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      • 自動車 交通事故의 刑事學的 硏究 : 서울을 中心으로 Focusing mainly on Seoul

        趙鴻璧 서경대학교 1979 論文集 Vol.7 No.-

        Nowadays the city of Seoul shows not only the phenomena of the everincreasing population and the growing number of automobiles, but also the increased automobile traffic accidents. The most important cause of this increased traffic accidents might be the extreme tendency of transportation businessmen only toward making their own profits, and the taxi drivers' over-concentration on getting their income increased caused directly by the economic menace upon their living, rather than the increased populations and automobiles. For the statistical data reveals that the average monthly income of taxi drivers who have in general 3 to 5 dependants to support is approximately 20,000 to 30,000 won, and that their monthly living expenses reaching to 20,000 to 35,000 won, threatening their livelihood. The deficiency of roads and facilities for traffic safety and the lack of traffic morality of pedestrians have also been revealed in statistics to be another critical cause of traffic accidents. To prevent traffic accidents, therefore, drivers' living should first of all be secured and at the same time it is necessary for the countermeasures to be established in regard to rationalization and systemazation of transportation businesses, the investment in roads and facilities of the safety traffic, and the inculcation upon citizens with traffic morals.

      • 實行行爲 : 間接正犯을 中心으로 from a viewpoint centred on the indirect authentic perpetration

        趙鴻壁 서경대학교 사회과학연구소 1975 論文集 Vol.3 No.-

        I made a general inquiry into the beginning of perpetration (Anfang der Ausfu¨hrung) to explain the substance of actual execution for the indirect authentic crime and applied the general, theory concerning the beginning of actual perpetration to the indirect authentic crime. I made a conclusion that the available act of the employer is not always the formation of practical perpetration in dealing with the indirect authentic crime, considering the following examples such as the indirect authentic crime of the only formal offense, the utility of other's blunder and the case of using the instrument of evil intention. It might be well known that in the process of logical proof the substance of the practical perpetration in the indirect authentic crime would not be persued in the available act of the. employer, but pursued either in the case of individuals or in the available act of employer and the act of the employee. This insistence has long been maintained unformally.

      • 自白排際의 法理 : The Exclusion of Anti-Due process of Law

        趙鴻璧 서경대학교 사회과학연구소 1972 論文集 Vol.1 No.-

        The Confession in judicial procedures is highly regarded, and for this reason many and various ways are employed in order to obtain it, some methods unfortunately infringing on human rights. There are certain problems involved in how to set the law in regards to the infringement of this right. There is currently a debate on the interpretation of the Legal Principles. This has gone through a process of change in the United States, the original source of this law. It is time to accept this progressive change as it is evident in the United States in the case of Confession in McNabb and Mellory. The Confession should be in accordance with the due process of law with accompanying evidence without regards of the Voluntary Confession as contained the Constitution Article 10 F, and Article 309 in the Code of the Criminal Procedures.

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