• Title/Summary/Keyword: 범죄행위

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Artifacts Analysis of Users Behavior in Korea Random Chat Application (국내 랜덤 챗 어플리케이션에서 사용자의 행위에 따른 아티팩트 분석)

  • Seo, Seunghee;Nam, Gihoon;Kim, Yeog;Lee, Changhoon
    • Journal of Digital Forensics
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    • v.12 no.3
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    • pp.1-8
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    • 2018
  • A random chat application is a type of social dating application that helps people find a lover or spouse by randomly connecting and providing services such as text, voice and video chat. Recently, there has been globally a rapid increase in its use due to the fact that it provides people to quick and convenient encounters at low cost. However, it is used as one of method to prostitute or to trade drugs and become a cause of violent crimes due to various criminal occurring after actual meeting between app users. For this reason, a random chat application is likely to provide proof of prostitution or drug trade and clues to arrest rape, kidnapping and murder suspects. Thus, it is necessary to analyse random chat applications from the viewpoint of digital forensics investigation, but there is no related research at all. Therefore, in this paper, we analyzed artifacts of 6 Korea random chat application's user behaviors; Ranchat, AngTalk, SsumgThing, DaTalk, EveryTalk and Sail. As a result, we found that it is remain on mobile device that time and contents of message transmission/reception, sender/receiver, friend profile and user account creation time when user is using the applications.

Determination of Alcohol Blackout and Insanity in the Sexual Crimes - Focus on the Supreme Court on 2018-Do-9781 Sentenced on Feb 4, 2021 - (성범죄에 있어서 알코올 블랙아웃과 심신상실의 판단 -대법원 2021. 2. 4. 선고 2018도9781 판결을 중심으로-)

  • Kim Doo Sang
    • The Korean Society of Law and Medicine
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    • v.23 no.4
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    • pp.103-131
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    • 2022
  • 2021, the Supreme Court recognized the foundation of the quasi-indecent act by force by the concept of 'alcohol blackout' although there were multiple situations that it was hard to judge insanity of the victims was evident in the cases with drunken victims. This means the consideration of insanity state due to temporary false memory rather than the total loss of mental capacity from the existing concept of insanity. However, the interpretation of insanity in the criminal law has to be strict and its application could be difficult. In particular, the comparison precedent which is very similar to the subject one was determined not to be the same with the state of the insanity or inability to resist during the sexual relation though the victim had the symptoms of alcohol blackout, denying the quasi-indecent act by force. This argument is determined to be logical remarkably, and insanity and quasi-indecent act by force should be discussed considering the medical review on the alcohol blackout of the victims sufficiently when determining the individual precedents. In addition, the most important point in the sexual crimes is the consent, and there may be possibility of negligence in case that uncertain consent is determined as the consent to continue the following act. Also, in case of uncertain consent or suspicious, universal determination not to follow the act should be able to realized. Therefore, strong evidence is required for criminality, determining that the victim is the state not to be able to do the normal judgment and the minimum willful negligence is existed that the accused uses this. In the subject ruling, the act of the accused has to be clearly punished, however, it is determined to be unreasonable for the punishment with the quasi-indecent act by force under the interpretation of the current regulations.

Study on Legal Position of Aviation Security Subject in Aviation Safety and Security (공항보안요원의 법적 지위에 관한 연구)

  • Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.2
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    • pp.157-179
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    • 2006
  • According to the Annex 17 to the Convention on International Civil Aviation, an appropriate authority of each contracting state has to define and allocate tasks and coordinate activities between the departments, agencies and other organizations of the State, airport and aircraft operators and other entities concerned with or responsible for the implementation of various aspects of the national civil aviation security programme. The airport has to take leading role in implementing security tasks at airport area because the airport operator is the provider of airport facilities and services to its customer and the security activities belong to its services. So Republic of Korea Government enact the Law, Aviation Safety and Security. The Purpose of this Act is to prevent any unlawful act in airport facilities with international conventions, including the ICAO to provide for standards, procedures and mandatory matters needed to ensure the safety and security of civil aviation. But the Act has some error. So is this paper to review the revision of aviation security regulation and the changes of aviation security responsibilities and task assignment. There is the term "aviation security personnel", who are charged with the task of preventing any act of disrupting the order and safety in airport. But there is no term "security screening personnel" who performs to detect or search for dangerous object, such as weapons or explosives, which may be used for the unlawful obstruction.

