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한국피해자학회> 피해자학연구> 병무범죄의 문제점과 개선방안

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병무범죄의 문제점과 개선방안

Articles : The Problems and Improvement Measures of Military Service Crime

남선모 ( Seon Mo Nam )
  • : 한국피해자학회
  • : 피해자학연구 23권1호
  • : 연속간행물
  • : 2015년 04월
  • : 105-134(30pages)
피인용수 : 40건

(자료제공: 네이버학술정보)

DOI


목차

I. 서론
II. 범죄유형
III. 병무범죄 문제사례 분석
IV. 병무범죄 문제점의 개선방안
V. 결론
참고문헌

키워드 보기


초록 보기


						
Recently repetitive military service crime, is causing a major social problem. The military service crime is also referred to as a military service offenses, It is meant pursue criminal charges have been personnel in violation of the military service law. Especially that fraud is mostly wealthy and social leadership. This is likely to construct a discomfort between layers. If we left for the case where, there is a possibility of causing serious social problem. We have shown the significance of data utilization of here. Despite the improvement of the active system in that, there is a constant resistance of daily administration that. Then, this negative view is that the effectiveness of the question in the direction of the improvement is raised. These military crime to induce serious damage. Such essential part is the situation has not been improved. And finally due to the fact that it has been molting this. This is to ensure brings on a sense of relative deprivation. Here, I’ll explain the type of crime. And I was looking for improvements. In particular it must be so can be minimized side effects soldiers system of interest. It should be introduced in stages the volunteers system. The volunteers will strive to be eligible to take the appropriate screening method. In addition, the maintenance of the relevant law should prevail. In addition, there is a need for the introduction of the return system of military service evasion property. In addition we must strengthen the punishment of military service evasion conducive site. It must be expanded enforcement military service public interest. The military service is required spread of honor family system. Now, we need to strengthen the support program of demobilized soldiers. These are, to contribute in order to contribute to the future military development.

UCI(KEPA)

I410-ECN-0102-2015-300-001940205

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1언론보도에 따른 피해자의 2차 피해 구제제도와 그 개선방안

저자 : 강동욱 ( Dong Wook Kang )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 23권 1호 발행 연도 : 2015 페이지 : pp. 5-33 (29 pages)

다운로드

(기관인증 필요)

초록보기

These days, the commercialism of media being intensified, media``s crime reports are getting more incendiary and lewder. When cases of violence to target woman and child occur, the media reports on the identity of victims. And due to this, victims go through the secondary damages besides the direct damages caused by crimes. Hereupon, there are acts and systems to prevent secondary damages of victims due to the media reports. Moreover, for the remedies of secondary damages, besides the civil-criminal punishments, there are special means and procedures of relief separately in 「Act on Arbitration and Remedies, etc. for Damage Caused by Press Reports : AARDCPR」. However, it is difficult to give criminal punishment by bringing criminal accuse the mass media organizations and their workers who caused the victims`` secondary damages, and to win a civil suit against damages or to get adequate compensations even though the victims win in a suit. Even if the measures for remedy in AARDCPR are done, the victims`` recovery from secondary damages is almost impossible. Therefore, the system for preventing the victims`` secondary damages that due to the media should be strengthened and also the remedy against secondary damages which can recover from the damages by enough compensations quickly and simply should be provided. For this, above all, through the revision of AARDCPR and 「Crimes Victim Protection Act」, they should be improved to be effective systems for the remedy of victims. That is, instituting the remedies newly, also it is necessary to complement the compensations systems so that the victims can receive compensations enough. Furthermore, the current remedy means against secondary damages due to the media reports is not functioning properly because of inconvenience of procedure for its and lack of legal help means for the victims. Thus it is required to intensify the legal assistance system for the victims, especially for the women and children victims, in the remedy procedure against damages.

2양형기준제도의 피해자 관련요인이 양형결정에 미치는 효과분석: 성폭력을 중심으로

저자 : 기광도 ( Kwang Do Ki )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 23권 1호 발행 연도 : 2015 페이지 : pp. 35-59 (25 pages)

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Korean Sentencing Guideline(KSG) was introduced in July 1st, 2009 Court Constitution Act, to control the judges' discretion and to improve rational sentencing; 1) assuring severity of punishment and crime deterrence, 2) avoiding disparity and discrimination of sentencing. Since then, sexual crime are applied in KSG. The purpose of this article is to investigate the effect of victim-related-factors on sentence length in sexual assault crime. The data analysed in this study were obtained from sentencing in court of first instance in Korea, kept files in Prosecutorial Guideline System(PGS) of the Supreme Prosecutor's Office. The data consists of a total of 1,577 of sentencing of sexual assault crime sentenced between June 1, 2012 and June 30, 2014. We used ANOVA, Regression Analysis and Logistic regression analysis etc. The results indicate that victim's intimate-family, crime-vulnerable victim, victim's requests on criminal punishment have a significant effect on imprisonment sentencing length, although only victim's requests on criminal punishment has in-out decision(probation/ incarceration) in sexual assault crime. Such results seem to suggest that victim- related-factors are significant factors on sexual assault crime, although offence and offender factors are of primary importance. And we wish this study to contribute to the understand and explanation of effect of victim-related-factors on sentence in our society. From our study, we hope that future research should attempt to develop a more considerable model.

