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A Study on Mutual Legal Assistance in Criminal Matters to TRANSNATIONAL THREATS in Northeast Asia

Vol.2 (No.2) 2017
Author
admin
Date
2017-12-30 12:18
Views
417

Abstract


Technological and economic development after the World War II promoted the increase of the free movement of goods, services and people, which led to globalization. Contrary to positive expectations for the globalization, it has brought negative side effects such as globalization of crime and international disorder by illegal subnational actors. The phenomenon of international disorder as a dysfunctional element in the process of globalization is expected to increase more rapidly in the future.
One of these threats is transnational crime. Transnational crime refers to crimes related to two or more sovereign states, such as the subject, object, act, the benefit, and outcome of a crime. As these transnational crimes increase, closer cooperation with foreign countries is required for prevention, investigation, prosecution, trial and punishment of crime.
However, it is questioned whether the traditional system of mutual legal assistance in criminal matters can be played as an effective countermeasure against transnational crimes becoming globalized and widened both quantitatively and qualitatively. Therefore, it is emphasized that the need to reorganize the existing system of mutual legal assistance in criminal matters to be effective. Based on these problems, the purpose of this study is to find ways to build international cooperation on police activities in Northeast Asia for transnational threats, focused on transnational crimes.
Due to the various problems inherent in the traditional legal mutual assistance in criminal matters, actual cooperation on mutual legal assistance in criminal matters is not often achieved. Moreover, the new type of mutual legal assistance in criminal matters as bilateral treaties has not been joined in Northeast Asia, and cooperation through international criminal police organizations may concern about violation in human rights.
Therefore, it is necessary to discuss how to prevent and suppress these crimes while promoting free movement of individuals and exchange and cooperation. In this article, one of these problematic situations was discussed the international cooperation plan of police activities and suggested the recommendations for improvement.

Keyword:National Security, Transnational Threat Transnational C rime , Mutual Legal Assistance in Criminal Matters , National Security in Northeast Asia
  • Purpose: The main purpose of this article is to examine the significance and challenges of the main-railway and sub-road system of North Korea, which has received greater attention since the Panmumjom Declaration adopted on April 27, 2018, and to investigate the political, diplomatic and security implications of cooperation of the inter-Korean and Chinese-Russian border railways. Method: For better analysis, as a major research method, the existing academic papers related to North Korea including literature reviews considering the characteristics of research on North Korean railways, and data from the Ministry of Unification and main state-run research institutes. Researches on the inter-Korean railway and trans-continental railway connections have accumulated in academic circles, government agencies and research institutes from 2000 to this day. Results: Despite these various advantages, it is the most urgent task to resolve North Korea’s nuclear issue and lift economic sanctions against North Korea. After the breakdown of the 2019 North Korea-United States Summit in Hanoi at the end of February, the North Korea-U.S. relations reached a stalemate, and the international community’s extensive sanctions have continued. The connection of inter-Korean railways and the opening of China-Russia border regions are major arteries of the North Korean economy and serve as the basis for industrialization, urbanization and modernization, but they can be made possible only via active multilateral economic support and cooperation from the international community. Conclusion: The connection of inter-Korean and China-Russia railways not only has economic ripple effects, but also is subjected to political, diplomatic and security factors with relevant countries. North Korea’s rail modernization has its significance in that it helps to form the foundation for North Korea’s economic growth, escape isolation from the international community, ease tensions on the Korean peninsula, prevent border disputes between China and Russia, promote economic development, lift U.S sanctions against North Korea, and expand the possibility of advancing into the Asia-Pacific and Eurasia regions. As the expansion of international cooperation and participation of the international community may lead to the opening of the closed North Korean society and the instability of the Kim Jong-un regime, questions still arise as to whether North Korea will select such international cooperation.
    Keyword:Main-Railway and Sub-Road System, Modernization of North Korean Railway, Connection of Inter-Korean Railways, Trans-Continental Railways Connection, Border Railway
  • Purpose: This article is to assess the threats of North Korea’s weapons of mass destruction(WMD), including nuclear weapons, biological weapons, and chemical weapons. It also suggests the direction of the Republic of Korea to prepare for the North Korea’s threats of WMD. Method: The assessment of North Korea's WDM threats is derived from analysis of previous research and empirical insights from the experts. It covers the development progress, types, threats and capabilities of North Korea's weapons of mass destruction. Through this process, this article seeks practical ways to eliminate North Korea's WMD threats. Results: North Korea is estimated to have 20 to 60 nuclear weapons and can produce six new nukes per year. North Korea’s biological agents may include anthrax, cholera, yellow fever, smallpox, typhus, dysentery, plague, brucellosis, tularemia, epidemic hemorrhagic fever, botulinum toxin, yellow cattle toxin and so on. Pyongyang, which possesses up to 5,000 tons of chemical weapons, ranks third in the world after the U.S. and Russia. North Korea is estimated to be capable of producing 5,000 tons per year during armistice and 12,000 tons during wartime. Finally, North Korea could use its WMD against ROK, Japanese, and U.S. targets in the region. Conclusion: A combination of open negotiations and real pressure based on the strong ROK-U.S. alliance will be the best option for eliminating North Korea's WMD threats. The key is to induce the active participation of China, Japan, and Russia around the Korean Peninsula. Furthermore, the international community's sanctions against North Korea's weapons of mass destruction threat should be continuously strengthened.
