2025, Vol.13, No.4

The Development Direction of the National Education Commission - Focusing on Political Independence and Redesign of the Social Consensus Structure -

Lee Sang hoon | 2025, 13(4) | pp.13~53 | number of Cited : 0

This study critically examines the structural limitations that have hindered the National Education Commission (NEC) of the Republic of Korea from fulfilling its founding mission of securing policy consistency and political neutrality in national education governance. Although the NEC was established in 2022 with high expectations for long-term educational planning and cross-partisan consensus, it has faced growing criticism for its weakened authority, politicized membership, and administrative inefficacy as of 2025. Based on legal analysis, institutional review, and governance theory, this study identifies five core structural challenges: an ambiguous legal status subordinate to the executive branch, politically biased committee composition, functional overlap and conflict with the Ministry of Education, ineffective public participation mechanisms, and a lack of internal policy expertise and budgetary independence. To address these challenges, this paper proposes a set of five integrated reform strategies: (1) re-establishing the NEC’s legal foundation as a constitutionally protected or National Assembly-affiliated independent body; (2) restructuring the committee’s composition through cross-nomination and enhanced representativeness; (3) institutionalizing policy linkages and functional division with the Ministry of Education; (4) formalizing public deliberation and participatory decision-making procedures; and (5) strengthening internal capacity through independent budgeting and in-house policy research infrastructure. This study argues that the NEC’s sustainability as an educational governance institution depends not only on technical institutional design but also on broader reforms in political culture and administrative coordination. Ultimately, rebuilding trust in the NEC requires a fundamental shift toward collaborative, inclusive, and transparent policy-making for the future of education in Korea.

Understanding the Global Spyware Market and Regulatory Pathways

Yoon Sang Pil | 2025, 13(4) | pp.57~98 | number of Cited : 0

Liberal Debates on Immigration Regulation and the Reality of Accepting Foreign Immigrants in Immigration Ethics

Jongho Kim | 2025, 13(4) | pp.99~186 | number of Cited : 0

While the liberal debate on immigration regulation primarily focuses on individual freedom and rights and economic efficiency, the reality of accepting foreign immigrants is complicated by a variety of factors, including socioeconomic burdens, cultural conflicts, and security concerns. The liberal debate on immigration regulation revolves around the conflict between national sovereignty and universal moral obligations. While liberal nationalists emphasize the right to control borders and maintain social cohesion, liberal globalists advocate for greater freedom of movement and often view the accidental occurrence of being born in a wealthy country as a source of injustice. These debates address practical issues such as the contributions and challenges immigrants pose, the burden on the welfare state, the demands of the labor market, and the moral obligation to address poverty and human rights violations. Liberalism prioritizes individual freedom and rights, and thus takes the following stance on immigration: many liberals oppose immigration control policies. This is because free trade and an open economy are believed to guarantee individuals’ freedom of economic activity and ultimately increase economic efficiency. The freedom to move and work across borders is considered an extension of basic economic freedom. Liberal egalitarians argue that individuals’ birthplace is merely a coincidence and that they have the right to equal opportunities regardless of their country of origin. Therefore, they tend to view the right to migrate as a fundamental human right. In liberalism, the state is viewed as a means of protecting individual freedom and rights, and should not excessively interfere with individual values or freedom of movement. Contrary to this liberal ideal, the reality of accepting immigrants faces various challenges and conflicts. Among the arguments against accepting immigrants, there is the argument that “the welfare of our country’s marginalized groups should take priority.” There are also concerns that an influx of immigrants could lead to job losses or lower wages for local residents. As seen in other countries, including Europe, there are vague concerns about social unrest and increased crime rates due to the influx of immigrants, which can lead to anti-immigrant sentiment. The influx of immigrants often leads to conflicts stemming from cultural differences, or immigrants themselves face difficulties integrating into society due to language barriers, prejudice, and discrimination. The perception that multiculturalism policies have failed is also a real problem. Political leaders sometimes advocate hardline anti-immigration policies, but in reality, they often adjust immigration policies pragmatically to meet economic needs, such as securing essential workers for industries. This demonstrates the disconnect between ideology and reality. Policymakers often face difficult ethical choices, balancing morally valuable objectives, such as a state’s right to exclude, with their moral obligations to potential immigrants. In conclusion, while the liberal stance on immigration regulation emphasizes universal human rights and economic freedom, the actual process of accepting immigrants constantly clashes with complex, realistic issues such as national sentiment, economic impact, and social integration.

