Legal Theory & Practice Review 2021 KCI Impact Factor : 0.87

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2021, Vol.9, No.4

  • 1.

    Market failure and government failure in the real estate market

    Kim, Sang-Jin | 2021, 9(4) | pp.11~42 | number of Cited : 0
    In a market where consumers and producers compete freely, the market price is determined by the principle of supply and demand. These market prices play a role in efficiently allocating scarce resources in economic life. Economists have proven that efficiency is assured when an ideal form of a perfectly competitive market with difficult and difficult conditions is established. However, although it may be due to difficult conditions, resource allocation in the market is not always efficient. In some cases, goods and services are produced less than consumers want, and vice versa. At this time, being produced less means that scarce resources are not sufficiently distributed where necessary, and being produced more means that scarce resources are wasted unnecessarily. Such a phenomenon in which resource allocation by price is not efficient in the market is called ‘market failure.’ The causes of market failure include imperfect competition, public goods, externalities, and information asymmetry. Perhaps because of the word market failure, we can often see people use the word market failure for all the problems that arise in the market economy. However, at least from an economics point of view, the word market failure is used very limitedly. Market failure does not include any meaning other than the inability to efficiently allocate resources by price. On the other hand, government failure refers to a phenomenon in which government intervention in the market leads to inefficient allocation of resources. It is a concept that is symmetric with market failure. Government failure was first used by C. Wolf as the term non-market failure, and the cause of government failure was based on the demand side of government intervention and the supply side of government intervention that caused excessive demand. I divided and explained. A common cause of government failure is a combination of supply and demand. More fatal than the original market failure is the government failure. If the reason for the market failure theory was to find and solve factors that distort rational resource allocation, government risks are already in the core factors. In addition, if the government strengthens market intervention for one reason or another and touches the market with a knife that is difficult to handle under the name of publicity, the government’s failure is expected. The government, which was born as a result of politics, has a strong insider logic of the political power to think about elections, and therefore chooses only the information it wants rather than accepting information in a balanced way. It can seriously distort the allocation of resources by conducting state projects in a way that gives preferential treatment to the regime’s supporters. Law amendments related to real estate are a typical example. This paper examines the effect of government failure on market failure, focusing on real estate market legal policies.
  • 2.

    The Enactment and Future Tasks of the Fatal Industrial Accidents Punishment Act

    Kim, Jin-Young | 2021, 9(4) | pp.43~66 | number of Cited : 0
    The Republic of Korea implements the Occupational Safety and Health Act to prevent industrial accidents. Nevertheless, as structural issues related to the safety of companies and governments have been steadily pointed out due to accidents at industrial or social disasters, the Act on the Fatal Industrial Accidents Punishment Act has been enacted and is set to take effect in January 2022. In particular, in the case of serious industrial accidents, structural problems have also been pointed out that no one is responsible for the death case to the extent that it is a structural problem arising from the relationship of subcontractors. The newly enacted the Fatal Industrial Accidents Punishment Act requires business owners or management managers to bear the obligation to secure safety and health, and severely punishes deaths or sick people in violation of this. This focuses on punishmentism according to the purpose of enacting the Fatal Industrial Accidents Punishment Act, and ultimately seeks to actively induce the reinforcement and implementation of safety and health measures for owners. However, the Severe Disaster Punishment Act still has many problems. The contents of the obligation to secure safety and health, the regulations on the recipients are not clear, the level of punishment is quite high, which does not meet the legislative purpose of preventing industrial accidents, and the uniform application of workplaces with less than five serious industrial accidents. Therefore, in order to improve the problems of the the Fatal Industrial Accidents Punishment Act, supplementary legislation considering this is necessary, although it is still before the enforcement of the Act. The legislative purpose of the Fatal Industrial Accidents Punishment Act is to prevent serious disasters through corporate punishment, but it seems that the function of preventing them is neglected because only the punishment has been strengthened. The fact that even the scope of safety and health laws and regulations is not specified is considered to be inconsistent with the legislative purpose of preventing serious accidents as a result of reducing the possibility of performance of obligations by managers. the Fatal Industrial Accidents Punishment Act should clearly stipulate that there is no controversy over the interpretation of the content of the obligation to secure safety and health and the subject responsible for it, focusing on the preventive function of serious accidents.
  • 3.

