공원범죄의 피해방지를 위한 합리적인 방안

박찬걸(Park, Chan-Keol) 한국피해자학회 2012 被害者學硏究 Vol.20 No.2

Before constructing parks, it's necessary to formulate plans in the direction of preventing crimes in advance, and follow-up management must be done after constructing the parks completely. If citizens are reluctant to use the parks because public safety is not guaranteed, the reason for being disappears. If the parks do not protect citizens from crimes, it would rather not exist than do harm to them. Rather, it is good policy. In this respect, the current system must be improved, which has no manual for crime prevention being confined to policy of increasing the number of parks. Through the government's expressing its firm will to secure public safety of parks by enacting clear provisions so that the original good will is not distorted to make resting places for citizens, a recognition that illegal acts which make others anxious are punished necessarily must be instilled into park users while taking a sound rest is protected thoroughly. In addition, the police should do the patrols actively in order to prevent crimes in the parks and try to increase street lamps and security CCTV installation in collaboration with the agencies concerned including gu offices. However, it can be said the most important thing to prevent damage of the crimes in the parks is the very civic consciousness. We should keep it in mind that along with continuous efforts by the police and public organizations, a sense of ownership that 'I am the owner of the park' and mature civic consciousness to ‘care for the park like my house’ will make the parks safe without crimes.

Neuromyositis: A Rare Extramuscular Manifestation of Dermatomyositis

( Chan Keol Park ),( Su-jin Yoo ),( In Seol Yoo ),( Jinhyun Kim ),( Seung Cheol Shim ),( Seong Wook Kang ) 대한류마티스학회 2019 대한류마티스학회지 Vol.26 No.3

Dermatomyositis (DM) and polymyositis (PM) are representative idiopathic inflammatory myopathies characterized by symmetric and progressive proximal muscle weakness. Especially, DM is identified by characteristic skin lesions and has many extramuscular manifestations including various cardiac abnormalities, interstitial lung disease, and malignancy. However, involvement of peripheral nervous system in DM/PM is very rare and less known. The term “Neuromyositis” was introduced by Senator in 1893 to describe the concomitant involvement of the peripheral nervous system in DM/PM. Since then, a very few cases of neuromyositis have been reported mainly in the United States and Europe. Therefore, the pathogenetic mechanism and disease progression are unclear. In recent years, a few more cases were reported in Asia, specifically, China and Japan; however, none in Korea. Here, we describe a case of DM-associated neuromyositis in a 42-year-old man in Korea and review previous publications through literature research. (J Rheum Dis 2019;26:211-218)

소년보호처분의 전력을 전자장치부착명령의 요건으로 할 수 있는지 여부에 대한 검토

박찬걸 ( Park Chan-keol ) 한국소년정책학회 2015 少年保護硏究 Vol.28 No.-

Supreme Court recognized that the ruling of the original trial was lawful regarding its dismissal of prosecutor's request for electronic device attachment based on its decision that a past juvenile justice processing history for sexual violence crime in addition to committing a sexual violence crime, which is the criminal fact of this case, by the claimant of non-attachment order does not apply to the case of having committed crime more than twice, which is defined in Subparagraph 3, Paragraph 1, Article 5 of Electronic Device Attachment Act. Despite such provisional conclusion, it is necessary to pay attention to opposing opinions being presented in the supreme court grand bench decision. According to the author's opinion, it is true that the basis of an argument being presented in minority opinions appears to be rather more convincing. This paper will first identify differences in the juvenile ruling procedure and criminal suit procedure regarding the notion of protective disposition and ex officio principle trial procedure Based on such findings, it will review the basic premise for discussion by examining the legal characteristics of electronic device attachment order and past changes in the conditions for electronic device attachment order. Based on such review, it will review main issues of this case by dividing it into specific parts of whether juvenile processing history can be included in ‘sexual crime committed more than twice’, interpretation of Paragraph 6, Article 32 of Juvenile Act, ruling on doer element (habit) in addition to behavior element (sexual violence crime) to conclude the discussion.