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An Exploratory Study on the Current Status of Research Ethics in Higher Education and Its Improvement Methods -With a focus on DEVAC Paper Plagiarism Detection System- (대학교육에서의 연구윤리현황과 개선방안에 관한 탐색적 연구 - DEVAC 과제표절탐색 시스템을 중심으로 -)

  • Park, Su-Hong;Jung, Ju-Young
    • Journal of The Korean Association of Information Education
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    • v.12 no.2
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    • pp.183-194
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    • 2008
  • This research was conducted from the perspective of student management focusing on such central topic as realization of research ethics on the basis of research ethics case study model. In this study, improvement method for research ethics education through means of application of DEVAC System, which is a paper plagiarism detection system, and survey on current status of research ethics in college education and degree of consciousness thereof were explored. Through these investigations, a topic relating to establishment of the foundation in order to foster consciousness of research ethics in the college education was established as the primary purpose of this study. To accomplish the purpose of this study, firstly, actual situation of paper plagiarism committed by the college students and their consciousness were surveyed. Secondly, the research ethics education was examined through means of applying DEVAC paper plagiarism detection system. The results from investigations revealed the followings: First, 424 students (65.43%) who participated in this research and survey on the fact of paper plagiarism had experience of report plagiarism, and the result of investigation showed that 49.3% of students among those who had experience of paper plagiarism committed report plagiarism more than three times in a semester. And, 34.1% of participants showed a positive response to the use of a paper plagiarism detection system in the college, and results from the investigation displayed that the creative education (39.0%) marked the highest scores as in the educational method to reinforce the research ethics. Second, the results from examination of paper plagiarism having applied DEVAC system indicated that use of this system can be an alternative to prevent paper plagiarism from students. It is realized through this study that there is a necessity in various respects to build up the foundation which will enable individual students to improve their consciousness to such a degree so as to make them clearly recognize the fact that plagiarism is criminal act.

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A discussion on the issues of human trafficking and global economy, HIV, and inhumanity: A case study of Nepal women (인신매매와 관련된 국제경제, HIV, 그리고 비인간적 문제들에 대한 담론: 네팔여성들에 대한 사례제시를 중심으로)

  • Jang, Duck-Hyung
    • Korean Security Journal
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    • no.46
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    • pp.171-187
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    • 2016
  • Human trafficking is a booming underground business and is the fastest growing and criminal activity in today's society. The use of coercion or fraud marks the territory of trafficking. Most people trafficked suffer constant threats, violence, and forced acts while imprisoned by their traffickers. Such human trafficking entails significant problems not only for the victims but also for the economies and community health. Large corporations overseas have also been known to partake in the sex slave industry. Another hidden cost to the global economy is the cost of law enforcement and anti-trafficking measures being implemented. Further, sex Trafficking carries many potential health consequences, one of the biggest risks is HIV infection. That means, sex trafficking is an engine of the global AIDS epidemic with one study portraying nearly fifty six percent of all sex slaves having HIV or AIDS. Therefore, many of people are being infected with HIV and many other diseases every day through contact with the sex slave industry costing millions to society and the global economy. in this study, the author presents a case study of trafficking against Nepalese women. Nepalese women being trafficked are found to have a high prevalence of HIV infection. In conclusion and discussion, a few of solutions needed to be addressed for controling human trafficking for sex slavery suggested.

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A Study on Appeal System according to Disciplinary Punishment of Police Officers (경찰공무원의 징계결과에 따른 소청제기에 관한 연구)

  • Kim, Sang-Woon;Choi, Hung-Cheol
    • The Journal of the Korea Contents Association
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    • v.13 no.11
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    • pp.885-893
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    • 2013
  • Police officers interact with the citizen a lot, they have high possibility of corruption, graft, and conflict with the citizen. The Police have governmental authority and regulation right, which requires police officers to have high ethical consciousness. because of this, disciplinary action upon them has higher standard. According to the actual statistical data between 2008 and 2012, showed that only 801 police officers were disciplined in 2008. But in 2009, average 1,100 police officers were disciplined. To solve the problem of unreasonable discipline, government is enforcing an Appeal System. Appeal system is a special system which allows government employees to make a formal objection against unfavorable discipline. Through Appeal system, many police officers were saved from being disciplined. Discipline given to the police officers were decided to be invalid, or to be reducted. The data showed that approximately 25% of police officers were saved by this system. As a research was done about a correlation between disciplinary policy and entreaty, correlation between entreaty quotation and working department, to look in to the correlation between discipline and appeal system. The result showed that certain characteristic existed depending on the substance.

Survey of Perception about Security Works (경비업무에 대한 경비요원 인식 조사)

  • Park, Jeong-Hun;Jung, Joo-Sub
    • Korean Security Journal
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    • no.17
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    • pp.143-155
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    • 2008
  • Purpose of this study is to analyze actual perception of security business of security workers centering on employees working within building and to improve accomplishment of works for security workers. For this, first, activities of security workers are discussed. Second, perception of employees of companies for the necessity of security workers, non-necessity of security workers, qualification requirements of security workers for improving business recognition were established as a framework of the study. Changes for recognition of security works in modern life are a little falling behind compared to unstopping economic development and diversifying job classifications. Even at present, expression of security works is still regarded as manager of facilities or apartments in the past. In other words, it is recognized as a simple change of title and names from apartment guard to security workers. Security works in the modern job classification is settling down as a professional field of facility management and as a part of various controls such as protection and security and its field is also expanding. It is a professional job with the purpose to analyze and prevent diverse criminal actions occurring in the society and also to introduce alternative measures with the role to prevent accidents to be occurred in variety in advance instead of simple working format taking a fixed guard post. Area of security works for the purpose of maximizing necessity of security works shall have equipped with deployment of professional security workers, consideration of business satisfaction of security workers, prevention education for rapidly changing safety accidents, and substantiality in the field. We expect to have more sophisticated area of security works with ceaseless efforts and with instillation of recognition of professionalism by security workers themselves.

