scholarly journals The Legal Implications of Korean Sports Violence

2021 ◽  
Vol 2 (2) ◽  
pp. 31-34
Author(s):  
Daesu Ha ◽  
Jisu Kim ◽  
Jaegyun Kim ◽  
Taemin Ha
Keyword(s):  
Team Sports ◽  
Physical Contact ◽  
Physical Assault ◽  
Criminal Prosecution ◽  
Bodily Integrity ◽  
Economic Interests ◽  
Legal Implications ◽  
Penal Law ◽  
Limited Application ◽  
Legal Concepts

Korean national laws may have limited application in the sports sector. Sports rules that restrain government intervention have allowed organizations to exercise power as autonomous and private sectors at the global level (Kim, 2011). Despite these constraints, certain issues, including criminal problems, economic interests, and bodily integrity in sports, sometimes call for intervention from judicial powers (Park, 2016). As it is impossible to completely avoid physical contact in team sports games, acts of violence that have high chances of harming others naturally take place during games and competitive events. Thus, this paper seeks to define whether violence in sports is subject to criminal prosecution. After a descriptive exploration of pre-existing studies through a systematic literature review, qualitative research was conducted to examine the precedents in accordance with legal transition and flow. Legal concepts in Korea were first established, and key points of previous works and studies were examined thoroughly (Sohn, 2011). It is critical to judge the intentionality of such actions for a legal interpretation to see whether they can be deemed offensive (Sohn, 2011). As the concept of violence is defined as a physical assault on bodies, illegally exercised physical coercion, and invasion of other people’s bodies, thus validating such action as a crime, the benefit and protection of law to be honored in such incidents are bodily integrity and its physiological functions (Oh, 2019). In order to decide criminality under penal law, each case consists of the “component validity-illegality-obligation” (Yeon et al., 2018).

scholarly journals “Progressive” Criminalization? A Sociological and Criminological Analysis Based on the German “No Means No” Provision

2021 ◽  
Vol 22 (5) ◽  
pp. 817-832
Author(s):  
Ralf Kölbel
Keyword(s):  
Social Policy ◽  
Criminal Policy ◽  
Policy Discourse ◽  
Criminal Prosecution ◽  
Sexual Interaction ◽  
Sexual Offenses ◽  
Essential Question ◽  
Penal Law ◽  
Criminological Analysis

AbstractThe “no means no” model has been applied in Germany since November 10, 2016. Its introduction has considerably extended the scope of criminalized forms of sexual interaction. This Article examines the criminal policy discourse that gave rise to it and the question of whether the new provisions have led to the changes in the practices of criminal prosecution proclaimed in advance. The results will be critically assessed. The new legislation relating to sexual offenses was also shaped on the initiative of groups perceiving themselves as emancipatory, and in the understanding of these groups, the “no means no” provision acts as “progressive” criminalization. Yet, aside from the fact that the associated expectations have hardly been met as of yet, this movement would have to resolve an essential question: Is penal law compatible with a “progressive” social policy they claim to stand for at all, and if so, what conditions does it have to meet?

scholarly journals Dutch judicial entrepreneurship towards legitimizing intellectual property rights

2020 ◽  
Vol 27 (5) ◽  
pp. 684-694
Author(s):  
Krishnamani Jayaraman
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Law ◽  
European Union Law ◽  
Economic Interests ◽  
Property System ◽  
The Hague ◽  
Legal Concepts ◽  
Court Of Appeal

In its recent judgment in the Sisvel v. Xiaomi case, the Court of Appeal of the Hague has demonstrated how European national legal systems and judiciary therein strive to uphold legitimacy of the intellectual property system. Involving dimensions of both substantive patent law and competition law, the case emphasized proportionality etched in European Union law to determine the legitimate cohesive balance for stakeholder economic interests in the protection, enforcement and use of intellectual property rights. This case note documents the salient features of the judgment and further comments on striking legal concepts that marked the case.

