음주교통사고의 미필적 고의 적용가능성

차시환 ; 추봉조 ; 정신교 김천대학교 2014 김천대학교 논문집 Vol.35 No.-

There is increasingly high a Crime Rate of Alcohol Impaired Driving and habitual Alcohol Impaired Driving in Korea. But It was a very simple measures and ex post pun-ishments about these problems in Korea. To form a society, it is necessary to have elements of cohesion and unity at the sametime. In order to make the society cohesive and harmonious, regulations and orders should be established. In other words, society should have rules to regulate behavior of citizens. The regulating society is one of roles that politics play. The criminal law is the law which covers the crime and punishment respond to it. So this has the function to protect the interest in thelaw. It is well presented as "nullum crimen, nulla poena sine lege". The principal of legality is adopted to the positive law and the code of legal process. Therefore this principal must be adopted to the both the pos-itive law and the code of legal process. This situation leads to the discord in the both law. Therefore a theory is not accord in the both. If we support the theory of the recognition, we easily accept the theory that the intention is presumed. But we accept the theory of toleration in the positive law, and so the point at issue in the theory of recognition. So we don't support the theory of the recognition. But it is profitable of the proof's liability of a prosecuting attorney. That is the strictness

명예훼손에 대한 ISP의 형사책임

정신교, 추봉조, 차시환 김천대학교 2012 김천대학교 논문집 Vol.33 No.-

ISP is Internet operators means that If you have access to the Internet to take advantage of the general users, businesses, institutions, organizations, etc. Typically refers users to Internet access, Web site hosting, search engines, bulletin board system provides various services, such as those that provide through the Internet. This paper examined ISP's civil liability and criminal liability from point of view of the Criminal Act. As a result, ISP's Criminal liability shall be limited to aiding and abetting by omission' only when ISP's access and control against illegal contents objectively admit-ted. The damage of defamation using the internet is so quick and extensive that in many cases the results from human rights violations due to it happen to be gone to an irreversible state to recover. The thing that will need to be preceded before the criminal law restriction on internet defamation, is the freedom of speech and harmonizing issues It is difficult to draw the exact line for the collision between freedom of speech on the Internet and rights of respect for individuals. In other words, defamation issues should be dealt carefully to protect rights of respect for individuals because cyber space doesn't permit an individual infinite freedom of speech. Basically admitting freedom of speech, a limited responsibility should be asked within the boundary of not violating a personal honor.

각국의 성폭력범죄 비교 및 검토

추봉조 ; 차시환 ; 정신교 김천대학교 2014 김천대학교 논문집 Vol.35 No.-

With women and children for sexualtypical case of rape cases on the rise in our soci ety continue to Yongsan child abuse cases since 2000 (2006.2), the amount Hye, arts events (2007.12). sexuesin case (2009.12), szimgiltae case (2010.2), gimsucheol case(2010 6), Gwangjin housewife murder (2012 08), and the like. May exacerbate the anxiety and fear of the people, for the crime. Accordingly, var- ious measures have poured out competitively government and parliament. Identifying sex offenders, especially public institutions in 2000, 2007 Electronic Monitoring System, in 2010 DNA Database System. 2011 drug treatment is also being implement-ed and the like. The problem is also important to have emerged more powerful than the correspond- ing criminal sanctions to the atrocious crimes of sexual violence, but this is getting so angry criminal sanctions for human rights violations, according to the information is dif-ficult to carry, and also the effectiveness of the policy is to ensure the problem The sit-uation facing the. And now became so difficult to understand the complex system of legal experts and law-related sexual crimes. This study is the analysis, we propose a method to incorporate the structural prob-lems of the Penal Code and the Criminal Penal Code and special laws and regulations in the country for sexual offenses, and review current legislation on sexual violence against international crime. This study analyzes what the nature of the crime of sexual violence response plan that is currently being implemented in the country know, and the problem of comparative legal study such as this throughout the United States, Germany, Japan, the major crimes of sexual violence response system, including the criminal We present a countermeasure for our sexual reality.

공인중개사의 불법행위 유형과 형사책임

정신교 ; 차시환 ; 추봉조 김천대학교 2011 김천대학교 논문집 Vol.32 No.-

The primary purpose of the national real estate brokerage system with their real estate transaction is to take place safely and quickly. Real estate transactions to take place quick-ly and safely, the real estate deal in terms of things there should be no problems with rights, and acquired real estate acquired to be utilized appropriately for the purpose will be that. This paper is analysis the type of prohibited and practices of real estate Broker's law and criminal penalties for violations of this regulation is for the Discussion Korea's Real Estate Section to be recognized as a professional is needed to compen-sate the institutional, real estate broker's aggressive penalties for the illegal acts must be present. Despite of clear evidence of the existence of penalties and the alleged discovery, because it's difficult to prove a direct criminal penalties will be difficult. Therefore, Real estate strict penalties for the illegal types are needed. And it is also needed for improved methods of investigation. And the ethics of real estate brokers is essential.

음주운전 동승자의 형사책임

정신교,추봉조,차시환,Jeong, Shin-Kyo,Choo, Bong-Jo,Cha, Si-Hwan 대한교통학회 2011 교통 기술과 정책 Vol.8 No.2

공인중개사의 불법행위에 대한 형사법적 고찰

정신교(Jeong, Shin Kyo),차시환(Cha, Shi Hoan),추봉조(Choo, Bong Jo) 한국부동산학회 2012 不動産學報 Vol.48 No.-

1. CONTENTS (1) RESEARCH OBJECTIVE The primary purpose of the national real estate brokerage system with their real estate transaction is to take place safely and quickly, the real estate deal in terms of things there should be no problems with rights, and acquired real estate acquired to be utilized appropriately for the purpose will be that. This paper is analysis the type of prohibited and practices of real estate Brokers Act and criminal penalties for violations of this regulation is for the Discussion. (2) RESEARCH METHOD Method of study is abreast of theoretical and method. (3) RESEARCH FINDINGS Korea’s Real Estate Section to be recognized as a professional is needed to compensate the institutional, real estate broker’s aggressive penalties for the illegal acts must be present. 2. RESULTS Despite of clear evidence of the existence of penalties and the alleged discovery, because it’s difficult to prove a direct criminal penalties will be difficult. Therefore, Real estate strict penalties for the illegal types are needed, And it is also needed for improved methods of investigation, And the ethics of real estate brokers is essential.