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      • KCI등재

        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.

      • KCI등재

        연구논문 : 장애인 대상 성폭력범죄에 관한 최근의 입법과 합리적 대처방안 -일명 "도가니법"에 대한 비판적 검토를 중심으로-

        박찬걸 ( Chan Keol Park ) 한국형사정책학회 2011 刑事政策 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.

      • KCI등재

        소년보호처분의 전력을 전자장치부착명령의 요건으로 할 수 있는지 여부에 대한 검토

        박찬걸 ( Park Chan-keol ) 한국소년정책학회 2015 少年保護硏究 Vol.28 No.-

        Supreme Court recognized that the ruling of the original trial was lawful regarding its dismissal of prosecutor's request for electronic device attachment based on its decision that a past juvenile justice processing history for sexual violence crime in addition to committing a sexual violence crime, which is the criminal fact of this case, by the claimant of non-attachment order does not apply to the case of having committed crime more than twice, which is defined in Subparagraph 3, Paragraph 1, Article 5 of Electronic Device Attachment Act. Despite such provisional conclusion, it is necessary to pay attention to opposing opinions being presented in the supreme court grand bench decision. According to the author's opinion, it is true that the basis of an argument being presented in minority opinions appears to be rather more convincing. This paper will first identify differences in the juvenile ruling procedure and criminal suit procedure regarding the notion of protective disposition and ex officio principle trial procedure Based on such findings, it will review the basic premise for discussion by examining the legal characteristics of electronic device attachment order and past changes in the conditions for electronic device attachment order. Based on such review, it will review main issues of this case by dividing it into specific parts of whether juvenile processing history can be included in ‘sexual crime committed more than twice’, interpretation of Paragraph 6, Article 32 of Juvenile Act, ruling on doer element (habit) in addition to behavior element (sexual violence crime) to conclude the discussion.

      • KCI등재후보

        7호 처분 집행의 법적 근거 명확화에 관한 연구

        박찬걸 ( Park Chan-keol ) 한국소년정책학회 2014 少年保護硏究 Vol.25 No.-

        According to the subparagraph 7, paragraph 1, article 32 of the current Juvenile Act, the judge of Juvenile Court can rule a disposition of 'entrusting to juvenile medical care facilities according to the law on treatment of hospital, sanitarium or protected juvenile' among the types of protective dispositions based on the hearing result. In this context, an issue is raised on whether ‘juvenile medical care facilities’ being referred to in subparagraph 7 disposition among the protective disposition of the Juvenile Act can be identified with medical & rehabilitation education juvenile hall' being referred to in the protective disposition ordinances. If it can be identified, an issue is raised on whether the disposition of subparagraph 7 also conform to 'the disposition of sending to juvenile hall'. It is because it could cause the result of subparagraph 7 also conforming to the disposition of sending to juvenile hall if juvenile medical care facilities are medical & rehabilitation education juvenile hall since in the existing discussion, the disposition of sending to juvenile hall commonly refers only to subparagraph 8 or 10 disposition among protective dispositions. In terms of the opposite case, if 'juvenile medical care facilities' being referred to in subparagraph 7 among protective dispositions in the Juvenile Act cannot be identified with 'medical & rehabilitation education juvenile hall' being referred to in protective disposition ordinances, it can be said that there is a gap in legislation only with existing ordinances due to lack of grounds to enforce subparagraph 7 at medical juvenile hall among the protective dispositions of paragraph 1, article 32 of the Juvenile Act. For such reason, it would be necessary to newly establish regulations related to the concept of 'juvenile medical care facilities' specified in the Juvenile Act, grounds in ordinances and grounds & principles of medical treatment. Hereinafter, the significance and contents of subparagraph 7 will be reviewed focusing on the necessity of subparagraph 7 disposition and process of change of organization in charge, period of subparagraph 7 disposition and status of recent dispositions, the cost burden issue of 'entrusted disposition such as hospital', status of transferring the subjects of subparagraph 9 & 10 dispositions to the subparagraph 7 disposition organization. In addition, it will examine existing discussions on re-establishment of the practical meaning of the entrusted disposition to juvenile medical care facilities and the concept of protected juvenile, as well as examine the status of legislative improvement. It will conclude the discussion by analyzing future assignments to supplement the task of clarifying legal grounds to enforce subparagraph 7 disposition.

