2018, Vol.6, No.1

A Study on the Restorative Juvenile Justice System in France - Focused on the Penal Reparation -

MoonKwi KIM | 2018, 6(1) | pp.9~37 | number of Cited : 5

In South Korea, recently, serious crimes such as group school violence, committed by young has consecutively occurred. In response to this juvenile delinquency which is more and more being violent, intellectual and which is committed by the younger, the opinion that we must enforce the punitive measures based on the retribution against the young who committed the crimes is expanded, on one hand. Contrary to this opinion, the argument insisting on enforcement of existing measures focused on the guide and protection of young on which korean juvenile justice system or insisting on introduction of more alternative measures is presenting, on the other hand. Regarding the latter argument, the juvenile justice policies based on the ideas of restorative justice are applying over the world, and their usefulness and effectiveness has been proven in criminal practice. The South Korea is not the exception of this phenomenon. In South Korea, reconciliation recommendation at the stage of youth court is legislated and implemented as a altenative mechanism relating to juvenile delinquency. However, in spite of it’s potential restorative, this korean restorative juvenile justice system has many problems which is needed to be solved. This article treats the french restorative juvenile justice system, especially the penal reparation which is considered as the representative restorative justice measure in France and which is most used in youth crime cases. The purpose of this study is to present distinctive features and contents of the penal mediation applied to juvenile delinquency and to propose the improvement plan of the actual korean reconciliation recommendation system in drawing the lessons from this french restorative measure. It’s legal base, scope of application, autonomy of parties with regard to participation to process, central operating body, penal mediation give us many implications on the development of our reconciliation recommendation system, although this french restorative justice system can be considered as nothing but imperfect restorative justice measure in strict sense.

Regulations and Basic Principles of the EU on Personal Information Protection

Lee Hyeong Seok | 2018, 6(1) | pp.39~73 | number of Cited : 6

The development of the Internet and smart devices have brought a lot of changes to human life. But the advance in technology is implicitly concurrent with issues that are linked to indiscriminate and extensive collection of personal information. The nation gathers personal information and transmits it to formulate and execute policies, but people who are the very principals of the information aren't well aware of the importance and necessity of personal information protection. Personal information is transmitted to a third country for the benefit of different countries instead of being kept in the limited place of the nation that the person belongs to. But the necessity of personal information protection is increasingly stressed as artificial intelligence is used not only in the area of manufacturing but in the area of office work and in the process of information gathering. The goal of personal information protection is to protect the right to privacy that has been developed to help individual people to protect their own privacy without being interfered by the nation or a third person. Another important thing is the guarantee of the freedom of information that is to collect and make use of information that is of use for oneself. To resolve these issues, the EU enacted laws related to personal information protection and revised them in an effort to value personal privacy and guarantee the freedom of information. The general data protection regulation of the EU that is going to take effect in 2018 aims to protect personal information from European institutions and businesses that intend to use it. Based on the regulation, the member countries of the EU stipulate national obligations for the protection of the right to privacy. The purpose of this study was to examine the transition of the laws on personal information protection and basic principles for personal information protection in the EU region.

An Outlook for Possibility to Restrict Sovereign Immunity - Centering around the Italian Constitutional Court Decision in 2014 -

Myoungjun Hwang | 2018, 6(1) | pp.75~96 | number of Cited : 3

Power structure and decentralization of power of British

Ko In Seok | 2018, 6(1) | pp.97~114 | number of Cited : 4

Jury Trial and Hearsay Rule

Kim, Jong Goo | 2018, 6(1) | pp.117~138 | number of Cited : 1

Jury Service in Korea as Education in Citizenship and Constitutionalism

Borhanian, Shahin | 2018, 6(1) | pp.139~186 | number of Cited : 0

Kangaroo Court and Deliberative Democracy - A Brief Comment on the Jury Trial and Democracy -

Jongho Kim | 2018, 6(1) | pp.187~222 | number of Cited : 1

This paper has discussed the many rationale for the argument on jury trial system. I reviewed and summarized Tocqueville’s intentions of the importance of the jury system to the democratic government, and also explored the study of the modern jury trial system that supported Tocqueville’s idea. I also briefly mentions the deliberative democracy and the movement of restorative justice, and shows that both of these intellectual positions can be found in the ideals of the many merits of Tocqueville’s identified jury trial system. At the same time, it has also pointed out that jury trial is increasingly being extinguished both in criminal cases and in civil cases in the judicial proceedings of the British Common Law more broadly than in the United States. The supporters of the jury trial system are advocating the maximization of the system that performs similar functions as the jury trial or the similar jury trial system. Likewise, groups adopting restorative justice argue that they can achieve more effective suppression of justice or crime than traditional judicial procedures. Are they all insisting that we should carry out a campaign to maintain jury and jury trial system? In this article, I pointed out that the most important function of the US jury trial was to contribute to taking the materials that make convincing the guilty answer against defendant. Likewise, it may be possible to think that our new jury system contributes to other unclear functions. For example, reformers who have challenged the functioning of the jury trial by challenging the prosecution’s monopoly of the prosecutor and by expanding the role of a lawyer seem to redistribute the balance of their merits, but even if nothing actually changes or changes I know that only a very small degree has changed. If this is true, it is a retreat for liberals who is trying to change the status of criminal proceedings that totally and capriciously handled by prosecutor. It will bring about changes in appearance, while strengthening existing power. There will be many evaluations that are more optimistic when comparing the results of the jury trial system compared with the jury trial system in the United States. Of course, the American jurisdiction and Korean type jury trial system are completely different systems. However, in terms of citizen participation in the trial, it is homogeneous. In this sense, I think that the political significance pointed out by Tocqueville can be found in the system of Korean public participation trial. In other words, I think that the system of public participation trial has the potential to become a turning point to create a new ‘public nature.’ It is the basis of democracy to have such an interest in public. However, the citizen participation trial system gives a new burden to citizens who are busy in everyday life. It is also difficult to see the Judicial Reform Commission adopting a system of Korean type jury trial system in this sublime perspective. Even so, the Korean type jury trial system that increases the number of participating in publicity is a means to reach the essence of democracy.

A Review on Compliance Measures of Minimum Wage

HoChang Roh | 2018, 6(1) | pp.225~263 | number of Cited : 3

Study on Police Violation of Human Rights - Focusing on Case Interpretation -

Kim Heon-Jin , Jong-Ryeol Park | 2018, 6(1) | pp.265~282 | number of Cited : 4

A Study on the Appropriateness of North Korean Defector Protection by Police

이발래 , Choi, Hee | 2018, 6(1) | pp.283~303 | number of Cited : 11

A Comparative Study on National Compensation for Judicial Action

Kim Sung Ryul , Joung Soon Hyoung | 2018, 6(1) | pp.305~322 | number of Cited : 1

Problems and improvements of the real estate lien system

정문성 | 2018, 6(1) | pp.323~338 | number of Cited : 0

The Comparative Study of Homelessness Act

Hong, Sae-Young | 2018, 6(1) | pp.339~368 | number of Cited : 4

KJCKorea
Journal Central

Legal Theory & Practice Review 2023 KCI Impact Factor : 1.03

2018, Vol.6, No.1