대마사용의 비범죄화 주장에 대한 이론적 검토

박진실(Park, Jin Sil) 중앙대학교 법학연구원 2016 法學論文集 Vol.40 No.3

The Act on the Control of Narcotics, Etc. classifies marijuana as an illegal drug, strictly prohibiting manufacturing, importing and exporting, trading, assisting in trade of, giving or receiving, carrying, possessing, or using cannabis. Marijuana has been managed as illegal drugs in international society as well. However, such severe punishment policy globally faces changes. From January 2014, Colorado in the U.S. allowed purchase of marijuana for purpose of smoking, and states decriminalizing marijuana continue to tend to increase. In addition to the U.S., Australia, Holland, U.K., Canada, etc. decriminalized marijuana or prepare places for active discussion on decriminalization of it. In the midst of this global trend, this paper attempted to review the discussion of decriminalization of the use of marijuana which is still strictly forbidden. Given that the world has been showing gradually changed attitude toward marijuana since intensified debate on the decriminalization of marijuana in Korea about a decade ago, this study examined the decision of the Korean Constitutional Court on how marijuana was illegalized. In addition, the legal theory concerning the justification of marijuana regulation was analyzed in this study. As a result, it was concluded that the rulings of the Korean Constitutional Court lack persuasion and reasoning to be still maintained today. It was also found that maleficence of marijuana, gateway effect, relationship with violent crimes, and issues comparing to cigarette and alcohol all of which were presented as the grounds for the regulation of marijuana in the Korean Constitutional Court were difficult to be admitted any more. In addition, when examining the regulation of marijuana in right of the self-determination, the principle of prohibition of excessive and the princple of equality, the legitimacy of the regulation of marijuana is sorely shaken, and cannot be maintained any more. The need to debate on the decriminalization of marijuana again, therefore, seems to be sufficient now.

상피성 난소암 환자에서 예후인자로서의 혈소판 증가증에 관한 연구

박진실 ( Park Jin Sil ),이유석 ( Lee Yu Seog ),이규락 ( Lee Gyu Lag ),김영재 ( Kim Yeong Jae ),박건호 ( Park Geon Ho ),김성희 ( Kim Seong Hui ),박민수 ( Park Min Su ),조삼현 ( Jo Sam Hyeon ),김경태 ( Kim Gyeong Tae ) 대한산부인과학회 2003 Obstetrics & Gynecology Science Vol.46 No.10

목적 : 본 연구에서는 상피성 난소암 환자에서 혈소판 증가증에 대한 빈도와 여러 가지 임상지표와의 연관성을 알아보고 예후인자로서의 의미와 생존율에 미치는 영향에 대하여 알아보고자 한다 연구 방법 : 1984년 1월 1일부터 2001년 12월 31일까지 만 18년 동안 한양대학병원 산부인과에 내원하여 종양 축소술 및 항암화학요법을 시행 받고 추적 조사를 하였던 183명의 상피성 난소암 환자를 대상으로 환자의 연령, 조직학적 형태, FIGO 병기, 조직 분 Objective : We tried to determine the relevance of thrombocytosis as a possible prognostic factor in patient with epithelial ovarian cancer. Methods : One hundred and eighty-three (183) patients with epithelial ovarian cancer had been surgically treated i