      • KCI등재

        류마티스 : 전신홍반루푸스로 오인된 혈관내B대세포림프종 1예

        박찬걸 ( Chan Keol Park ),이정찬 ( Jeong Chan Lee ),강성욱 ( Seong Wook Kang ),심승철 ( Seung Cheol Shim ),윤환중 ( Hwan Jung Yun ),김진만 ( Jin Man Kim ),유인설 ( In Seol Yoo ) 대한내과학회 2015 대한내과학회지 Vol.89 No.6

        Intravascular large B-cell lymphoma (IVLBCL) is a rare subtype of non-Hodgkin’s lymphoma (NHL) and that progresses rapidly and is usually fatal. Because it usually presents with nonspecific symptoms, such as fever, the early diagnosis of IVLBCL is very difficult and it is often misdiagnosed as another disease. Systemic lupus erythematosus (SLE) is an autoimmune disease that affects various organs. The clinical manifestation of SLE ranges from rash and arthritis through anemia and thrombocytopenia to serositis, nephritis, seizures, and psychosis. Thus, it can be easily confused with many other disorders. We report a case of IVLBCL mimicking SLE in the initial diagnosis. (Korean J Med 2015;89:746-751)

      • KCI등재후보

        강간죄의 객체로서 "아내"의 인정 여부에 관한 소고

        박찬걸 ( Chan Keol Park ) 한양대학교 법학연구소 2009 법학논총 Vol.26 No.2

        Korean has not admitted marital rape punishable conduct since 1970`s judgement of Supreme Court. In other words, The Korean jurisprudence has maintained the marital rape exemption even if Korean Penal Code itself does not provide any basis for the exemption. According to existing laws, rape by her husband is also punished at least 3 years imprisonment. And established theories also have denied coerced intercourse between husband and wife as crime. These case admitted only intimidation, coercion and violence. But coerced intercourse with serious violence by husband must be punished. After due consideration this point, recently judgement of Supreme Court and judgement of Bu-san district Court admitted martial rape. If nation does not intervene these serious criminal conducts, husbands rape his wife easy. Indeed marital rape by husband is occurred mostly under the same house. There is no rational basis for distinguishing between marital rape and non-marital rape. Marriage has never been viewed as giving a husband the right to coerced intercourse on demand. Certainly a marriage license should not be viewed as a license for a husband to forcibly rape his wife with impunity. A wife has the same right to control her own body as does an unmarried women. We need not established new act or provision marital rape, because present criminal act contains marital rape as crime. So through explanation of present criminal act`s `Bu-nyeo`, the rape by husband could be punished.

      • KCI등재

        성매매 알선범죄에 대한 행정처분의 활용방안

        박찬걸(Park Chan-Keol) 한국형사법무정책연구원 2016 형사정책연구 Vol.107 No.-

        본고는 우리 사회에 만연되어 있는 성매매알선행위에 대하여 강력한 형사처벌을 부과하는 방법 이외에 행정처분의 적극적인 활용을 통하여 성매매의 예방에 기여하고자 함을 그 목적으로 하고 있다. 이를 위하여 우선 성매매알선범죄의 개념에 대한 해석론 및 최근의 판례의 태도를 살펴보고, 풍속영업규제법상 풍속영업의 종류를 알아본다. 이후 풍속영업규제법 제10조 제1항과 성매매처벌법 제19조 제2항 제1호와의 관계, 허가관청과 경찰과의 긴밀한 협조체계의 구축필요, 행정처분 내용의 상이성 및 개별 법률에 의한 산재 현상, 자유업종 풍속영업소에 대한 행정처분의 근거 부재 등에 대한 행정처분의 부과와 관련된 기존의 논의 및 문제점을 검토한 후, 이에 대한 개선방안으로서 정보공유시스템 운영, 허가관청 공무원의 준수사항 이행여부 감시권 부여 등을 통한 허가관청과 경찰과의 긴밀한 협조체계를 강화하고, 성매매알선등행위에 대한 행정처분내용의 통일, 음란행위알선등행위에 대한 행정처분내용의 통일, 영업정지명령위반에 대한 제재의 법적 근거 격상 등을 통하여 행정처분사유 및 행정처분내용을 통일하며, 궁극적으로는 기존 풍속영업규제법을 보완하여 자유업종 풍속영업소에 대한 행정처분 부과의 근거를 마련하는 것을 주장하며, 논의를 마무리하기로 한다. The purpose of this paper is to contribute to the prevention of prostitution by actively utilizing administrative measure in addition to the method of imposing strong criminal penalty on the intermediation of prostitution that is prevalent in our society. Accordingly, it will first review the analytical theory and the trend of recent precedents on the concept of the intermediation of prostitution crime, and examine the types of businesses which may affect public morals in the Regulatory Act on Businesses which may affect Public Morals. In addition, it will review existing discussions and issues related to the relation between Clause 1, Article 10 of the Regulatory Act on Businesses which may affect Public Morals and Item 1, Clause 2, Article 19 of the Punishment of Prostitution Act, the need to establish a close partnership between authorizing agency and the police, the scattering of industrial accidents according to dissimilarity in the contents of administrative measure and individual laws, the imposition of administrative measure on absence of basis of administrative measure on self-employment businesses which may affect public morals. Based on such review, it will present suggestions for improvement such as establishment of notification system to the Director of the National Tax Service, operation of information sharing system, granting of the authority to oversee to public officials of authorizing agency on compliance fulfillment status for strengthening a close partnership between authorizing agency and the police, unification of the contents of administrative measure on acts of intermediating prostitution, unification of the contents of administrative measure on acts of intermediating lewd act, promotion of the legal basis of sanctions on violation of the suspension of business order to unify the grounds and contents on administrative measure and ultimately supplement the existing Regulatory Act on Businesses which may affect Public Morals to prepare a basis of imposing administrative measure on self-employment businesses which may affect public morals to end the discussion.