성폭력범죄 대처를 위한 최근(2012. 12. 18.)의 개정 형법에 대한 검토

박찬걸(Park, Chan-Keol) 한양법학회 2013 漢陽法學 Vol.24 No.2

Amid the society which has been getting developed in more diverse and complex pattern, sexual assault has also been changed in various ways accordingly but regretfully current criminal law can hardly respond to such patterns. When it comes to analogous intercourse, it’s considered a rape which is subject to severe punishment in advanced nations in including Germany and France where the laws define the rape as “penetration into the body” and then in Korea, on the contrary, ‘genital penetration only is considered the rape’ and analogous intercourse is regarded the indecent assault and moreover, the object of the rape offense is limited to women. And for reasons of respecting the privacy and personality, the sexual assault including sexual molestation, kidnapping, luring, bribing and concealing for the purpose of adultery and rape are defined as the crime subject to victim’s complaint. But in a bid to induce the withdrawal of complaint by the victim, perpetrators rather often threaten the victims or sue against the victim for defamation. Despite of the criminal laws which clearly define the sexual assault as a grave crime, it still remains as the crime subject to victim’s complaint, which is against the intent of the criminal law system. In case of sexual intercourse under pretence of marriage, very few cases in fact undergo punishment. The law limiting the object of illicit sexual intercourse under pretence of marriage to “the women who do not have habitual obscene act” has damaged the sexual identity of the women, which thus shall be abolished. To effectively deal with the sexual assaults developed in diverse patterns and manners, the law to deal with analogous intercourse shall be established and the objects of sex crime shall be expanded form ‘women’ to ‘person’ and the system allowing the crime subject to victim’s complaint and illicit sexual intercourse under pretence of marriage shall be abolished and the revised law incorporating such circumstance, dubbed the 11th revised criminal law, has been currently endorsed recently by the national assembly and will become effective as of June 19, 2013.

성매매처벌법상 성매매피해자 규정에 대한 검토

박찬걸(Park, Chan-Keol) 한국피해자학회 2012 被害者學硏究 Vol.20 No.1

The term 'victim of sexual traffic' means persons falling under any of the following items; (1) A person compelled to engage in sexual traffic by means of a deceptive scheme or by force, or by other means equivalent thereto, (2) A person who has engaged in sexual traffic, while addicted to narcotics, psychotropic drugs or cannabis referred to in Article 2 of the Act on the Control of Narcotics, etc. by person protecting or grading him/her due to business relationships, employment relationships and other relationships, (3) A juvenile, person having no or weak ability to discern things or make decisions, or a person with serious disabilities determined by Presidential Decree who are solicited or enticed to engage in sexual traffic, (4) A person who has been trafficked aimed at sexual traffic. This study explores the victim of sexual traffic related articles in the act on the punishment of acts of arranging sexual traffic, etc., which had been newly defined in the in the Sex-trading Punishment Law different from the similar articles in the previous Prostitution Prevention Law. Then the interpretation and legislation issues of victim of sexual traffic related articles are extracted and relevant improvement suggestions will be given. For this, first, the introduction background of victim of sexual traffic articles and the meanings implicated by such articles are analyzed based on the related official statistics. Next, the four types of victim of sexual traffic concepts defined in Article 2-1-4 of Sex-trading Punishment Law are analyzed in sequence. At the same time, issues in legal system are drawn and improvement suggestions are given. As last, the special articles acknowledged to the victim of sexual traffic such as the prohibition of criminal punishment, the protection measures and the treatment as a case to protect will be examined. Then the discussion will be closed.

아동학대의 대처현황과 가해자 및 피해자 처우의 개선방안

박찬걸 ( Park Chan-keol ) 한국소년정책학회 2014 少年保護硏究 Vol.24 No.-

Child abuse does not stop at inflicting physical and mental pain on a victim child. When the child grows up and becomes a juvenile or an adult, the person has the high possibility of having various disorders such as emotional disorder, physical disorder and behavior disorder. Therefore, child abuse should not be connived by taking it as a family matter and active intervention of society and state is required. A child abuse experienced during childhood causes insensibility toward the pain of others, lack of conscience pang and aggressiveness based on hostility or anger, which lead the child toward misconduct and crime during adolescent period. There is an analysis that most criminals who committed variety of violent crimes suffered child abuse and spent unfortunate childhood. Therefore, the issue of child abuse is the issue of the future generation who will lead our society. The purpose of this study is searching for advanced responding plan on assailants and victim children (as defined in the Child Welfare Act) based on current status of child abuse. In order to effectively resolve the issue of child abuse, it is necessary to learn current status of child abuse first. Therefore, the concept of child abuse in Child Welfare Act will be discussed and current handling status of child abuse will be verified focusing on the child abuse reporting status and child abuse occurrence status. Next, the roles of child abuse related agencies will be learned focusing on child-protection agencies, judicial police management and Family Court(Ⅱ). Next, an improvement plan on the treatment of child abuse assailants will be suggested focusing on the issues in current measures such as general measure, service provision, restriction of parental right and criminal punishment(Ⅲ). As last, an improvement plan on child abuse victims will be suggested focusing on the issues of protection measure, temporary measure and introduction of intermediary system(Ⅳ).