환경경영표준의 내재화와 한국정부의 역할

박진실 ( Jin Sil Park ) 서울대학교 미국학연구소 2013 미국학 Vol.36 No.1

This paper focuses on the process of acceptance and internalization of the ISO14000 norm. Published by the International Organization of Standard (ISO), ISO14000 is an international environmental standard which characterized as non-governmental and voluntary. It pursues both sustainable development which is concerned to environmental improvement and harmonization of different regional environmental standards which encourages free-trade by hindering trade barriers. The Government of the Republic of Korea accepted and legitimated ISO14000 by an environment-friendly political frame through the “Conversion to an Environmental Friendly Industrial Structure Act” and began to introduce the ISO1400 standard within the industrial structure of the country through diverse policies. Further on, with active governmental support, national corporations have also certificated the ISO14001, one of the representative norm of the ISO14000 series, which regulates the Environmental Management System (EMS). This paper states that the process of internationalization of the ISO14000 standard is basically profit-interest based. Korea`s economic growth is highly interrelated with its dependance on international trade and thus, the paper argues that the national export industry would have been negatively affected if such regulations were not adopted. Although the different governments in charge, during the whole internalization process had differed on the relevance of the environmental issues, they all had in common a particular interest on improving the exportation competitiveness of national products by adopting ISO14001. This explains why in Korea, the ISO14000 is a standard required for products able to trade with foreign countries and confirms this study``s argument that the adoption of the standard is in line with the need of overcoming barriers to international trade rather than on protection of the environment. A deeper analysis demonstrates that ISO14000 process of internalization was actually a process of localization, by meaning that the standard was framed in accordance to preexistent norm, namely developmentalism, which inclined the framing of the norms towards the trade issue. Moreover, an empirical study of the tendency of national companies towards adoption of an ISO14001, demonstrates that international trade-oriented companies were more leaned towards its adoption. These results were consistent with governmental pro-trade policies and an profit-based interest on acquiring and maintaining international standard for better access to foreign markets. Nonetheless, the ISO14001 certification in the Korean industries did not cease here but it get diffused through a hierarchical arrangement, from major to middle and small enterprises and from export-lean to domestic companies. Hence, despite government policies actively emphasized the relevance of the internalization of this standard mainly on export and trade, once ISO14001 was adopted, local agents did play a role in fueling the diffusion of it within domestic companies.

마약류사범재범방지를 위한 해외 사례 및 도입방안에 관한 연구

박진실(Park, Jin-Sil) 중앙법학회 2017 中央法學 Vol.19 No.3

마약류사범의 경우 재범인 경우가 많아 실형 선고율이 높고, 수형생활을 하는 동안에도 치료받을 기회를 제대로 갖지 못해 마약의 중독에서 벗어나지 못함으로써 또다시 재범에 이르고 만다. 그 결과 마약류사범의 경우 일반적인 범죄와 비교하여 40%에 달하는 높은 재범률을 보이고 있다. 이런 점을 고려할 때, 마약류사범 특히 마약류 투약자들은 통상적인 범죄자들과는 달리 취급할 필요가 있다. 즉 마약류사범들은 뇌질환에 기인하여 자신 스스로 통제할 수 없는 중독 상태에 빠져있으므로, 처벌보다는 적극적인 치료와 재활위주의 정책으로의 전환이 필요하다. 현재 마약류 중독자를 위해 시행되고 있는 치료 또는 재활제도로는 마약류중독자 치료보호, 교육이수조건부 기소유예제도, 치료감호제도, 교정시설 수용 후 실시하는 교육과 치료, 출소자에 대한 보호관찰 등이 있다. 그러나 치료보호제도의 경우 검찰에서는 적극적으로 활용하지 않고 마약류 중독자 역시도 검거의 두려움이나 중독에 대한 인식이 없어 여전히 활용율이 저조하고, 치료감호나 교육이수조건부 기소유예 역시 점차 그 활용이 증가하는 추세이나 여전히 전체 마약사범의 수를 감안하면 미흡한 실정이다. 마약류재범 방지를 위하여 좀 더 적극적인 정책을 펼치고 있는 미국이나 호주의 경우 마약류 사범들에게 마약법원에서 제공하는 프로그램을 이행하도록 하고 지속적인 관리를 함으로써 마약류사범의 재범률 감소에 유의미한 성과를 거두었다. 영국의 경우도 16세 이상의 마약류중독자가 치료가 필요하다고 법원이 판단할 경우 본인 동의하에 검사와 치료를 받게 하는 마약류 치료검사제도의 도입으로 상당한 효과를 보고 있다. 일본 역시 우리와 마찬가지로 마약사범에 대하여 엄한 처벌을 하고 있으나 아파리라는 제도를 통하여 수형생활중 치료의 기회를 가질 수 있도록 하고 있어 우리의 경우에도 외국의 여러 제도들을 적극적으로 참고해 볼 필요가 있다. 마약사범에 대한 현황과 재범방지를 위한 해외사례들을 참고하여 마약사범에 대한 근원적인 해결책으로 치료적 접근을 강제하는 치료명령제도의 도입을 제안한다. 즉 치료명령제도는 형사절차 단계마다 반드시 마약류사범들에게 치료받는 기회를 갖게 함으로써 실효성 있는 재범방지 대책으로 기능할 것이다. As for drug offenders, there are many cases of re-offended and consequently imprisoned again. Even worse, the offenders do not have the opportunity to get treated properly during their imprisonment and often they commit a same kind of crime after they are released. As a result, criminal cases of drug offenders have a higher recidivism rate of 40% compared with others. Taking this into account, drug offenders, especially drug addicts, need to be treated differently from other criminals. Since they are so addicted that can not be controlled by themselves due to brain related diseases, the policy emphasis should be shifted from punishment to active treatment and rehabilitation. Currently, as for the treatment and rehabilitation system for the drug offenders, there are the Treatment and Protection for Drug Offenders, the Conditionally Suspended Indictment with the Completion of Education, the Care and Custody for Medical Treatment, the Education and Treatment Programs in prison, and the Probation for Ex-convicts. However, the prosecutors are not actively using the Treatment and Protection for Drug Offenders, and the drug offenders also show the low rate of using the system because they do not have much fear of arrest or addiction. Though the use of the Conditionally Suspended Indictment with the Completion of Education and the Care and Custody for Medical Treatment is increasing, it is still insufficient considering the total number of drug offenders. United States and Australia, where have more active policies and sustainable management to reduce recidivism, have implemented anti-drug programs provided by drug courts and gained a significant and meaningful results. In England, the court orders the drug check-up and treatment under the consent of a drug addict more than 16 years old, if necessary, and the system has a positive result. Similarly to Korea, Japan has applied a very strict punishment to the drug offenders, but it allows them to have an opportunity to be treated in prison with the help of APARI, a unique Japanese system. Therefore, Korea needs to actively refer to various foreign cases. This study proposes the introduction of a Treatment Order System that enforces a therapeutic approach as a fundamental solution to drug crimes by referring to the current drug offender treatment and overseas cases for preventing recidivism. In other words, the Treatment Order System will serve as an effective countermeasure for preventing recidivism by giving treatment opportunities to drug offenders at each stage of criminal justice procedure.

