Globalization, informatization and democratization are proceeding rapidly not only in the Western international community but also in Northeast Asia, resulting in close political and economic links between countries. And this flow is the same in the political and economic domain as well as the academic domain.
Therefore, this journal aims to activate academic exchanges in Northeast Asia through the study of criminal law in Northeast Asia, and to have a positive effect on academic field development and practical field. The major areas of research are criminal law and criminal procedure law theories and case studies related to national security crimes and terror crimes. However, the research area will not be limited to this, but all areas related to theory and case law shall be included. To this end, our journal encourages active participation by the academic community as well as the working class and aims to expand its scope.
The journal, which publishes two times a year, will receive manuscripts by May 10 and November 10, and the papers will be registered through strict review by the editorial committee. The papers, which were finally published online on June 30 and December 31, will be listed in the screening process.
The rapid development of science and technology in the late industrial society has changed the civilization of mankind rapidly. Especially, due to the development of advanced information and communication technology, the world is free of the barriers between countries so that the word 'global village' disappears. As a result, free movement of people, money, and technology makes economic ripple effect, spreading democracy, I brought it. On the other hand, there are also side effects that can enforce enormous economic damage as well as human life and body, such as the abuse and abuse of nuclear power due to advanced science and technology, serious environmental crimes, unpredictable accidents, It is the dark side of the development of science and technology. The dark side of this technological development is the object that human beings must overcome to exist as human beings and to live a safe life while they exist. To do this, we examine the emerging risks in the transition from industrial society to late industrial society, and the role of the criminal law in coping with these dangerous people and their changes. In other words, as a means of controlling risk, we have examined the legal response, and the change in the concept of legal benefit through transposition of such a criminality and the expansion of abstract dangerous people are suspected to be effective and may adversely affect the fostering of healthy social communities. In addition, it has been confirmed that it is reasonable to abolish this approach because it is possible to promote the quantitative expansion of the criminal law in a clear sense that it copes with a new phenomenon, rather it may even doubt the effectiveness of the criminal law itself. In addition, the problem of management of the risk source is not socially controlled by the state but it is reasonable to go to the social management based on the social consensus of the concerned civil society and the people who have easy access to the risk source. And the administrative law area, it is reasonable to consider the criminal legal action as the ultimate means.Keyword:Risk, Risk Society, Risk Criminal Law, Abstract Legal Interest, Excess of Punishment
Legal interests are the best value for maintaining a peaceful order in society. The legal interests of penal law is one of the most significant values among others protected by so many laws. The fundamental priciple of criminal law is the benefits and protection of the law, which consists of national, social and individual legal interests. In particular, the national legal interests is related to the existence and security of the state, therefore it is a very important legal benefits. Thus, this study will try to formulate the concept of national secret in order to apply the criminal law accurately. This research has been conducted to draw the concept of judging the national confidentiality based on the principle of legality(nulla poena sine lege). The Supreme Court precedents of the Republic of Korea state that the national confidentiality should not include facts, articles, or knowledge that are already widely known to the general public through proper procedures in Korea. National confidentiality should b e kept as a secret for national interests. To be treated as national confidentiality, there must be a real threat to national security if it were publicly available. In general, there are three criteria for judging national security. First, a ‘theory of formally designated as secrets’ recognizes only the national secret as an explicit indication that the government organization prohibits the public from being known. Second, a ‘practical secret theory’ means regardless of a formal designation as a secret, if the contents of a document is critical to be preserved and it has a substantial value as a secret, which is recognized as confidentiality. Third, a ‘merge theory’ is a position that can become national secret if it has both formally designated and practically valuable as secret. In conclusion, it is reasonable that ‘publicly known facts’ and ‘trivial things’ should be excluded in order to comply with the meaing of national secret. And conventional wisdom and current social atmosphere of Korea should be reflected during the process of classifying actual secrets. Furthermore, it needs to have an objective and concrete analysis on each field. Nevertheless, if the judgment on confidentiality is still ambiguous and unclear, then the principle of in dubio pro reo should be applied and favorable to the defendant.Keyword:Criminal Law, National Legal Interests, National Secret, Principle of Legality, Military Secret