A Study on Measures to Strengthen the Automobile Insurance Dispute Resolution System in Preparation for the Autonomous Driving Era - Focusing on the Quasi-Judicial Functions of the Civil Resolution Tribunal (CRT) in British Columbia, Canada -

Kim, Young-kook | 2025, 13(4) | pp.187~226 | number of Cited : 0

This study focused on the new challenges that the rapid advancement of autonomous vehicle technology poses to the existing automobile insurance system. In particular, the concern that the complexity of liability in the event of an autonomous driving accident could delay victim compensation has led to a re-evaluation of the no-fault insurance system, which compensates victims quickly regardless of fault. However, despite the no-fault insurance system's strength in expediting compensation, this study expresses deep concern that its simple introduction in Korea could undermine the ‘adequate protection’ of victims and generate new social costs. To investigate this, the theoretical background and main types of no-fault insurance were analyzed. Through the experience of its introduction in the United States, significant limitations such as unexpected side effects and increased premiums were identified. The U.S. case demonstrates that the introduction of a pure no-fault insurance system harbors the shadow of an unpredictable increase in social costs. Furthermore, it is highlighted that Korea's “Automobile Compensation Guarantee Act” system already performs quasi-no-fault functions, including the principle of no-fault liability for operators, mandatory insurance, and victims' direct claim rights. Considering these unique characteristics of the domestic system, this study emphasizes that the simple introduction of no-fault insurance in Korea has little practical benefit, coupled with negative overseas experiences, and presents conflict points with the existing legal framework (e.g., loss of direct claim rights, infringement of the right to trial). Moreover, the study analyzed the case of British Columbia (B.C.), Canada, which fully adopted a no-fault insurance system through its ‘Enhanced Care’ scheme in 2021. The analysis of Civil Resolution Tribunal (CRT) decisions in B.C. revealed that while the introduction of no-fault insurance contributed to swift compensation and premium stabilization, it exposed clear limitations and problems in effectively indemnifying victims, especially regarding non-pecuniary damages and long-term care. While the CRT played a role in mediating the impact of these systemic limitations on individual victims, it showed that despite the advantage of reduced legal disputes from not attributing fault, new types of disputes regarding the 'appropriateness of compensation' have arisen. Based on the analysis results, significant implications for the domestic automobile insurance system were derived. This study asserts that prior to introducing no-fault insurance, an analysis and formulation of countermeasures for the problems, such as the reduction in victim compensation scope observed in the Canadian B.C. case, must be conducted. Ultimately, rather than a simple domestic introduction of no-fault insurance, it is proposed that strengthening the current dispute resolution system, actively highlighting the strengths of the Automobile Claims Compensation Board's Public Compensation Dispute Mediation Subcommittee's expertise, and ensuring organic linkage with the Damage Compensation Medical Review Committee to establish a consumer-oriented dispute resolution system is an effective alternative to simultaneously secure both 'expediency' and 'adequacy' of victim protection in the era of autonomous driving. This approach will contribute to advancing the overall dispute resolution system of domestic automobile insurance, reducing unnecessary social costs, and protecting the rights and interests of victims.

