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2018, Vol.6, No.2

  • 1.

    A Study on Victim's lawyer system

    Jeon Myung Gil | 2018, 6(2) | pp.9~25 | number of Cited : 0
    Abstract
    In the criminal case, the crime victim is a direct stakeholder of the case but is excluded from the criminal proceedings. Under the current criminal lawsuit structure based on the principle of the party, the prosecutor as a prosecutor and the perpetrator lead the case, In a position of witness to the examination of a witnesses. However, the Special Act on the Punishment of Sexual Crimes, etc. was revised and the victim's lawyer system was revised. Although the victim's attorney system is limited to victims of sexual violence crimes and victims of child abuse, it is an effective system that enables legal assistance to women and children who are socially weak and have difficulty in executing their own rights. However, there are many problems in the operation of the victim 's lawyer system. The implementation of the lawyer system for victims of crime can ultimately enhance the effectiveness of the national prosecution and realize restorative justice. Based on the existing lawyer system for victims of sexual violence crimes, the system should be improved in order to expand the scope of crime victims who can be selected as lawyers, and to strengthen the selection procedure and management of lawyers. In addition, it is necessary to legislate the duty of notifying the proceedings of proceedings and the matters to be processed, to ensure that the active victims' attorneys participate in the court proceedings, and publicity about the victim's attorney system itself will be needed. Even if it is difficult to select a victim 's lawyer for victims of all cases, it is necessary to expand the scope of the victim who can receive the help of the victim' s lawyer in consideration of the type of crime damage and degree of crime damage.
  • 2.

    A Comparative Study on Penal Mediation of the South Korea and the France

    MoonKwi KIM | 2018, 6(2) | pp.27~54 | number of Cited : 0
    Abstract
    This article compares and analyzes, from a critical point of view, South Korean penal mediation and French penal mediation which are presented as a representative penal measure containing elements of restorative justice. The careful examination of the penal mediation of the two countries, which tends to be part of the restorative philosophy, shows that, as far as practice is concerned, these two countries have similar problems in the restorative perspective. Oriented by the intentions of the judicial institution, the penal mediation in South Korea and France is very difficult to realize as an authentically restorative measure in the respect of its values ​​and rich of its potentialities. The consequences of this domination of the judicial institution on criminal mediation in these two countries are reflected in its implementation and are revealed through several examples. To overcome this impasse in the field of penal mediation and to integrate and evolve it, as a real measure of restorative justice, within the penal system of these two countries, the current practice of criminal mediation in South Korea and France should be restructured in accordance with the principles and objectives of the restorative justice, that restrictions be lifted, and that shortcomings be filled by obstructing the development of criminal mediation towards a promising penal response South Korea and France.
  • 3.

    A Study on the Suppression of Exclusive Prosecution Power through Separation of Investigation and Prosecution System

    JEON ChanHui | 이병근 | 2018, 6(2) | pp.55~84 | number of Cited : 2
    Abstract
    Current Korean prosecution system, authorized by Article 12, Section 3 and Article 16, Section 2 of the Constitution of the Republic of Korea, enables prosecutors to enjoy both rights of investigation and prosecution that ultimately controls the entire criminal justice system. There are people those who support the exclusive right of the prosecutor to demand warrant that this authority most effectively protects the basic human rights, yet this claim has not been sufficiently justified. Concerning the principle of the separation of powers on which democratic modern states are founded, it is common knowledge in executing governmental authority that state power must be checked and balanced. From the standpoint of democratic stream of checks and balance, It is obvious that even with certain changes in monopolistic judicial authority of prosecutor, current structure of Korean investigatory procedure by no means runs along the principle of separation of powers. This is why questioning the reorganization of the legal rights of prosecutor is a must. Through the argument proceeded in this article the following implications are two folds in that the resolutions for reorganizing investigatory and prosecution rights of prosecutors should maintain its cooperative perspective between prosecutor and police. And at the same time, the prescriptions should be effective on checking and balancing the investigation power of police. They come along with reenforcement of judiciary control from the judiciary and prevention of explosive growth of police authority.
  • 4.