      • 북한 형법의 변천과정 및 특징

        박찬걸 ( Park Chan-keol ) 대구가톨릭대학교 사회과학연구소 2016 사회과학논총 Vol.15 No.-

        Criminal law in North Korea is based on the nature of social strata and it has a nature of political law by prioritizing its function to the protection of political system rather than the benefit and protection of the law. Also, the criminal law in North Korea can be regarded that it reflects the ideologic characteristics by means of strong measure to protect the system of North Korea as it reveals the policy of the Labor Party which is the realization of Kim, Ilsung`s teach and Juche ideology only. Therefore, the criminal law in South Korea can be evaluated to focus on the protection of individual right rather than public order if we compare with the criminal law in North Korea as theirs are focusing on the value of the group and maintenance of order. Partial amendment of legislative bill of criminal law submitted to the 19th National Assembly of South Korea can be compared to the recent tendency of criminal law in North Korea. Though we may applause the effort of National Assembly of South Korea, acceptance of opinions from various fields will be required to establish better criminal law system. In the meantime, excessive criminalization and punishment that is conducted as the countermeasures of crimes should be refrained. It is required to promote the policy while considering the propositions that certainty and fast action of punishment is much effective than the forceful punishment or forceful criminal policy to prevent the crimes. The reason for this is because it is the self-evident historic truth that the effectiveness will be reduced and the value as the norm will be dimmed if the criminal law is degenerated to the symbolic method.

