• Title/Summary/Keyword: 법적 증거

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A Study on Data Classification for Digital Forensic in IoT (IoT 환경에서의 디지털 포렌식을 위한 데이터 분류 방법에 관한 연구)

  • Ryu, Ho-Seok;Kawk, Jin
    • Annual Conference of KIPS
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    • 2015.10a
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    • pp.705-707
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    • 2015
  • 정보통신기술의 발달로 무선 네트워크 기능이 스마트 디바이스에 삽입됨에 따라 IoT 서비스는 다양해지고 있다. IoT 환경에서의 스마트 디바이스들은 사용자의 ID와 계정을 통해 동기화하기 때문에 연동된 디바이스를 통해 사용자에게 다양한 서비스를 제공하고 있다. 연동된 디바이스에는 개인 정보, 위치 정보 등 다양하고 방대한 양의 데이터가 저장되어 있다. 이러한 데이터들은 연동 디바이스를 통해 데이터의 변경, 수정, 삭제가 가능해졌다. 따라서 용의자가 동기화된 데이터를 변경, 수정, 삭제 한다면 법적 증거 효력이 사라질 수 있다. 또한, IoT 환경에는 방대한 양의 데이터가 존재하기 때문에 데이터 분류에 어려움이 따른다. 따라서 본 논문에서는 디지털 포렌식을 위한 IoT 환경에서의 데이터 분류 방법을 제안 한다.

A Study of Children's Statements in sexual violence cases of children less than the age of 13 -Focusing on video-recorded hearsay evidence- (13세미만 아동성폭력 재판에서의 아동진술연구 -영상매체를 통한 전문 증거를 중심으로-)

  • Park, Yeon Ju;Kim, Jung Woo
    • Journal of the Korean Society of Child Welfare
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    • no.55
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    • pp.87-111
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    • 2016
  • This study aimed to examine how video-recorded hearsay statements are taken in trial with regard to testimony of children less than the age of 13 in terms of children's rights, and to assess policy implications for the purpose of improving the current system. This study analyzed the precedents in accordance with their facts and contents. The analysis of the contents dealt with the main issues of trials concerning the sexual violence of children less than the age of 13. Specifically, This study selected precedents dealing with video-recorded hearsay statements, which are children's indirect statement, as core legal issues; examined the credibility(probative power) and admissibility of video-recorded statements; and prepared systemic alternatives in accordance with the United Nations Convention on the Rights of the Child, the international standards for the protection of children's rights. As a result, this study proposed creating and utilizing indicators to assess evidence admissibility and the credibility of video-recoded statements in trial, thus reducing judgement through judges' discretion. Also proposed are new regulations with regard to cross-examination coverage of the hearsay statement of a child in a sexual violence trial of concerning children less than the age of 13. This study suggests an improvement in legal policies, based given that children's rights are more vulnerable than those of adults in trial. Nevertheless, this study is limited in that it selected and reviewed only among precedents that are in the public record.

Investigation of Elementary Students' Scientific Communication Competence Considering Grammatical Features of Language in Science Learning (과학 학습 언어의 문법적 특성을 고려한 초등학생의 과학적 의사소통 능력 고찰)

  • Maeng, Seungho;Lee, Kwanhee
    • Journal of Korean Elementary Science Education
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    • v.41 no.1
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    • pp.30-43
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    • 2022
  • In this study, elementary students' science communication competence was investigated based on the grammatical features expressed in their language-use in classroom discourse and science writings. The classes were designed to integrate the evidence-based reasoning framework and traditional learning cycle and were conducted on fifth graders in an elementary school. Eight elementary students' discourse data and writings were analyzed using lexico-grammatical resource analysis, which examined the discourse text's content and logical relations. The results revealed that the student language used in analyzing data, interpreting evidence, or constructing explanations did not precisely conform to the grammatical features in science language use. However, they provided examples of grammatical metaphors by nominalizing observed events in the classroom discourses and those of causal relations in their writings. Thus, elementary students can use science language grammatically from science language-use experiences through listening to a teacher's instructional discourses or recognizing the grammatical structures of science texts in workbooks. The opportunities in which elementary students experience the language-use model in science learning need to be offered to understand the appropriate language use in the epistemic context of evidence-based reasoning and learn literacy skills in science.