    A comparative study about administration loss compensation in the local autonomy of korea and japan

    Kim, jong sik | 2018, 6(2) | pp.87~112 | number of Cited : 1
    Abstract
    This paper was a case study about administrative loss compensation of Korea and Japan. The reason is that, according to today's sudden changes and trends of society in nation, needed institutional response. so, To do this, I wanted to examine what kind of changes Japan which has developed more legally and institutionally than Korea. First of all, Theoretically when the national or local government do public works, and than take estates, uses, or limits the individual’s property. So, I try to study about them concern in theories, laws, institutionally, and Judicatures of the Supreme Court. followed about the results. First, The third cause of Article 23 of the Korea constitution law and the third cause of Article 29 of the Japan constitution have, But I found that These did not different point. Second, There is no general law on administration loss compensation between the two countries, and I could understand fact that this did by individual law. Third, If it were not any individual law, we claim damages directly by constitutional provision? theories are fact divided. Fourth, in case of expropriation, utilization, and restrict personal property rights, South Korea is approaching from the perspective of specific damage and acceptance. Japan is applying, it to the extent of utilizing and restricting property rights. This was the case especially in recent justicial decision in Japan for restricting property rights permanency.
  • 5.

    A Legal Study on Improvement of Deserted Building

    Kim, Myung-Yeop | 2018, 6(2) | pp.113~136 | number of Cited : 0
    Abstract
    Deserted buildings or vacant lots threaten the integrity of neighborhoods. There are so many incomplete and deserted construction of a building for lengthy period of time has been increased. If the deserted building is neglected for long period of time, the land resources can’t be utilized appropriately and causes social waste because Korea has limited land resources. To cope with these problems Act on Special Measures for the Maintenance of Construction-Halted Long Abandoned Buildings was legislated in May of 2013 and enacted in May of 2014. Lien that can handle verification of a lien quickly and easily, to promote continuing construction rapidly by solving the problem of a lien through juridical regulating system, and to actively use the administrative regulating system through dispute mediation committee of a building. deposit system’ that forces an owner to make a deposit should be introduced in order to guarantee the completion of construction. Permission for construction should have stricter regulations so as to prevent construction from being suspended. If a construction is suspended for a long while, the permission should be cancelled and moreover, deserted buildings should be removed.
  • 6.

    The Status of a Lease Creditor Who Applied for Compulsory Auction

    Jung Soo Kyoung | 2018, 6(2) | pp.137~157 | number of Cited : 1
    Abstract
    The real estate control policy of the new government has caused the real estate price decline and the phenomenon of inverse lease on a deposit basis. In this situation, the difficulty of deposit withdrawals brings about more serious problems if real estate is put up at auction. If a lessee who has opposing power in the Housing Lease Protection Act makes a leasehold setting registration to secure his or her right, it is necessary to review whether the right guarantee of the leaseholder is reinforced in the auction process. If the leaseholder on the fixed date and the creditor of lease are the same person and the same channel in practice and the person claims share on either one, the share is executed on the basis of higher order of priority because the claimed share is considered as the one for both rights. In addition, if the creditor of lease is a leaseholder who has opposing power, and the person couldn't receive the whole amount of security deposit with the priority right, the balance that the person couldn't receive is transferred to a purchaser based on the effectiveness of opposing power of the creditor of lease. However, if the creditor of lease applied for compulsory auction by schuldtitel of the deposit return, it should be viewed separately from request for distribution on the leasehold right. If there is balance of deposit that is not assigned at auction, the leasehold right shouldn't be extinguished. The compulsory auction by a creditor of lease should be considered as the one that implies another intention until the application. Eventually, even if a creditor of lease has both leasehold right and opposing power, the regulations applied to each are different, so the two rights should be separately applied. However, in order to compensate this, it is necessary to clarify the relation of right between the registration of an alteration of leasehold right and the statement of sold item of the court. In case a creditor of lease on the highest priority can't receive the whole lease deposit, the creditor should be protected by a method to protect through registration of an alteration and a method that the details are written on the statement of sold item of the court, so that the purchaser shouldn't be confused.
  • 7.

    A Study on Diversification of Lease Transactions and Its Legal Characteristics - Focusing on the Comparison of US and Japanese Lease Market -

    Kim, Sang-Jin | 2018, 6(2) | pp.159~196 | number of Cited : 0
    Abstract
    In this paper, we analyze the leasing transaction trend of the United States in consideration of the latest trends and discuss the modern role of leasing transactions and their usefulness as a finance tool. Regarding the lease subject, there are no special restrictions on the type of the goods in the foreign country. In addition to real estate such as facilities, which are currently being mainstreamed, real estate and intangible property (for example, the right to use software) are generally recognized as objects of lease. Based on these considerations, this article will also deal with leases for real estate. The recent lessor in the US facility lease is characterized by a large number of leasing companies in the banking sector. More than half of the new composition is due to the actions of the leasing companies in these banks. The main factor is that the banking system is in line with the management policy of expanding the customer base of banks aiming to provide various bank services with lease transactions. Banks are moving toward acquiring new deals that participate in equipment-less sectors through the experience of leasing transactions or the acquisition of a leasing company, while the restrictions from banking regulations (which are also likely due to the controversy of shadow banking) have. These leases of independent leasing companies and financial subsidiaries of manufacturing companies are also seeking opportunities for continued growth in the leasing business. In the background of the bank’s aggressive participation in lease-related financing, we can find reasons for the fact that the mortgage loan and credit card loan business have weakened due to the recent economic downturn. We think there is a motivation to participate in business line which is comparative advantage. This participation also contributes to the diversification of the bank’s portfolio. Stimulating the financing of the facility industry will help secure a customer base that flexibly responds to the demand of existing customers such as general business people. The banks are engaged in the construction of these business lines through leasing companies’ acquisitions and strategic alliances (independent leasing companies provide leasing transactions to customers of affiliated banks).
  • 8.