마약류 규제정책에 관한 연구

박진실(Park Jin Sil) 중앙대학교 법학연구원 2014 法學論文集 Vol.38 No.2

Handling narcotics has not been allowed in legal terms. In this regard, its violation is under criminal punishment. Although narcotics had been recognized historically from the primitive age for religious rites and medical uses, today, handling narcotics with harmful effects is strictly faced restrictions, different from alcohols and cigarettes. In 1953, the Korean Criminal Code regulated the punishment on Opium, which went through several steps of institutions and amendments on narcotics control laws. Now that 'the Control Laws related narcotic drugs' has come into effect to control drug substances uniformly. In cases of regulating drug substances, the need for joint international assistance has been tendered at previous times and international organizations established the systems to restrict the standard of drug substances. Throughout the international treaty, each country is to accommodate what has been designated as a drug related substance, and controls the whole classification of drugs. But one thing to note that each country regulates the level of restrictions differently depending on its circumstances, most countries customarily regulate uniformly about what had been classified as illegal drugs. Korea strictly regulates the drug related substances. According to references of handling from Prosecution offices, the rate of public trials of narcotic criminals is markedly higher than that of general criminals. This is due to the high recidivism rate in narcotic crimes and its criminal significance. The continuous on-going crackdown measure taken on illegal drugs does not help decrease the frequency of handling narcotics and cannot face the limitation on the theory of punishment rule. It is believed that turning-around to meet a new policy needs to overcome the boundary of the punishment theory. Studies have shown that the regulatory policy of narcotics in some countries indicate a step forward to decriminalizing the less harmful drug substances. Also it needs to review the potential of implementation of decriminalizing policies in Korea.

