• The Korean Society of Law and Medicine
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• v.22 no.1
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• pp.27-55
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• 2021

Bisher wurde kein Beruf zwischen Recht und Berufsethik so diskutiert wie Ärzte. Diskussionen über die Qualifikation(od. Approbation) von Ärzten sind nicht nur eine Frage Koreas, sondern in den meisten zivilisierten Ländern ein wichtiges Diskussionsthema, wenn ein Arzt insbesondere für eine Straftat bestraft wird. Vor kurzem hat sich die koreanische Ärztekammer (the Korean Medical Association) weitgehend gegen das, "Entwurf eines Gesetzes zur Reform des Medizingesetzes" stark ausgesprochen, das die Grunde für den Entzug einer Approbation für ein Verbrechen eines Arztes erweitert. Vor allem wird auf die Gefahr hingewiesen, eine Approbation für Straftaten zu entziehen, die nicht mit beruflichen Pflichten zusammenhängen. Es ist jedoch vernünftig, den Beruf bzw. das Gewerbe zu verbieten, wenn ein Fachmann unter Missbrauch seines Beruf oder grober Pflichtverletzung die Tat begangen hat und die Gefahr bestehet, dass er bei weiterer Ausübung seines Berufs erhebliche rechtswidrige Taten der bezeichneten Art begangen wird. Die Untersagung der Berufsausübung soll die Allgemeinheit gegen die spezifischen Gefahren schützen, die mit der Ausübung eines Berufs oder Gewebes verbunden sind. Da das Berufsverbot nur die Berufsausübung untersagt, die Approbation selbst aber bestehen lässt, kann die Approbationsbehörde in eigener Entscheidungskompetenz die Approbation zurücknehmen, wiederrufen, oder in Ruhen anordnen. Entsprechend dem Verhätnismäßigkeitsgrundsatz ist aber auch das Berufsverbot auf bestimmte Tätigkeiten im Bereich des Berufs zu beschränken, wenn dies zur Erreichung des Maßregelzwecks, dem schutz der Allgemeinheit, ausreichend ist. In diesem Beitrag wurden die Voraussetzunen des Berufsverbots und die tatsächlich an Ärzte bzw. medizinische Personal gerichteten Fälle untersucht.

• Korean Security Journal
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• no.54
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• pp.101-125
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• 2018

In the police, crime intelligence is the basis of decision making for police's original activities in response to crime. Police decision making is done in various ways such as investigation and prevention of individual cases, allocation of resources, organization prioritization, etc. The purpose of this study was to investigate the activities of the UK policing in analyzing crime intelligence and to reflect them in the policing and to draw implications for the comparison with the Korean police. The UK operates a central police agency based on the local police system, and establishes a National Intelligence Model (NIM) system that operates crime intelligence throughout the country. In order to respond to crimes and risks through coordination and cooperation, rather than by centralized police activities, the intelligence department of the police agencies should not only prevent and suppress crime through the analysis of integrated crime information, but also make police decision-making. In contrast, the Korea police operate crime intelligence, such as statistics, case intelligence, and there is no integrated way to use it. In addition, there are few cases in which the organizational decision - making based on crime intelligence is utilized efficiently and systematically. For development, it is necessary to construct an integrated management system and analysis organization for crime intellgence. Criminal Intelligence Analysis Organizations should seek to reorganize the role of the current intelligence department or to operate a separate analysis system through the information system while maintaining the current role of each department.

• Korean Journal of Forensic Psychology
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• v.12 no.2
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• pp.199-221
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• 2021

The purpose of this study is to examine some factors affecting the decision-making process of white-collar crime. In a between-subject experiment, 102 adult white-collar workers were randomly assigned to a financial pressure condition or tit for tat strategy condition. Participants went through a decision-making process in a modified iterated prisoner's dilemma for a white-collar crime scenario to earn points. The obtained score indicated the risk of committing a crime. The lower the score, the higher was the risk of participating in a crime. The results showed that participants who received only tit for tat strategy information without financial pressure instructions showed the lowest risk of participating in a crime, and those who received only financial pressure without the strategic information had the highest risk of participating in a crime. In addition, those who received the financial pressure instructions were more likely to participate in a crime than those who did not receive financial pressure instructions regardless of the provision of strategic information. The results of this study propose the need for measures to legally relieve financial pressure, the need for education on white-collar crimes for office workers, and the need for a decision-making structure within the enterprise that is not dogmatic but cooperative and mutually verifiable.