An Overview and Implication of Apology Law and Disclosure Law in U.S.A. (미국의 사과법 및 디스클로져법의 의의와 그 시사점)

  • Lee, Won;Park, Ji Yong;Jang, Seung-Gyeong
    • The Korean Society of Law and Medicine
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    • v.19 no.1
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    • pp.81-111
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    • 2018
  • Recently in Korea, public interest about patient safety has increased because patient safety incidents occurred continuously. In addition, as the way of coping with medical personnel and medical institutions after occurrence of patient safety incident became controversial, the necessity of introducing apology law and disclosure law was raised. We analyzed the contents of apology law and disclosure law in U.S.A and critically examined the legislative movements in Korea. First, the Apology law requires that a medical personnel provide apology, consolation, sympathy to the patient for discomfort, pain, damage or death, and that the expression of apology shall be inadmissible as evidence of an admission of liability in civil action or administrative proceeding. The Apology law is divided into 'full apology law' and 'partial apology law' depending on whether mistake, error, fault, liability, and legal liability shall be inadmissible. Meanwhile, Disclosure law enforces or voluntarily enforces the law to communicate with the patient regarding the disclosure of the incident, the cause of incident, the compensation plan, and the measures to prevent the recurrence in the adverse incident that serious harm to the patient. In Korea, the concern about patient safety incidents has been amplified, and as the importance of communication between the medical personnel and patient has been recognized, the revision bill for the "Patient Safety Act", which adopted the U.S.A apology or disclosure law, was submitted to the National Assembly. The purpose of this study was to critically review the contents of the revised legislation based on the analysis of the apology law and disclosure law in U.S.A. and to provide implications for future legislative direction.

A Study on the Objective Opinion of Private Investigation Service (민간조사제도 도입 반대 의견에 대한 고찰)

  • Jeng, Il-Seok;Park, Jun-Seok;Suh, Sang-Yul
    • Korean Security Journal
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    • no.14
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    • pp.465-484
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    • 2007
  • Our society's modernization created many opportunities for us to need a private investigation service system. Variation of international environment due to joining in the OECD, opportunity of individual legal, collect evidence during judgement, prevention of damage criminal, security of business in company, free trade economy's system etc and don't need to enumerate how important of introduction of private investigation service system. In addition to there are lots of objection opinions, such as possibility of person's private life, invade of lawyer's area, confliction with investigation team, gap of wealth and poverty that make preponderance of information. So this research can be considerate from objective opinion, and can obtain conclusion just like below. First, private detective agencies that encroach on the individual rights will naturally deteriorate after the implementation of private investigation service system. Through this, the probability of civil rights encroachment will be lower, and for this to happen there needs to be a thorough maintenance of the system. Secondly, mutually beneficial solution should be found not by a conflict between two sides. Detective business sector should not cause social confusion from conflicts with other investigation organization such as police, or investigators, rather, it must get on the demand of the diversified citizen and maintain the diverse sector inter-cooperate right, and to do that law and institution must be made for the base. Thirdly, investigation used depending on the gap between wealth and poverty does not mean the actualization of the rights and interests of the citizen. If the duty of investigation sector is to find the evidence and collect or manufacture of the evidence, then the problems which the nation can't handle will be more enlarged and then finally end up with strengthening the capability of national public security demand.

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A Study on the Legal Issues relating to the Aircraft Accident and its Investigation (항공기사고와 사고조사에 관한 법적 제 문제에 대한 고찰)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.2
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    • pp.137-162
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    • 2004
  • Generally the aircraft accident caused a great loss of lives, severe property damages including aircraft's total loss and thus, affect enormous emotional and economic damages to the public. We, therefore, should try every efforts to prevent the re-occurrence of aircraft accident by examining the cause of accident closely and discovering it through aircraft accident investigation. Though the object of an accident investigation is not to apportion blame but to discover a cause or causes of an accident to prevent future accidents, the cause of an accident would play a vital role in determining the liability of the carrier, legal relationship with the third party and jurisdiction, etc. in the aviation litigation. Therefore, it is very important that aircraft accident investigation are carried out by a professional and independent agency. Also, it needs for us to be careful in applying investigation results in the courts not to be deterrent to discovering the cause of accident. Korea now has the Aviation Accident Investigation Agency Board under the Korean Ministry of Construction and Transportation, but unfortunately it is often pointed out that it lacks professionalism and independency due to the bureaucratism of the Government. We, therefore, should establish a professional and independent aircraft accident investigation agency like United States' NTSB and reflect the issues mentioned-above on the new Act.

