• Title/Summary/Keyword: 범죄행위

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A Comparison of the Characteristics of Maritally Violent Men in a Community Sample and Batterers in the Criminal Justice System (지역사회의 폭력남편과 가정폭력범죄 행위자들의 특성 비교)

  • Chang, Hee-Suk
    • Korean Journal of Social Welfare
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    • v.58 no.4
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    • pp.141-168
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    • 2006
  • The present study explored and compared the risk factors of two subtypes of maritally violent men with those of a nonviolent comparison group. One type of batterers consisted of a community sample, and the other was sought from the criminal justice system. The identities of the male community batterers were not exposed to the society since their victims did not contact any of the social service agents related to domestic violence. To identify the different characteristics associated with two subtypes of woman abusers, a total of 152 nonviolent men, 82 male community batterers, and 336 offenders in a criminal justice system were considered. The results of the descriptive analysis showed that the level of physical violence of the community batterers was two times lower than that of the batterers who received legal punishments. The results of the multinominal logistic regression were as follows: (1) The variables that distinguished the male community batterers from the nonviolent men were the use of physical violence towards children, marital decision power, and income. (2) Four factors had been found to distinguish batterers in the criminal justice system from nonbatterers, namely: attitudes towards woman battering, education, violence towards children, and level of jealousy. (3) The community batterers showed a higher level of education and of stress as well as a longer period of marital relationship compared to the batterers in the criminal justice system. On the other hand, the batterers who received legal punishments had more severe alcohol problems and had an accepting attitude towards the use of violence. This study also investigated psychopathology among batterers using MCMI-III, based on 333 subjects. In terms of the mean scores, there were no subscales associated with personality pathology in all the male groups. Based on the logit model, the community batterers showed a stronger tendency towards having a passive-aggressive personality than did their counterparts, and they recorded a higher level of narcissism compared to the court-referred battering men. Post-traumatic stress was the only symptom that distinguished the batterers who received legal punishments from the other groups. The theoretical and practical implications of these results were pointed out and discussed in the paper.

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A Test of Situational Action Theory for Explaining the Moderating Effect of Self-Control and Deterrence in Digital Piracy: Comparing Download with Upload Behavior (디지털 저작권침해 행위에서 상황행위이론의 적용을 통한 자기통제와 처벌억제의 조절효과: 다운로드와 업로드 행위의 비교)

  • Lee, Seong-Sik;Jang, Ha-Young;Lim, Su-Kyung
    • Journal of Digital Convergence
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    • v.19 no.4
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    • pp.9-17
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    • 2021
  • This study test a situational action theory for explaining online download and upload digital piracy and examines the moderating effect of self-control and punishment. Then it tests the moderating effect of self-control in high morality and low moral rule environments and tests the moderating effect of perceived punishment in low morality and high moral rule environments. Using data from 317 college students in Seoul, In case of download, results show that self-control does not control the effects of high morality and low moral rule on it. In addition, it is found that perceived punishment does not control the effects of low morality and high moral rule on it. In case of upload, results show that self-control does not control but increase the effects of high morality and low moral rule on it, while perceived punishment controls the effects of high morality and low moral rule on it.

Extending the Scope of License Restrictions for Medical Personnel and Limiting Fundamental Rights - Focusing on the Revision of the Medical Law - (의료인의 면허제한 범위 확대와 기본권 제한 -의료법 개정안을 중심으로-)

  • Kwon, Ohtak
    • The Korean Society of Law and Medicine
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    • v.22 no.3
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    • pp.3-30
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    • 2021
  • Reasons for disqualification to restrict a medical person's license should be considered in functional and moral terms. In this sense, the grounds for disqualification of medical personnel should be expanded to include all crimes that have been declared to be "imprisonment without labor or greater punishment" by a court. Because a sentence of "imprisonment without labor or greater punishment" means that it is highly reprehensible and undermines the trust of the state as well as the trust in medical personnel. Therefore, the expansion of the scope of license restrictions for medical personnel cannot be regarded as a violation of "the Less Restrictive Alternative" rule. However, it is necessary to reflect the specificity of medical services in the license restrictions of medical personnel. This is because not all diseases can be treated with current medical services. In addition, unpredictable situations can occur at any time during medical practice. Consequently, the negligence that occurs during medical practice should be carefully examined from a functional perspective of the medical personnel. And it should be treated differently from ordinary crimes. To this end, an independent license review organization should be established to establish expertise in license management.