Aiding through neutral acts

Oh, JungYong | 2025, 13(4) | pp.227~250 | number of Cited : 0

For an aiding-and-abetting offense to be established, at least a principal offender who has resolved to commit the crime must exist, there must be an act of aiding that facilitates the principal’s act, and a causal relationship between the aiding act and the principal act, as well as recognition of that relationship (i.e. intent to aid), are required. Generally, when an act of aiding is premised on a principal who has decided to commit the crime, it does not raise a significant point of contention in resolving the case. The problem is that, because the methods of committing an act of aiding are very broad, it is not easy to determine on theoretical grounds whether a “neutral act,” such as a routine professional activity or everyday behavior, constitutes aiding. While categorizing such neutral acts is virtually impossible, attempts have been introduced—centering on Japanese case law—to explain the theoretical basis regarding aiding through neutral acts. The first case involved the act of uploading a file-sharing software (Winny), which operates via a peer-to-peer (P2P) system, to the defendant's personal website. This act was used by an unspecified number of individuals to commit copyright infringement. In the first-instance ruling, the court acknowledged that by making the software available to the public, the defendant's actions had influenced the principal offender’s execution of the criminal acts. As a result, the court found the defendant guilty of aiding and abetting the offense of copyright infringement. However, the appellate court held that merely recognizing the "possibility or likelihood" that other users might commit copyright violations by using the software was insufficient. Therefore, under the reasoning that there must be proof of the software being used for the substantial purpose of committing copyright infringement, the appellate court acquitted the defendant. The Supreme Court reaffirmed its stance on the appellate court's standard of judgment. In the second case, where a foreign national with whom the defendant was cohabiting became an illegal resident by overstaying the permitted period of stay and the defendant continued their cohabitation knowing this, the first-instance court found that this constituted aiding (as it enabled the illegal stay); however, the second-instance court held the defendant not guilty on the grounds that it was merely the natural and ordinary behavior of a cohabiting relationship. Such acts fall under the category of so-called “neutral acts,” and academic theories on this issue can largely be divided into two approaches: one view examines it from the perspective of whether “intent to aid” is present, and the other approaches it as a question of “objective imputation.” However, the approach of the objective imputation theory—by treating the attribution of the result as the main issue regardless of whether the risk-creating act was committed intentionally or negligently—has a theoretical flaw in that it unduly expands the scope of intentional completed offenses. Therefore, in the case of aiding through neutral acts, it is theoretically more sound to seek a solution by examining whether the intent to aid can be acknowledged, rather than by treating it as an issue of objective imputation.

Administrative Discretion of the Police and the Legal Limits of the Disciplinary System - Focusing on the Harmonization between Public Interest and Human Rights Protection -

Lee, In Gon | 2025, 13(4) | pp.251~281 | number of Cited : 0

This study explores the legal limits of police administrative discretion and the disciplinary system, seeking institutional reforms that harmonize public interest with the protection of human rights. As an authority entrusted with both the protection of citizens’ rights and the enforcement of state power, the police are required to ensure legality, fairness, and accountability in their administrative actions. However, the current disciplinary framework often functions as a means of internal control rather than as an instrument of lawful oversight, which undermines due process and weakens the rights of disciplined officers. Grounded in administrative law theory, this research analyzes the nature and boundaries of discretionary power in police disciplinary practices and identifies the structural and procedural issues that give rise to human rights infringements. The findings indicate that excessive administrative discretion, ambiguous disciplinary standards, and the lack of procedural transparency are major sources of rights violations. Moreover, the dependency of disciplinary committees on hierarchical authority compromises impartial review and leads to inconsistent outcomes. To address these limitations, the study proposes several reform measures: (1) clarification and codification of disciplinary criteria to enhance legal predictability, (2) strengthening the independence and transparency of disciplinary committees, (3) reinforcing procedural safeguards and effective remedies for affected officers, (4) establishing independent ombudsman and citizen oversight mechanisms, and (5) introducing digital record management and AI-based analysis systems to secure consistency and fairness in disciplinary actions. Ultimately, the study emphasizes that human rights–oriented reform of the police disciplinary system is not merely an administrative improvement but a fundamental task for ensuring democratic accountability and the rule of law. Sustainable human rights governance in police administration requires not only institutional and technological reforms but also a transformation of organizational culture and ethical awareness.