    Keyword:WMD, Nuclear Weapons, Biological Weapons, Chemical Weapons, Sanctions
  • Purpose: The purpose of this study is to explain the causes of terrorism based on criminological perspectives. The existing theory of terrorism has been proposed mainly outside of the academic of criminology such as, politics, economics, sociology, etc. However, terrorism is a deviant act that is no different from ordinary crime. Thus, existing criminology theories can explain terrorism. Especially, in this study, three major criminological theories, such as social disorganization theory, crime opportunity theory, and general strain theory, were discussed. Method: This study sought to achieve its purpose through theoretical comparison. First, this study focused on the discussion of pervious theories proposed by the academic fields outside of criminology. Many theories have been suggested to explain terrorism. In particular, various theories have been suggested in the fields of politics and economics. Typical terrorist theories include violence, international political structural theory, social structural theory, and game theory. Secondly, the author attempted to explain terrorism by applying various theoretical approaches to criminology such as social disorganization, strain, and opportunity perspectives. In order to understand terrorism well, it is essential to understand the status of terrorism. Thus, this study tried to analyze the GTD to understand the current status of terrorism from 1790 to 2019. The status analysis showed how often terrorism occurred, where it occurred, and the seasonal changes in the outbreak. Results: As a result of comparative analysis of theory, there was a limitation that the theories proposed in areas other than conventional criminology explained the cause of terrorism centered on political conflict. This has limitations in presenting practical policy alternatives. This is because the political problem is very complicated and difficult to solve. Meanwhile, when applying the theory of criminology, the understanding and problem-solving of terrorism were more clear. In the case of strain theory, it has the advantage that it has been able to present a variety of collective tension mitigation measures in a particular region. The theory of social disorganization theory suggests ways to strengthen social control in the concentrated areas of terrorism. The theory that the most efficient practical policy proposal is seen as a criminal opportunity theory. The criminal opportunity theory suggests that terrorism can also be prevented through situation control because it is an act that takes opportunities and situations into account. Conclusion: Crime and terrorism are not separate concepts. Terrorism is a sub-concept that belongs to a criminal act. Thus, the theory of criminology can be used to fully explain terrorism. If the cause of terrorism is identified through a criminological approach, more effective alternatives can be proposed. This requires follow-up studies that apply criminology theory in future terrorist studies.
    Keyword:Terrorism, General Strain Theory, Crime Opportunity Theory, Social Disorganization, Criminological Perspectives
  • Purpose: This study has analyzed the differences in the empowerment by gender and age of the police officers serving for the South Korean security police organization, which is dedicated to the North Korean refugees, who are increasing in number due to the economic downfall of the North Korean regime. In addition, it is sought to discuss the policy measures which can help improve the new empowerment of the North Korean refugees and the security police organization analyzed based on the results of this study. Method: In this study, to analyze the differences in the empowerment as per the gender and age of the police officers serving in the security police organizations, 100 police officers from the security department who have work experiences related to the North Korean refugees with the South Korean police officers as the group of recruitment in 2020 were targeted, and the survey was conducted by using the Self-Administration Method. Results: In terms of the differences in the empowerment as per gender, with Q-1 "What I'm doing is important to me", men demonstrated a higher level of significance than women at the significance level of 5%, and in terms of the differences in the empowerment as per age, 8 out of 20 questions demonstrated that empowerment was higher for those in their 50s or older than in those in their 20s, 30s, and 40s. Conclusion: The weight of the women police officers in the organizational culture of the security police for the expansion of the North Korean refugees ought to be increased. Among the North Korean refugees, women account for twice as many as men, and the role of women police officers in counseling and managing them ought to be taken seriously. Furthermore, there is a need for an ambience where the empowerment possessed by the police officers in their 50s and older may be conveyed to the young police officers, and the values generated from the long experiences of working with the North Korean refugees, that is, a strong sense of the view of nation, ought to be well conveyed to the young police officers.
