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.

공법 : 특정 성범죄자의 신상정보 활용제도의 문제점과 개선방안 -성범죄자 등록,고지,공개제도를 중심으로-

박찬걸 ( Chan Keol Park ) 한양대학교 법학연구소 2010 법학논총 Vol.27 No.4

Juvenile sex protection law recently amended releases through the Internet detailed information of sexual offenders(name, age, physical characteristics, photo, address) unlike the past releasing method. The Court determined to disclose of personal information on the sexual criminals for youth and notify their identities such as name, birth date, occupation, address(city, county and district) and crimes that have committed on the Ministry of Gender Equality and Family`s homepage. The National Assembly passed revised law related to prevention of sex offence against juvenile; revised law to strengthen the registration of sex offenders, to introduce the notification of sex offenders etc. But the present sanction to the sex offender is not enough to prevent the offence. So nationwide notification method must be amended in order not to violate the privacy of offenders and their family and we should devise a better system for the protection of human rights. Finally In order to prevent sexual exploitations and violences against juveniles, what is needed for diminishing sex offences is not to make new sort of treatment or sentence heavier punishment but to supplement the current system by making the analysis process more efficient.

전기통신금융사기 관련 범죄의 가벌성 검토

박찬걸 ( Park Chan-geol ) 홍익대학교 법학연구소 2020 홍익법학 Vol.21 No.3

Telecommunications fraud occurring in Korea has continued to evolved up to now, and in spite of various efforts of the government authorities and related organizations, it has emerged as a continued social problem as the scale of damage is growing rather than declining. Thus, this manuscript aims to consider how we can deal with illegality shown in the series of the process of crime within the scope of control system of the current law focusing on the ‘punishment’ against telecommunications fraud. Especially, most of telecommunications fraud assume the form of organized crimes, so it is difficult to wipe out such members as the majority of gang members take a point organization form and such difficulty has been doubled as cooperative investigation with overseas investigation agencies is not made smoothly. Considering the reality, hands-on workers carry out investigation placing a focal point on circulation of access media and cash withdrawal from a fake deposit bankbook focusing on the fake deposit bankbook. Thus, it is necessary to understand connecting links of bank account used for fraud and consider violation which is the Clause 4, Article 49 of the Electronic Financial Transaction Act. It is also needed to consider the liability of an accessary to a crime if a holder of fake deposit bankbook in telecommunications fraud was able to recognize or predict that circulation of one’s bankbook can be used for crime of the chief criminal. Next, through enactment of Article 15-2 of the Telecommunication Damage Repayment Act, the current law punishes input of information·order for the purpose of telecommunications fraud, so this manuscript intends to attempt interpretation of the legal nature and constituent. Lastly, as part of improvements for the current circumstances that are considered insufficient for compensation of damage caused by telecommunications fraud, this manuscript will finish discussion by emphasizing the necessity to punish members involved in such crimes under the crime of organization of a criminal group and control as a grave crime in accordance with the Act on Control of Concealment of Criminal Proceeds.

군 영창제도의 문제점과 개선방안

박찬걸 ( Park Chan-keol ) 홍익대학교 법학연구소 2017 홍익법학 Vol.18 No.1

With respect to the guardhouse disposition which has been regulated from the time of enactment of the 「Military Personnel Management Act」(No. 1006 of the Law) on January 20, 1962, many problems have been pointed out in terms of improvement of human rights in the armed forces and supplementation work for the aforementioned is being made. First of all, through the revision of the 「Military Personnel Management Act」on April 28, 2006, specification of causes for disciplinary action on servicepersons that were comprehensively regulated, enhancement of guardhouse disposition for prevention of abuse of guardhouse disposition, introduction of military judicial officer system in charge of human rights for examining legality of guardhouse disposition의 legality, introduction of notice system for guardhouse disposition for relatives of prisoners and granting force for suspension of execution at the time of appealing against guardhouse disposition have been supplemented. And for the purpose of regulating matters necessary for disciplinary action on servicepersons in accordance with regulations from Article 56 through 61 of the「Military Personnel Management Act」, the 「Ordinance on the Disciplinary Action against Servicepersons」has been enacted and enforced from August 22, 2007, and Namok of Item 1 of Article 2 of the 「Enforcement Regulations of the Ordinance on the Disciplinary Action against Servicepersons」which was enacted on November 22, 2007 is concretely regulating detailed standards for weighing of disciplinary action against soldiers in its annex. And the 「Instructions on the Standards for Guardhouse Execution and Treatment of Prisoners in Guardhouse」has also been enacted and executed from February 14, 2011 to guarantee legality of guardhouse disposition and human rights of prisoners in the execution process of guardhouse by regulating standards and procedure of treatment for prisoners. Notwithstanding such improvement and efforts, however, problems of guardhouse disposition have continued to be raised and examples include violation of warrant requirement which is guaranteed in the Constitution in the terms of detaining without a warrant from a judge, violation of the principle of prohibition on cumulative penalties in the way that the period of detention in a guardhouse is not included in the term of military service, violation of the principle of statutory reservation in the way that installation of guardhouse is not based on the law and violation of the principle of proportionality in terms of detaining prisoners in a same place with convicts as well as pretrial detainees providing inferior treatment. Based on such a discussible situation, this manuscript analyzes the reality focusing on the present conditions and procedures of military guardhouse disposition, and aims to analyze problems focusing on the violation of warrant requirement, violation of due process and violation of equality based on the foregoing, and will finish discussion proposing lightning abolition of guardhouse disposition and suggesting a plan for diversification of disciplinary actions.

