해적피해방지를 위한 형사법적 대응방안

최석윤(Choi, Suk-Yoon) 한국피해자학회 2004 被害者學硏究 Vol.12 No.1

This study addresses a countermeasure against piracy m the viewpoint of criminal law. The core idea of this study is that the criminal law has also to contribute some help to the prevention of piracy. Piracy is the enemy of the human race. Pirates commit acts of murder, robbery, plunder, rape or other villainous deeds at sea, cruelly against humanity. Korea, as a big maritime country, is obliged to suppress piracy under international treaties it ratified, including the UN Convention on the Law of the Sea and the two 1988 Conventions against maritime terrorism. Though Korea's existing domestic law and law enforcement are not adequate to crack down on piracy effectively, Korea has been making increased efforts by tightening up anti-piracy measures. Korea is also taking a positive attitude towards the regional cooperation which is necessary for the suppression of piracy in the waters of Southeast Asia In spite of the effects of international coordination and cooperation to prevent piracy, it is recently on an increasing trend every year. Such circumstances may have a bad effect on the sound development of world economy by means of trade in sea as well as treat to the safety of crews and safe operation of ships. In oder to contribute a help to the prevent of piracy, Korean Criminal Law has to be somewhat revised and the international cooperation in criminal justice has to be more closely fixed.

국제 대테러협약과 국내의 관련입법 추진현황

최석윤 ( Suk Yoon Choi ) 한국비교형사법학회 2015 비교형사법연구 Vol.17 No.4

This paper shortly looks through contents of thirteen international conventions against terrorism which was accepted by the UN and looks through the contents of the relatively more recently amended maritime terrorism related international conventions and implementation legislation of Korea. To simply summarize main points of this paper is as follows. First, regarding the understanding that, to deal with terrorism more efficiently, the cooperation of the international society is inevitable, UN adopted thirteen international conventions to hold against diverse terrorism, such as aircraft hijacking, bombing terrorism, maritime terrorism and nuclear terrorism. In addition Korea is currently member of all thirteen international conventions and is participating in the international cooperation for controlling terrorism by implementing its legislation in need. Second, 1988 SUA convention and SUA protocol has been amended after the incident of the 9.11 terror, however Korea is currently not a member of the amended 2005 SUA convention or the SUA protocol. Accordingly, considering the future international situation and convention taking effect and its influence Korea`s marine transport industry, it is necessary to consider becoming a member of 2005 SUA convention and SUA protocol by not only the cooperation within the government ministry itself but also with the help of private institutions like the Korean ship owner association or Korea Association of marine technician. Third, in case when Korea becomes a member of 2005 SUA convention of SUA protocol, amendment of punishment of damaging ships and sea structures act, a transitional law, is needed and in the process, for elimination the ambiguity of the definition of a concept and elimination of the arbitrariness of law, a detailed analysis is needed for law breakings in transportation of WMD or related products, ambiguity of dual-use products, problems in search on board system.

피고인의 진술거부권과 형사소송법 제314조의 진술불능사유 - 대법원 2013.6.13. 선고 2012도16001 판결에 대한 평석-

최석윤 ( Suk Yoon Choi ) 한국비교형사법학회 2014 비교형사법연구 Vol.16 No.2

In this paper, we commented on target precedent by closely studying issue of ‘the defendant’s right to refuse to make statements and the grounds of the statement incapacity of § 314 of the criminal procedure``. The main contents of this paper are like below. First, viewed in light of revision object of § 314 of the criminal procedure, and regulations related to right to refuse to make statements, the situation when the defendant performs the right to refuse to make statements does not apply to ‘the times when it is impossible to make statement by other reasons accordingly`` of § 314 of the criminal procedure. Additionally the issue of the target precedent is the meaning of ’the times when it is impossible to make statement by other reasons accordingly``, and whether the situation when the defendant performs the right to refuse to make statements is applied to ‘the times when it is impossible to make statement by other reasons accordingly`` of § 314 of the criminal procedure. Second, the grounds of the statement incapacity of § 314 of the criminal procedure means ‘the one who requires statement in pretrial procedure or a fixed day for public trial is unable to make statement by death, illness, foreign residence, unknown whereabouts, and the times when it is impossible to make statement by other reasons accordingly``. This also accords with the comparative law review result with foreign legislation, like American, German, and Japanese law. Additionally. ‘the times when it is impossible to make statement by other reasons accordingly’ should be interpreted, limited to situations when it is objectively, and physically impossible to make statements, like in situation of death, illness, foreign residence, and unknown whereabouts, also in situations when person making a statement is missing or is an amnesiac or is unable to make statement due to the shock from the harm. Third, there is no precedent on defining whether defendant pursuing right to refuse to make statements falls under ‘the times when it is impossible to make statement by other reasons accordingly`` of § 314 of the criminal procedure and the reference discussing this case is nonexistent. However, when viewed in light of the perspective that ‘the times when it is impossible to make statement by other reasons accordingly`` should be limited to the stated examples of situations when it is objectively, and physically impossible to make statements like death, illness, foreign residence, and unknown whereabouts, the perspective that the exclusive rule of hearsay should be interpreted restrictedly as possible, revision objective of § 314 of the criminal procedure trying to intensify the elements grounding on principle of direct trial and principle of concerned public trial, target precedent ruling that when the defendant performs the right to refuse to make statements is no relevant to ‘the times when it is impossible to make statement by other reasons accordingly`` of § 314 of the criminal procedure. is proper. To conclude, target precedent as the first ruling on ``the times when it is impossible to make statement by other reasons accordingly`` of § 314 can be evaluated as ``another turning point for heading towards procedure of criminal cases of a country governed by law``. By the target precedent, when the defendant refuses to make statement on the paper that the defendant filled out, the way to accept admissibility of evidence in nature was caused to be fundamentally closed. However, situation of such is to be born to guarantee the fundamental human rights of the public in the procedure of criminal cases in a country governed by law and the investigative agency should find way in solving this problem by using scientific investigation.

