• Journal of Digital Convergence
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• v.16 no.9
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• pp.133-145
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• 2018

This study was investigated the necessity and possibility of using block-chain technology in online used-goods trading platform. Current online used-goods trading platforms operate a safety trading system, but it is difficult to utilize due to relatively high commission rate. As a result, people mainly use the method of meeting and purchasing in person, which is a relatively costly method. This study discusses how to build a platform to solve or mitigate problems such as privacy, information distortion and omission, fraud, etc. In the platform proposed in this study, it is possible to solve the major fraud and personal information protection problems that may occur in the transaction proceeding by appropriately reflecting the types and characteristics of the block-chain technology. In future work, we will discuss legal framework and technology development plan to apply the proposed platform in this study.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.27-53
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• 2015

Recently, a plastic surgery hospital in Seoul, has been raided following suspicions that ghost surgery was performed by an unauthorized substitute surgeon on a chinese woman who lapsed into a death. Following the incident, an organization to eradicate ghost surgery was created in March by Consumers Korea, founded to protect consumer rights, and the Korea Alliance of Patients Organization. The organization has received reports of illegal medical practices. To substitute another physician without the patient's consent and without his knowledge of the substitution is fraud and deceit and a violation of a basic ethical concept. The patient as a human being is entitled to choose his own physician and he should be permitted to acquiesce in or refuse to accept the substitution. It should be noted that it is the operating surgeon to whom the patient grants his consent to perform the operation. The patient is entitled to the services of the particular surgeon with whom he contracts. The surgeon, in accepting the patient, obligates himself to utilize his personal talents in the performance of the operation to the extent required by the agreement creating the physician-patient relationship. He cannot properly delegate to another the duties which the patient authorizes him to perform personally. 'Ghost surgery' comes under Article 257(Inflicting Bodily Injury on Other or on Lineal Ascendant) of the Criminal Code. Substitution another physician without the patient's consent and without his knowledge of the substitution shall be performed Inflicting Bodily Injury. This is a controversial issue that'ghost surgery' comes under Article 347(Fraud) of the Criminal Code. It maybe controversial that operation substituted by another physician without the patient's consent and without his knowledge of the substitution becomes the component of Fraud. Also, Ghost surgery' comes under Article 27 (Prohibition of Unlicensed Medical Practice, etc.), Article 22 (Medical Records, etc.), Article 33 (Establishment) of the Medical Service Act. The surgeon's obligation to the patient requires him to perform the surgical operation: (1) within the scope of authority granted him by the consent to the operation; (2) in accordance with the terms of the contractual relationship; (3) with complete disclosure of all facts relevant to the need and the performance of the operation; and (4) to utilize his best skill in performing the operation.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.143-166
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• 2012

This paper deals in depth with airline over-booking practices and legal questions therefrom in the light of public interests. Chapter I as an introduction gives clear ideas of what are the over-booking, fact-revealing current state of denied boarding and nature of the problems inherent but veiled in those practices. In Chapter II, it is reviewed whether legal instruments for DBC(Denied Boarding Compensation) are adequately equipped for airline passengers in R. O. K. Upon the results of the review that international law to which Korea is a party, domestic law and administrative preparedness for the DBC are either null or virtually ineffective, the Chapter by contrast illustrates how well the U. S. and the E. U. safeguard civil rights of their passengers from such an 'institutionalized fraud' as the over-booking. In Chapter III on which a main emphasis lies, it is examined whether the over-booking practice constitutes a criminal offense: Fraud. In section 1, the author identifies actus reus and mens rea required for fraud then compares those with every aspect of the over-booking. In conjunction with the structural element analysis, he reviews the Supreme Court's precedents that lead the section into a partial conclusion that the act of over-booking judicially constitutes a crime of fraud. Despite the fulfillment of drawing up an intended answer, the author furthers the topic in section 2 by arguing a dominant view from Korean academia taking opposite stance to the Supreme Court. The commentators assert, "To consummate a crime of fraud, there must be property damage of the victim." For this notion correlates with a debate on legally protected interest in criminalization of fraud, the section 2 shows an argument over 'Rechtgut' matters specific to fraud. The view claims that the Rechtgut comes down rather to 'right to property' than 'transactional integrity' or 'fair and equitable principles'. However, the section concludes that the later values shall be deemed as 'freedom in economic decision-making' which are the benefit and protection of the penal law about fraud. Section 3 demonstrates the self-contradiction of the view as it is proved by a conceptual analysis that the infringement on freedom in economic decision-making boils down to the 'property damage'. Such a notion is better grounded in section 4 by foreign court decisions and legislation in its favour. Therefore, this paper concludes that the airline's act of over-booking is very likely to constitute fraud in both theory and practice.

• Convergence Security Journal
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• v.15 no.6_2
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• pp.79-87
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• 2015

In order to clearly recognize illegality of insurance crime, declaring the provisions on insurance crime is preferable. An insurance fraud differentiated from Configuration Requirements of general fraud should be established And differentiation in accordance with the act type of insurance crime the degree of organizational involvement is required. Also the introduction of civil sanctions and creation of additional punishment provision about Organized insurance fraud are required. To notice duplicate insurance when sign up life insurance, the revision of the provisions is required. To limit unnecessary long-term hospitalization, hospitalization standard is required. Introduction of private investigator is required as a method for endowing with investigation to the staff of insurance companies. By providing information sharing laws between relevant agencies including insurance companies and law enforcement agencies, the foundation of information database, and the introduction of SNA Techniques in the IFAS,, you can detect Organized collusion crime.