scholarly journals A review on volleyball injuries

2017 ◽  
Vol 10 (19) ◽  
pp. 189-194
Author(s):  
Hans-Eric Reitmayer
Keyword(s):  
Team Sports ◽  
Physical Contact ◽  
Injury Incidence ◽  
Prevention Measures ◽  
Anatomic Site ◽  
Important Place ◽  
Online Databases ◽  
Training Plan ◽  
Limb Injuries ◽  
Depth Analysis

Abstract Introduction: Unlike other team sports on the court, volleyball lacks physical contact between players, the teams being separated by the net. However, lower limb injuries take place during spiking and blocking trough unintentional and illegal intrusion of a player in the opponent’s court. Due to the specificity of the game, the joints of the upper limbs are also subject to overload. The purpose of this study is to analyze the international literature on injury and trauma in performance volleyball. Methods: We analysed several studies about injuries in performance volleyballwhich were identified using online databases: Google Scholar, EBSCO, Springer, Elsevier, and Scopus. Results: The injury patternshows the ankle sprain as being by far the most common injury in volleyball with a percentage of 31.9%. The knee is the second most injured anatomic site, 17.38% of injuries affecting this joint. Third most frequent injury affects the fingers 13.44%, followed by lower back 12,38% andshoulder trauma 12.18%. The hand is injured in 6.97%, while other injuries were found in 5.25% of cases. Conclusions: The need for in depth analysis of volleyball injuries still persists. Analysing the literature we are comming to understand the mechanisms that produce the injuries with the purpose of finding metods to avoid these unfortunate events before they happen. It is no longer enough to recover from an injury, it must be prevented entirely if possible. Time spent by a player recovering may negatively affect the team's performance. Injury prevention measures must occupy an important place in training. Coaches should take into acount all the factors that influence injury incidence and design the training plan accordingly.

scholarly journals Penyelesaian Perkara Anak yang Berhadapan dengan Hukum Menurut Undang-Undang No. 11 Tahun 2012

2020 ◽  
Vol 2 (2) ◽  
pp. 291-311
Author(s):  
Rachmawati Rachmawati
Keyword(s):  
Restorative Justice ◽  
Equal Opportunity ◽  
Descriptive Analysis ◽  
Individual Responsibility ◽  
Inductive Method ◽  
Criminal Prosecution ◽  
Rights Of The Child ◽  
Library Research ◽  
Penal Law ◽  
The Law

The repressive juvenile justice paradigm has begun to be abandoned and replaced by the concept of solving a child criminal case with a restorative concept that views all parties, perpetrators, victims, and communities having equal opportunity to resolve conflicts caused by a crime. The restorative concept is in conformity with the conventions agreed upon by countries in the world in the Convention on the rights of the child in 1990 with international instruments including Beijing Rule dated 29 November 1985. The study of the crime against children in Islam has existed before the rule of the child in the ancient conventional low. The objective of punishment in Islam is not only to recognize the retributive objectives as the main objective in criminal prosecution but also to recognize other objectives such as the rehabilitation of the perpetrator and also the restorative between the perpetrator and the victim. Here is the interesting thing that will be studied comprehensively related Maqasid Al Syari’ah in applying restorative justice especially in case of child face to law. See the complexity that accompanied restorative justice in children facing the law, the authors are interested to examine the settlement of lawsuits children in accordance with the law no 11 of 2012 analysis Maqasid Al syari’ah this research is library research, descriptive analysis and analyze data qualitative with inductive method. The approach used is normative juridical, by looking at restorative justice in the penal law of Indonesia, this research aims to know the value of Maqasid Al Syari’ah in process of settlement of child crime case and examining view of Islam law to restorative justice value contained in law no 11 of 2012. After the research, it can be conclude that the application of restorative justice has long been adopted in the Islamic legal system, precisely on qiyas-diyat criminal acts. In the context of children, the application of restorative justice is more accommodated, given the urgency and for the benefit of the child as the nation’s successor. Whereas in viewing restorative justice in the SPPA act indicates the existence of reconciliation effort of forgiveness, correction of relationship, there is also structural responsibility as balancing individual responsibility, all of which obviously accommodated in the purpose of punishment Al-isti’adah.