3일본의 번호법 시행을 둘러싼 개인정보보호의 문제와 과제

저자 : 김성은 ( Sung Eun Kim ) , 오정용 ( Jung Yong Oh )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 23권 1호 발행 연도 : 2015 페이지 : pp. 61-81 (21 pages)

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(기관인증 필요)

초록보기

In May 2013, Japan established the “Act on the Utilization, etc. of Numbers to Identify Specific Persons in Administrative Procedures” (hereinafter referred to as “Personal Identification Numbers Act” or the “Act”), as a special law of the Personal Information Protection Act and the Act will take effect in January 2016. The purpose of the Act is to allocate a unique identification number to each of its people and manage the information on social security, taxation and countermeasures against disasters in a monistic manner, thereby improving accuracy and efficiency in inquiring about such information; facilitating prompt exchanges of information with other areas; simplifying administrative procedures; and actively providing the necessary information for the people. The personal identification numbers will contain 4 basic information, i.e. name, address, date of birth and gender. While the scope of application of such personal identification numbers is limited to the 3 areas of social security, taxation and countermeasures against disasters, however, the detailed activities covered by such areas are very extensive, including without limitation maternal and child welfare, disability, long-term care (介護), past medical history, unemployment, income and assets. With the Personal Identification Numbers Act, it can be expected that social security will be more properly provided and application procedures, etc. in the field of taxation will be simplified. On the other hand, it is likely that people's privacy may be violated due to divulgement of personal information or through impersonation of the owners of such personal identification numbers, using their ID's and passwords detected out of such numbers. Taking such potential risks into account, the Act provides that, in principle, such personal identification numbers can only be used by administrative agencies, local governments, etc. exclusively for their affairs related to the areas of social security, taxation and countermeasures against disasters and similar affairs and further prevents possible collusion among administrative agencies and, at the same time, allows them to exchange information, only to the extent permitted in advance, by introducing a 'information network system'. Besides, a 'specific personal information protection and appraisal system' has been introduced to appraise the impact on privacy and such specific personal information in advance and take proper protective measures against such impact when keeping or modifying such specific personal information files and, a 'specific personal information protection committee' was established to monitor and oversee compliance of regulations concerning personal information. Japan's personal identification number system will not take effect until 2016. Since the Act is not in effect yet, concerns over such problems possibly resulting from enforcement of the identification number system have not become a reality. Japan's personal identification number system was introduced to promote the improvement of its people's convenience, alleviation of their burdens and enhancement of their security and safety. In order to achieve such goals, it is really required, first of all, to strike a balance between the promotion of utilization of such personal identification numbers and the aforesaid information network system and the protection of personal information and privacy.

4피해자 없는 범죄에 대한 규제에 관한 소고

저자 : 김혜정 ( Hye Jeong Kim ) , 조상희 ( Sang Hee Cho )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 23권 1호 발행 연도 : 2015 페이지 : pp. 83-103 (21 pages)

다운로드

(기관인증 필요)

초록보기

In the case of crimes related to public order unlike murder or thief is not easy to ascertain what is a concrete harm. As a result, it happens that we can not know who is the victim. It is called “victimless crime”. There is controversy that it is necessary weather it would be defined as a crime and punished. Although victimless crime could be morally condemned because of personality of the actor, but it can be questionable that it should be punished as a crime because harm is not explicitly revealed. Even if there would not occur harm or damage to anyone because of those behavior, it is necessary to define as a crime and punish it because the society makes harm to yourself a standard for judging what is illegal. Communitarianism commands that violating behavior to their own happiness as well as others' happiness should be regulated by law because it regards human being as the social being. In determining the policy for victimless crime, the efficiency as well as the legitimacy should also be a significant factor. That is th why on the one hand, the policy is formed by the perception of social ethics or justice, on the other hand, by social utility or efficiency. We need cautious policy approach for it because the regulatory policy for victimless crime may decrease the effectiveness of law enforcement.

