공모공동정범(共謀共同正犯)에 관(關)한 소고(小考)

서거석 ( Geo Suk Suh ) 전북대학교 사회과학연구소 1981 지역과 세계 Vol.8 No.-

가정폭력에 대한 경찰의 대응실태와 문제점 -가정폭력범죄의 처벌 등에 관한 특례법을 중심으로-

서거석 ( Geo Suk Suh ),김운회 ( Un Hoe Kim ) 한국형사정책학회 2002 刑事政策 Vol.14 No.1

A considerable time has elapsed since a special law against domestic violence (SLDV) was enforced. Nonetheless cases of domestic violence do not lessen but show a tendency of gradual increase. This might be caused by the change in citizen`s attitudes toward domestic violence. They tend to report such cases, if any, to the police rather than conceal or disregard them. On the other hand, lots of research and daily news report show us how prevalent domestic violence is and how serious its side-effect is. Therefore, we need to make our every effort to solve the problems revealed in the police force`s countermeasures to domestic violence. The socio-cultural measures to get rid of violence in our society and the social welfare policies should be taken into account and put into practice. It goes without saying that we need criminal and judicial measures according to which the abusers are punished. Criminal and judicial measures including the intervention of the police force must be amended. It should be pointed out that the countermeasures to domestic violence the police have taken are rather passive. It should be active and positive in that the police have a mission of protecting the human rights at home and maintaining the order of the society. In order for the police to confront domestic violence effectively and systematically, the problems found in the course of enforcing the rules and regulations should be amended. Under the current SLDV, the police assume greater responsibilities and play a more important role than any other organization of law enforcement, but they themselves cannot do anything ; they do not have any autonomous power. It is assumed that people`s blind distrust toward the police has caused them not to have any authority. Under the current structure of law enforcement, we can expect neither the positive will of the police force nor their efficiency. The emergency measure under the SLDV does not allow the police to have discretion in separating the abuser from the victim or arresting the abuser. In order for the police to take any prompt measures, they have to follow somewhat complex procedures to get their temporary measures approved. They have to ask the prosecutor for getting approval of the temporary measures and wait for the judicial decision. Since it takes pretty much time to get the bill approved, it is also inefficient to take temporary measures. Therefore, the police force should be allowed to have discretion in taking emergency measures as in the U.S. and other European countries. In addition, various inefficiencies in enforcing the law are expected to be removed to stop domestic violence in our society. The police force also have to make their every effort to establish standards for criminal investigation and to organize a special squad for the prevention of domestic violence.

외국인범죄의 실태와 대책

서거석 ( Suh Geo Suk ) 한국비교형사법학회 2003 비교형사법연구 Vol.5 No.1

In the process of the shortage of labour power many Asian began to come to Korea in order to make money by working illegally. As many foreigners begin to visit or stay illegally in Korea, crimes by foreigners has become an important issue from the viewpoint of criminology. In the past little attention was drawn to crimes by foreigners The actual conditions of these crimes became aggravated By the way, there are difficulties in the investigation of crimes by foreigners because of language barriers. This paper analyzed phenomena through a study of empirical data, formal statistics, and a host of other resources. And Ⅰ devised proper countermeasures of crimes by foreigners in this paper. The paper conclude that the economic element splayed an important role in the development of criminal activity by alien newcomers. although foreigners of the different nationality commit the different kind of crimes owing to their indigenous cultural and social background, and owing to their situation in Korea. The contents of this paper is as follows. Ⅰ. Introduction Ⅱ. The actual conditions of crime by foreigners Ⅲ. The measures of crime by foreigners Ⅳ. Conclusion

서규석 교수 정년기념호 : 연구논문 ; 공공장소에서 성적 행위의 불법실태와 형사법적 대책

서거석 ( Geo Suk Suh ),옥필훈 ( Pil Hun Ok ) 전북대학교 법학연구소 2006 法學硏究 Vol.24 No.-

논문 : 경제범죄의 개념에 관한 연구

서거석 ( Geo Suk Suh ),옥필훈 ( Pil Hun Ok ) 한국비교형사법학회 2006 비교형사법연구 Vol.8 No.1

共謀共同正犯에 關한 小考

徐巨錫(Suh, Geo Suk) 전북대학교 법학연구소 1981 法學硏究 Vol.8 No.-

김인오 교수 정년 기념호 : 금지의 착오에 관한 고찰

서거석(Geo Suk Suh) 전북대학교 법학연구소 1983 지역과 세계 Vol.10 No.-

공모공동정범에 관한 소고

서거석(Geo Suk Suh) 전북대학교 법학연구소 1981 지역과 세계 Vol.8 No.-

도선사고의 형사법적 고찰

서거석(Geo-Suk Suh),송용섭(Yong-Seop Song),목진용(Jin-Yong Mok) 한국해사법학회 2005 해사법연구 Vol.17 No.2