A Study on Institutional Improvements for Jeonse Deposit Refund Risks and Victim Protection – Focusing on Bridging the Gap Between Legal and De Facto Victims –

Cho Jae Jin , Kwon, Kee Wook | 2025, 13(4) | pp.283~317 | number of Cited : 0

A Study on Legal Status of Substitute Paramedics in the 119 Emergency Medical System

Hong, Young-Pyo | 2025, 13(4) | pp.319~342 | number of Cited : 0

Improvement of Laws and Systems for the Revitalize of Pet Insurance

Choi, Hyuck , Joung Soon Hyoung | 2025, 13(4) | pp.343~403 | number of Cited : 0

As the companion animal population continues to grow in Korea, public interest in animal health and welfare has increased, and the burden of high veterinary medical expenses has emerged as a significant social issue. Pet insurance has attracted attention as a mechanism to mitigate the financial risks associated with unexpected illnesses or accidents and to provide guardians with economic and psychological security. However, the system has struggled to take root due to structural challenges such as low enrollment rates, limited consumer trust, complex claims procedures, a non-standardized medical system, and insufficient legal and institutional foundations. In addition, the need for pet insurance to function as a means of liability protection in animal-related incidents further underscores the necessity of institutional reform. This study conducts an in-depth analysis of the current status and limitations of Korea’s pet insurance system and, through a comparative review of advanced cases in Sweden, the United Kingdom, and Germany, proposes strategies to enhance institutional stability and market activation. The analysis identifies five key policy tasks required to improve the effectiveness of the domestic pet insurance system. First, establishing standardized veterinary practice guidelines and strengthening mandatory pre-disclosure of medical fees are necessary to enhance transparency and predictability in veterinary care. Second, operational improvements in the small-amount short-term insurance business, regulatory flexibility, and the activation of reinsurance are needed to distribute insurers’ risks and encourage the development of products tailored to life-cycle and breed-specific characteristics. Third, the effectiveness of the animal registration system must be reinforced, and relevant regulations should be clearly codified within the Animal Protection Act and Veterinarian Act to clarify insurance claims, payments, and dispute resolution procedures. Fourth, digital infrastructure—including an electronic claims system (E-Claim), API-based connectivity between veterinary clinics and insurers, standardized medical coding, electronic medical records, and open data platforms—should be strengthened to improve the efficiency and transparency of the claims process. Fifth, nationwide promotion and educational initiatives should be expanded, supported by cooperation among local governments, insurers, veterinary hospitals, and public institutions. Public education on liability insurance, linkages between registration and insurance, and the legal status of animals can also contribute to fostering a responsible companion animal culture. International examples—such as standardized fee schedules, mandatory liability insurance, and mobile claims systems—provide valuable insights for domestic reform. This study suggests that an integrated approach encompassing medical standardization, stable insurance supply, legal and institutional refinement, digital claims infrastructure, and expanded public education can enhance the trustworthiness and accessibility of pet insurance, alleviate medical cost burdens, and contribute to the development of a sustainable companion animal welfare system. In conclusion, improving the pet insurance system requires structural reforms beyond product modification, including greater transparency in veterinary costs, more efficient claims procedures, and stronger legal foundations. Such efforts will help promote responsible pet ownership and support the formation of a welfare-oriented society in which humans and animals coexist harmoniously.