    A Response of local governments and local communities to major national disasters - Focused on the case of the United States -

    Lee Sang hoon | 2021, 9(4) | pp.67~106 | number of Cited : 0
    How to minimize damage in the event of a disaster is a very important task and responsibility for local governments in charge of the safety and reassurance of local residents. In Korea, where natural disasters such as wildfires, droughts, earthquakes, tsunamis, typhoons and floods are frequent, historically, how to face them, how to deal with them, and how to protect precious lives and households has become a major regional challenge. In neighboring Japan, in the Great East Japan Earthquake (March 11, 2011) and the Great Hanshin-Awaji Earthquake (January 17, 1995), the help and cooperation of the victims were greatly moved and highly evaluated abroad, despite the many noble sacrifices. In the case of the Taean oil tanker oil spill incident in Korea, the dedicated efforts of local residents and local governments have been deeply moved. It also leaves a lesson in that when an area suffers devastating damage and the administrative functions or emergency aid functions are paralyzed, the power of local residents who can respond immediately on the spot or the help of neighbors exerts great power. On the other hand, it has been learned from many experiences so far that not only help after a disaster, but also preparation, instruction, and help from the local area are effective ways to reduce damage. This study is one suggestion to solve these problems. This paper summarizes the roles and contents of the Community Emergency Response Team (CERT) for local disaster prevention in the United States. The author conducted a survey of the City of Los Angeles, California Self-Employed Disaster Prevention Organization (CERT). In the event of a large-scale disaster, each local resident systematically collects and delivers disaster information, secures communication means, initiates firefighting, evacuates, rescues victims and provides first aid, water supply, etc. activity needs to be done. In each stage of ‘self-help’, ‘collaboration’, and ‘collaboration’ necessary for disaster response, this thesis also describes the significance and role of ‘collaboration’, that is, help from nearby residents and autonomous disaster prevention organizations. have. It is expected that it will be useful as a reference for thinking about cooperation between Korea’s autonomous disaster prevention organization and local residents.
  • 4.

    A Study on the Activation of Continuity of Operation Plan through the Case of Japan

    Yim Dong-Kyun , Nemoto Masatsugu | 2021, 9(4) | pp.107~127 | number of Cited : 0
    Abstract PDF
    Continuity of Operation Plan (COOP) is a function to prevent the disruption of important functions in the event of various social disasters such as natural disasters such as earthquakes, typhoons, landslides, spread of infectious diseases and terrorism, major accidents, disconnection of supply chains, and sudden changes in management environment. The functional continuity plan is a disaster response plan to assume that important functions are interrupted, resume functions within recovery time, and minimize the risk of discontinuation. This paper examines the functional continuity plan of Japan and seeks implications that are effective in establishing and applying the functional continuity plan of local governments in Korea. It is expected that this will be used as basic data for establishing functional continuity plans of local governments.
  • 5.

    A Study on Dismissal Regulations and Dispute Resolution Methods in the United States

