일본에서의 수사·공판협력형 협의·합의제도(搜査, 公判協力型 協議, 合意制度)와 형사면책제도(刑事免責制度) 도입에 관한 소고(小考)

박종순(Park Jong Soon) 대검찰청 2016 형사법의 신동향 Vol.0 No.51

일본 정부는 2015년 봄 국회에 수사·공판협력형 협의·합의제도(搜査･公判協力型協議･合意制度)와 형사면책제도(刑事免責制度) 등을 포함한 형사사법개혁 관련 법안을 제출하였다. 여기에서 수사·공판협력형 협의·합의제도는 수사·기소·공판을 포함한 형사사건의 처리 절차에서 피의자·피고인이 타인의 범죄사실을 규명하는 데 협력하고 그에 대한 대가로 검사로부터 일정한 은전을 받는 피의자·피고인과 검사 사이의 협의와 합의를 하는 제도이다. 또 형사면책제도는 공범 등 일부의 자에게 형사책임을 묻지않기로 하고 그가 갖고 있는 자기부죄거부특권(自己負罪拒否特權)을 상실하게 한 뒤 강제로 진술을 하게 하여 다른 사람에 대한 유죄의 증거로 사용하는 제도이다. 2015년 여름 위 형사사법개혁 관련 법안은 일본 중의원에서 통과되었으나 참의원에서는 심의시간을 확보하지 못해 보류되었다. 그 후 2016년 4월 참의원은 위 법안에 대한 심의를 다시 시작하였고 조만간 위 형사사법개혁 관련 법안이 통과될 것으로 예상된다. 한편, 최근 우리 언론 보도에 따르면 우리 검찰이 「내부증언자 형사면책제도」의 도입을 신중히 검토하고 있다고 한다. 여기에서 「내부증언자 형사면책제도」는 조직폭력이나 기업 부패처럼 조직적인 범죄에 가담한 내부자가 자백이나 증언을 할 경우 형사책임을 줄여주는 제도인데 최근 수사 여건이 갈수록 열악해지고 있는 반면 범죄는 다양화·첨단화하고 있으므로 조직범죄 등에 효과적으로 대처하기 위해 이 제도의 도입이 필요한 상황이라고 한다. 언론에서 보도한 「내부증언자 형사면책제도」가 구체적으로 어떠한 것인지 지금으로서는 단정하기 어렵지만 이는 2011년 정부가 심의·의결한 내부증언자 형벌감면·소추면제제도와 거의 비슷한 제도인 것 같다. 그리고 이것은 일본의 수사·공판협력형 협의·합의제도와 유사한 것으로 보인다. 앞으로 우리나라에서 「내부증언자 형사면책제도」의 도입에 대한 논의가 본격적으로 이루어진다면 현재 일본 국회에서 심의 중인 수사·공판협력형 협의·합의제도와 형사면책제도에 관한 논의상황 등이 참고가 될 것 같다. 왜냐하면 일본의 수사·공판협력형협의·합의제도 및 형사면책제도나 우리 검찰이 검토 중인 「내부증언자 형사면책제도」는 증거수집 수단을 적정화·다양화하기 위한 제도라는 점에서는 같기 때문이다. 장차 「내부증언자 형사면책제도」의 도입에 관한 논의가 본격적으로 시작될 때 이 실무 자료가 조금이나마 도움이 되었으면 한다. In the spring of 2015, the government of Japan submitted a bill related to the criminal justice reform which included investigation·trial collaborative consultation·agreement system and the criminal immunity system. The investigation·trial collaborative consultation·agreement system is an arrangement between the suspect･accused and the prosecutor during the criminal procedure of investigation and prosecution hearings where the suspect·accused cooperate in the investigation of facts and thus, in return, obtain certain favor from the prosecutor. The criminal immunity system is where a certain person, such as an accomplice, waives the right against self-incrimination in exchange for immunity from criminal liability and gives a testimony to be used as an evidence of guilt against the other person. In the summer of 2015, the aforementioned bill relating to criminal justice reform was passed by the House of Representatives but was shelved by the House of Councilors at the time as deliberations were unsecured. Afterwards, in April 2016, the House of Councilors resumed the deliberation for the bill and therefore, it is anticipated that the bill may be passed very soon. In the meantime, according to a recent report in Korea, the prosecution is undergoing serious consideration to adopt the inside witness criminal immunity system. The inside witness criminal immunity system is where criminal liability of an inside person engaged in an organized crime, such as organized violence and corporate corruption, is reduced if he/she makes a confession or testimony about these crimes. As the present conditions for investigation are getting worse, whereas crimes are diversifying and advancing in different forms, we are in a situation where this system should be adopted in order to effectively cope with such organized crimes. Although it is early to define exactly what the inside witness immunity system reported by the press is, the system seems to be similar to the inside witness penalty reduction system and the prosecution immunity system which were deliberated and passed by the Korean Government in 2011. Furthermore, it also seems to be similar to the investigation･trial collaborative consultation･agreement system in Japan. If the discussion on the introduction of the inside witness criminal immunity system is seriously considered, we should refer to the present circumstances of the investigation·trial collaborative consultation·agreement system and the criminal immunity system currently being deliberated by the congress in Japan. This is because these systems are the same with the inside witness criminal immunity system that the Korean prosecution is reviewing in that they both rationalize and diversify the means of collecting evidence. I hope that this material may be useful some day when discussions on the introduction of the inside witness criminal immunity system begins to take place in earnest.