장애인 대상 성폭력범죄에 관한 최근의 입법과 합리적 대처방안 -일명 도가니법에 대한 비판적 검토를 중심으로-

박찬걸 ( Chan Keol Park ) 한국형사정책학회 2011 刑事政策 Vol.23 No.2

Recently, it seems that the Korean political circles react too sensitively to press broadcasting on sexually violent crimes and voices of emotional public opinion. The revised legislation dated in October 28, 2011 on sexually violent crimes targeting disabled persons is not a product of rational results that worried and discussed deeply for a long time in the context like this, so it can be evaluated as a product of emotional results that has suggested alternatives too easily within an ultra-short period. If the movie with the background of Gwangju`s Inhwa school`s incidents was not shown, and if it was not run, the revision work of the Special Law on Sexually Violent Crimes would never be progressed with such fast speed. The content of the revision is being also consistent as exclusion of statute of limitations and strengthening of punishment, etc. so it is a recent situation that a punishment-oriented policy on attackers is taking priority over interests on sexual violence victims. Namely, a problem that the protection of sexual violence victims, etc. are handled carelessly are occurring while performing a strong criminal policy that its effectiveness is not transparent. In addition, though the legislature raises court penalty on sexually violent crimes like this, it is actually difficult that its purpose is straightly reflected to a sentence penalty of a court. When thinking of it, the most suitable measures on sexually violent crimes is considered as prevention through education instead of the strong criminal policy at the head of strengthening of punishment. In this aspect, when a court sentences a judgment of a conviction on a person who committed sexually violent crimes, the clause of ``combined assignment of punishment and learning order, etc.`` of Article 16 of the Special Law on Sexual Violence that is newly established in April 7, 2011 which the learning order necessary for prevention of repeated crime in the range of 300 hours or completion order of a sexual violence treatment program can be assigned dually has a very big meaning. Around 250 years ago, the claim of Beccaria that the rapidity and certainty of punishment are more effective over strictness of punishment in preventing crimes should be recalled once again.

군형법상 명령위반죄의 문제점과 개선방안

박찬걸(Park, Chan-Keol) 한국형사법학회 2011 刑事法硏究 Vol.23 No.3

Article 47, Military Criminal Act of Korea provides that a person violates or fails to obey any justifiable general order or regulation shall be punished by imprisonment or imprisonment without prison labor for not more than two years(Amended by Act No. 9820, Nov. 2, 2009). Although this provision has been right and just, both the interpretation and the application must be careful not to make an arbitrary decision and refrain from making a board interpretation. In this respect, this clause is too vague. Especially, it is not clear concept, content and legislator of ‘order or regulation’. Nevertheless, The Constitutional Court of Korea and The Supreme Court of Korea has handed down its decision with constitutional. However, this trend requires special attention, the Constitutional Court of Korea ruled in 1995 and 2011 that Violation of an Order was indeed unconstitutional, with four out of its nine justices speaking in one voice for the stated ‘second violation of an order judgment’. Article 47 have a matter of great problem in relation to the principal of ‘nulla poena sine lege’. Therefore, an immediate revision of this provision is needed. In conclusion, Article 47 should be abolished. The contents of ‘order or regulation’ which has ruled under Violation of an Order should be dealt to add a clause or disobedience.

형법상 형사미성년자 연령 설정과 소년법상 소년보호처분제도와의 관계

박찬걸 ( Park Chan-keol ) 한국소년정책학회 2013 少年保護硏究 Vol.22 No.-

Various comprehensive measures to root out the school violence are presented as the accidents of school violence occurring successively have been emerged as a serious social problem, inter alia, an argument to lower the criminal liability age is appeared as one of measures to strongly counteract the school violence committed by elementary students or low grade of middle school students. This discussion is a new phenomenon which has not been seen even in the near past, and is thought to have started from the question that the age of criminal minor in current criminal law should be reviewed to be lowered due to lowering the age, getting more outrageous and increasing the second conviction rate of juvenile crime. However, just to increase the criminal punishment through lowering the age of criminal minor is not the best one out of effective measures according to characteristics of the recent juvenile crimes, but to consider the measures to diversify and vitalize the protective disposition system for juvenile offenders in educational aspects seems to be more suitable. Especially, the grounds for argument to be acknowledge such as ① the speed of mental and physical growth of juvenile, ② lowering the age of juvenile crime, ③ getting outrageous of juvenile crime, ④ the correlation and unbalance between lowering the age of juvenile to be in protective disposition in Juvenile Law and lowering the age of criminal minor in Criminal Law and … the infringement of the right to state in judiciary proceedings need to be analyzed more deeply.