    Koo, Kang-Hoe | 2021, 9(4) | pp.131~188 | number of Cited : 0
    This study discusses the actual situation of dismissal regulation and dismissal dispute resolution in the United States. In the United States, the freedom of dismissal is not a legal regulation or jurisprudence that requires objectively reasonable and socially reasonable grounds for dismissal, such as Korea’s abuse of the right to dismissal (Labor Standards Act). It is a country that rules However, traditionally, labor agreements have regulated the dismissal of employees who are union members, including the provision that dismissal requires justifiable grounds. However, as the union organization rate has gradually decreased, the regulatory power under the labor agreement has weakened and the control power over dismissal according to the labor agreement has been reduced. On the other hand, many laws regulating individual employment relationships have been enacted as if responding to this, and in particular, the Anti-Discrimination Act enacted since the 1960s plays a central role in regulating working conditions including dismissal. Violation of the Anti-Discrimination Act is said to be the result of anti-social behavior against a country made up of diverse people, the United States. Therefore, what companies are most concerned about is the regulation of employment relations. The Anti-Discrimination Act, on the other hand, causes many complaints, complaints, and legal disputes at work or treatment for reasons of ineffectiveness, even if dismissal is freedom from the employee’s side, and reinstatement is sometimes included in remedies based on legislation other than the Anti-Discrimination Act. It is thought that it is being used as a strong basis for expression in various places. Looking at the employment dispute resolution mechanism, the United States does not have a special judicial system such as labor courts or employment tribunals like in European countries, and lawsuits are heard in general courts of the federal or state governments. According to previous studies, most of the employment-related lawsuits are dismissal cases. In addition, although the Equal Employment Opportunity Commission (EEOC), an independent professional administrative agency, is involved in dispute resolution over the Federal Anti-Discrimination Act, the most common reason for applications excluding applications related to the Equal Pay Act is also dismissal. (discharge). In addition, the legislation regulating individual employment relationships has a system to ensure implementation by administrative agencies. In addition, with the increase and complexity of employment-related regulations, alternative dispute resolution outside of the trial within individual companies has become increasingly difficult at the request of employers or governments and courts, etc. is developing As can be seen from the discussion related to employment arbitration, the discussion on employment arbitration is particularly active, but ADR is in a situation where several types of systems have been installed in all stages of employment arbitration as well as employment arbitration. Based on the above issues, this study will review the following topics. (1) the principle of at-will employment; (2) the legal system and implementation security system related to individual employment relationships that provide for exceptions to the principle of at-will employment; 3) Dismissal regulations and administrative relief procedures according to the Collective Labor Relations Act, the current status of dismissal regulations and dispute resolution procedures according to the labor agreement, (4) various legal principles that set exceptions to the at-will employment principle, and the courts The status of the resolution of the dismissal dispute, (5) the ADR system within the company and the status of the settlement of the dismissal dispute are reviewed sequentially.
  • 6.

    A Review of Design Defects and Product Liability of AI Networks

    Yoon, Kyung-Sub | 2021, 9(4) | pp.189~232 | number of Cited : 0
    This study mainly listened to the issues of product liability law that are associated with the AI ​​development guideline as an example. As it is an example, it does not cover everything, and there are many parts that only raise issues. In the first place, since the subject of this paper, the AI ​​network, is still in its cradle, it is difficult to predict everything accurately, and there are limitations in the abilities of researchers, so please understand that there are many shortcomings. If I have to mention two important points last, one would be that the design flaws of products using AI are exposed to ex post evaluation by comparison with RAD. Manufacturers and others who are considering using AI in their products should fully understand that AI has drawbacks such as “uncontrollability” and “opaqueness”. It should then be considered as far as possible to adopt possible design measures to minimize the shortcomings. Otherwise, in the event of an accident, there is a high risk of design defects being recognized because RAD (a suitable alternative design plan) was not employed. The second important point is the principle of malfunction. Although the plaintiff cannot prove by direct evidence that the specific defect in the product using AI and that defect was the cause of the damage, if the plaintiff uses the malfunction principle, it can be ratified by the court through indirect circumstantial evidence. Although AI lacks controllability and transparency, even if a defect or causal relationship cannot be specified for the plaintiff, there may be cases in which manufacturers, etc. cannot escape product liability if the malfunction law is applied. Therefore, manufacturers, etc., may have to request that defects such as uncontrollability and opacity be cured or improved as much as possible when receiving AI supply.
  • 7.