Validation of the Korean Version of Free Will and Determinism Scale (FAD-Plus) using Confirmatory Factor Analysis - The Relationship Between Belief in Free Will and Correspondence Bias - (확인적 요인분석을 통한 한국판 자유의지와 결정론 척도(FAD-Plus)의 타당화 - 자유의지에 대한 믿음과 귀인편향의 관계 -)

  • Ahn, Jaekyung;Han, Sanghoon;Choi, Yimoon
    • Korean Journal of Forensic Psychology
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    • v.12 no.1
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    • pp.35-51
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    • 2021
  • People's belief in free will is important in determining the causes and responsibilities of human behavior. Over the past decades, there has been debate about belief in free will in the fields of neuroscience, philosophy, ethics, and criminal law. The Free Will and Determinism Scale (FAD-Plus; Paulhus & Carey, 2011) is a test tool that measures the components related to the belief in an individual's free will. This study conducted a confirmatory factor analysis of 1,000 ordinary people of various age groups and socio-economic backgrounds based on previous studies that conducted an exploratory factor analysis (Study 1). The author has secured the reliability and validity of a number of measures. Furthermore, it was examined how the sub-item of the FAD-Plus scale, 'belief in free will,' was related to correspondence bias and locus of control (Study 2). As a result of analyzing a total of 83 subjects, high belief in free will had a positive correlation with punishment judgment for negative behavior and internal attribution, but there was no significant relationship in reward judgment for positive behavior. Based on the study results, it was proven that the FAD-Plus is valid for the general public as well, and the relationship between belief in free will, attribution bias, locus of control and behavior judgment was examined. The limitations of this study, policy implications, and research directions are discussed.

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Dynamic Evaluation Methods for SMS Phishing Blocking App Based on Detection Setup Function (감지설정기능을 적용한 스미싱 차단앱의 동적 평가방법에 관한 연구)

  • Kim, Jang Il;Kim, Myung Gwan;Kwon, Young Man;Jung, Yong Gyu
    • Journal of Service Research and Studies
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    • v.5 no.2
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    • pp.111-118
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    • 2015
  • Although the development of mobile devices are made us a free life, they were displayed the subject of this financial crime and attacking forces in the other side. Among finance-related crime is become a serious crime that are targeting smartphones by SMS phishing, phishing, pharming, voice phishing etc. In particular, SMS phishing is increased according to phenomenon using the nature of a text message in the mobile. SMS phishing is become new crime due to the burden to the smartphone user. Their crime is also the advanced way from the existing fraud, such as making the malicious apps. Especially it generates loopholes in the law by a method such as using a foreign server. For safe from SMS phishing attacks, proactive pre-diagnosis is even more important rather than post responses. It is necessary to deploy blocking programs for detecting SMS phishing attacks in advance to do this. In this paper we are investigating the process of block types and block apps that are currently deployed and presenting the evaluation of the application of the detection block setting app.

The Need for Modernization of the Tokyo Convention(1963) on the Issue of Unruly Passengers and the Inadequacy of Korean Domestic Legal Approaches (기내 난동승객관련 도쿄협약의 개정필요성과 한국국내법적 접근의 한계)

  • Bae, Jong-In;Lee, Jae-Woon
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.1
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    • pp.3-27
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    • 2012
  • Although aviation safety and security have been improving, which has made air transportation more reliable, the international aviation community has witnessed a steady increase in the number of unruly passenger incidents. Under international law, the Tokyo Convention (The Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963) is applicable to unruly passenger issues. While the Tokyo Convention has been a successful convention which 185 member states have ratified, it has its shortcomings. Three major shortcomings are related to definition, jurisdiction, and enforcement. Firstly, the Tokyo Convention does not provide for a definition of unruly passengers, thereby resulting in a situation where conduct that may be considered to be a criminal offence in the country of embarkation may not be a criminal offence in the country where the aircraft lands. Having different definitions may lead to ineffective action on the part of air carriers. Secondly, the fact that the state of landing does not bear jurisdiction produces circumstances in which it is impossible to punish an unruly passenger who clearly committed an offence on board. Thirdly, the Tokyo Convention only recognizes the competence of the state of registry to exercise criminal jurisdiction but does not impose the duty to actually use that competence in any specific case. Along with ratifying the Tokyo Convention, Korea enacted the Aviation Navigation Safety Act in 1974 as a domestic legal approach to dealing with the problem of unruly passengers. Partially reflecting the ICAO's model legislation, Circular 288, the Aviation Safety and Security Act was enacted in 2002. Although the Korean Aviation Safety and Security Act is a comprehensive act which has been constantly updated, there is no provision with respect to jurisdiction and only the Korean criminal code is applicable to jurisdiction. The Korean criminal code establishes its jurisdiction in connection with territoriality, nationality and registration, which is essentially the same as the jurisdictional principles of the Tokyo Convention. Thus, the domestic legal regime cannot close the jurisdictional gap either. Similarly, Korean case law would not take an active posture to jurisdiction unless the offence in question is a serious one, such as hijacking. A Special Sub Committee of the ICAO Legal Committee (LCSC) was established to examine the feasibility of introducing amendments to the Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963 with particular reference to the issue of unruly passengers. The result of the ICAO's findings should lead to the modernization of the Tokyo Convention, thereby reducing the number of incidents caused by unruly passengers and enabling all parties concerned to respond to unruly passengers more effectively.