A Study on Data Ownership

Noe, Sang-Ouk | 2025, 13(4) | pp.405~424 | number of Cited : 0

As shown above, existing legal regimes have limitations in fully protecting data. Although new interpretive theories of ownership under the Civil Act exist, their legitimacy is hard to establish, so we have explored the necessity of recognizing data ownership under these circumstances. Although there are many skeptical views on data ownership, even those who take a negative stance on it appear to acknowledge that, ultimately, existing legal regimes are insufficient for protecting data. However, given the rapid evolution of data-related technologies, it is preferable to respond flexibly by creating new forms of rights rather than force-fitting data ownership into existing property doctrines or applying property law by analogy. If a property‐law approach to data is somewhat onerous, it is also possible to initiate change by first utilizing laws such as the Act on the Regulation of Standard Terms and Conditions, which govern the contractual relationships in data transactions. We now live amid the irresistible transformation of artificial intelligence, and since data as the fuel used in AI algorithms will clearly come to hold value comparable to goods of the industrial age, it is necessary in order to prepare for legal gaps concerning new types of data to grant data exclusive rights as we have recognized ownership of physical objects and to accord data proprietary claims analogous to property rights. Just as it took considerable time for the current intellectual property laws to come into being, legislation concerning data ownership is likewise in its nascent stage and requires sufficient time for discussion; therefore, debate over data ownership should continue in our society. Recently, the debate over recognizing data ownership has shifted toward a more cautious stance. In the European Union, discussions on data ownership have concluded that granting exclusive rights to data may actually discourage data transactions, making it inappropriate to assign such exclusive ownership. Even if data ownership were to be recognized, legislation should be designed to appropriately reflect the contributions of various stakeholders involved with data, address the concerns raised by opposing or cautious views on recognizing data ownership, and ultimately foster a virtuous cycle within the data transaction ecosystem.

Issues and Critical Review of the Enactment of Subordinate Legislation of the Nursing Act

Su Hyun Oh , Kim, Jinsuk | 2025, 13(4) | pp.425~449 | number of Cited : 0

Legal Improvement Measures to Prevent Defective Real Estate Registration - Analysis of the importance of improvement factors using AHP -

안정윤 , Lee Jae Woo | 2025, 13(4) | pp.451~490 | number of Cited : 0

The current registration system, overly focused on formal review and procedural administration, fails to fully achieve its original goals of protecting citizens' property rights and ensuring transaction security. Therefore, this study conducted a hierarchical analysis of registration officers responsible for reviewing registration administrative matters, as well as judicial scriveners, attorneys, and law firm managers responsible for registration applications. This analysis identified practical priorities for system improvement measures and their potential for policy adoption. Through analysis of domestic and international real estate registration laws, a review of prior research, and in-depth interviews with practitioners, the research identified 12 potential improvement initiatives for legal reform to prevent fraudulent registrations. The AHP analysis revealed that registration experts ranked measures to enhance trust through government communication technology and proactive rights protection measures (such as SMS notification services, advance registration, and supplementary registration) as most important. In contrast, ex post facto relief measures (objection registration, damage compensation, and corrective registration) ranked relatively low. These results suggest that the real estate registration system should evolve toward a rights-protection-centered registration administration system that balances ex post facto prevention, substantive review, and ex post facto relief. This study holds academic significance in that it provides empirical evidence and policy directions for improving real estate registration administration by analyzing the perceptions of registration practitioners through AHP analysis. It can serve as a foundation for institutional reform aimed at digitalizing real estate administration, restoring public trust, and strengthening legal stability.

A Study on the Actual Conditions and Countermeasures against Drug-Related Crimes

Kim, Jae-Han | 2025, 13(4) | pp.491~515 | number of Cited : 0

This study aims to analyze the recent surge in drug-related crimes and to explore the limitations and improvement measures of the current criminal policy framework. Drug crimes are no longer confined to specific groups but have expanded into a complex social problem driven by digitalization, globalization, and the growing involvement of younger generations. Using statistical data and policy analysis, this study comprehensively examined the trends, characteristics, and comparative responses to drug-related crimes across different countries. The findings reveal that drug crimes in South Korea have increased sharply since 2015, with a noticeable rise among youth under their twenties, women, and foreign offenders. However, the current response system remains focused primarily on supply suppression and punitive measures, while institutional support for treatment, rehabilitation, and social reintegration of addicts remains insufficient. In addition, as online drug distribution through the dark web and virtual assets has become increasingly common, technical limitations in law enforcement and the inefficiency of international cooperation have emerged as major challenges. Accordingly, this study proposes several key policy directions: the establishment of a comprehensive life-cycle response system spanning prevention to rehabilitation, the development of an integrated governance framework, the strengthening of AI-based digital investigation capabilities and international cooperation, and the expansion of therapeutic justice programs. Ultimately, the core of effective drug crime policy lies in a paradigm shift from punishment to recovery. Sustainable social restoration can only be achieved by advancing from punitive control toward a recovery-oriented criminal justice model that integrates prevention, treatment, and rehabilitation. This study thus provides legal and policy implications to guide such a transition and serves as a foundational reference for future drug crime policy development.

