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      • KCI등재

        사이버범죄에 대한 국제적 대응방안

        정정일 한국보안관리학회(구 한국경호경비학회) 2005 시큐리티연구 Vol.- No.10

        As with the vast array of computer technology and its rapid development, along with the entry of the internet as one of the necessities of life, the so-called cyber space has become a vital component of our modern day living. While such cyber space has provided the society with much convenience and utility as to the gathering and acquiring of information, crimes involving cyber space has accordingly increased in both number and form, Nevertheless, the conventional law as existed before the development of the cyber space were unable to meet the demands of this new breed of crime, which inevitably led to the gap in the government ability to punish such criminals, Thus, in response to the rising number of cyber crimes, a large number of nations have either created or is in the process of committing human and financial resources to strengthen the investigative powers relating to cyber crimes and creating a new area of prohibiting such crimes. As a overview of cyber crime, (1)defines the terms, describes features of cyber crime, (2)explains the international prevention necessity of cyber crime, and (3)the necessity of legislating the cyber crime Fundamental Act (4)the recognition of the evidential values on the confiscated electronic records and reviews types of cyber crime including cyberterror. Lastly, emphasizes necessity on international cooperation for prevention of cyber crime as usual.

      • KCI등재

        총기 안전 관리를 위한 스마트 잠금 시스템에 관한 연구

        정정일 한국융합보안학회 2016 융합보안 논문지 Vol.16 No.2

        최근 심각한 사회문제로 제기되고 있는 총기사고는 사회적 불안감과 경제적 어려움으로 인하여 극단적 형태의범죄로서 우리 주변에서 일어날 수 있다는 점에서, 총기 사고에 대하여 우리나라도 더 이상 안전지대가 아니라는사회적 인식으로 국민들의 불안감은 점점 높아지고 있다. 이를 개선하고자 경찰과 학계에서는 다양한 정책 제안과 제도 변경을 통한 대책마련을 내놓고 있다. 하지만 실효성 문제와 근본적인 대안이 될 수 없다는 의견들과 기술적 측면에서의 접근적 연구가 미흡 실정이다. 이에 본 연구에서는 기술적 측면에서 보다 실효성 있는 총기안전장치 시스템을 제안하였다. As an extreme-type crime caused by social anxiety and economic hardship, firearm accidents recently risin g as a serious social problem are gradually increasing the national anxiety as people start realizing that Kore a is no more a safety zone for firearm accidents. In order to improve it, the police and academia are presentin g measures through the suggestion of diverse policies and also change of system. However, there are not suf ficient researches in the aspect of technology while some people argue that they cannot become fundamental alternatives on top of its effectiveness issue. Thus, this study has suggested a more effective firearms safety control system in the aspect of technology.

      • KCI등재

        외국인환자와의 의료분쟁에 관한 연구

        정정일 대한의료법학회 2012 의료법학 Vol.13 No.2

        Although the number of foreign patients visiting Korea for medical treatments or plastic surgery is rapidly increasing, countermeasures against unforeseen medical disputes involving foreign patients are adequate. To date, the record shows that most foreign patients have visited doctors at the departments of family medicine, internal medicine, dermatology (incl. plastic surgery), and healthcare centers, which, fortunately, indicates that there are not many severe, high risk patients. However, if the current growth rate continues to rise and the number of foreign patients visiting each department continues to grow, more diverse medical practices will be likely to take place in the future, and consequently, it is expected that the possibilities of medical malpractice and the costs of dispute resolution will also rise dramatically. When a medical dispute occurs, in general, a lawsuit is ultimately settled by the court. However, since this can damage the creditworthiness of medical institutions and also incur significant litigation costs, which is a typical characteristic of a medical lawsuit, medical professionals or institutions will be heavily burdened. Furthermore, an adequate policy or countermeasure against a medical dispute with a foreign patient has not yet been established, and it would be difficult to resolve a dispute by finding the middle ground, due to relative standards and policies between countries. Now, we need to improve the existing policies and prepare for countermeasures that will allow us to precisely predict the nature of such disputes, which have been increasing, and resolve them peacefully. Based on such knowledge, this study aims to establish countermeasures against medical disputes with foreign patients, and examine ways to promptly and reasonably resolve them at an early stage.