scholarly journals Practice of community-service doctors in the assessment and medico-legal documentation of common physical assault cases

2018 ◽  
Vol 60 (1) ◽  
pp. 47
Author(s):  
L Fouché ◽  
J Bezuidenhout ◽  
C Liebenberg ◽  
A O Adefuye
Keyword(s):  
Community Service ◽  
Forensic Medicine ◽  
Medical Practitioner ◽  
Physical Assault ◽  
Criminal Prosecution ◽  
Clinical Forensic Medicine ◽  
Undergraduate Medical Students ◽  
Cross Sectional ◽  
Medical Practitioners ◽  
Survey Tool

Background: In South Africa, allegations of physical assault are managed primarily at the primary healthcare level, where they are attended to by medical officers or community service doctors (CSDs). However, reports that the knowledge and skills provided at undergraduate level are not sufficient to equip these CSDs to deal with evidence in medico-legal examinations in various settings, including in cases of patients who allege being the victims of common physical assault or assault with intent to inflict grievous bodily harm, have been documented in the literature. This study investigates the practice of CSDs in relation to the assessment and medico-legal documentation of allegations of common assault, with a view to identifying gaps in their knowledge of clinical forensic medicine. Method: The study was a cross-sectional descriptive study. A questionnaire with quantitative sections that used an adapted Likert scale was used to gather data. An electronic survey tool was employed to target 150 CSDs countrywide. Percentages are used to display results. Results: A response rate of 59.3% was achieved and results indicate that clinical forensic training in the undergraduate medical programme does not prepare CSDs sufficiently for the task of managing the medico-legal examination and documentation of allegations of assault by patients. Conclusions: The courts rely heavily on medico-legal documentation for success in criminal prosecution. Any substantial flaw in the documentation, including inadequate observations and/or notes made by a medical practitioner, may make proving guilt very difficult. This study revealed an important gap in the knowledge and practice of clinical forensic medicine by CSDs and suggests that the current curriculum should be adapted to allow adequate training of undergraduate medical students in the area of clinical forensic medicine. Appropriate undergraduate training will ensure that medico-legal documentation is completed accurately and that medical practitioners help ensure the administration of justice. (Full text of the research articles are available online at www.medpharm.tandfonline.com/ojfp) S Afr Fam Pract 2018; DOI: 10.1080/20786190.2017.1364014

scholarly journals ANALISIS YURIDIS PENERAPAN KONSEP LEX SPESIALIS SISTEMATIS PADA PENEGAKAN HUKUM TINDAK PIDANA KORUPSI DI BIDANG PERTAMBANGAN DIKAITKAN DENGAN AJARAN PERBARENGAN (CONCURSUS IDEALIS) DALAM HUKUM PIDANA

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Tjahyo Kusumo
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Point Of View ◽  
Legal Certainty ◽  
Criminal Cases ◽  
Mining Sector ◽  
Criminal Sanctions ◽  
Legal Implications ◽  
Penal Law ◽  
The One

