues the coverage of penal terms and the necessity of punishment compared to the normal criminal factor. At first, about the punishment of emotional abuse, the conduct of emotional abuse in Child Welfare Act is for the protect of health, welfare and well-growth of child. So it should be treated with separate type of crime, because the emotional abuse and normal criminal abuse are different from the contents and dimension. This is also true for the physical abuse which is included the physical damage. But it is needed to improving the current regulations to more detailed forms to consistent with the principle of clarity. On the other hand, current criminal regulation for the neglect act does not have a legislative adequacy in terms of universality and abstractive omission. Child abuse commonly has a problem about distinction with the discipline conducted by parents or child care teacher. In this case, if we can recognize the damege of child victim definitely, then we should concede it as a child abuse crime in principle, but to restrain the excessive criminal intervention the introduction of regulation for the special terms of illegality exclusion like a Article 20(socially just acts) in korean Criminal Law can be discussed. In addition, to complement the problem caused by legislative-technical limitation of crime factors for child abuse, some institutional plan for the professional investigative procedures should be debated.

7사형수신드롬에 관한 질적 연구

저자 : 유병철 ( Byung Chul Yoo )

발행기관 : 한국형사정책학회 간행물 : 형사정책 27권 1호 발행 연도 : 2015 페이지 : pp. 163-188 (26 pages)

다운로드

(기관인증 필요)

초록보기

This article relates to criminological implications how physical circumstances and psychological experiences harmfully affect death-row prisoners. They should have been executed right after their final verdict, however, they have endured their life for long period of time without execution. Since they can be put to death legally and practically at any time, they have lived under the extreme stresses and experienced deathlike fears for the long time. With a stigmatized red name-tag outrightly different from others, their everyday life on a death row has been lonely and disconnected causing the fear of death. None has discussed the so-called death-row syndrome and the circumstances and experiences of death-row prisoners in Korea. As an active prison warden, the author interviewed in-depth thirteen convicts on death-row and analysed qualitatively their narratives about their physical circumstances and psychological experiences. Recently they could get along with other prisoners in prison cells and participated in working at prison factories. For all the changed conditions of death-row prisoners, the article discloses that their conditions and experiences relate to the so-called death-row syndrome. It is proved by delayed execution, poor conditions, and deteriorated psychological sufferings. Therefore, death-row syndrome should be considered on the issues of the abolition and execution of death penalty.

8수난구호법상 구조의무의 범위와 몇 가지 문제점

저자 : 김태수 ( Tae Soo Kim )

발행기관 : 한국형사정책학회 간행물 : 형사정책 27권 1호 발행 연도 : 2015 페이지 : pp. 189-206 (18 pages)

다운로드

(기관인증 필요)

초록보기

Unlike land accidents, accidents on the surface of the sea or inland water cannot but lead to great tragedy like the Sewol ferry disaster unless the accidents are rescued quickly. As a result, in case that the accidents on the surface of the sea or inland water happen, the Rescue and Aid at Sea and in the River Act has been enforced in order to rescue quickly. In particular, The proviso of Article 18(1) of the Rescue and Aid at Sea and in the River Act provides that it imposes rescue duties on the captain and crew of ships, even though they have intention, negligence, or do not have any negligence so that in the case of implementing such rescue duties, they shall be punished. The proviso of Article 18 of the Act has several problems. First of all, it is reasonable enough to impose a rescue duty on the crew, etc who does not have any negligence with a shipwreck in rescue society under the principle of distribution of danger or in the dimension of societal solidarity. However, imposing a criminal punishment in the case of violating the rescue duty can be contrary to the principle of liability, no punishment without liability. Consequently, it is reasonable to regulate an administrative order punishment rather than criminal liability if there is no negligence. Secondly, the proviso of Article 18(1) of the Rescue and Aid at Sea and in the River Act provides that failure in the duty without distinguishing intention from negligence as an accident cause of shipwrecks has a same statutory punishment. However, a special law of the Rescue and Aid at Sea and in the River Act, the Act on the Aggravated Punishment of Specific Crimes provides that it punishes aggravatingly only if an accident is caused negligently. This regard needs to be revised because the principle of appropriateness or people``s feelings of law seems to be contrary to the fact that a person who causes an accident intentionally has a lower punishment than a person who causes it negligently even though the former has more violation than the latter. Thirdly, a captain and crew have a same legal punishment unless they fulfill a rescue duty in the case of shipwreck. However, the captain has much more power than anyone else and on the contrary to this, the crew is imposed on the duty to obey to his or her superior so that in case that he or she does not fulfill the rescue duty, it is not reasonable that the captain and crew have a same legal punishment, which needs to be revised.

9자치경찰제 대안 모델: [경찰 치안특별구역]별 자치경찰제

저자 : 이창훈 ( Chang Hun Lee )

발행기관 : 한국형사정책학회 간행물 : 형사정책 27권 1호 발행 연도 : 2015 페이지 : pp. 207-240 (34 pages)

다운로드

(기관인증 필요)

초록보기

The aim of this study is to pinpoint limitations within the previous models for regionalization of policing in Korea, and to provide an alternative model, which is named as [Police District Regional Police System]. The previous models for regional police system commonly suggest that regional governments maintain authority over police organizational structure, human resources, and financial supports for regional police organizations. This aspect of the previous models will result in politically dependent police organizations. Thus, the current study suggested that regional division of police shall be based on specific demands for police service, and create police districts independent from the existing governmental administrative regions. By creating police own administrative districts, police can be politically independent and carry out policing activities and policies targeting specifical demands in different regions. This is the hope that the current study ignites discussion for better regional police system for the people in South Korea.

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67권 5호 ~ 67권 5호

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35권 3호 ~ 35권 3호

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71권 0호 ~ 71권 0호

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23권 1호 ~ 23권 1호

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32권 0호 ~ 32권 0호

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31권 0호 ~ 31권 0호

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법과 사회
29권 0호 ~ 29권 0호

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27권 4호 ~ 27권 4호

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25권 3호 ~ 25권 3호

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