The problem of the school violence of the youth is not merely the deviation of the individual, but the social problem that our community must solve as a top priority. In recent media reports on juvenile school violence, newspapers and portal sites have spread. People who were angry at the school violence filed a petition to abolish the Juvenile Law on the Cheongwadae homepage, and more than 270,000 people have complained about it, resulting in a huge societal aftereffect. It does not mean that they do not understand community members' sympathy. Although they trust the strong national obedience as a measure against school violence, they do not have a great effect. At the end of 2011, Daegu's suicide incident became publicized, causing a great social shock. The government announced that it would eradicate school violence in 2012, and announced the "Comprehensive Measures for the Elimination of School Violence". After the announcement of the measure, it was reported that the violence was reduced by simple numerical figures. However, after several years, we can not help asking whether the measure emphasizing unilateralism is effective. This shows the limitations of not being able to create a healthy community and not fundamentally reducing school violence and juvenile delinquency as a powerful imperative of the current judicial system in which the punishment of the perpetrator punishment = problem solving is widespread in our society. Therefore, in this study, how is the direction of school violence and genuine restorative justice defined in the current situation, where the national criminal justice system paradigm is shifting from the victim-centered traditional criminal justice system to the offender-centered criminal justice system? The current Criminal Justice Review examines the meaning and effectiveness of the traditional national criminal right to combat and complement the ideology of restorative justice as a preventive measure against serious school violence. It is necessary to plan ways to bring about substantial change.Keyword:School Violence, Prevention of School Violence, Restorative Justice, Severe Punishment, Perpetrator
With the spread of smartphones and tablet PCs beyond the users of personal PCs connecting the Internet, cyber space has become an existential stage that directly affects our life rather than a simple virtual space. The first level of SNS ripple effect is that it functions as a media medium for marketing, publicity, and entertainment due to the network function that makes it easier to build so-called connections. On the other hand, the other attribute of SNS is exposed to the negative aspect which is used as a means of various crimes. Among the char-acteristics of SNS, since the location information service is accompanied and the personal privacy information is exchanged, exposure of location information and personal information eventually leads to privacy violation it is likely to lead to other crimes. In terms of criminal policy, privacy is important and constitutionally recognized rights, and personal infor-mation infringement is also closely related, so personal information and privacy violation are not related to crime. Therefore, it is necessary to pay attention to the crime prevention aspect from the viewpoint of the users, and it is considered that the responsibility should not be overlooked from the viewpoint of the business operator. In other words, if you understand the nature of SNS and understand the awareness and danger possibility, you can be protected from SNS crime damage. Therefore, it is important to pay attention to how well SNS users understand the attributes of SNS. Considering that cybercrime using SNS is mainly based on weakness of personal information protection, we use social networking service(SNS) so that personal information management can be carried out under self responsibility by educating and educating SNS users. It is necessary to establish clear guide-lines on the limitations on the use of location information and surrounding information as the type and scope of personal information required for SNS subscription, and as linkage information.Keyword:SNS, Personal Information, Location Based SNS, Blog-Based SNS, Networking SNS
The general tendency of contemporary Crime in the 21st century is transnational, intelligent, difficult to prove, related to much illicit money and collaborative among criminals especially in North East Asia. It is difficult to recover criminal assets in North East Asia not only because of the lack of the necessity recognition for the criminal asset recovery but also the limitation of the governance for the efficient mutual legal assistance in criminal matters including the incompletion of the legislation for the Asset Recovery. Non-Conviction Based Confiscation is also based on the completion of the legislation and the willingness for the substantial collaboration among the judicial organizations in Northeast Asian countries.Keyword:Asset Recovery, Confiscation, Victim Protection, Mutual Legal Assistance, Criminal Proceeds
|Kim Jae-hyun General Affairs||Korean Institute of Criminology, South Korea|
|Kim Dae-won Research||Sungkyunkwan University, South Korea|
|Kang Wu-ye Intelligence||Korea Maritime and Ocean University, South Korea|
|Kim Kyung-chan Management||Korean Institute of Criminology, South Korea|
|Lee Sung-dae Planning||Hansei University, South Korea|
|Kim Hyoung-ku International||Hanyang University, South Korea|
|2015||JUN. 30||International Society for Justice & Law Established Dr. Lim Yu-seok|
|DEC. 05||Inaugural General Meeting|
|2016||FEB. 19||International Journal of Justice & Law (ISSN 2324-8767)|
|JUN. 30||First Journal Publication (378 Tenjinchou Kamimaruko Nakaharaku Kawasakishi Kangawhken Japan)|
|OCT. 11||Digital Object Identifier Enrollment (DOI)
|2019||APR. 08||Journal Title Suggestion Scopus|
|MAY. 15||INFOBASE INDEX|
|JUN. 30||Journal Publication Change Address (2-20-7 Arakawa Arakawaku Tokyo Japan)|