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Data-driven Children and Adolescents Policy: A Proposal Mental Health Services and Review Legal Issues (데이터기반 아동·청소년 정책: 정서관리서비스 제안과 법적 쟁점 검토)

  • Jinyoung Han;Hyungjin Lukas Kim;Wonjun Chung;Geongyu Bae
    • Knowledge Management Research
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    • v.25 no.3
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    • pp.121-143
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    • 2024
  • The COVID-19 pandemic has affected various aspects of life, particularly affecting the learning, health, psychology, emotions, and daily routines of children and adolescents. The increasing number of counseling sessions related to depression and stress among this demographic highlights the urgent need for effective mental health management. This study investigates current mental care management services and proposes improvements by analyzing the mental health needs of Korean children and adolescents. From an evidence-based administrative perspective, the study examines the current status of emotional management, focusing on data from public institutions such as the Ministry of Education, the Ministry of Health and Welfare, and the Ministry of the Interior and Safety. We propose a three-phase service model: 1) data-driven emotional management services, 2) specialized services for vulnerable children and adolescents, and 3) mydata services for customized emotional management. Additionally, the study reviews relevant legal frameworks and issues, proposing directions for improvement to realize the proposed services. These services and legal considerations are expected to contribute to the effective implementation of emotional management policies for children and adolescents in the future.

Block based Smart Carving System for Forgery Analysis and Fragmented File Identification

  • Lee, Hanseong;Lee, Hyung-Woo
    • Journal of Internet Computing and Services
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    • v.21 no.3
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    • pp.93-102
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    • 2020
  • In order for data obtained through all stages of digital crime investigation to be recognized as evidence capability, it must satisfy legal / technical requirements. In this paper, we propose a mechanism and implement software to provide digital forensic evidence by automatically recovering files by scanning / inspecting the unallocated area inside the storage disk block without relying on information provided by the file system. The proposed technique checks / analyzes the RAW disk data of the system under analysis in 512-byte block units based on information on the storage format / file structure of various files stored on the disk without referring to the file system-related information provided by the operating system. The file carving process was implemented, and a smart carving mechanism was proposed to intelligently restore deleted or damaged files in the storage device. As a result, we have provided a block based smart carving method to intelligently identify fragmented and damaged files in storage efficiently for forgery analysis on digital forensic investigation.

An SMS Notarization System Using Smartphones (스마트폰을 활용한 SMS 공증 시스템)

  • Lee, Yunho
    • Journal of Internet Computing and Services
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    • v.19 no.5
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    • pp.13-19
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    • 2018
  • Although it's been nearly decade since the electronic notarization system enforced, the utilization is not high because of the troublesomeness of the client or his agent to visit the notarial office directly. Recently, the ministry of justice introduced e-notary based on audio-visual conference through amendament of the notarial law, and hence it will vitalize the usage of e-notary. In addition, due to the spread of smartphones, many people use SMS messages to express simple statements or promises. However, in case of legal disputes, the judgment of the court is different according to the case. The electronic notarization system can be used to prove of evidence of SMS messages, however, there is a hassle to convert SMS messages to electronic documents. To solve this problem, this paper proposes an SMS notarization system using smartphones. The proposed system uses reliable notarization server and it is divided into notarization system for message senders and notarization system for message receivers according to notary requestor.

A Modeling of Forensics for Mobile IP Spoofing Prevention (모바일 IP 스푸핑 방지를 위한 포렌식 설계)

  • Park, Sun-Hee;Yang, Dong-Il;Jin, Kwang-Youn;Choi, Hyung-Jin
    • Journal of Advanced Navigation Technology
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    • v.16 no.2
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    • pp.307-317
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    • 2012
  • Rapid development of the IT technology and mobile communications has increasingly improved many kinds of digital devices arise, as well as the mobile technology. However, the attacks (virus, hacking and Ip spoofing etc) have also increasingly grown dogged on any region including the society security. As the visual data is prone to copy, delete and move etc, it is necessary that attesting to the integrity of forensics evidence is crucial, as well as data transmission security. This paper presents a framework model using digital forensics method and the results of its performance evaluation for mobile security. The results show that the integrity of the visual data can be obtain with high security and make a proposal refer to prevention of Mobile IP Spoofing attack using our hashing data.