군형법상 군무이탈죄와 관련된 문제점과 개선방안

박찬걸(Park Chan-Keol) 한국형사정책학회 2010 형사정책 Vol.22 No.1

Desertion from the military service would cause not only personal disaster but also serious military results such as a loss of military power, a weakening of morale in military and the decline of military dignity. Nevertheless desertion from military service crime is important and occurs frequently from the military, about the position of analysis or judicial precedent is not clear. The contents of this study is as follows; Ⅰ. Introduction Ⅱ. Desertion from the military service(§30 ①) 1. The problem related character of crime 2. The problem related object requirement 3. The problem related punishment Ⅲ. Desertion from the military service(§30 ②) 1. meaning 2. The problem related object requirement Ⅳ. The problem and improvements of desertion from the military servicerelated crimes. 1. Violation of an order 2. Desertion from the special military service Ⅴ. Conclusion

성충동 약물치료제도 도입의 문제점과 개선방안

박찬걸(Park, Chan-Keol),송주영(Song, Ju-Young) 한국형사정책학회 2011 형사정책 Vol.23 No.1

The chemical castration for sex offender in order to reduce and manage risk of re-offending is currently used in the United States and European countries. The use of chemical castration is the use of drugs to treat and/or help manage the risk of sex offenders. Due to the increased concern of public fear of the serious sexual crime against children, the ministry of Korea suggests various policy implications. The policy implications include managing high-risk sex offenders, the use of electronic surveillance system, public profiling on sex offenders, and the medical treatment for paedophile. Recently, the 'Chemical Castration for Sex Offender Law' is established on July, 23, 2010 and will enforce from July, 24, 2011. This paper examines and assesses the main contents and problems of the 'Chemical Castration for Sex Offender Law'. Then, the paper will also introduce and compare the contents of the various types of chemical castration law by states in the United States. Finally, the paper will also evaluate whether such law and treatment for sex offender is a viable option. The controversial debate on the chemical castration is still crucial topic among policy makers, but withdrawing the current law seems impossible. Although the administration of chemical castration injections is not unnecessarily invasive, it is nevertheless criticized as a method of treatment due to the number of possible side effects. It is worth noting that several of the side effects can be controlled through supplements and constant medical monitoring. Therefore, the better understanding and improvement of the chemical castration law are necessary.

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

박찬걸 ( Chan Keol Park ) 한국형사정책학회 2011 형사정책 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.

아동,청소년이용음란물소지죄의 해석론 및 입법론에 대한 검토

박찬걸 ( Chan Keol Park ) 한국형사정책학회 2013 형사정책 Vol.25 No.2

In relation with pornography possession crimes that are being evaluated as one of various prevention and countermeasures on sex crimes objecting to children and youth to which rigid devotion of stiff criminology are going forward to the degree of not comparing with any other crime areas, pro and cons on whether to make criminal charges itself in addition to fierce controversies on configuration requirements and punishment aspects are being confronted actually. Thus, this study looked into enactment and transitions of the crime, enforcement and treatments, interpretations on configuration requirements, legislation examples at foreign countries, and disputes on the maintenance and abolition etc same as the follows. First, though punishing the pornography in which children and youth appear seem to have certain protected legal interests such like preventing sexual harms on children and youth, criminal punishments on just appearances of virtual characters that can be recognized like children and youth at cartoon, animation, and games etc could be said as excessive legislation. Second, it is not unfair to judge possessing intentions alike in case of not quickly deleting the video quickly after downloading without knowing it as the pornography using children and youth and then watching it. The reason is that acknowledging the intention of possession is corresponded to be interpreted to the accused too disadvantageously in spite of no separate deeming provisions on the possession in laws. Thirdly, researcher cannot agree with the conclusion because strengthening regulations on simple possessing persons of pornography using children and youth as means of preventing sexual crimes on them is not insufficient in its basic premise. Fourthly, enforcements and penalties focusing on supplies including manufacturers and sellers etc like adult pornography instead of users could be said as more effective responses to sexual exploitation. As with all criminal policies, supplier-centered punishments are proper when considering terms of effectiveness called ‘selection and concentration’ through limited resources. Fifthly, fundamentally blocking approaches of adults to pornography under the pretext of preventing youth sexual cannot be justified, and regulating approaches to pornography because of confusions about sexual identity in case of adults could be said as excessive restrictions on basic human rights.

성 구매자 재범방지교육(John School)의 함축적 의미

박찬걸 ( Chan Keol Park ),송주영 ( Ju Young Song ) 홍익대학교 법학연구소 2013 홍익법학 Vol.14 No.2

After the enforcement of the Anti-prostitution Act, September 2004, it has been dealing as monetary penalty via summary trial for the first offense and for those who are concerning for their recidivism then it goes thorough the regular criminal trial or sending as a protection case among the prosecution system. It has not been actively processed due to the privacy such as the John`s behavior can be announced to their family or their relatives if it is sending as a protection case. The prosecution system, therefore, is admitted the John School to provide a balance between the power of the women and protection for the suspects and decide the termination for the case during the investigation stage. August 27, 2005, the first John school for eight people who were all as first time offense was established and provided in the Seoul Probation Office. It shows the well-marked beginning of Korean John School. The John school is established not for the criminal punishment but for the prevention and prohibition of the prostitution through education. After the ministry of justice enacted John school for the first offense in July, 22, 2005, there are 42 John Schools in Korea in March, 2013. By the Ministry of Justice, Most of the Johns are the normal men who have biased sexual knowledge and used to involve in prostitution as habit who live in the male-oriented culture so that it is better to provide a educational treatment than monetary penalty to change their point of view in regards to prostitution.

함정수사의 허용요건과 법적 효과 -대법원 2008. 10. 23. 선고 2008도7362 판결을 중심으로-

박찬걸 ( Chan Keol Park ) 홍익대학교 법학연구소 2011 홍익법학 Vol.12 No.3