    Legal Evaluation of the Design and Current Status of the carbon Emissions Reductions Trading System

    Choi, Yong-Keun | 2021, 9(4) | pp.233~296 | number of Cited : 0
    The emission trading system, which is currently being introduced in many countries, is a representative system that induces emission control through pricing on greenhouse gas emissions. This study obtains implications for Korea’s future policy discussion by examining the empirical study on the institutional design and effectiveness of major emission trading systems in the United States and Japan and at home and abroad, and their relevance to other reduction policies. In consideration of economic impacts and technical constraints, Korea is setting up a target to reduce greenhouse gas emissions consistent with energy convergence, which is the original form of energy supply and demand presented by the government. Furthermore, in order to realize this, various policies are being devised on both sides of energy supply and demand. On the other hand, although there is no specific plan to introduce the emission trading system, it is arousing great debate as opinions that are expected as a cost-effective policy tool for long-term and large-scale emission reduction and opinions that question the effectiveness are divided. Although the institutional design of each country varies greatly depending on detailed items such as the subject of regulation, the setting of emission restrictions (cap), and the distribution method, price stabilization measures (especially strategic stockpiling of emissions) are a trend common to many countries and regions in recent years. A series of recruitments are taking place. In the emission trading system, the future cap is set in advance, but if the future prospect of emission is wrong, an excess (or shortage) of emission occurs, resulting in a stagnation (or surge) in price. In such a major system, a price stabilization measure was introduced as a phenomenon such as the EU-ETS appeared. Since the strategic stockpiling of emissions is a relatively new measure, it is necessary to verify its effectiveness in the future operation process. An increasing number of countries/regions are trying to achieve the goal of global warming measures in combination with other policies in order to achieve significant emission reductions in the long term to diversify transportation fuels by setting greenhouse gas emissions per unit fuel for fuel supply companies. In the US state of California, the reduction effect by policies other than the emission trading system is greater. In the post-test conducted mainly by EU-ETS, the evaluation of the effect is largely divided, and it is not possible to draw a clear conclusion at present. The result of the verification, which was considered to be free from leakage caution, is an evaluation obtained under the real low price level, and does not deny the possibility of leakage during a price surge. Here, leak is used in two senses. It is also called the Leakage problem. First of all, it means an increase in the emission of greenhouse gases generated by the project outside the project boundary. In the case of leakage when calculating the amount of emission reduction by the CDM project, that amount is deducted. Next, emissions will soften in areas where warming measures are lax. In the case of global warming countermeasures, for example, if Korea takes strict domestic measures, production shifts overseas, which increases local emissions, resulting in global greenhouse gas reductions not progressing. This is called a leak problem. Until now, leakage has been considered a unique problem in the trade industry, but in the power sector as well, leakage in the power consumption industry due to an increase in electricity rates or leakage of non-systematic power sources in the power sector, the possibility of leakage is pointed out. In regions leading the way with the introduction of the emission trading system, low-carbon investment is promoted by using policies other than emission trading in order to achieve long-term and significant emission reductions through the use of low-carbon power sources. If other policies reduce emissions, the price of emissions remains at a low level, so the role of the emission trading system is relatively small. In order to realize energy convergence in 2030, Japan is trying to promote energy conservation and renewable energy, take initiative in the electricity business, and strengthen regulations under the Energy Conservation Act and the Supply Structure Advancement Act. As countries and regions that are ahead of the emission trading system tend to use measures other than trade in combination, I wonder what policies Korea is taking as the center of its global warming measures. As we approach the long-term emission reduction target year of 2050, the uncertainty of the emission forecast increases due to major changes in industry, technology and society, so setting a cap that gives a stable price signal will become even more difficult. Based on this, it is necessary to review the basic direction of a comprehensive policy aimed at 2050 without foreseeing the introduction of the emission trading system.
  • 8.