When considering accidents related to pilotage from the criminal law, the first thing to investigate is whether the pilot breach of duty of due care while in charge of the ship. The Pilot's duty of due care consists of duty to anticipating risk and duty to avoiding risk the consequence. Here, the duty of due care can be said to be based on a common, insightful and considerate person with the same social role of the concerned pilot, concerning objectivity. The general and objective standards shall be the level of navigation and maneuvering techniques and the discretion of the pilotage action, and the particular and specific standards shall be regional background, specialization, and urgency. After the standards of acknowledging criminal negligence are set, there appears the principle with which it is attempted to objectively reduce the extent of criminal negligence, and it is called the legal principle of accepted risk. The principle can be explained as follows: ""When an action with which it is attempted to achieve a highly beneficial goal in the social life, in its nature, has the risk of breaching legal interest, if the action was taken with necessary caution for social life and a certain preventive measure against anticipated risk, the justification cause."" In reality, as the principle of accepted risk is too abstract and comprehensive to play an independent role under the system of criminal law, more concrete role of limiting the objective duty of due care on the part of the person who committed the criminal negligence is played by the rule of trust. The rule of trust was developed through the settlement of on-land traffic accidents and is much applied in the Supreme Court judgments; however, in the case of the precedent of the Supreme Court, we can't say that the rule of trust is applied in the accidents related to pilotage. Still, it seems that the application of the rule of trust in pilotage-related accidents, as in the case of on-land traffic accidents, doesn't undermine equity.

해양사고에 따른 해원(海員)의 과실책임에 대한 형사실무적 고찰

송용섭,서거석,박용욱,Song Yong-Seop,Suh Geo-Suk,Park Yong-Uk 해양환경안전학회 2005 해양환경안전학회지 Vol.11 No.2

해양사고가 발생하게 되면 총론적으로는 해원의 형사책임은 자기부죄의 원칙상 해원이 직접 부담하지 아니할 수 없다. 그러므로 해원의 형사책임에 대한 대책은 형사상의 절차(영장실질심사제도, 구속적부심제도 등)를 최대한 이용하여 자신의 형사책임을 줄이는 방법 밖에는 없을 것이다. 기존법률의 개정을 통해 형벌을 낮추는 것도 하나의 방법이 될 것이다. 각론적으로 벌금 관련한 예로서 현행 해양오염방지법상의 과실로 인한 기름유출사고의 벌금인 3천만원은 유출량에 관계없이 최고액수가 벌금으로 나오는 경향이 있으므로 이를 유출량에 따라 차등화 시키는 것도 고려해볼 가치가 있을 것으로 판단된다. P&I의 벌금납부는 일반의 인식과는 달리 P&I가 법적의무를 부담하거나 P&I납부를 인정하는 경우에만 전보가 가능하다. 이러한 문제를 해결하기 위해서는 새로운 집단적 보험이나 공제제도를 신설하는 것도 하나의 대안이 될 것이다. 또한 해원들은 법률적인 문제에 대하여 전문가가 아니므로 법률적인 문제에 연루되게 되면 변호사 등 법률전문가의 조력을 체계적으로 받을 수 있도록 선주협회나 해기사협회 등에서 대안을 마련할 필요가 있다. (예 농어민무료법률구조지원사업 등). 끝으로 별도의 법률을 제정하든지 그렇지 않으면 기존의 교통사고처리특례법을 개정하여 해양사고부분을 삽입하는 것도 대안일 수 있을 것이다. In general, the criminal responsibility of seaman should always be directly assumed by the seamen, according to the principle of self-incrimination. Therefore, the only possible countermeasures for the criminal responsibility of seamen may be to reduce the responsibility by using criminal procedures (ex. the warrant substance examination system, the review system of legality for confinement as much as possible. Another possibility is to reduce the penalty through the revision of the law. In detail, concerning the problem of fine, the maximum fine for oil spill accidents by criminal negligence is KRW 30,000,000 under the current Ocean Pollution Prevention Act, and when an oil spill occurs, the maximum fine tends to be levied regardless of the amount of the spilled oil; thus, it is judged that grading the fine according to the amount of spilled oil may be worth considering. Regarding P & I's payment of fine, contrary to general belief, it is only possible to make up the loss when P & I takes up the legal responsibility or acknowledges its payment. In order to solve the problem, it is possible to consider the option of introducing new collective insurance program or mutual aid system. Also, as seamen are not specialists in legal issues, the ship owners' association or the marine afficers' association need to develop some program through which they can receive systematic assistance from legal specialists including lawyers when they encounter any legal problems (ex. free legal aid programs for farmers and fishermen). Finally, it may be possible to establish enact new laws or revise the existing Act on Special cases Concerning the Settlement of Traffic Accidents to insert a new section on marine accidents.