마약류 중독자에 대한 치료현황 및 대책에 대한 연구

박진실(Park Jin Sil) 중앙대학교 법학연구원 2015 法學論文集 Vol.39 No.2

The domestic drug crimes are rapidly increasing recently. As the drug trades using the internet, particularly, have been greatly increased, drug offenders who were arrested for trading drugs using the internet in the first half year were doubled compared to the same period in the previous year. The statistics showing the amount of drugs flow in Korea is increasing so quickly that it cannot be compared to the past. There are constant news articles on recidivism of drug crimes of celebrities. Although drug crimes increase, and recidivism rate of drug offenders is significantly high as above, treatment environment for drug addicts in Korea is evaluated to be very vulnerable compared to advanced countries including the U.S. Despite the fact that treatment system has been provided in Korea, therapeutic records for drug-addicted offenders published by the public prosecution every year are very low with lack of data on treatment details and results as well as research on it. In addition, narcotic crimes are expected to continue to increase rapidly because of development of the internet, increase of Korean students studying abroad, increase of overseas visitors and development of new illegal drugs. It is considered that, although strong punishment is important for drug crimes, treatment, rehabilitation and preventive education should be employed to deal with drug-using offenders; discussing countermeasures for drug offenders without improving current treatment and rehabilitation system is likely to be nothing more than empty talk. This paper, therefore, looked at overview, programs, and effects of drug addiction treatment system in the U.S. in which the most advanced policies and facilities are equipped regarding drug addiction treatment and rehabilitation after diagnosing the current status of treating drug addicts in Korea and examining challenges. In the U.S., illegal drug abuse and drug addicts are perceived as diseases rather than crimes. Such solid establishment of recognition on drugs leads therapeutic judicial systems such as drug courts and therapeutic service through numerous drug addiction treatment organizations in the U.S. Also, Act of Lifelong Education Support for Treatment of Drug Addicts has been proposed. This bill recognizes that drug addicts cannot be dealt with punishment and argues that lifelong education on drug addiction must be required, including establishing specialized organizations and training professional manpower. This study attempted to suggest some policy implications for treatment of drug addicts and prevention of relapse. It is necessary for the government to promote conversion of recognition on drug crimes and build therapeutic systems, developing various treatment programs. With this legislation, it is expected that perception on drug addicts and drug offenses can be gradually changed from the subject of punishment to the subject of treatment in Korea.

상피성 난소암 환자에서 임상적 관해도 평가를 위한 이차 추시개복술의 의의

박영준 ( Park Yeong Jun ),이유석 ( Lee Yu Seog ),이규락 ( Lee Gyu Lag ),김영재 ( Kim Yeong Jae ),박건호 ( Park Geon Ho ),김성희 ( Kim Seong Hui ),박진실 ( Park Jin Sil ),박민수 ( Park Min Su ),김현희 ( Kim Hyeon Hui ),호정규 ( Ho 대한산부인과학회 2003 Obstetrics & Gynecology Science Vol.46 No.9

목적 : 상피성 난소암 환자 중 cis-platin 기조 항암화학요법을 시행 받은 군에서 임상적으로 완전관해를 보여 이차 추시개복술을 시행하였던 환자에서 조직학적인 관해에 따른 관해율, 재발율, 생존율 등을 비교 분석한다. 연구 방법 : 1983년 3월초부터 2002년 2월말까지 만 20년간 한양대학병원 산부인과에 내원하여 상피성 난소암으로 진단 받고 수술 및 항암화학요법을 시행하고 추적 관찰이 용이하였던 환자 중 임상적으로 완전 관해를 보여 이차 추시 Objective : To evaluate pathological complete remission rate (pCR), survival rate, recurrence rate, 91 patients who had clinical complete remission with epithelial ovarian cancer were studied. Methods : From 1983 to 2002, 91 consecutive patients with epit

Th17과 자가면역 관절염

조미라,허유정,박진실,이선영,성영철,김호연,Cho, Mi-La,Heo, Yu-Jung,Park, Jin-Sil,Lee, Seon-Yeong,Sung, Young-Chul,Kim, Ho-Youn 대한면역학회 2007 Immune Network Vol.7 No.1

Autoimmune arthritis, such as rheumatoid arthritis (RA), is a chronic inflammatory disorder that primarily affects the joints and then results in their progressive destruction. Effector Th cells have been classified as Th1 and Th2 subsets based on their cytokine expression profiles and immune regulatory function. Another subset of T cells termed Th17 was recendy discovered and known to selectively produce IL-17. Also, Th17 was shown to be generated by TGF${\beta}$ and IL-6 and maintained by IL-23. IL-17 is a proinflammatory cytokine that is considered to involve the development of various inflammatory autoimmune diseases such as RA, asthma, lupus, and allograft rejection. IL-17 is present in the sera, synovial fluids and synovial biopsies of most RA patient. IL-17 activates RA synovial fibroblasts to synthesize IL-6, IL-8 and VEGF via PI3K/Akt and NF-${\kappa}B$ dependent pathway. IL-17 increases IL-6 production, collagen destruction and collagen synthesis. In addition, it not only causes bone resorption but also increases osteoclastogenesis and fetal cartilage destruction. Inhibition of the IL-17 production may contribute a novel therapeutic approach along with potent anti-inflammatory effect and with less immunosuppressive effect on host defenses.