제6회 한,중 형법 국제 학술심포지움 : 한국의 소년분류심사제도에 관한 연구

최석윤 ( Suk Yoon Choi ) 한국비교형사법학회 2008 비교형사법연구 Vol.10 No.2

제9회 한,중 형법 국제 학술심포지엄 : 부패범죄의 원인과 대책

최석윤 ( Suk Yoon Choi ) 한국비교형사법학회 2011 비교형사법연구 Vol.13 No.2

In this report, I examined through the concept and the present condition of corruption crime and also reviewed the causes and countermeasures. The contents can be summarized by the following passages. First, to define the concept of corruption crime according to the general definition of corruption, it is the action of public officials abusing or misusing their status and authority for their private benefits. It is usually shown as a form of dereliction of duty, misfeasance, taking bribes, offering bribes, property crimes such as embezzlement and malfeasance in office. According to the official statistics and the survey, the crime rate has decreased compared to the past but is rising again. Second, the happening of corruption crimes in Korea is a result of both microscopic and macroscopic factors complex interacting. In other words, corruption crime is not only because of public officials` personal characters or values but also due to the structural factors and cultural traditions (in this case, the cultural feature of the public officials` organization) of the Korean society. Supreme power that cannot be regulated, incompleteness of rational and fair process, absence of fair rules, flaws in rational legal·institutional regulation device or the problems of the devices are included as the social structural factors. Nepotism, affective humanism or paternalism, culture of returning, practice of sending presents, family events culture, bureaucrat etc are the cultural traditions that cause corruption crimes. The pressure of conforming to organization standards which is also a cultural feature of Korea can be a cause of the crime, as well. In addition, despite the introduction of diverse legal·institutional regulation devices trying to eradicate corruption crimes for the past ten years in Korea, recently, the crime has been increasing instead. Hence, there is a need to establish a special organization against corruption in legal·institutional aspects or guarantee politic independence and grant the practical right to investigate. Moreover, a thorough prosecution to the public officials who committed crime of corruption, the maintenance of consistency and fairness in criminal justice system, modification and improvement in irrational rules are required. We also need to lead citizens to change their thoughts and reinforce norm consciousness by thoroughly and consistently taking judicial action of the corruption crimes induced by the social and cultural tradition of Korean society. Such fair and consistent criminal justice system will make it possible to change the public officials` perception and gradually improve the social, cultural traditions. Furthermore, to cope with the crimes in aspects of public officials` organization and duty, reasonable pay system and fair promotion system should be established, and cut off external pressures by thorough observation and punishment of politicians and senior officials. Conclusively, countermeasures to the corruption crime should help the public officials to perform their job responsibly in a healthy environment by changing the policies that cause the corruption instead of the negative regulations focused in punishment. Also because the measure for corruption crime takes reducing the crime rate it self as a primary goal, criminal prosecution and punishment is unavoidable, but ultimately under the vision of Providing the service for citizen with low cost but high quality service.

재판전서비스제도의 구체적 도입방안에 관한 연구

최석윤 ( Suk Yoon Choi ) 한국비교형사법학회 2007 비교형사법연구 Vol.9 No.1

제4회 한,중 형법 국제 학술심포지움 : 사형의 형사정책

최석윤 ( Suk Yoon Choi ) 한국비교형사법학회 2007 비교형사법연구 Vol.9 No.2

제4회 한,중 형법 국제 학술심포지움 : 보험과 형법

최석윤 ( Suk Yoon Choi ) 한국비교형사법학회 2006 비교형사법연구 Vol.8 No.2

해상테러행위에 대한 법적 책임과 대응방안

최석윤 ( Suk Yoon Choi ),이윤철 ( Yun Cheol Lee ),홍성화 ( Sung Hwa Hong ),조동오 ( Dong Oh Cho ) 한국해법학회 2007 한국해법학회지 Vol.29 No.2

Maritime terrorism at sea is the form of violent interference with shipping. Their global reach and negative impact on sea transportation, safety of navigation and marine environment, as well as the threat they poses to human lives and property, call for effective countermeasures at the international and national level at the same time. Amongst such countermeasures, those directed at strengthening the legal protection of shipping become of paramount importance. Accordingly, this thesis covers the regulation of maritime international law that is related to maritime terrorism, which is issued in the problems of maritime international law and the countermeasures. Also, it shows some ideas of the national and the international criminal law, concerned with the terrorism. This article suggests countermeasures of the maritime terrorism, some plans for indemnity of the loss that Ship-owners or Cargo-owners may get from the terrorism to their ship or cargo loaded, and legal liability for the injured, dead or missing seamen on board as well as lost personal effects by maritime terrorism.

양형기준설정과 관련된 몇 가지 고려사항

최석윤 ( Suk Yoon Choi ) 한국비교형사법학회 2008 비교형사법연구 Vol.10 No.1