    A Study on the Possibility of a New Local Autonomous Organization in the Local Autonomy System

    Park, Hong-Soub | 2021, 9(4) | pp.297~359 | number of Cited : 0
    This study focuses on the fact that it is difficult to request a cost burden based on revenue for the provision of services that are considered to be free-riding for the activities of local management organizations, including local management. I reviewed and verified the feasibility of the legal system for a structure in which such persons naturally join, become members, and bear the costs only when there is an agreement from the government. This study presents the ‘basic institutional design’ of ‘local autonomy organization as a public union’ and ‘local autonomy organization as a special local public organization’. At this time, reference was made to ‘a system called BID (Business Improvement District)/CID (Community Improvement District) that is arbitrarily established for a specific purpose as a type of local public organization in the United States’. The BID is established in commercial and business districts, and the CID is established mainly by application of local land and house owners in residential areas, open space maintenance, beautification, policing, marketing, facility improvement, and other small-scale development projects are being carried out. The BID system has been attracting attention in the field of urban planning and is starting to be the subject of full-scale legal research. In designing the legal system of a ‘new local self-governing organization’ with reference to this BID, is it appropriate to select a ‘public union’ as one of the options, which gives the impression that it lacks innovation and innovative ability? In order to consider this fundamental problem, this paper refers to the German law where ‘functional self-government’ organizations including public unions are being used from Japan, and ‘functional self-government’ is actively discussed in the case of ‘functional autonomy’ within public cooperatives. It was intended to reveal the basic legal structure of And, despite the German law that did not use functional autonomy in the institutionalization of BID, the significance of designing a “new local autonomous organization” as a public cooperative or functional self-governing body in Japan should be clarified. Regarding the possibility of a new local self-governing organization, this study started by paying attention to the fact that it is difficult to request a cost burden based on revenue for the services that are considered to be free-riding for the activities of local management organizations, including regional management. A review and verify the feasibility of the legal system for a structure in which local residents, landowners, etc. create an atmosphere and only if there is a significant amount of consent, they will naturally join and become members and bear expenses. Accumulation of knowledge or more in-depth review is required when drafting a specific system for introduction. In particular, it includes the requirements for implementing these systems from internal and external stakeholders in the local operation and organizational activities, considerations during system design, and concerns. Therefore, there should be sufficient listening and discussion of their opinions. As a point to be particularly careful in furthering the discussion in the future, the local self-governing organizations reviewed here require members to join and bear the costs regardless of individual will. In this study as well, in recent years, especially in urban areas, the number of people who do not wish to join local residents’ associations or neighborhood associations, even among local residents, is increasing. In this study, considering these concerns, in spite of the fact that membership is originally based on individual will in the local public space, in reality, it is operated as if the obligation to join and become a member exists. It is pointed out that there are groups. In the midst of this, rather, the local self-governing organizations reviewed here set an appropriate framework for organizations that naturally join and bear expenses as members regardless of individual will, or rules necessary for guaranteeing the rights of local residents or members. By doing so, the opinion that it should be thought that rationalization and transparency of the original attitude of these organizations should be made became a popular opinion. In addition, as the population declines, fertility and aging progress, there is a growing demand for meticulous work to solve local problems and maintain/improve a good local environment and regional values ​​amid global competition among cities. This trend is expected to continue and accelerate in the future, and for this response, the entity that forms and implements consensus is not the basic self-governing body, but rather the regional (linked)-type organization of cooperation. Furthermore, it is necessary to introduce such a local autonomous organization under a legal system that fully considers the protection of the rights of local residents and landowners, as there is a discussion about the request for a structure that can sufficiently perform the role of such an organization. There were several opinions about it.
  • 9.

    A Review of Fundamental Right and Law to the Reduce Fine Dust

    Lee Young Woo | 2021, 9(4) | pp.363~373 | number of Cited : 0
    The state is obligated to actively take various measures to ensure basic constitutional rights such as the people's right to health and environmental rights from fine dust. Accordingly, the government has recently come up with policies through various policies and tasks to reduce fine dust, but the effectiveness of policies felt by the people is not great, and the health and life of the people are still threatened by fine dust. Therefore, active measures should be taken to actively guarantee the overall basic rights that the people should be protected under the constitution. Therefore, this study examines the legal concept of fine dust and the main sources and status of fine dust, and compares and analyzes basic contents of constitutional fine dust reduction, such as health and environmental rights, and laws related to fine dust reduction in foreign countries.
  • 10.