    Keyword:North Korean Refugees, Security Police, Empowerment, Gender, Age
  • Purpose: This article delves into the problems of the U.S. strategy for negotiations with North Korea based on Neo-liberalism and look briefly at the implications for its denuclearization policy on the Korean Peninsula. Method: This paper analyzes the problem of the US negotiations between the US and North Korea through the lens of Neo-liberalism. Neo-liberalism is a market-oriented economic and social policy approach that seeks to minimize government intervention, focus on the maximization of private companies, market expansion between countries. Results: The biggest problem of neo-liberalistic ways of negotiation with North Korea is first, the minimization of government intervention, second, the pursuit of military-industrial complex interests with a focus on private corporate efficiency, and thirdly, China's alienation due to the strengthening of common value shared alliance networks. Conclusion: First of all, it is necessary to maximize the role of the U.S. government to revitalize the negotiations on the denuclearization of the Korean Peninsula, which has been strained by this neo-liberal approach of the U.S. An active engagement policy is desirable, and if necessary, it needs to consider a summit for phased denuclearization. Second, the control of the profit-seeking of military-industrial complexes. Despite the signing of the 9.19 inter-Korean military agreement, South Korea is making efforts to purchase state-of-the-art weapons from the U.S. to retrieve wartime operational control. This is causing a backlash from North Korea, giving an excuse to be intransigent in denuclearization negotiations. Third, China should be embraced as an active partner in the denuclearization of the Korean Peninsula. China's cooperation is essential to denuclearize the Korean Peninsula, but the strengthening of the U.S.-centered value alliance will lead to China's isolation, which will prevent China from cooperating with North Korea's denuclearization. Fourth, policies that consider the weak are needed to overcome the harmful effects of the infinite competition of neo-liberalism. North Korea is inferior to the U.S. and its allies economically and militarily.
    Keyword:Biden Administration, Negotiation, State Intervention, Sanctions, Strategic Patient
  • Purpose: The purpose of this study is to consider the separation struggle of the Chechen Republic in the Caucasus region, which has been under Russian control for more than 200 years, and Russia's response. Chechen wants to get away from the Russian Federation and have their own government. But the Russian federal government does not want to undermine its security interests or economic interests. In this study, we look at the ideologies and strategies pursued by the two forces. Method: In this paper, we explore the political and economic background of the North Caucasus region and the ethnic characteristics of Chechnya, and explore the existing research literature on the two Chechnya wars. Specifically, it considers mountainous peoples, Islamic acceptance, relations with neighboring countries, geologic factors of Chechnya, and the Russian federal government's pressure on the Chechnya Republic. Results: Chechnya has been fighting for independence ever since it came under Russian control. In response, Russia has been consistent with strong military pressure and ethnic oppression rather than a moderate assimilation policy. This is because many ethnic groups in Russia were concerned about the departure. The North Caucasus region is also located on the border with NATO and Central Asia, which could have a significant impact on Russia's security and economy, so Russia is not giving up the region. Conclusion: Chechnya is linked to direct or indirect interests in Russia and other Western countries, including the Republics of the North Caucasus, Turkey and Central Asian countries, and the United States. Also, the conflict may vary depending on Russia's strategy for Chechnya. Local fighting and terrorism are not expected to end unless Chechnya's independence is achieved.
    Keyword:North Caucasus, Separation Movement, Chechnya War, Samashki Massacre, Mujahideen
  • Purpose: The purpose of this study is to examine whether evidence-based police activities can be one of the alternative methods in situations where the Korean police's counter-terrorism response capabilities are limited in various ways. Method: The concept, function, and content of evidence-based police activities were reviewed to achieve the research objectives. Based on this, the possibility of applying evidence-based police activities as an alternative philosophy for improving the Korean police's ability to respond to terrorism was discussed. Results: As a result of the study, evidence-based police activities based on the scientific method of verification and analysis will be able to contribute to securing the legitimacy of the police's counter-terrorism activities, and it is thought that the application of this will be necessary. Conclusion: This study is meaningful in that it was the first to examine the applicability of the philosophy of evidence-based police activities to counter-terrorism police activities in Korea.