Establishment of the crime of housebreaking and entering the parking space of a detached house - Based on the Osaka High Court's July 16, 2021 -

Hong, Tae-Seok , Kwon, Yang-Su | 2025, 13(4) | pp.517~544 | number of Cited : 0

Article 319(1) of the Korean Criminal Act provides that “A person who intrudes upon another’s residence, building under management, vessel, aircraft, or occupied room shall be punished by imprisonment for not more than three years or by a fine not exceeding five million won.” This provision sets forth the statutory elements of the so-called crime of housebreaking (trespass upon residence). As described in the provision, the objects of intrusion include a residence, building, vessel, aircraft, or occupied room. Judicial precedents have also recognized that shared or common areas—such as stairways, corridors, basements, gardens, elevators and common stairways in apartment buildings—can fall within the scope of “residence.” This raises the question of how to treat parking lots, which may also be considered common facilities. Since parking lots are facilities used by the residents of a building, it is debatable whether a non-resident’s unauthorized entry into such a facility constitutes the act of intrusion punishable under this offense. Although parking lots are generally accessible to an unspecified number of people, underground parking lots in apartment complexes are typically used only by residents. Therefore, if a non-resident enters such an area with intent to intrude, the crime of housebreaking may be established. However, in cases such as when a person merely passes through a piloti-type building’s parking area to take a shortcut, or when one enters a parking lot only as a preliminary step to an intended intrusion, it must still be examined whether such acts amount to “intrusion” under this offense. Accordingly, this paper examines Japanese judicial precedents concerning entry into parking lots to determine whether such acts can constitute intrusion for the purposes of the crime of housebreaking.

A Review at the Problems of Data Seizure Through Remote Access - Implications for Discussions in Japan -

박노환 | 2025, 13(4) | pp.547~586 | number of Cited : 0

While remote access-based search and seizure has become an essential investigative technique in the digital age, it poses several serious challenges. This paper examines the challenges posed by the revised remote access law in the practice of data copying through remote access and provides examples of several legal challenges. As pointed out in the text, cloud computing has become more widespread since its introduction, and it’s undeniable that the remote access provisions are either out of sync with current cloud computing usage patterns or are on hold. While this paper merely raises introductory issues, I hope to conduct more in-depth research focusing on the following issues. The key issues are as follows: First, due process and legal grounds are inadequate. The Korean Criminal Procedure Act lacks explicit provisions governing remote search and seizure, often relying on court interpretation or practical practices. This can violate the principle of legality. While traditional search and seizure targets objects physically located at a “specific location” specified in the warrant, remote seizure transcends the concept of physical location. This makes it difficult to determine the scope of the warrant’s validity and the location of execution. Second, the violation of the fundamental rights of the subject of the seizure (the data subject) becomes a problem. When conducting a search and seizure via remote access, the participation of suspects, their attorneys, and other authorized participants is practically difficult or impossible, making the right to defense ineffective. Digital information is stored in large quantities and often includes sensitive personal information. Remote seizures can lead to the collection of a wide range of information, including irrelevant information, creating a significant risk of excessive seizure, potentially leading to serious privacy violations. Difficulties in promptly providing an accurate list of seized information can restrict the ability of the subject to exercise their rights. Third, ensuring the authenticity and integrity of evidence is challenging. During remote access, there is a risk of evidence being damaged or altered depending on network conditions, and proving the identity (authenticity) of the evidence is more difficult. Unlike physical seizures on-site, remote seizures require compliance with appropriate digital forensic procedures (such as hash verification) and are difficult to verify. Fourth, jurisdiction and international judicial cooperation (in the case of extraterritorial seizures) also present difficult issues. If a server is located overseas, it may conflict with the sovereignty and jurisdiction of that country. Differences in each country's laws and systems make it difficult to secure legal legitimacy. Using international judicial cooperation procedures to secure information from overseas servers can be time-consuming, hindering the prompt acquisition of evidence. Furthermore, the lack of cooperation from the relevant country can hinder effectiveness. To address these issues, it is necessary to establish a clear legislative basis, establish practical procedures to guarantee the right to participation and defense of those subject to seizure, and establish an international cooperative system.