5병무범죄의 문제점과 개선방안

저자 : 남선모 ( Seon Mo Nam )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 23권 1호 발행 연도 : 2015 페이지 : pp. 105-134 (30 pages)

다운로드

(기관인증 필요)

초록보기

Recently repetitive military service crime, is causing a major social problem. The military service crime is also referred to as a military service offenses, It is meant pursue criminal charges have been personnel in violation of the military service law. Especially that fraud is mostly wealthy and social leadership. This is likely to construct a discomfort between layers. If we left for the case where, there is a possibility of causing serious social problem. We have shown the significance of data utilization of here. Despite the improvement of the active system in that, there is a constant resistance of daily administration that. Then, this negative view is that the effectiveness of the question in the direction of the improvement is raised. These military crime to induce serious damage. Such essential part is the situation has not been improved. And finally due to the fact that it has been molting this. This is to ensure brings on a sense of relative deprivation. Here, I'll explain the type of crime. And I was looking for improvements. In particular it must be so can be minimized side effects soldiers system of interest. It should be introduced in stages the volunteers system. The volunteers will strive to be eligible to take the appropriate screening method. In addition, the maintenance of the relevant law should prevail. In addition, there is a need for the introduction of the return system of military service evasion property. In addition we must strengthen the punishment of military service evasion conducive site. It must be expanded enforcement military service public interest. The military service is required spread of honor family system. Now, we need to strengthen the support program of demobilized soldiers. These are, to contribute in order to contribute to the future military development.

6경찰의 범죄 피해자정책 활성화 방안에 관한 연구 -실무 현황을 중심으로-

저자 : 류경희 ( Kyung Hee Ryu )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 23권 1호 발행 연도 : 2015 페이지 : pp. 135-160 (26 pages)

다운로드

(기관인증 필요)

초록보기

Police is the primary state agency to intervene in crisis situations caused by crime. In other words, the police are in a differentiated position for overcoming a crisis and recovery of damage caused by the crime, thus have had a unique significance which should establish and promote effective policies to protect and support victims. Police accordingly established the “Victim Protection Division” a unit to take charge of victim protection and assistance in January 2015, and began to build a foundation for a victim protection activities by specifying the victim``s dedicated police officers. Despite the building dedicated to the victims systems, there is limitation due to the promotion of individual victims policies of each function, the lack of expertise and funding, inadequacy of support systems based on laws and integrated support system, the lack of site response capabilities are caused by awareness of police officers and insufficient training in the professional victim policy. With this reason, this author understand the current situation mainly with the system being conducted by major division of the police, and suggest the activation plan of the police crime victim policy in practical point of view such as the functional intension of the victim protection division, the enhancement of the police officer``s expertise, the development of its own victim policy, the establishment of budget and legal footing, the strengthening of training.

7한,중 범죄피해자 보호 및 지원제도의 비교고찰

저자 : 우도 ( Tao Yu ) , 채희정 ( Hee Jeong Chae ) , 박강우 ( Kang Woo Park )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 23권 1호 발행 연도 : 2015 페이지 : pp. 161-187 (27 pages)

다운로드

(기관인증 필요)

초록보기

Despite improvements of the status of crime victim in the Criminal Procedure, China still clearly has not finalized about the concept and scope of the crime victim. Given the status of the victims in criminal proceedings, it is very important to confirm the notion and the scope of victim. In ancient criminal procedure which criminal suit and civil suit was divided, the victim had an independent right to indict the offender. Without the indictment of the victim, the court itself could not proceed with trial activity. Hence the victim had a prosecutor``s position. But, in accordance with the advent of national prosecution principle, the right to prosecute was given to the state``s or king``s agent. Therefore, the victim had become unable to perform the role of the prosecutor. Victim``s status had lasted for a long time and even after modern Western countries complete the criminal justice reform, and the victim``s status in criminal procedure has not changed. But, victims has been excluded in the criminal procedure, and today the status has been very weakened and marginalized. However, after the Second World War, as the international cooperation for protection of human rights has unfolded, more people have become interested in the status of victim in criminal procedure, and China and Korea also are making a grater effort to improve the status of victim in criminal procedure. This study reviews and analyzed the systems for protecting and supporting crime victims in China and Korea, and suggests some implications for reform of the victim``s right in criminal procedure.

8비공식적 형사합의에 대한 경험적 고찰 -효과, 문제점 및 제도화 방향를 중심으로-

저자 : 안성훈 ( Sung Hoon An ) , 이동원 ( Dong Weon Lee ) , 윤현석 ( Hyun Seok Yoon )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 23권 1호 발행 연도 : 2015 페이지 : pp. 189-210 (22 pages)

다운로드

(기관인증 필요)

초록보기

This study seeks for the possibility of introducing the informal criminal agreement to institutionalize on the criminal matter-related works for the hands-on staff of criminal matters. Through this research, the author could find the followings with regard to the effects and problems of criminal agreement, and the direction of institutionalization. First, the criminal agreement has been evaluated to be the more effective system than any other systems that can contribute to the damage recovery of victims, rapid progress of criminal processes, and the eventual resolving of cases. Second, with regard to the problems that may appear during the criminal agreement, while they were not the level of significant concern in general, there were relatively a lot of opinions on the possibility of conciliation, threat, or coerce during the criminal agreement process. Third, when it comes to the expansion of criminal mediation of system, which is the most practical system among ways to institutionalize criminal agreement, most people were answered positively. Fourth, as it relates to the direction to pursue when institutionalizing criminal agreement, a vast majority of people answered positively on ``monetary compensation, ``recovery of relationship``, ``psychological stability of victims``, and ``sincere regret and apology by assailants``. In this way, the need to institutionalize criminal agreement, which has been recognized thus far as a practice, by incorporating it within the frame of legal system so that it could be a system that has a legal foundation.