• The Korean Society of Law and Medicine
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• v.19 no.1
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• pp.113-142
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• 2018

In recent years, there have been opinions in which physicians are liable to the revocation of their medical license if they are sentenced to above a certain level for criminal charges regardless of the types of offenses. Accordingly, a revised bill of law was submitted in the National Assembly, and related discussions are thus expected to commence. Considering the morality and ethics or the level of the rule of law that the general public expects of physicians, as well as the license revocation system in other professional sectors, it is assessed that medical license revocation due to criminal convictions of physicians is appropriate to some degree. However, if a poorly devised system is established based on unrefined inferences or emotional judgements, unexpected side-effects are likely to arise. With regard to serious criminal acts that society generally perceives as unacceptable, it can be assessed that the revocation of physicians' licenses would appropriately protect the general public from threats. However, given the life-saving characteristics of high-risk medical practices, higher malpractice exposures, and social values, it is difficult to assess charges of professional negligence resulting in death(or in injury) and minor offences in the same manner as anti-social criminal offences are handled. Physicians need to be treated the same as any other professions. At the same time, they are engaged in administering medical treatment to patients in the face of great risks as professionals. Under the circumstances, a discussion on the introduction of a more specific and empirical system is needed by considering the intrinsic characteristics of medical treatment and the need for an equitable health and medical policy. Accordingly, based on the above judgment and perception, this study explores the code of ethics for physicians and medical license revocation related to criminal offences at home and abroad, and examines various legislative alternatives appropriate for the Republic of Korea. In doing so, the purpose of the study is to contribute to the development of a reasonable system for handling criminal offences by physicians.

• The Journal of the Korean dental association
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• v.13 no.4
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• pp.353-358
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• 1975

• Proceedings of the Korean Society of Computer Information Conference
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• 2023.07a
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• pp.221-223
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• 2023

오늘날 전 세계적으로 연결되어 있는 인터넷을 통해 사용자들은 아무런 제약 없이 의사소통 및 거래 등 다양한 활동을 할 수 있게 되었다. 그러나 이러한 인터넷상의 자유를 범죄의 수단으로 한 인터넷상의 사이버 범죄가 급속하게 증가하고 있다. 특히 인터넷 중 하나로 분류되는 다크웹에서는 심각한 중대 범죄들이 많이 발생하고 있는데, 다크웹은 일반 네트워크와 달리 암호화 기술을 사용하는 특정 네트워크를 통해서만 접속이 가능하기 때문에 사용자에게 익명성과 비밀성을 제공할 수 웹 사이트이다. 이러한 다크웹의 특성으로 인해 마약 거래, 아동 포르노 유포, 개인정보 유출 등 다양한 사이버 범죄가 발생하고 있다. 본 논문에서는 이러한 다크웹 상에서 발생하는 주요 범죄 사례를 알아보고 이에 대한 포렌식 수사 기법의 동향을 살펴보고자 한다.