ABSTRAKPerkembangan dan pembaharuan hukum pidana sudah meningkat dengan adanya penerapan penggabungan hukum dalam penyelesaian kasus tindak pidana. Perumusan masalah:Bagaimana penerapan konsep lex spesialis sistematis pada penegakan hukum tindak pidana korupsi di bidang Pertambangan Dikaitkan Dengan Ajaran Perbarengan Dalam Hukum Pidana? Bagaimana kepastian hukum penerapan konsep lex spesialis sistematis pada penegakan hukum tindak pidana korupsi di bidang Pertambangan dari sudut pandang keadilan ? Bagaimana implikasi hukum penerapan konsep lex spesialis sistematis pada penegakan hukum tindak pidana korupsi di bidang Pertambangan dalam pembaharuan hukum pidana?Tujuan Penelitian Untuk menjelaskan penerapan konsep lex spesialis systematis pada penegakan hukum tindak pidana korupsi di bidang Pertambangan Dikaitkan Dengan Ajaran Perbarengan Dalam Hukum Pidana Untuk menjelaskan kepastian hukum penerapan konsep lex spesialis systematis pada penegakan hukum tindak pidana korupsi di bidang Pertambangan dari sudut pandang keadilan.Untuk menjelaskan implikasi hukum penerapan konsep lex spesialis systematis pada penegakan hukum tindak pidana korupsi di bidang Pertambangan dalam pembaharuan hukum pidana Jenis penelitian hukumnya adalah secara normatif . Kesimpulan Penerapan konsep lex spesialis sistematis pada penegakan hukum tindak pidana korupsi di bidang Pertambangan Dikaitkan Dengan Ajaran Perbarengan Dalam Hukum Pidana terdapat dalam beberapa dakwaan yang terhadap terdakwa yang diperiksa pada persidangan. Hal ini dapat dilihat pada contoh kasus putusan Nomor: 16/Pid.Sus-PK/2018/PT.DKI dengan kronologinya: Terdakwa Nur Alam selaku Gubernur Sulawesi Tenggara didakwa sebagai yang melakukan, menyuruh melakukan perbuatan yang secara melawan hukum melakukan perbuatan memperkaya diri sendiri atau orangt lain atau suatu korporasi yang merugikan keuangan Negara atau perekonomian Negara. Kepastian hukum penerapan konsep lex spesialis systematis pada penegakan hukum tindak pidana korupsi di bidang Pertambangan dari sudut pandang keadilan yaitu bahwa Kebijakan hukum pidana melalui implementasi asas kekhususan sistematis (systematische specialiteit) merupakan upaya penting dalam harmonisasi dan sinkronisasi antar undang-undang yang terkandung sanksi pidana didalamnya, baik itu yang bersifat pure criminal act ataupun hukum pidana administrasi (administrative penal law). Asas kekhususan sistematis terdapat pada pasal 14 UU Tipikor. Interpretasi terhadap pasal ini tidak seragam sehingga seringkali mengakibatkan terjadinya kriminalisasi kebijakan pejabat. Sehingga masih belum mencapai keadilan. Implikasi hukum penerapan konsep lex spesialis sistematis pada penegakan hukum tindak pidana korupsi di bidang Pertambangan dalam pembaharuan hukum pidana bahwa penegak hukum, JPU dan hakim,baik di tingkat pertama, banding, maupun kasasi, dalam menyikapi perkara pidana yang mempertemukan dua ketentuan hukum pidana khusus secara sistematis.ABSTRACTThe development and renewal of criminal law has increased with the application of the incorporation of law in the resolution of criminal cases. Formulation of the problem: How is the application of the concept of a systematic lex specialist on law enforcement of criminal acts of corruption in the field of Mining Associated with the Doctrine of Reform in Criminal Law? What is the legal certainty of the application of the concept of a systematic lex specialist on law enforcement for criminal acts of corruption in the Mining field from the point of view of justice? What are the legal implications of applying the concept of a systematic lex specialist to law enforcement for corruption in the field of Mining in the renewal of criminal law?Research Objectives To explain the application of the concept of systematic lex specialists in law enforcement for corruption in the Mining field Attributed to the Doctrine of Reform in Criminal Law To explain the legal certainty of the application of the concept of systemic specialist lex in law enforcement for corruption in the mining field from the perspective of justice. legal implications of the application of the concept of systematic specialist lex in law enforcement for criminal acts of corruption in the field of Mining in the renewal of criminal law The type of legal research is normative.Conclusion The application of the concept of systematic lex specialists to law enforcement of criminal acts of corruption in the field of Mining Associated with the Doctrine of Collaboration in Criminal Law is contained in a number of charges against the defendants examined at trial. This can be seen in the example of case ruling Number: 16 / Pid.Sus-PK / 2018 / PT.DKI with its chronology: Defendant Nur Alam as the Governor of Southeast Sulawesi was charged as the one who committed, ordered to do an act that unlawfully commits an act of enriching oneself or any other person or corporation that is detrimental to the State's finances or the State's economy. Legal certainty The application of the concept of systematic specialist lex to law enforcement of corruption in the mining sector from the perspective of justice is that the criminal law policy through the implementation of the principle of systematic specificity (systematische specialiteit) is an important effort in the harmonization and synchronization between the laws contained in criminal sanctions therein , both those that are pure criminal act or administrative criminal law. The principle of systematic specificity is found in article 14 of the Corruption Law. The interpretation of this article is not uniform so it often results in the criminalization of official policies. So it still hasn't reached justice. Legal implications of the application of the concept of a systematic lex specialist on law enforcement for criminal acts of corruption in the Mining sector in the renewal of criminal law that law enforcement, prosecutors and judges, both at the first level, appeals, and cassation, in addressing criminal cases that bring together two specific criminal law provisions systematic.