Cooperative Strategies and Swarm Behavior in Distributed Autonomous Robotic Systems based on Artificial Immune System

Kwee-bo Sim,Dong-wook Lee 한국지능시스템학회 2001 한국지능시스템학회논문지 Vol.11 No.7

In this paper, we propose a method of cooperative control (T-cell modeling) and selection of group behavior strategy (B-cell modeling) based on immune system in distributed autonomous robotic systems (DARS). Immune system is living body's self-protection and self-maintenance system. These features can be applied to decision making of optimal swarm behavior in dynamically changing environment For applying immune system to DARS, a robot is regarded as a B-cell, each environmental condition as an antigen, a behavior strategy as an antibody and control parameter as a T-cell respectively. The executing process of proposed method is as follows. When the environmental condition changes, a robot selects an appropriate behavior strategy. And its behavior strategy is stimulated and suppressed by other robot using communication. Finally much stimulated strategy is adopted as a swarm behavior strategy. This control scheme is based on clonal selection and idiotopic network hypothesis. And it is used for decision making of optimal swarm strategy. By T-cell modeling, adaptation ability of robot is enhanced in dynamic environments.

The Immune System in Irritable Bowel Syndrome

( Giovanni Barbara ),( Cesare Cremon ),( Giovanni Carini ),( Lara Bellacosa ),( Lisa Zecchi ),( Roberto De Giorgio ),( Roberto Corinaldesi ),( Vincenzo Stanghellini ) 대한소화기기능성질환·운동학회(구 대한소화관운동학회) 2011 Journal of Neurogastroenterology and Motility (JNM Vol.17 No.4

The potential relevance of systemic and gastrointestinal immune activation in the pathophysiology and symptom generation in the irritable bowel syndrome (IBS) is supported by a number of observations. Infectious gastroenteritis is the strongest risk factor for the development of IBS and increased rates of IBS-like symptoms have been detected in patients with inflammatory bowel disease in remission or in celiac disease patients on a gluten free diet. The number of T cells and mast cells in the small and large intestine of patients with IBS is increased in a large proportion of patients with IBS over healthy controls. Mediators released by immune cells and likely from other non-immune competent cells impact on the function of enteric and sensory afferent nerves as well as on epithelial tight junctions controlling mucosal barrier of recipient animals, isolated human gut tissues or cell culture systems. Antibodies against microbiota antigens (bacterial flagellin), and increased levels of cytokines have been detected systemically in the peripheral blood advocating the existence of abnormal host-microbial interactions and systemic immune responses. Nonetheless, there is wide overlap of data obtained in healthy controls; in addition, the subsets of patients showing immune activation have yet to be clearly identified. Gender, age, geographic differences, genetic predisposition, diet and differences in the intestinal microbiota likely play a role and further research has to be done to clarify their relevance as potential mechanisms in the described immune system dysregulation. Immune activation has stimulated interest for the potential identification of biomarkers useful for clinical and research purposes and the development of novel therapeutic approaches. (J Neurogastroenterol Motil 2011;17:349-359)