    Keyword:Evidenced-Based Policing, Counter-Terrorism, Policing, Rule of Law, In Korea
  • Purpose: As modern society becomes dense, complex, and wide-ranging, even small accidents often cause a series of infrastructure collapse or human casualty which leading to a national crisis. The government always promises to be thoroughly prepared to prevent the same accident in the future, but despite many proposals and measures, similar types of accidents occur repeatedly after a certain period of time. Now, distrust is building up in the government which has failed to manage the disaster. In this paper, considering this reality, we believe that national capabilities should first be invested intensively in initial measures for appropriate actions at Golden Time, and we would like to present a plan to secure capabilities by dividing them into software and hardware parts for appropriate initial action. Method: Inappropriate initial measures in post-evaluations are pointed out as problems every time a disaster occurs. Research would like to check what problems are there through recent cases in Korea and draw implications for effective initial measures in the future. Based on previous national crisis and disaster, case study method is conducted to analyze military, state, local government, police and coast guard’s initial measures and action. Research focused on 2010 ROKS Cheonan sinking, 2014 Sinking of MV Sewol and 2019 defecting of North Korean wooden boat cases. Overviews of each cases will be introduced and case analysis of each cases’ initial measure will be discussed. Results: Case analysis of previous disaster’s initial measures show importance of initial measure. Re-searchers suggest that improvement measures must be prepared to utilize the police’s 112 system in times of crisis such as disasters. In this paper, researchers suggest two different way(legal and physical) to improve initial measure of the police and coast guards’ in the event of a disaster. In legal way, research focuses on law and regulation of authorities, police, coast guards and the Disaster Safety Act. Physical way discuss about equipment, expert training, and overall system of comprehensive disaster management. More detail will be discussed later. Conclusion: Problems commonly pointed out in the BAI reports, media, civic groups, and investigative agencies that have analyzed accidents in the past are inexperienced initial measures within Golden Time. There is a golden time in every crisis, so appropriate measures can save people, minimize property damage, or end the case early by putting only a small national capability in dealing with it afterward. Researchers believe that limited national resources can be efficiently responded in the event of a disaster by first strengthening the field of initial measures. In the future, when the autonomous police system is implemented, the national · autonomous police officers will be separated and the 112 system will be separated too. In that situation, Central Disaster and Safety Countermeasures Headquarters, local government, National Coast Guards, and National Fire Agency will have hard time in communication and chain of command. In the event of a crisis while receiving a crisis-related report or on-site patrol, it should be clearly stipulated that all reports should be dispatched first regardless of authorities.
    Keyword:National Crisis, Disaster, Initial Measures, Disaster Safety Act, Golden Time
  • Purpose: The purpose of this study is to identify the factors influencing the occurrence of suicide terrorism. Specifically, the nationality of the suicide terrorist and the country belonging to the group that committed suicide terrorism were checked, and the factors that influence the occurrence of suicide terrorism were identified after comparing the social indicators of the outbreak country and the non-occurrence country. In addition, the purpose of this study is to prepare measures to prevent the occurrence of suicide terrorism based on this. Method: After confirming the suicide terrorism incident that occurred in 2014, the factors influencing the occurrence of suicide terrorism were identified from a macroscopic point of view, and the world peace index was used for this. A Poisson regression analysis was performed to confirm the influence on the occurrence of suicide terrorism by setting the variables corresponding to the general strain factor and the relative deprivation factor of the Global Peace Index(GPI) as independent variables. Results: As a result of the analysis, macroscopic factors influencing the occurrence of suicide terrorism could be identified. Factors influencing the occurrence of suicide terrorism include the country's crime perception level, murder rate, possibility of violent demonstrations, violent crime level, fatality index from domestic and foreign disputes, military expenditure, ratio of migrants to population, domestic and foreign It was confirmed that the factors of conflict affect the occurrence of suicide terrorism. Conclusion: Based on such research results, policy suggestions to prevent the occurrence of suicide terrorism were suggested. First of all, in relation to political terrorism, it can be said that there is a need for an institutional plan to prohibit political terrorism such as torture for reasons of ideology, religion, race, and ethnicity. In addition, it can be said that there is a need for an institutional plan that can resolve domestic disputes in a peaceful way rather than in a violent way, and efforts to create a safe environment by trying to reduce military expenditures are needed.
    Keyword:uicide Terrorism, General Strain Theory, Relative Deprivation Theory, Global Peace Index, Poisson Regression
  • Purpose: North Korea's drug production and trafficking have the longest history of illegal activities by the North Korean authorities as a means of earning foreign currency. In the 1990s, scientists smuggled large quantities of drugs from North Korea's Suncheon and Pyeongseong pharmaceutical plants to China. Drug manufacturing and trafficking in North Korea is a well-known public fact. Drugs from North Korea are being smuggled into South Korea through China through various methods. The purpose of the study is to block the entry of North Korean drugs into South Korea. Method: Define the concept of drugs and methamphetamine, look at the background of North Korea's trafficking, the status of smuggling to the world, the production and distribution of drugs in North Korea are handled at the national level, and analyze how they are smuggled into South Korea. Results: Drugs have been manufactured in the mountains of North Korea, which are hard to find outside, and are flowing into South Korea through China. Smuggling methods are highly intelligent, mainly using diplomatic bags, hidden in other goods of merchants, etc. Drugs in circulation are in large quantities and are understood to be in circulation at various stages. Conclusion: The reason why North Korea produces, manufactures and trafficks drugs is to cover insufficient foreign currency and use it as a cost of maintaining the regime. It is necessary to strengthen cooperation between South Korea and neighboring countries to prevent smuggling of North Korean drugs into South Korea, expand the international drug crime investigation organization, and strengthen investigation capabilities.
    Keyword:North Korea, Drugs, Methamphetamine, Drug Manufacturing, Drug Trafficking