• Proceedings of the Korea Information Processing Society Conference
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• 2007.05a
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• pp.1017-1020
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• 2007

컴퓨터의 생활 전반에 걸친 영향으로, 컴퓨터는 우리 생활 속에서 빼놓을 수 없는 하나의 정보 매체로 자리 매김 되었다. 하지만 그 이면에는 컴퓨터를 이용한 전산망 침해 행위, 전자기록 위.변조, 각종 음란물 유통, 바이러스 제작 유포 등 많은 위험들이 우리를 위협하고 있다. 그래서 컴퓨터를 사용한 범죄 행위를 탐지하는 방법에 대한 관심이 높아지고 있다. 또한 각종 범죄 행위는 인터넷을 통한 범죄가 늘고 있어, 네트워크 정보를 통한 포렌식에 관한 연구가 활발하다. 하지만, 매일 많은 양의 패킷을 분석하는 것은 많은 전문 인력과 비용이 소요된다. 본 논문에서는 의사결정나무를 이용한 패킷분석을 통하여 네트워크 포렌식의 정보를 추출하는 방법을 제안한다.

• Journal of the Korean Association of Geographic Information Studies
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• v.21 no.4
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• pp.64-80
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• 2018

In Korea, citizens can only know general information about crime. Thus it is difficult to know how much they are exposed to crime. If the police can predict the crime risky area, it will be possible to cope with the crime efficiently even though insufficient police and enforcement resources. However, there is no prediction system in Korea and the related researches are very much poor. From these backgrounds, the final goal of this study is to develop an automated crime prediction system. However, for the first step, we build a big data set which consists of local real crime information and urban physical or non-physical data. Then, we developed a crime prediction model through machine learning method. Finally, we assumed several possible scenarios and calculated the probability of crime and visualized the results in a map so as to increase the people's understanding. Among the factors affecting the crime occurrence revealed in previous and case studies, data was processed in the form of a big data for machine learning: real crime information, weather information (temperature, rainfall, wind speed, humidity, sunshine, insolation, snowfall, cloud cover) and local information (average building coverage, average floor area ratio, average building height, number of buildings, average appraised land value, average area of residential building, average number of ground floor). Among the supervised machine learning algorithms, the decision tree model, the random forest model, and the SVM model, which are known to be powerful and accurate in various fields were utilized to construct crime prevention model. As a result, decision tree model with the lowest RMSE was selected as an optimal prediction model. Based on this model, several scenarios were set for theft and violence cases which are the most frequent in the case city J, and the probability of crime was estimated by $250{\times}250m$ grid. As a result, we could find that the high crime risky area is occurring in three patterns in case city J. The probability of crime was divided into three classes and visualized in map by $250{\times}250m$ grid. Finally, we could develop a crime prediction model using machine learning algorithm and visualized the crime risky areas in a map which can recalculate the model and visualize the result simultaneously as time and urban conditions change.

• Journal of the Korea Society of Computer and Information
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• v.19 no.12
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• pp.161-169
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• 2014

Digital forensics is the process of proving criminal charges by collecting and analyzing digital evidence which is related to the crime in question. Most digital forensic research is focused on digital forensic techniques themselves or cyber crime. In this paper, we designed a digital forensics-criminal investigation linked model in order to effectively apply digital forensics to various types of criminal investigations. Digital forensic ontology was developed based on this model. For more effective application of digital forensics to criminal investigation we derived specific application fields. The ontology has legality rules and adequacy rules, so it can support investigative decision-making. The ontology can be developed into an intelligent criminal investigation system.

• Journal of the Society of Disaster Information
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• v.9 no.4
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• pp.439-448
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• 2013

The Amendment of Misdemeanor Punishment Act which has been enforced since March 22, 2013 contains Section 3. 1. 41 (titled "Continuous Harassment") which provides that stalking is one's act of "attempt to continuously approach other person or persons against the latter's express intent and thereby demand interviews or associations to them, or commit behaviors such as monitoring, following (shadowing) and ambush over and over again." In South Korea, any wrongdoer who does such act of stalking shall be fined 80,000 Korean won under the Enforcement Decree of Misdemeanor Punishment Act. However, in view of the seriousness of ever-diversified and skillful stalking crimes, we have a question of whether the application of current Misdemeanor Punishment Act would be effective in reality.In order to get over current limitations of Misdemeanor Punishment Act as a part of direct regulatory control over stalking crimes and more properly cope with stalking crimes, this study give the following suggestions.