• Title/Summary/Keyword: 범죄피해자

Search Result 112, Processing Time 0.018 seconds

Analytical Review of the Forensic Anthropological Techniques for Stature Estimation in Korea (한국에서 사용되는 법의인류학적 키 추정 방법에 대한 제언)

  • Jeong, Yangseung;Woo, Eun Jin
    • Anatomy & Biological Anthropology
    • /
    • v.31 no.4
    • /
    • pp.121-131
    • /
    • 2018
  • Stature is one of the unique biological properties of a person, which can be used for identification of the individual. In this regard, statures are estimated for the unknown victims from crimes and disasters. However, the accuracy of estimates may be compromised by inappropriate methodologies and/or practices of stature estimation. Discussed in this study are the methodological issues related to the current practices of forensic anthropological stature estimation in Korea, followed by suggestions to enhance the accuracy of the stature estimates. Summaries of forensic anthropological examinations for 560 skeletal remains, which were conducted at the National Forensic Service (NFS), were reviewed. Mr. Yoo Byung-eun's case is utilized as an example of the NFS's practices. To estimate Mr. Yoo's stature, Trotter's (1970) femur equation was applied even though the fibula equation of a lower standard error was available. In his case report, the standard error associated with the equation (${\pm}3.8cm$) was interpreted as an 'error range', which gave a hasty impression that the prediction interval is that narrow. Also, stature shrinkage by aging was not considered, so the estimated stature in Mr. Yoo's case report should be regarded as his maximum living stature, rather than his stature-at-death. Lastly, applying Trotter's (1970) White female equations to Korean female remains is likely to underestimate their statures. The anatomical method will enhance the accuracy of stature estimates. However, in cases that the anatomical method is not feasible, the mathematical method based on Korean samples should be considered. Since 1980's, effort has been made to generate stature estimation equations using Korean samples. Applying the equations based on Korean samples to Korean skeletal remains will enhance the accuracy of the stature estimates, which will eventually increase the likelihood of successful identification of the unknowns.

A Study on the Liability of Artificial Person(Natural Persons) with a Disregard of the Corporate Fiction in ESG (ESG측면에서의 법인격 부인과 법인관계인(자연인)의 책임에 관한 연구)

  • Kim, Dong-han;Kwon, Yong-man
    • Journal of Venture Innovation
    • /
    • v.4 no.3
    • /
    • pp.141-150
    • /
    • 2021
  • Although management decisions centered on the board of directors and directors must be made in order to effectively promote ESG management, the company's management is not obligated to make decisions considering ESG factors. A Korean corporation(company) is an established organization for commercial or other profit, and the purpose of treating a legal organization as a corporation is to easily handle the legal relationship of a group (corporate's property) and individual property of a group member, but legal person such as rights to "harm public rights" or "defend fraud". Criminal liability for illegal acts of a corporation, but the liability of a corporation (natural person) for illegal acts of a corporation is recognized within a limited range, but the criminal liability of a corporation (natural person) is limited. As the social responsibility of a corporation is great, limiting the responsibility of a corporation-related person (natural person) to civil responsibility will halve its effectiveness if considering the impact on the corporation's national economy. Objective requirements such as the completeness of control, hybridization of property, infringement of creditors' rights, and small-capitalization, and the subjective intention of abusing the company system to avoid legal application to controlling shareholders should be denied. Despite the increasing influence on corporate society, such as large-scale projects and astronomical business profits, corporate officials (natural persons) are forced to be held liable for negligence and intentional liability within a limited range. In such cases, it is necessary to introduce criminal responsibility separately from civil responsibility to legal persons (natural persons) in consideration of the maturity of capitalism in Korean society and the economic status of the world. In Korea, the requirements for recognition of corporate denial are strict, but the United States says that it is sufficient to have control or fraud. Therefore, it is not about civil responsibility, but about criminal responsibility of a legal person (natural person), so if fraud is recognized, it can strengthen the corporate social responsibility.