scholarly journals Grounds and Criteria for Criminalization of Sexual Harassment in Labor Relations

Lex Russica ◽  
2019 ◽  
pp. 161-174
Author(s):  
M. V. Arzamastsev
Keyword(s):  
Sexual Harassment ◽  
Criminal Law ◽  
Deviant Behavior ◽  
Labor Relations ◽  
Negative Impact ◽  
Physical Contact ◽  
Criminal Prosecution ◽  
Administrative Punishment ◽  
The Individual ◽  
Relative Prevalence

Sexual harassment in the workplace has now become a significant social problem and, as a result, criminal legislation in many countries has included provisions prohibiting it. In our country, despite the change in moral standards of permitted forms of sexual behavior, the legislator has not yet implemented the requirements of the Council of Europe Convention On preventing and combating violence against women and domestic violence (CETS No. 210) (Istanbul Convention). The existing system of criminal law prohibitions does not effectively protect the individual from sexual harassment committed in the sphere of labor relations. Among the varieties of such acts not prohibited by the criminal law the author names the inducement to the actions of a sexual nature (associated with not the use of service dependencies, but regular contacts within the framework of labor relations); physical contact (touch), not conditioned by the nature or content of work, while not forming signs of sexual assault and causing physical pain; verbal or nonverbal abuse of a sexual nature; sexual harassment (harassment); other mental effects of a sexual nature. As shown by the analysis, these forms of deviant behavior has sufficient social danger, and the relative prevalence for their criminalization. The minimum harm from sexual harassment in the workplace is the negative impact on the psyche of the victim (both women and men), the degree of such impact due to the long-term nature of the labor realtions also becomes quite significant. In order to prevent excessive criminalization and reduce the risk of unjustified criminal prosecution, it is proposed to introduce a ban with the so called administrative prejudice, which implies the incurrence of administrative responsibility for sexual harassment in the workplace, and incurrence of criminal one — only for repeated actions of a person previously subjected to administrative punishment.

scholarly journals Medical education too: sexual harassment within the educational context of medicine – insights from undergraduates

2020 ◽  
Author(s):  
Eva Schoenefeld ◽  
Bernhard Marschall ◽  
Berit Paul ◽  
Helmut Ahrens ◽  
Janina Sensmeier ◽  
...  
Keyword(s):  
Medical Students ◽  
Sexual Harassment ◽  
Medical School ◽  
Online Survey ◽  
Task Force ◽  
Univariate Analysis ◽  
Physical Contact ◽  
Categorical Variables ◽  
Physical Assault ◽  
Online Questionnaire