    A Study on the Offshore Application of Fraud Prevention Regulations on the US Federal Securities Law

    won, sang-chul | 2018, 6(2) | pp.197~224 | number of Cited : 2
    Abstract
    This article discusses how fraud prevention rules apply to actions and damages outside the United States if US investors or foreign investors (including Korean companies) file lawsuits in US courts based on fraud prevention regulations. I review the some problem regarding on that issues. The state will exercise its sovereignty within its territory, the most common being that of a person or thing existing within its territory, or a jurisdiction exercising jurisdiction on the grounds that certain acts are occurring within its territory. However, if the scope of activities of individuals and corporations is enlarged globally, it can not be dealt with only by domestic law. It is thought that many nations have come to have a common understanding about the necessity of applying the law appropriately for various activities beyond the border. Logically, all national jurisdiction exercises that do not rely on transcendence can be said to be an extraterritorial exercise of jurisdiction, but it also fits the definition of transcendentism. In the external disclosure of third restatement of the US External Relations Act of 1986, cases where the jurisdiction can be exercised under the view of the substantiality of applying the US Securities Act have been specifically examined. In Korea, however, the debate about the application of the US antitrust law to the offshore area was centered, and the application of the anti-fraud regulations outside the country was not discussed. However, Morrison’s decision in 2010 is being discussed again. Therefore, I want to review the problem of offshore application of the anti-fraud regulation of the US Securities Law. At the present time, it is thought that collecting knowledge of securities law may be meaningful. In such a case, it is also said that it is an argument about the Morrison judgment.
  • 9.

    A General Consideration of the Issues of the Area on the Legal Controversy arising from the Emergence of Artificial Intelligence Robots

    Jongho Kim | 2018, 6(2) | pp.225~263 | number of Cited : 28
    Abstract
    It is anticipated that the society using AI-based services and AI-equipped robots without using them will be expected. At present, it is necessary to establish a system and conditions for building a society in which human beings can use AI and robots to live safely and securely. It is simply expected that the evolution of AI will connect the robot to the network and IoT will be used in every place on a daily basis. At the same time, it is necessary to grasp the probable problem that autonomous robot is used in the IoT environment because a robot localized near the network can operate with autonomy by AI to cause various problems in daily life. In addition, since AI has a learning function, it is necessary to review and resolve who will be responsible for the result of judgment by letting AI decide the final judgment of human beings, from the handling of data to be acquired to the possibility of congestion, and the problem is overwhelming. I therefore intend to deepen the research of the robot law now. The purpose of the Robot Law is to induce the formation of rules related to research and development so that the healthy development and utilization of the co-existence society with robots can be promoted. The problem is happening in the standard and legal system based on an industrial robot that operates by humans or operates within the scope of the program, and there is a problem that can not be addressed by the existing legal system and interpretation on the problem caused by the use of autonomous robots or AI. I believe that the new legal field of study to review it is called the ‘Robotics Law’ and it is necessary to carry out a review study. Artificial Intelligence and Autonomous Robots, a lot of different problems are being investigated sporadically. However, since the robot law has not reached yet to be recognized as a systematic field of study, it is necessary to grasp the whole picture of what tasks should be reviewed first. Then, it is necessary to investigate the domestic and foreign prior researches that are well evaluated at the present time on the legal issues by the legal domain and attempt to sort out the issues that are discussed in detail. This study first examines the background of the robot law research in Chapter Ⅱ and examines the current situation of the robot law and the industrial policy related to the robot law. Chapter III outlines the tasks by the area of robot laws. Because the legal area is so broad, in the paper, I will look only at the Constitutional law, Administrative law, Civil law and Criminal law. In Chapter Ⅳ, some important additional issues related to robots are discussed such as AI development guideline, safety protection due to the emergence of robots, and security measures, and conclusions will be discussed in terms of robotic design.