갑상선 유두상암종에서 p53, VEGF 그리고 E-Cadherin 발현양성에 대한 면역조직화학적 연구

조현진(Hyun Jin Cho),서재홍(Chae Hong Seo),박진실(Jin Sil Park) 대한두경부종양학회 2002 대한두경부 종양학회지 Vol.18 No.1

Mutation of the P53 tumor suppressor gene playa major role in the development of many carcinomas, namely in the colon, breast and bladder, whereas the role played by such mutations in thyroid carcinogenesis remains controversial. Vascular endothelial growth factor (VEGF) induces proliferation of endothelial cells, stimulates angiogenesis, and increases vascular permeability. Increased VEGF expression has been associated with poor clinical outcomes in many malignancies E-cadherin, a calcium-dependent transmembrane glycoprotein, is an adhesion molecule Expression of p53, VEGF and E-cadherin was assessed immunohistochemically in 19 tall columnar variant of papillary carcinoma, 24 common papillary carcinoma and 7 follicular carcinoma. The aim of this study was to evaluate the expression of P53,VEGF and E-cadherin as a potential maker for the prognosis of thyroid carcinomas. The results are as follows: 1) There were no significance in any clinical parameters examined among tall columnar variant of papillary carcinoma, common papillary carcinoma and follicular carcinoma. 2) The expression of P53 demonstrated low in tall columnar variant of papillary carcinoma, common papillary carcinoma and follicular carcinoma, but a significantly high in regional lymph node metastasis. 3) The expression of VEGF demonstrated a significantly high in regional lymph node metastasis than those without metastasis in papillary thyroid carcinoma. 4) The expression of E-cadherin demonstrated less often among papillary carcinomas with lymph node metastasis than in those without metastasis in papillary thyroid carcinoma. In conclusion, it is suggested that VEGF and E-cadherin will be useful for the diagnosis of thyroid carcinoma and serves as a biological marker for thyroid carcinoma lymph node metastasis.

류마티스관절염 활막세포에서 NF-κB 신호전달을 통한 MIF의 SDF-1 생성 유도

조미라(Cho, Mi-La),박미경(Park, Mi-Kyung),김경운(Kim, Kyoung-Woon),오혜좌(Oh, Hye-Jwa),이선영(Lee, Seon-Yeong),박진실(Park, Jin-Sil),허유정(Heo, Yu-Jung),주지현(Ju, Ji-Hyeon),민준기(Min, Jun-Ki),이상헌(Lee, Sang-Heon),박성환(Park, Su 대한면역학회 2007 Immune Network Vol.7 No.1

Stromal cell-derived factor (SDF)-1 is a potent chemoattractant for activated T cells into the inflamed Rheumatoid arthritis (RA) synovium. To determine the effect of macrophage migration inhibitory factor (MIF) on the production of SDF-1 in the inflamed RA synovium. Methods: The expression of SDF-1 and MIF in RA and Osteoarthritis (OA) synovium was examined by immunohistochemical staining. The SDF-1 was quantified by RT-PCR and ELISA after RA fibroblast like synoviocyte (FLS) were treated with MIF in the presence and absence of inhibitors of intracellular signal molecules. The synovial fluid (SF) and serum levels of MIF and SDF-1 in RA, OA and healthy control were measured by ELISA. Results: Expression of SDF-1 and MIF in synovium was higher in RA patients than in OA patients. The production of SDF-1 was enhanced in RA FLS by MIF stimulation. Such effect of MIF was blocked by the inhibitors of NF-κB . Concentrations of SDF-1 in the serum and SF were higher in RA patients than in OA patients and healthy control. SDF-1 and MIF was overexpressed in RA FLS, and MIF could up-regulate the production of SDF-1 in RA FLS via NF-κB -mediated pathways. Conclusion: These results suggest that an inhibition of interaction between MIF from T cells and SDF-1 of FLS may provide a new therapeutic approach in the treatment of RA.