Abstract Background: Assessment of the presence and characteristics of sexual harassment in academic medicine is of global and increasing issue. Only limited data on the German situation are available so far.Methods: To assess the extent of sexual harassment and to identify persons involved an online survey was conducted in the student population of the medical school of Münster, Germany. A questionnaire was sent digitally via lock box after translation into German. Data were analyzed by descriptive statistical methods such as categorical variables. Baseline characteristics, e.g. answers by male or female medical students, were correlated with their individual experiences and perpetrator groups by means of univariate analysis. The anonymous online questionnaire was sent to all medical undergraduates at Münster Medical School between 1st October and the 30th November 2018.Results: A total of 2162 medical students were asked to participate: 623 (28.8%) completed the survey. Sexual harassment is a significant issue among medical students at Münster. About 87.6% of those being victim of some form of verbal and /or physical assault were female; the majority by patients, followed by superiors and less frequently by colleagues. All students who had experiences with forced physical contact were females (100%). 58.9% of undergraduates were exposed to sexually harassing behaviour. 41.3% of those suffered from verbal and 31.8% from physical assaults, respectively. 8.5% of them faced forced physical contact. Perpetrators were mostly male superiors and male patients.Conclusions: Sexual harassment within medical educational field and working place exist in a huge German medical school and interventions are actually established by an independent voluntary task force to increase communication, reflection and instill prevention measure.

Victim Rights in Civil Law Jurisdictions

2019 ◽  
pp. 266-288
Author(s):  
Johanna Göhler
Keyword(s):  
Decision Making ◽  
European Union ◽  
Theoretical Foundation ◽  
Civil Law ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Bodily Integrity ◽  
European Union Law ◽  
The Right ◽  
Procedural Rights

This chapter discusses the issue of victim rights in criminal justice processes in civil law jurisdictions, using supranationally applicable European Union law on victim rights as well as examples from domestic jurisdictions. It first considers the right of a victim to be informed about all rights and services in the context of a crime and how he/she can realize these rights before analyzing the obligation of states to protect the victim’s interests in privacy, bodily integrity, life, liberty, and security. It then explains procedural rights allowing the victim to actively participate and influence decision-making in criminal proceedings, the normative and theoretical foundation of a victim’s right to criminal prosecution and punishment, and a victim’s right to a review of a decision not to prosecute. It also examines how the victim’s role in criminal proceedings is conceived, and concludes with an overview of the concept of parallel justice for victims.

Informed Consent and Psychotherapy: The Travails of Consistency (Part I)

2006 ◽  
Vol 3 (1) ◽  
Author(s):  
Kartina A Choong
Keyword(s):  
Health Care ◽  
Informed Consent ◽  
Medical Model ◽  
Self Determination ◽  
Physical Contact ◽  
Bodily Integrity ◽  
Therapeutic Modalities ◽  
Consistent Feature ◽  
The One ◽  
Do So

AbstractThe ascendancy of psychological therapy over the last few decades has been phenomenal. During this period, the health care scene has witnessed the continuous proliferation of distinct therapeutic modalities and a marked increase in the demand for psychotherapeutic services. In response, there is now a growing concern as to whether clients who enter therapy do so on an adequately informed basis both as to the range of treatment on offer and what they entail. One movement in this direction has been to call for the adoption of the doctrine of informed consent in this realm. This paper questions the viability of this move. By retracing the doctrine's development to its conception at the dawn of the twentieth century, it will be shown that although the law has undergone three major changes since then, the ‘patient's right to self-determination’ remains the one consistent feature that runs through the doctrine's history and that now, as then, this principle relates primarily to the patient's interest in his bodily integrity. This paper argues that not only are the factors which gave rise to the notion of informed consent peculiar to the medical model, but since psychotherapy does not characteristically involve physical contact, the current law's consequent emphasis on risks-disclosure and freedom from unauthorized bodily intrusions are also generally incompatible with the ethos and reality of psychotherapeutic practice.

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