    A Legal Considerations on the Protection of big-data under Property Law

    Jongho Kim | 2021, 9(4) | pp.375~442 | number of Cited : 0
    It is believed that there is no established definition for big data. Here we first refer to the following definitions. Big data does not just mean large amounts of data. Rather, it means a new structure that handles a variety of data with a larger capacity, different from what has been handled so far. Its characteristics are indicated by quantity, frequency, that is, update rate, and variety, that is, type of data. It is also called the three Vs of big data, after the initial V of these three characteristics: Volume, Velocity, and Variety. In recent years, the use value of big data is improving against the background of advances in information and communication technologies such as IoT and AI. For example, an automobile manufacturer can collect a large amount of data by attaching a camera, radar, or LIDAR sensor to the vehicle and accessing the cloud. The data collected in this way can be used for the development of driving assistance technology or automatic driving technology, as a record of the driver’s driving habits, or as information about the traffic volume and congestion of the vehicle, or information about the lane and road shape. In this way, big data is not only useful for improving the value of its own products or services, but also useful for groups of actors in other industries, such as providers of geographic data such as Google Map, or public organizations, such as local governments in charge of road maintenance. With the improvement of the use value of such big data, the industry is accelerating the movement to obtain a superiority in transactional profit or business strategy by providing or sharing data. For this reason, how to reorganize the distribution base of big data and how to reorganize the legal base of the data trading market for this is becoming a task in each country’s legal policy. With big data in mind, this paper examines the need and need for protection from the point of view of the intellectual property law for data that is not protected by the existing copyright law. With the recent advances in information technology, big data is attracting attention as one of the key technologies supporting FinTech. In this context, clarification of the legal position of big data can be said to be an indispensable review task in advancing the use of financial data, which is expected to expand in the future, and furthermore, in advancing the legal basis for the data industry as a whole. On the other hand, it is also pointed out that recognizing the exclusive right to big data hinders the smooth distribution of information. Therefore, in discussing the property law evaluation of big data, it is necessary to be conscious of the harmony between the private incentive of data producers’ return of invested capital and the social benefit of the smooth circulation of information. In this paper, I examine the possibility of big data protection by the existing copyright system in Japan, the United States, and the European Union. Next, the basic direction of legal protection of data with property value that is not protected by the existing copyright system will be considered while considering recent legislative trends.
  • 11.

    A Study on the Discriminatory Contents of Article 11 of the Constitution and the Travel Expense Regulations for Public Officials