새로운 최적화 기법 소개 : 인공면역시스템

양병학 대한산업공학회 2007 산업공학 Vol.20 No.4

Artificial immune systems (AIS) are one of natural computing inspired by the natural immune system. The fault detection, the pattern recognition, the system control and the optimization are major application area of artificial immune systems. This paper gives a concept of artificial immune systems and useful techniques as like the clonal selection, the immune network theory and the negative selection. A concise survey on the optimization problem based on artificial immune systems is generated. The overall performance of artificial immune systems for the optimization problem is discussed.

국회의원에 대한 국민소환제도의 도입과 합헌여부 ― 도입의 필요성과 합헌성 및 위험성을 중심으로 ―

이승우 한국공법학회 2012 공법연구 Vol.41 No.1

A legislative bill that would allow a recall referendum is currently under consideration by the national assembly. Many articles concerning the introduction of a system where members of the national assembly may be subject to a recall election have hitherto been presented. Based on the previous research, this paper comprehensively deals with the necessity, constitutionality, and risk pertaining to adopting such a system. In light of the aspect that enabling the public to recall assemblymen would be an indication of popular sovereignty in effect, the system may in fact be deemed necessary. Furthermore, recently developed perception on the significance and function of such system poses a need for it to be legitimized. For instance, the heightened sense of popular sovereignty followed by democratization of this country denotes a public demand to confront neglecting assemblymen. Also, it has been determined that a recall election is an adequate system for the people to directly voice issues of political responsibility. A system to hold assemblymen politically responsible would be linked to the realization of popular sovereignty. On the legislation of a recall referendum, some argue its constitutionality while others claim its unconstitutionality. This paper argues that the system would be constitutionally sound by disproving the premises of opposing claims. First, advocates of the conclusion that the system is unconstitutional claim that it contradicts principles of representative government as well as rules of free delegation. Conversely, it is demonstrated in this paper that the system of recall rather aims to foster political responsibility through the basis regarding principles of representative government and rules of free delegation. Second, opposing claims assert that a recall system lacks constitutional grounds and legal reserve. However, this paper points out that the system of recall, analogical to any other system concerning accountability, can be established as long as it does not conflict with the fundamental ideas and principles of the constitution. Third, claims that render the recall system unconstitutional insist that it violates the immunity held by members of the national assembly. This paper instead sees that the two are compatible; the system of recall does not apply to assemblymen’s legal responsibilities outside the legislative sphere, and only involves public actions demanding their political responsibilities. Although the introduction of a recall referendum system is seen as both necessary and constitutional, this paper does not deny that it accompanies risks. On the other hand, it is the belief of this author that modern political environment in this country has reached the level of sophistication where such risk factors may well be managed 국회의원에 대한 국민소환제도의 도입을 위한 법률안이 국회에 제출되어 있다. 그리고 국민소환제도의 도입에 대하여 여러 논문이 이미 발표되어 있다. 이 논문은 선행연구를 토대로 제도도입의 필요성, 합헌성, 위험성을 종합적으로 다룬다. 국민소환제도의 도입 필요성은 국민주권이념의 실효성의 측면에서 인정된다. 그리고 국민소환제도의 의의와 기능에 대한 새로운 인식을 토대로 도입 필요성이 제기된다. 즉 우리나라의 민주화와 더불어 국민의 주권의식이 높아져 국민의 의사를 무시한 국회의원을 그대로 둘 수 없다는 것이고, 국민소환제도는 국민이 직접 정치적 책임을 묻는 제도라는 것이 새롭게 규명되고 있으며, 따라서 책임정치를 실현하는 것이 곧 국민주권을 실현하는 것이라는 점에서 필요성이 요구되고 있다. 국민소환제도의 도입에 대해서는 위헌론과 합헌론이 제기되고 있으나, 여기서는 위헌론의 논리를 반박하며 합헌론을 주장하고 있다. 첫째, 전자(위헌론)는 대의제원리와 자유위임원칙에 반한다고 주장하지만, 국민소환제도는 대의제원리와 자유위임원칙을 토대로 책임정치를 실현하려는 것이어서 충돌하지 않는다고 보았다. 둘째, 전자는 헌법적 근거나 법률유보가 없어 위헌이라고 주장하나, 국민소환제도는 다른 책임제도와 마찬가지로 헌법의 근본이념이나 기본원리에 반하지 않는 한 도입가능하다고 보았다. 셋째, 전자는 국회의원의 면책특권을 위반한다고 주장하지만, 국민소환제도는 국회 외에서의 법적 책임에 관한 것이 아니라 국민에 의한 정치적 책임을 묻는 것이라는 점에서 양립 가능하다고 보았다. 그리고 도입의 필요성과 합헌성이 인정되지만 위험성이 있음에 대해서는 부인하지 않는다. 다만 과거와 정치환경이 달라진 현대의 경우 그 위험성은 충분히 감내할 수 있다고 생각한다.