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A Legal Study on the Legal Regulations and the Attitudes of Cases in the Hospital Owned by Non-medical Personnel (사무장병원에 대한 법적 규제와 판례의 태도에 관한 고찰)

  • Baek, Kyounghee;Chang, Yeonhwa
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.33-67
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    • 2020
  • The hospitals that are owned by non-medical personnel result when non-medical personnel with resources conspire with newly graduated medical doctors who cannot afford the enormous amount of capital required at the beginning of the establishment of a medical institution. Such hospitals, though they may have met the external requirements as medical institutions, disrupt the medical market as it should be centered by medical personnels, In addition, such hospitals are causing a huge social problem as it is illegally receiving and reducing various benefits such as medical care benefits and subsidies from the government, resulting in a significant financial leak in the national health insurance. The illegality of the opening of a non-medical personnel hospital is so high that it nullifies the contractual arrangement for the establishment, imposes criminal penalties on all persons involved in the establishment under the Korean Medical Law, and imposes administrative sanctions on medical personnel. In case the hospital was aware of the illegality of its opening, but had applied to receive medical care benefits from the National Health Insurance Act and the Medical Care Act, such actions will result in the return of the benefits under the National Health Insurance Act and the Medical Care Assistance Act, subject to the penalty for the crime of fraud, and aggravated punishment for specific economic crimes based on the amount of gain, as well as civil liability for torts. In this study, we will examine the current status of the regulations on the non-medical personnel hospital and present the basis for future legislative directions by looking at the legal regulations and the attitude of the precedents.

Alcohol Expectancies in Relation to their Drinking Practices among Korean High School Students (음주효과에 대한 기대와 한국 고등학생들의 음주행위간 관계)

  • Yoon, Hye-Mee;Kim, Yong-Seok;Jang, Seung-Ock
    • Korean Journal of Social Welfare
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    • v.38
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    • pp.153-179
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    • 1999
  • Despite the enforcement of minimum legal drinking age of 18 years of age since 1997, alcohol experimentation among Korean youth is believed to be greater than ever before. The use of alcohol jeopardizes physical, mental, and social development during a person's formative years, thereby endangering successful transitions from adolescent to adulthood. Even infrequent use of alcohol may result in intoxication and acute consequences, especially among youth, who may have low tolerance due to their smaller body size and may lack experience with the effects of alcohol. Using self-report questionnaire data collected from 1,697 highschool students nation-wide, the drinking behavior among Korean high school students and the relation between adolescents' alcohol expectancy and adolescent alcohol use patterns were examined. Results indicated that gender and the type of school(academic or vocational) were significant effects on the drinking behavior(drinking frequency, experience of drunkenness, the amount of alcohol consumed, experience of binge drinking and that of problems due to drinking). Male students than female students, and students of vocational schools rather than those of academic high schools reported more alcohol experimentation. Also, positive alcohol expectancy proved to have a significant relation with alcohol use among high-school students. That is, students who reported to think alcohol would have a positive effect on socializing, aggressiveness, relaxation of tensions, and enforcing sexual ability tended to drink more, to experience more binge drinking and more drinking problems. Variables of gender and the type of school also were found to have significant effects on alcohol expectancy. Males and students of vocational school held ideas of positive outcomes on drinking than others. Implications for further study on developing prevention programs are presented.

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Effective Actions of Public Official's Drunk Driving (공무원 음주운전 대응방안)

  • Shin, Jae-Hun;Kim, Sang-Woon
    • The Journal of the Korea Contents Association
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    • v.17 no.4
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    • pp.395-401
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    • 2017
  • This study has aware of the seriousness of public official. and come up with an effective counterplan about public official. This research is a study on previous research on government and officer crime. And understanding is the status about public official. It proposed ways to solve the problem Drunk driving is illegal to drive a vehicle while drunk act. Drunk driving is likely the potential to cause a traffic accident. As a result, drinking and driving is decreasing since the mid-2000s. The cause of the change is to strengthen social awareness, regulations for drunk driving. and public official was decreased. However, it did not disappear. Cause of drunk driving is wrong, such as dinners and cultural distrust of the deputy driving, drinking after misjudgment on his physical condition. public official is a bigger influence. It is a social problem. Personally great damage to organization. Therefore, this study is an analysis of international practices and domestic best practices. Officials drunk driving drunk driving prevention measures are proposed to strengthen preventive measure, it is proposed the organization of internal control measures, union officials supporting the improvement of company dinner.