    Geum Seob, Im | 2021, 9(4) | pp.443~471 | number of Cited : 0
    Article 11 of the Constitution of the Republic of Korea stipulates that all citizens are equal before the law and that they are not discriminated against in all areas including politics, economy, society, and culture. In order for public officials to perform their official duties smoothly, the State stipulates matters related to travel expenses of public officials by Presidential Decree. However, in the travel expenses regulations enacted by the Presidential Decree, travel expenses are paid differently according to the classification of public officials. According to the classification of national officials from the basic needs of individuals, such as clothing, food, and meals, meals and weeks, travel expenses are paid with a marked difference in the rules for calculating overseas travel expenses. It is considered necessary to revise the part that is discriminated against in the travel expenses regulations enacted by the Presidential Decree, despite the fact that it is a public service for the state. The matters requiring revision of the travel expenses regulations include: First, it is a plan to unify the classification of all civil servants by deleting the classification of civil servants as No. 1 and No. 2 in Attached Table 1 of the classification of travel expenses in Article 3 of the Travel Expense Regulations for Public Officials. In the travel expenses payment classification table of the Travel Expenses Regulations, the civil servants are divided into 5 stages in subparagraph 1 to A, B, C, D, and subparagraph 2, and the travel expenses for civil servants are differentially paid. However, civil servants are already paying different salaries and allowances according to their position or position, and it is desirable to unify the classification of public officials in the travel expense regulations as their official duties are for the state and serve the people. Second, it is a plan to remove the difference in payment of daily expenses, lodging expenses, and meals in the overseas travel expense payment table by increasing the difference in the amount according to the classification of public officials, and pay the difference in the same amount. Overseas travel expenses are paid in U.S. dollars, and for public officials who fall under subparagraph 2 in the classification of public officials, the expenses used abroad may sometimes occur more than the amount stipulated in the travel expenses regulations. We propose a method of paying similarly to the public officials in item Third, special travel expenses regulations should be newly established for public officials to perform official duties in situations of national importance, such as the abduction of domestic citizens abroad. In the above case, it is common for public officials No. 1 and No. 2 of the Travel Expense Regulations of Public Officials to go together and perform the same work, but there is a big difference in the case of receiving travel expenses in the future. In some cases, the amount paid is less than the amount actually used, so personal expenses may be used even though it is a public service, so a new travel expense regulation is needed. As it is stipulated by law to become a citizen of the Republic of Korea, public officials are volunteers, and public officials are responsible for the people, the government has deleted or amended the travel expenses regulations that differentially paid according to the classification of public officials, so that public officials perform official duties and are actually used. Paying all of them is the right to pursue happiness with value as a human being and a public official.
  • 12.

    A Study on the Celerity Effects of Punishment on Deterrance

    Kim, Yong-Seok , MoonKwi KIM | 2021, 9(4) | pp.473~494 | number of Cited : 0
    Deterrence theory in criminal justice uses the sanction threats as the main explanatory factor, which is supposed to lead potential criminals to avoiding criminal commissions. Deterrence perspective assumes that people can calculate the benefit from a crime and the likely costs, and that people are willing and able to compare the former with the latter. Beccaria maintained the deterrence effects of the celerity, certainty, and severity with the same emphases. However, most of deterrence literature has focused on the certainty and severity isolating the celerity. This study examines utilitarian rationales for punishment, research on deterrence perspective, celerity effects of punishment, and speed trial laws. Finally, the refined meanings of the celerity in criminal justice system and the ways for advancing the understanding and application of the celerity in criminal justice system are explored.
  • 13.

    A review of the coexistence of risks and social changes caused by Artificial Intelligence

    Kang, Seung-Kyu | 2021, 9(4) | pp.495~524 | number of Cited : 0
    When it comes to the use of AI, data bias and ethical issues are the key. Regarding the problem of singularity (technical singularity) that AI exceeds human intelligence, famous people such as Dr. Stephen Hawking and Bill Gates have already been appealing for the danger, saying, “AI brings tragedy to mankind.” However, these claims have been toned down in recent years, and many scientists seem to be thinking, It can’t be so. It’s not impossible for AI to act autonomously, but it’s unlikely that it will become mainstream. Even now, the collective intelligence that human beings and computers form a process of knowledge is called collective intelligence. However, in the future, I think that humans and computers (data) will cooperate and work. As an example, AI is considered effective not only as a proxy for doctors, but also as a support tool for judges and police officers. As such, humans have weaknesses in several areas, so I think that if AI is applied to those areas, society will change for the better. However, a problem when using AI is the bias of data during training. US police, for example, have an AI that advises officers where to go to stop crime, called predictive guards. However, in the United States, racism is deeply rooted, and arrest rates are rising in areas with a large number of blacks. In other words, if this data is used, the AI ​​will determine that there are many suspicious people in the black residential area, creating a vicious cycle of more and more black people being arrested. If there is bias in data like this, AI will also make biased judgments, so how to exclude it is important. Not only these problems, but also numerous legal problems will arise when artificial intelligence becomes commonplace. In this background, this paper discusses how humans and artificial intelligence can coexist without risk.
  • 14.