      • KCI등재

        학교폭력에 의한 사고로 인한 손해배상책임

        정정일 한국민사법학회 2006 民事法學 Vol.33 No.-

        <Abstract> Liability for Compensatory Damages Caused by Incidents of School Violence Of the various types of school accidents, the number of incidents involving violence among students is growing rapidly. In all its forms and types, school violence and the imitation of adult violence is becoming increasingly cruel, gang-oriented, and severe, and is on the rise among both male and female students and students in low age groups. In particular, gang bullying, whereby a weak student is persistently harassed by a group of students, highlights the serious nature of school violence. One of the major characteristics of the alarmingly frequent occurrence of school violence is that psychologically immature students suffer serious mental damage and, in the worst cases, commit suicide or fall prey to extreme and unpredictable patterns of behavior. Given such facts, the state and society should establish programs that serve to proactively prevent school violence, and should undertake to make full and comprehensive reparation to students for damages sustained as a result of school violence. With regard to the responsibility for damages caused by acts of violence inflicting the greatest mental or physical damage upon the victims, the related theories and the legal liabilities of the parties involved were studied through judicial precedents. Furthermore, the responsibilities of school founders and managers, and the methods of compensating the damages were studied, and legal liabilities in the event of claims for damages were also reviewed. In conclusion, some measures for preventing violence devised.

      • KCI등재
      • KCI등재

        중국의 의료사고에 있어 손해배상액의 산정에 관한 비교법적 고찰

        정정일 경희대학교 법학연구소 2010 경희법학 Vol.45 No.1

        A Comparative Study about an Calculation of Damages in Medical Accident of China Jeong, Jeong-Ile*In general, the calculation of damages in the future, such as future income losses and medical expenses for next years, is more complicated problem than the calculation of practical damages, such as medical expenses of an immediate need etc. Those matters above would be simply resolved in China. That is, calculation of damages in cases of the death or aftereffects following Medical Accident is based on original fixed income of victims or otherwise they could recover damages on the basis of calculation of the average salaries of workers in same or similar fields. The criterion of compensations as above is official law, “Medical Accident Treatment Regulation”, which is announced by China’s Affairs. This law chiefly regulates 11 categories including medical expenses, transportation costs and expenditures for nursing and so on. It does not particularly discriminate between permanent employees and temporary employees and among students, housewives and retirees. Meanwhile, The Supreme People’s Court of the People’s of China declared their interpretation of jurisdiction on Dec 4th in 2003, in order to unify practical trials by eliminating various absurds related to the treatment of personal damage, which are currently handled by the interpretation of jurisdiction mentioned above. Therefore, it can be preferentially applied for personal damage as it goes with lawsuits in the case of clash between Medical Accident Treatment Regulation and the interpretation of jurisdiction. It might be considered as peculiar policy of China, which is developed by circumstances of China, such as socialist state, extreme difference between urban and rural areas and among each region and ununi * Adjunct Professor. College of Law, Kyong-gi University / Ph.D. in Law. fied practical lawsuits of each region and court. * Adjunct Professor. College of Law, Kyong-gi University / Ph.D. in Law. In general, the calculation of damages in the future, such as future income losses and medical expenses for next years, is more complicated problem than the calculation of practical damages, such as medical expenses of an immediate need etc. Those matters above would be simply resolved in China. That is, calculation of damages in cases of the death or aftereffects following Medical Accident is based on original fixed income of victims or otherwise they could recover damages on the basis of calculation of the average salaries of workers in same or similar fields. The criterion of compensations as above is official law, “Medical Accident Treatment Regulation”, which is announced by China’s Affairs. This law chiefly regulates 11 categories including medical expenses, transportation costs and expenditures for nursing and so on. It does not particularly discriminate between permanent employees and temporary employees and among students, housewives and retirees. Meanwhile, The Supreme People’s Court of the People’s of China declared their interpretation of jurisdiction on Dec 4th in 2003, in order to unify practical trials by eliminating various absurds related to the treatment of personal damage, which are currently handled by the interpretation of jurisdiction mentioned above. Therefore, it can be preferentially applied for personal damage as it goes with lawsuits in the case of clash between Medical Accident Treatment Regulation and the interpretation of jurisdiction. It might be considered as peculiar policy of China, which is developed by circumstances of China, such as socialist state, extreme difference between urban and rural areas and among each region and ununified practical lawsuits of each region and court.

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