A Study on the Causes and Countermeasures of Child Abduction Crimes

Yeom, Gun-Woong | 2025, 13(4) | pp.587~606 | number of Cited : 0

A Look at Hostage Negotiation Skills of American Police Officers - Focusing on FBI Crisis Negotiation Experiences -

Lee Keon Su | 2025, 13(4) | pp.607~664 | number of Cited : 0

Law enforcement negotiations are one of the few moments during a crime scene where law enforcement officers interact with offenders, allowing them to influence the outcome of the situation in law enforcement’s favor. All other interactions with offenders occur after the crime has been committed or during undercover investigations, with law enforcement officers concealing their identities. Law Enforcement Crisis and Tactical Negotiation (LECTN) provides techniques, tactics, and procedures for smoothly handling difficult, dangerous, and unruly individuals and encouraging voluntary compliance, utilizing verbal influence-based techniques. LECTN is a method for coping with perceived threats to a person’s emotional, psychological, or physical well-being in intense conflict or crisis situations. Understanding the critical events and the person’s mindset is crucial for determining appropriate communication strategies and tactics. The key to this process is understanding and evaluating instrumental and expressive behaviors to apply tactical negotiation or crisis intervention. When negotiating with someone who is difficult, dangerous, or unruly, a key skill for effective negotiation is building trust by applying the Behavioral Influence Ladder Model. This means effectively applying active listening, empathy, trust, and influence to persuade the other party to change their behavior. The hostage negotiation techniques employed by American police officers focus on minimizing casualties and peacefully resolving situations, offering valuable insights for Korean police and various negotiation fields. In other words, American police hostage negotiation techniques, centered on a psychological approach based on dialogue and empathy, and the systematic operation of expert systems, offer valuable insights for resolving various crises and conflicts in Korean society. Crisis negotiation focuses on peaceful resolution of high-risk situations, such as hostage situations, suicide attempts, and barricades. Effective training encompasses not only law enforcement techniques but also psychology, active listening, and team-based training. Negotiations are successful when teams balance tactical preparedness and patience while maintaining control of communications, utilities, and perimeters. Active listening, empathy, and relationship building are core skills applicable to both law enforcement and personal crises. In business and international crisis negotiations, systematic planning, establishing ground rules, and managing emotions are essential to prevent hasty or detrimental outcomes. Crisis negotiations differ from hostage negotiations, which encompass a broader range of incidents beyond hostage taking. Incidents involving barricaded targets, hostage-takers, or individuals threatening suicide can be particularly challenging and stressful for law enforcement officers. The first officer to arrive on scene must quickly assess the situation, secure the scene, identify threats to hostages or bystanders, and request additional personnel as needed. Crisis negotiators must: initiate contact with the target; understand the hostage-taker's demands; and strive to resolve the tense and volatile standoff without loss of life. Special Weapons and Tactics (SWAT) teams must be prepared to neutralize suspects through rapid tactical action. The incident commander has ultimate responsibility for all aspects of the police response. For this coordinated response to be successful, each component must have a clear understanding of each other’s functions. This study clearly outlines the role of crisis negotiator for incident commanders at all levels who lead hostage-related incidents or other critical incidents.

KJCKorea
Journal Central

Legal Theory & Practice Review 2024 KCI Impact Factor : 1.08

2025, Vol.13, No.4