2013, Vol.9, No.11

Electronic Monitoring system was introduced to prevent the specific crimes in high recidivism rate and that arouses irrecoverable invasion to legal interests such as sexual crimes, murders, and kidnaps of under-aged person. In the initial stage of it's introduction, there were controversial arguments on the possibility of violation of the principle of double punishment prohibition. In the meantime, based on the public opinion, the legislators provided the supplementary provision on 15 of April in 2010, which allows retroactive application to ex-convicts who commit a crime before the enforcement of the act of attachment of electronic device for position tracking. Due to this, there was another argument which doubts about the fact whether retroactive application of Electronic Monitoring system violates legal security, protection of trust of criminals and then the principle of legality and the principle of non-retroactivity of punishment. On this argument, there is certain perspective discrepancy between the theoretical view point and the judicial precedent. The main stream of the theory consider Electronic Monitoring system as a measures of security in the characteristic of punitive sanctions so that this system is against the principle of legality and the principle of non-retroactivity of punishment. Meanwhile, the judicial precedent considers Electronic Monitoring system as a measures of security which is not for punitive sanctions, but for securing society through the prevention of crime, so that the retroactive application of the system is not against the principle of legality and the principle of non-retroactivity of punishment. In this study, we consider the electronic monitoring system as measures of security, limiting basic human right for the protection of public interests, not as a punitive sanctions or securing society through the prevention of crime. We take on the approach that the retroactive application of the system corresponds with the principle of retroactive prohibition as the general principles of law, not the principle of non-retroactivity of punishment derived from the principle of “nulla poena[nullum crimen] sine lege”. Therefore, we tired to solve the problem of allowance of the retroactive application of the system through the principle of proportion and careful measurement between the invaded interest and the possibly protected interest by the retroactive application.

The Effect of Fire Safety Education for High School Students' Safety Behavior - Based on the Theory of Planned Behavior -

Myung Sun Lee , 이송이 , 김선혜 | 2013, 9(11) | pp.329~344 | number of Cited : 21

The Influence of Adolescents' Smart Phone Addiction on Aggression

Shin, Sung-Chul , baek, sukgi | 2013, 9(11) | pp.345~362 | number of Cited : 100

The Study on the Crisis Management System -Focused on the HACCP Program-

Park Soo-Kyung | 2013, 9(11) | pp.363~385 | number of Cited : 0

In spite of the established institutional strategies related with food in Korea, an overview of effective counter plans in each level on the perspective of crisis management has been significantly important today when the interest for safe foods has been increased. Due to the frequent import and export of food, the origin and channel of manufacturing and distribution of food has highly been long and complicated. According to this characteristic of the food, hazard factors are more likely to occur along these channels ever. Thus, it is necessary to retain information of each channel so that consumers can have right to make a safe decision on their food. In addition, due to the increase of international trading hazard of food is not limited to only one area but can be extended to any areas which share channel of distribution. Therefore, it is necessary to establish emergency alert system which allows the information of hazard food in one particular area to be shared in other areas. Since December 1997, Korea has established applicable regulations for HACCP from Processing of Livestock products Act, introducing HACCP and Sanitation Standard Operating Procedure(SSOP) in slaughter house and livestock workplace and preparing and running self criteria according to HACCP practice statement of CODEX. The purpose of this study is to analyze management status of Korean livestock based on stage model of crisis management and to provide policy proposal by drawing improving plan for establishing crisis management system. The results of this study provide that it is required to add programs for follow-up after analyzing crisis management in each level of HACCP, which shows a strong tendency of precaution. In addition, it is suggested that the contents of existing programs should be closely reviewed along with designed plans and examination. Also, based on institutionally alternative seeking for safe food, improved education and training are required as well as changing recognition of attaining safe food, which will lead to feasibility of the strategy of ‘From Farm To Table’in which safety of food is secured comprehensively from the level of produce to that of consumption. To sum up, an overall precaution should be reacted against hazard factors of food by establishing risk analysis system and applying precautionary principle based on scientific findings to make sure of enhancing customers’ trust by considering transparency of decision making process.

KJCKorea
Journal Central

Crisisonomy 2023 KCI Impact Factor : 0.64

2013, Vol.9, No.11