MANET : Securing AODV Based on a Combined Immune Theories Algorithm (CITA)

Anass Khannous,Fatiha Elouaai,Anass Rghioui,Mohammed Bouhorma 보안공학연구지원센터 2016 International Journal of Security and Its Applicat Vol.10 No.9

Mobile Ad hoc Networks consist of a set of mobile nodes communicating with each other in a decentralized and dynamic topology where nodes provide retransmission capabilities. Communications between source nodes and destinations go through routes represented by a set of intermediate nodes that are required to adapt and behave in response to some actions according to orders given by the chosen routing protocol. Absence of a centralized architecture, in addition to open wireless medium of Ad hoc networks, as well as nodes mobility are ones of the network characteristics that render the environment much vulnerable to different routing attacks. A wide range of current researches focus on enhancing MANET security using various techniques like cryptography, but these mechanisms creates too much overhead. Artificial Immune Systems provide intrusion detection techniques based on the abstraction of the human immune system. They are known to be very efficient and lightweight algorithms. Multiple immune theories are implemented like Negative selection, Clonal selection, Danger theory, Immune network...etc. This paper proposes the use of combined immune theories as an Intrusion Detection System that integrates to the AODV routing protocol and that can sense the presence of non-trusted nodes, as it can eliminate them from the network. The proposed approach is tested and validated in presence of Packet Dropping Attack. Promising results in terms of network performance then are discussed.

평압저산소에서 60분간 운동부하가 심혈관호흡기계 및 면역기계의 급성영향

이동준(Lee Dong-Jun) 한국체육과학회 2011 한국체육과학회지 Vol.20 No.4

The purpose of this study was to investigate the acute influences of cardiovascular, respiratory, and immune system on 60min-prolonged exercise test of HR at 5O%VO₂max intensity in an exposed normobaric hypoxic environment. The subjects were 15 male college students(19.1±1.0yr, BMI 22.3±2.1, fat mass 10.9±3.1㎏, %fat 15.5±3.2%, LBM 55.3±5.8㎏, VO₂max 39.0±3.3㎖/㎏/min). Items of measurement after 60min-prolonged exercise on sea level and 3000m altitude were HR, SV, CO, SVR, SBP, DBP, MAP, TVC of cardiovascular system, VO₂, VO₂max, RR, RQ, VE, Mets, VT, VCO₂ of respiratory system, and ACTH, HGH, cortisol, epinephrine, norepinephrine, RBC, WBC, HCT, Hb, NKcell, Tcell, Bcell et al of immune system and hormone. As the result of the verifying hypothesis, the results may suggest new findings: first, VO₂, RR, VE, in respiratory system increased significantly at 3000m altitude better than sea level(p<.01). Second, HR, SV, CO, SVR in respiratory system increased significantly at 3000m altitude better than sea level(p<.01). Third, Cortisol, norepinephrine, WBC, NKcell in immune system and hormone increased significantly at 3000m altitude better than sea level(p<.01). In conclusion, 60min-prolonged exercise on normobaric hypoxic environment may affect cardiovascular, respiratory, and immune system.