가정폭력행위자 대상 상담조건부 기소유예처분의 문제점 및 개선방안

박찬걸(Park, Chan-Keol) 대검찰청 2014 형사법의 신동향 Vol.0 No.42

현행 상담조건부 기소유예제도는 독립적ㆍ개별적으로 기능하지는 않으며, 가정폭력 특례법에서 규정하고 있는 다른 관련제도들과 상호 영향을 끼치면서 운용되고 있다. 따라서 상담조건부 기소유예제도의 효율성 및 유용성에 대한 검증은 동 제도에 대한 자체적이고 개별적 수준의 검토 보다는 형사법적ㆍ민사법적 대응시스템 전반을 염두에 두고, 그 형식과 기능을 유기적ㆍ체계적으로 검토할 필요가 있다. 또한 가정폭력범죄의 특수성과 위험성에 비추어 볼 때, 보다 다양하고 확장된 개입의 영역이 요구되어 지는데, 이러한 차원에서 가정폭력에 대한 여러 가지의 대응전략 가운데 하나로써 상담조건부 기소유예제도의 필요성과 유용성이 과연 인정될 수 있을 것인지, 만약 인정된다면 현행제도에 대한 문제점을 해소할 수 있는 방안은 무엇인지 등에 대한 논의가 현재의 시점에서 절실히 필요한 것이다. 물론 상담조건부 기소유예제도를 통한 우회적인 개입이 모든 가정폭력을 억제할 수 있는 없겠지만, 엄격한 절차에 의하여 선별된 특정한 가해자들에게는 단순한 구금전략보다는 사법적 감독과 결합된 상담프로그램이 가정폭력 문제를 해결하는데 있어서 유용하고도 적절한 대안이 될 가능성을 전적으로 배제하는 것도 지양해야 할 것이다. 그러므로 현행법상의 상담조건부 기소유예제도를 폐지하는 것보다는 그 동안 각계에서 비판적으로 제기되어 왔던 문제점을 보완하는 방식으로의 접근 및 이에 대한 면밀한 검토의 과정을 거쳐 보다 발전적인 상담조건부 기소유예 제도를 운영하기 위한 초석을 마련하는 작업이 그 어느 때보다 시급한 과제로 부상하고 있다고 할 수 있다. 이에 상담조건부 기소유예제도의 시행부터 최근까지 지속적으로 제기되고 있는 여러 가지 문제점을 분석하고, 이를 토대로 동 제도의 효과성을 제고시키기 위한 개선방안을 제시하는 것이 본고의 주된 목적이라고 하겠다. The current indictment suspension system does not function independently/ separately, and it is being administered through mutual effect on other related systems being defined in Special Act on Domestic Violence. As for the verification of the effectiveness and usefulness of the indictment suspension system, it is necessary to organically and systematically review its form and function by considering the overall criminal and civil response system instead of self and individual level review of the same system. Considering the special nature and dangerousness of domestic violence crime, an area of more diverse and expanded intervention is required, and there is an urgent need for discussions on whether the necessity and usefulness of indictment suspension system can be recognized as one of various response strategies against domestic violence and if recognized, what would be ways to alleviate the issues of current system. Although indirect intervention through indictment suspension system will not be able to suppress every domestic violence, it should also avoid the complete exclusion of a possibility that a counselling program combined with judicial supervision, instead of a strategy to simply detain particular inflictors selected through strict procedures, can be an useful and appropriate alternative to solving the issue of domestic violence. Accordingly, it can be said that the task of preparing the foundation for administering more advanced indictment suspension system is becoming an urgent task more so than ever through a process of close review of an approach to supplement the issues that have been critically raised in various circles rather than abolishing the indictment suspension system under current law. Accordingly, the main purpose of this paper is to analyze various issues that have been continuously raised since the implementation of indictment suspension system and present an improvement plan to enhance the effectiveness of the system.