      • KCI등재

        학술대회발표논문 : 배임죄의 양형기준과 구체적 사례에 있어서 형량의 문제점

        박찬걸 ( Chan Keol Park ) 한국법정책학회 2013 법과 정책연구 Vol.13 No.2

        현재 진행되고 있는 배임죄에 대한 형량강화 및 집행유예 원천봉쇄의 주된 표적은 소위 재벌이라고 불리우는 우리 사회의 특정계층임을 부인할 수는 없을 것이다. 특히 배임으로 인한 이득액이 50억원 이상 또는 300억원 이상의 경우에 형벌을 가중하는 조항은 대한민국 국민이면 누구나 범할 수 있는 성격의 범죄가 결코 아니다. 절도로 인한 이득액을 기준으로 구성요건을 다르게 하여 형벌을 가중하는 경우와는 달리 구성요건의 해석에서부터 추상적ㆍ모호성ㆍ재량성이 상당 부분 녹아 있는 배임죄라는 칼을 가지고서 그 이득액에 따라 가중처벌하겠다는 것은 재벌길들이기의 또 다른 형태에 불과할 뿐이다. 지난 2013. 4. 25. 박근혜 대통령은 ‘경제적 약자 지원, 단계적 추진으로 부작용 최소화, 대ㆍ중소기업 공생’이라는 ‘경제민주화의 3원칙’을 제시한 바 있는데, 이는 지나치게 대기업 규제 위주로 경제민주화를 해석하고 운용하려는 일각의 행태를 바로잡기 위한 조치라고 보여 진다. 지금까지 배임죄의 선고형과 운용실태에 대하여 끊임없는 비판이 계속되어 왔음에도 불구하고 우리 법원이 비판세력의 입장을 충분히 반영하지 않았고, 우리 대통령이 사면권을 지속적으로 행사한 것도 그 나름대로의 충분한 이유가 있었음을 이해해 볼 필요가 있다. 또한 우리 사회가 고위경영자의 성공사례를 바라보는 시각이 경영판단 내지 경영기법의 혁신 등에 의한 결과로 보기 보다는 관련 부처 공무원을 매수하거나 정치권력과의 연계를 통한 결과로 바라보는 부정적인 시각에 기인한 것은 아닌지 냉철하게 생각해 보아야 할 때이다. All recent laws on economic democratization were suggested as problems in campaign pledges of last general election processes centering on resolving economic polarization or Chaebol regulation, and a proposition seems to be assumed such like punishing levels on businessmen, specially to the head of large companies or their family members had to be much more strengthened than the past. Actually, there are many perspectives that equity is insufficient when comparing criminal responsibilities of high-ranking executives are compared with other general crimes in case their management actions are assumed to the breach of trust crime at Korea society. Blinking sarcasms are continuously being well-known such like Chaebol heads are avoiding actual prison by being sentenced to 3 years imprisonment and 5 years probation, and they are endowing special advantages through amnesty, and questions are caused to the justice of criminal punishments and lowering trust on judiciary as well owing to serious unbalance compared to sentences to general people because sentences to Chaebol are too generous. Strengthened criminal responsibilities are insisted generally by increasing previous penalties prescribed by laws on the breach of trust crime of high-ranking executives and adjusting sentencing guidelines strictly, and also possibly restraining probation to the maximum. However, there are some worries on the possibility of degenerated forms like squeezing large companies under social atmospheres that center on corporate maturity, social responsibility, and public interest activities etc contrary to the past when focused on growth only while unstable economic situations at home and abroad make the popular economy difficult and economic crimes are not lessened as well. Also, judiciary should raise a counter-question whether heads of large companies are rather getting reverse discriminations by being swept away from the stream of times called economic democratization. Of course, this does not mean exemptions of heavy criminal punishments to breach of trust actions to which other specific illegality are committed such as accounting fraud, tax evasion, slush fund composition and misappropriation, and illegal loan etc. Merely, some discussions on weighted criminal punishments toward pure judging behaviors on management that cannot but to be done frequently by high-ranking executives at least or violating actions on faith principles that shall be resolved from the scope of management ethics are likely to have rooms for reconsiderations.

      • KCI등재

        보호처분의 결정 등에 대한 항고권자에 검사 또는 피해자 등을 포함시키지 않는 것의 타당성 여부 - 헌법재판소 2012. 7. 26. 선고 2011헌마232 결정을 중심으로 -

        박찬걸 ( Park Chan-keol ) 한국소년정책학회 2013 少年保護硏究 Vol.21 No.-

        The appeal in the juvenile law is corresponding to one kind of procedure to get relief by an appeal of dissatisfaction with the not yet decided decision to the higher court as meaning the dissatisfaction with the trial and the disposition of the juvenile protection case conducted by the juvenile department of the family court or the single judge of the juvenile department belonged to the district juvenile court under the jurisdiction of the place of an act, the dwelling place or the present address of a juvenile delinquent. There is a difference between the decision specified in the article 43 which has the character of final judgment in fact in this regard while the general appeal namely is intended for before end of trial in connection with the procedural matters in the course getting to the judgment; it may be judged that as a result the character of dissatisfaction with the final trial in the appeal of the juvenile law is relatively strong compared to the general appeal. If it is appraised like this, the necessity to allow the appeal in principle arises, it would not place a limit upon the person who can file of an appeal like the criminal procedure. However, the Constitutional Court is presenting the legal opinion (4 persons) to the effect that the prosecutor or the victim, etc. is not included in the appellant in juvenile law is not in contrast to the principle of Constitution through the object decision. The concurring opinion (1 person) and the incompatible opinion with the constitution (3 persons) on this express the opinion that the current law reducing the range of appellant is necessary to be improved legislatively. It is judged the situation is that the question if it is valid for the prosecutor or the victim, etc. to be included in the appellant in the juvenile law indeed is not wiped out still, in the midst of confrontation with opinions tensely for whether or not of unconstitutionality for the corresponding regulations among total 8 judges involved in the constitutional appeal for the article 43 like the object decision. This study, based on the point at issue, is intended to draw the conclusion to the effect that the prosecutor or the victim, etc. shall be included in the appellant is valid for the purpose of presenting the additional reason for an argument with the parts not appeared in the concurring opinion and the incompatible opinion with the constitution as the center out of decision of the Constitutional Court.

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