9형사사법 분야에서 개인정보의 관리,이용 및 보호의 문제 -형사사법관련 개별정보법의 법률정합성을 중심으로-

저자 : 이경렬 ( Kyung Lyul Lee )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 23권 1호 발행 연도 : 2015 페이지 : pp. 211-239 (29 pages)

다운로드

(기관인증 필요)

초록보기

Act on the protection of personal information is a turning point to protect individuals`` information which has not been properly regulated in other laws. Considering the nature of information, it is necessary to deliberate the balance between protection and utilization of information in interpretation and application of the act. In addition, the consistency between the act and other related laws or regulations is important factor to interpret and apply the act. Criminal justice information has dualism: the information as privacy and as big data used by criminal justice institutes. It should be not only protected to secure privacy but also used and shared to build information society. Criminal justice information such as criminal record is important for related public agencies to investigate criminals, maintain public prosecution and judge criminals. For these reasons it is digitalized and distributed through integrated systems. This paper compares Personal Information Protection Act with other laws in order to examine consistency or coherence between them. It examines whether the existing separate laws regulating the usage of personal information comply with the principles and standards in the act or not. In conclusion, the act regulates that it should be minimized to use personal information even when being agreed. For this reason, the possession or use of personal information without agreement should be strictly restrained or prohibited. Other laws related to criminal investigation, meanwhile, allow public agencies to use personal information such as criminal record without agreement. Considering the con-sistency with the act, the proper and deliberate execution of public agencies is strongly emphasized

10성폭력범죄 전력자 관리제도의 개선방안

저자 : 정신교 ( Shin Kyo Jeong ) , 추봉조 ( Bong Joo Choo )

발행기관 : 한국피해자학회 간행물 : 피해자학연구 23권 1호 발행 연도 : 2015 페이지 : pp. 241-263 (23 pages)

다운로드

(기관인증 필요)

초록보기

Regarding the increasing second crime rate by ex criminals, the Department of Justice aims to amend current Electronic Tagging Act extending to habitual robbery in response to crime prevention starting in 2012. The current provision on Electronic Tagging Acts only applies to the sex offenders, under age kidnappers, and murderers. Especially, due to the fact that the robbery has high potential to be recommitted and become more violent crime like sexual offenses or murders, utilizing electronic bracelet could be effective in violent crime prevention method. The second crimes committed by ex-criminals, especially, sexual offense towards kids and youth has been increasing, threatening our family and peace of the society. The recent crimes have been cleverer, intelligent, and brutal. Furthermore, murder, robbery, rape and gang crime, and sexual offense have high rate of second crime. For instance, 50% of the violent criminals incarnated in prison are the second criminals. Although the government has been aiming to manage the second criminal by utilizing protective supervision and other relating preventions, the survey data on the other hand, has been proving that these provisions are not enough to prevent violent crimes. Therefore, this study intends to introduce the management of second crimes in onshore and offshore, and then suggests the efficient prevention for improvement on violent crimes.

12
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KCI등재

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22권 2호 ~ 22권 2호

KCI등재

법과정책
25권 2호 ~ 25권 2호

KCI후보

일감부동산법학
19권 0호 ~ 19권 0호

KCI등재

과학기술법연구
25권 3호 ~ 25권 3호

KCI등재

상사법연구
38권 2호 ~ 38권 2호

KCI등재

법학연구
27권 3호 ~ 27권 3호

연세 글로벌 비즈니스 법학연구
10권 1호 ~ 10권 2호

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형사정책
31권 2호 ~ 31권 2호

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비교형사법연구
21권 2호 ~ 21권 2호

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국제거래법연구
28권 1호 ~ 28권 1호

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일감법학
43권 0호 ~ 43권 0호

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영남법학
48권 0호 ~ 48권 0호

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민주법학
70권 0호 ~ 70권 0호

BFL
89권 0호 ~ 89권 0호

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법조
68권 3호 ~ 68권 3호

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경찰법연구
17권 2호 ~ 17권 2호

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서울대학교 법학
60권 2호 ~ 60권 2호

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법학논집
23권 4호 ~ 23권 4호

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법학연구
74권 0호 ~ 74권 0호

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한국해법학회지
41권 1호 ~ 41권 1호
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