PSO를 이용한 인공면역계 기반 자율분산로봇시스템의 군 제어

김준엽(Jun Yeup Kim),고광은(Kwang-Eun Ko),박승민(Seung-Min Park),심귀보(Kwee-Bo Sim) 제어로봇시스템학회 2012 제어·로봇·시스템학회 논문지 Vol.18 No.5

This paper proposes a distributed autonomous control method of swarm robot behavior strategy based on artificial immune system and an optimization strategy for artificial immune system. The behavior strategies of swarm robot in the system are depend on the task distribution in environment and we have to consider the dynamics of the system environment. In this paper, the behavior strategies divided into dispersion and aggregation. For applying to artificial immune system, an individual of swarm is regarded as a B-cell, each task distribution in environment as an antigen, a behavior strategy as an antibody and control parameter as a T-cell respectively. The executing process of proposed method is as follows: When the environmental condition changes, the agent selects an appropriate behavior strategy. And its behavior strategy is stimulated and suppressed by other agent using communication. Finally much stimulated strategy is adopted as a swarm behavior strategy. In order to decide more accurately select the behavior strategy, the optimized parameter learning procedure that is represented by stimulus function of antigen to antibody in artificial immune system is required. In this paper, particle swarm optimization algorithm is applied to this learning procedure. The proposed method shows more adaptive and robustness results than the existing system at the viewpoint that the swarm robots learning and adaptation degree associated with the changing of tasks.

Identification of a novel immune-related gene in the immunized black soldier fly, Hermetia illucens (L.)

Jung, Seong-Tae,Goo, Tae-Won,Kim, Seong Ryul,Choi, Gwang-Ho,Kim, Sung-Wan,Nga, Pham Thi,Park, Seung-Won Korean Society of Sericultural Science 2018 International Journal of Industrial Entomology Vol.36 No.2

The larvae of Hermetia. illucens have a high probability of coming into contact with microorganisms such as bacteria and fungi. Therefore, the survival of H. illucens is primarily the protection of their own against microbial infection. This effect depends on the development of the innate immune system. Antimicrobial Peptides (AMPs) exhibit antimicrobial activity against other bacterial strains and can provide important data to understand the basis of the innate immunity of H. illucens. In this study, we injected larvae with Enterococcus. faecalis (gram-positive bacteria) and Serratia. marcescens as (gram-negative bacteria) to test the hypothesis that H. illucens is protected from infection by its immune-related gene expression repertoire. To identify the inducible immune-related genes, we performed and cataloged the transcriptomes by RNA-Seq analysis. We compared the transcriptomes of whole larvae and obtained a DNA fragment of 465 bp including the poly (A) tail by RACE as a novel H. illucens immune-related gene against bacteria. A novel target mRNA expression was higher in immunized larvae with E. faecalis and S. marcescens groups than non-immunized group. We expect our study to provide evidence that the global RNA-Seq approach allowed for the identification of a gene of interest which was further analyzed by quantitative RT-PCR, together with genes chosen from the available literature.

Microphysiological Engineering of Immune Responses in Intestinal Inflammation

Yoko M. Ambrosini,Woojung Shin,Soyoun Min,Hyun Jung Kim 대한면역학회 2020 Immune Network Vol.20 No.2

The epithelial barrier in the gastrointestinal (GI) tract is a protective interface that endures constant exposure to the external environment while maintaining its close contact with the local immune system. Growing evidence has suggested that the intercellular crosstalk in the GI tract contributes to maintaining the homeostasis in coordination with the intestinal microbiome as well as the tissue-specific local immune elements. Thus, it is critical to map the complex crosstalks in the intestinal epithelial-microbiome-immune (EMI) axis to identify a pathological trigger in the development of intestinal inflammation, including inflammatory bowel disease. However, deciphering a specific contributor to the onset of pathophysiological cascades has been considerably hindered by the challenges in current in vivo and in vitro models. Here, we introduce various microphysiological engineering models of human immune responses in the EMI axis under the healthy conditions and gut inflammation. As a prospective model, we highlight how the human “gut inflammation-on-a-chip” can reconstitute the pathophysiological immune responses and contribute to understanding the independent role of inflammatory factors in the EMI axis on the initiation of immune responses under barrier dysfunction. We envision that the microengineered immune models can be useful to build a customizable patient's chip for the advance in precision medicine.