    A Study on the Current Status of Traffic Crimes and Punishment Regulations - Focused on drunk driving, unlicensed driving and hit and run driving -

    Lee Beom-O , Choi Soon-Ho | 2021, 9(4) | pp.527~553 | number of Cited : 0
    Until now, the automobile-related industry in Korea has developed mainly for growth. With the increase of automobiles, the traffic environment has changed a lot, and traffic crimes have also increased accordingly. Until now, Korea's response to automobile traffic crimes has traditionally been a punishment-oriented policy that imposes strong criminal and administrative penalties, but it is not easily eradicated. Accordingly, this study conducted the following research focusing on drunk driving, unlicensed driving, and hit-and-run driving, which have not been eradicated from the past to the present and cause many social problems. First, the concept and status of traffic crimes were examined, and based on official statistics such as the National Police Agency and the Road Traffic Authority, the Supreme Court precedents and precedent studies related to drunk driving, unlicensed driving, and hit and run driving, which are closely related to public life and have a large social impact, were reviewed. . Second, the current laws for the control and punishment of traffic crimes in Korea are scattered with applicable laws such as the Criminal Act as a general law, the Road Traffic Act as a special law, the Special Act on Traffic Accident Handling, and the Aggravated Punishment Act for Specific Crime. Third, as an effective way to respond to traffic crimes, a mutual cooperation plan with law enforcement agencies such as the police, local governments, and related organizations was derived. Therefore, the purpose of this study is to suggest effective countermeasures for traffic crimes that are becoming more complex and diversified by examining the current status of major traffic crimes and punishment regulations.
  • 15.

    Legal review of research surveillance and prevention cameras and disappearance prevention

    Lee Keon Su | 2021, 9(4) | pp.555~600 | number of Cited : 0
    Abstract PDF
    This paper points out the phenomenon that modern society is trying to confirm a safe and secure society by mutual monitoring with a surveillance camera named a crime prevention from potential factors (criminals). Anyone must identify all the potential risk factors that can be roughly thought of and remove them in advance. Surveillance cameras or health check-ups are typical, but rather than surveillance cameras, they are called crime prevention cameras such as disappearance prevention, and they are called monitors. Today, regardless of the number of crimes in reality or the number of perceptions, the impression that security is deteriorating due to unusual events is spreading, which promotes the installation of crime cameras such as monitoring and disappearance in streets, stores, houses, and parking lots. Specifically, in the UK, CCTVs generally followed the accumulated common rules. They are stipulated in the Data Protection Act 1998, the Human Rights Act 1998, the Regulation of Investigation Rights Act 2000, and the Freedom of Information Act 2000. And it would be safe to say that the 2012 Freedom Protection Act was newly added. In addition, with respect to road traffic, regulatory legislation on road traffic relations has been added. In the UK, there were no comprehensive regulations on surveillance cameras (systems) by public and private institutions. It is said that with the introduction of the guidelines of the Ministry of Home Affairs in 1984, the visualization of surveillance devices such as surveillance cameras used by the police was uniformly promoted. As such, there are prior studies that have been strongly inclined due to legal regulations on the system and operation of crime prevention cameras, such as monitoring and prevention of disappearance in the UK, but they are facing a new phase today. In 2012, Code of Practice was proposed under the Protection of Freedom Act (hereinafter referred to as the Free Protection Act) for proper operation of surveillance cameras, and the new Surveillance Camera Commissioner (SCC).) was placed. As seen in the UK, it was found that the surveillance camera system caused privacy infringement by advances in science and technology against the backdrop of information collection and management society in ubiquitous society. In the UK, what should be called the model surveillance camera rules (working norms) has been raised amid the flooding and proliferation of surveillance cameras, and has been established amid the trend of reorganization of laws related to human rights of nearby citizens. When asked what needs to be specified to defend democracy in surveillance (camera system), there is an opinion that control (control) is indispensable for social regulation, but it has the same purpose and is correct.