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Fuzzy Expert System for Detecting Anti-Forensic Activities (안티 포렌식 행위 탐지를 위한 퍼지 전문가 시스템)

  • Kim, Se-Ryoung;Kim, Huy-Kang
    • Journal of Internet Computing and Services
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    • v.12 no.5
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    • pp.47-61
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    • 2011
  • Recently, the importance of digital forensic has been magnified because of the dramatic increase of cyber crimes and the increasing complexity of the investigation of target systems such as PCs, servers, and database systems. Moreover, some systems have to be investigated with live forensic techniques. However, even though live forensic techniques have been improved, they are still vulnerable to anti-forensic activities when the target systems are remotely accessible by criminals or their accomplices. To solve this problem, we first suggest a layer-based model and the anti-forensic scenarios which can actually be applicable to each layer. Our suggested model, the Anti-Forensic Activites layer-based model, has 5 layers - the physical layer, network layer, OS layer, database application layer and data layer. Each layer has possible anti-forensic scenarios with detailed commands. Second, we propose a fuzzy expert system for effectively detecting anti-forensic activities. Some anti-forensic activities are hardly distinguished from normal activities. So, we use fuzzy logic for handling ambiguous data. We make rule sets with extracted commands and their arguments from pre-defined scenarios and the fuzzy expert system learns the rule sets. With this system, we can detect anti-forensic activities in real time when performing live forensic.

Dectection of Insurance Fraud using Visualization Data Mining Tool (Visualization Data Mining Tool을 활용한 보험사기 적발)

  • Sung, Tae-Kyung
    • Information Systems Review
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    • v.5 no.1
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    • pp.49-60
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    • 2003
  • The purpose of this study is to empirically and practically verify the applicability of visualization data mining tool in detecting real-word insurance frauds that are now emerged as one of the most serious problems socially and economically. For the verification, Analyst's Notebook by i2, which has been known as the most effective visualization data mining tool, was adopted. With Analyst's Notebook, fraud-probable insurance transactions from a very large insurance claims are selected and then substantiation for insurance frauds are attempted. The results show that Analyst's Notebook not only detects insurance fraud transactions from a vast number of insurance claims, but is also able to pinpoint organized crime group by associating one fraud transaction to another fraud transaction. Therefore, it is safe to conclude that visualization data mining is very effective in detecting false transactions and crime behaviors including insurance fraud.

The Maltreated Runaway.Juvenile Delinquent Situation and the Police Assistance Policy (아동학대로 인한 가출.비행 청소년의 현상과 경찰의 조력 방안)

  • Park, Eun-Min
    • The Journal of the Korea Contents Association
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    • v.9 no.11
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    • pp.316-324
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    • 2009
  • Child abuse is becoming the cause of runaway young people and is related with the criminal act and the misconduct occurrence. Seriously, the social problem which raises is that the abused child has become the adult, again the children of oneself will abuse again. On the based of the research, this study reviewed the concept of the child abused, the type of the child abused, the theoretical approach of the runaway and juvenile delinquent. The runaway youth compare to the general youth that the abused child was significant p<.05. Base on the data the police officer reviewed the assistance for the abused child.

Situation Analysis and Education Plan of Security Ethics for Training College Students Majoring in Information Security (정보보안전공 대학생을 위한 보안 윤리의식 분석 및 교육 방안)

  • Kim, Tae-Hee
    • The Journal of the Korea Contents Association
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    • v.17 no.4
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    • pp.596-605
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    • 2017
  • Recently, it has been pointed out that the lack of professional ethics of computer and security experts is serious as college students majoring in information security and insiders who are in charge of security work are involved in crimes after being tempted to cyber crimes. In this paper, we investigate and analyze the security ethics awareness and education situation of college students majoring in information security, and examine the security ethics education method for human resource development with personality and qualities. As the information society becomes more widespread, the ethics and occupational consciousness of the university students who are majoring in information security are recognized as lack of awareness and education about security ethics, As a solution to solve these problems, it is expected that it will be possible to nurture security experts who are aware of their vocation through the educational plan to enhance the security ethics of the information security major college students. According to the security ethics education system proposed in the paper, the security ethical consciousness of the group that received education was remarkably improved.