• (The)Study of the Eastern Classic
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• no.48
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• pp.7-39
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• 2012

This study is prepared to understand the filial story's communicative meaning from the aspects of Character's behavior. The filial story have typically didactic theme and it is not have enough room for another interpretations. But if we carefully analyze the filial story from the point of view of (1)the target of the filial duty[father/ mother]. (2) the actor of the filial duty[son/ daughter]. (3) the evaluator of the filial duty[witness/ recorder], we can understand the filial story's connotation. In "三國遺事"(Memorabilia of the Three Kingdoms) and "三國史記"(Historical Records of the Three Kingdoms), the target of the filial duty plays an important part and communicates with the actor of the filial duty but there's no more communication in "高麗史"(History of Corea). As the character's communication is lessened, the meaning of edification is emphasized.

• Journal of Korean Classical Literature and Education
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• no.37
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• pp.217-252
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• 2018

In the [Samguk sagi], is the origin story of , a Pansori novel from the late Joseon period. is derived from an Indian folktale. This article examines the narrative changes from the Indian folktale. Through this, I attempt to examine how the short fable developed into a fascinating story with numerous variants like . The five kinds of stories that I have observed all indicate the development of a common narrative. They also have a common character: terrestrial animals, deputy, and aquatic animals. However, in the original story, the more the character is brought up, the greater the persuasiveness of the action. In addition, the scale of the conflict expands due to the reorganization of the incident. Moreover, the theme of the narrative has diversified by utilizing the space as a contrast. Discussions reveal that a single story or storyteller does not create a fascinating story. The implication being that several narratives and numerous people together make the narrative changes.

• Journal of Venture Innovation
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• v.4 no.3
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• pp.141-150
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• 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.

• Journal of Korean Philosophical Society
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• v.129
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• pp.267-290
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• 2014

The slippery slope argument means that if we accept a type of action A, we are committed to accepting B, C and eventually N. Then, N is situation which we must not accept morally. It works causal mechnism that B because A is raised, C because B is raised. But in the logic textbooks and treatises, the slippery slope argument is classified as fallacy. The reason is that the argument is not a causal argument. Actually, it is a probable. Also it is argued that the argument is wrong because it fears about the future extremely. But We can not say all slippery slope argument is fallacy even though a slippery slope argument is sometimes fallacy. I think it is persuasive argument in a significant place. Therefore I argue that the argument is not simple logic as a form of thinking, but practical reasoning applied the context of dialogue. So in order to find it to be practical reasoning we demand the new understanding to fallacy theory. In traditionally, fallacy is defined to wrong reasoning logically, but according to Walton, fallacy means a verbal tactic or deceptive trick that can be used to cause someone to fall down in argument. That is to say, whether or not the argument is successful depends on how it uses as argument tactic in a given context of dialogue. Therefore I argue that whether or not the argument is successful, because of it is practical problem used in a context of dialogue, is to be approached to pragma and dialectical method, not semantic.

• Proceedings of the Korean Society of Computer Information Conference
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• 2016.01a
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• pp.307-310
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• 2016

우리나라의 무역 교역량이 '11년부터 3년 연속 1조 달러를 돌파하면서 인터넷 무역도 활성화 되고 있으나 인터넷 무역의 특징인 비대면 거래과정을 악용한 사기 행위가 급증하여 기업의 피해가 증가하고 있는 실정이다. 이메일을 해킹하여 거래처로 위장해 무역 거래대금을 가로채는 사이버범죄 수법인 비즈니즈 스캠(Business Scam)은 건전한 무역 활동에 위협적인 요소로 작용하고 있다. 이와 같이 무역 산업의 위협이 증가하고 있는 현재 상황에서 본 연구는 정보보호 관점에서 기술, 정책, 제도, 법률, 관련 사례를 조사 분석하여 비즈니스 스캠의 효율적인 피해방지 방안을 제시하고자 한다.

• Proceedings of the Korea Information Processing Society Conference
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• 2013.11a
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• pp.638-639
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• 2013

Anymon Plus(ver 3.0)은 통합 로그 분석 시스템으로 대용량 로그 및 빅데이터의 실시간 수집 저장 분석할 수 있는 제품(초당 40,000 이벤트 처리)으로서, 방화벽 로그 분석을 통한 비정상 네트워크 행위 탐지, 웹 로그 분석을 통한 사용 패턴 분석, 인터넷 쇼핑몰 사기 주문 분석 및 탐지, 내부 정부 유출 분석 및 탐지 등과 같은 다양한 분야로 응용이 확대되고 있다. 본 논문에서는 보안관련 인프라 로그를 분석하고 예측하여 예상 보안사고 시기에 집중적 경계를 통한 선제적 대응을 모색하기 위해 통계적 이론에 기반한 통합 로그 분석 시스템을 개발하기 위해, 회귀분석 및 시계열 분석이 가능한 예측 엔진 시스템을 설계하고 구현한다.