• 제목/요약/키워드: 참여권 보장

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Enabling Environment for Participation in Information Storage Media Export and Digital Evidence Search Process using IPA (정보저장매체 반출 및 디지털 증거탐색 과정에서의 참여권 보장 환경에 대한 중요도-이행도 분석)

  • Yang, Sang Hee;Lee, Choong C.;Yun, Haejung
    • The Journal of Society for e-Business Studies
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    • 제23권3호
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    • pp.129-143
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    • 2018
  • Recently, the use of digital media such as computers and smart devices has been rapidly increasing, The vast and diverse information contained in the warrant of the investigating agency also includes the one irrelevant to the crime. Therefore, when confiscating the information, the basic rights, defense rights and privacy invasion of the person to be seized have been the center of criticism. Although the investigation agency guarantees the right to participate, it does not have specific guidelines, so they are various by the contexts and environments. In this process, the abuse of the participation right is detrimental to the speed and integrity of the investigation, and there is a side effect that the digital evidence might be destroyed by remote initialization. In this study, we conducted surveys of digital evidence analysts across the country based on four domains and thirty measurement items for enabling environment for participation in information storage media export and digital evidence search process. The difference between the level of importance and the performance was analyzed by the IPA matrix based on process, location, people, and technology dimensions. Seven items belonging to "concentrate here" area are one process-related, three location-related, and three people-related items. This study is meaningful to be a basis for establishing the proper policies and strategies for ensuring participation right, as well as for minimizing the side effects.

A Study on the Seizure and Search Problems of Smart Phone Digital Evidence and Improvement measures (스마트폰 디지털증거의 압수·수색 문제점과 개선방안)

  • Yoon, Hyun-Seok
    • Proceedings of the Korean Society of Computer Information Conference
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    • 한국컴퓨터정보학회 2020년도 제62차 하계학술대회논문집 28권2호
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    • pp.187-188
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    • 2020
  • 형사소송법 제106조에서 '범위를 정하여 출력 또는 복제하는 방법이 불가능하거나 압수의 목적을 달성하기에 현저히 곤란하다고 인정되는 때에는 정보저장매체 등을 압수할 수 있다'의 규정과 제122조에서 '급속을 요하는 때'의 예외 규정을 근거로 스마트폰 압수·수색과정에서 범죄혐의와 관련성에 대한 구분 없이 정보가 무분별하게 탐색 복제되는 등 기본권을 침해하고 있으며, 영장주의 원칙에 반하는 위법한 집행이 되고 있는 실정이다. 이에 본 연구에서는 긴급압수 후 사후영장 발부 전에 별건의 범죄혐의를 확인하거나 증거로 활용한다면 위법한 압수에 해당할 수 있는 디지털증거 압수·수색 원칙의 문제, 디지털정보의 검색과 추출과정에서 참여권 보장의 문제, 스마트폰 정보에 대한 무결성 확보 등을 문제점으로 도출하였다. 이러한 문제점을 개선하기 위해 사전영장 없는 범죄사실과 관련성이 없는 정보의 탐색이나 추출 금지, 정보검색이나 추출과정에서 피압수자의 참여권 보장 및 디지털증거 분야 전문가로부터 조력을 받을 권리 보장, 무결성 확보를 위한 절차적·실체적 적법절차 준수 등 개선방안을 제시하였다.

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The Recognition of Special Teachers for Early Childhood about the Guarantee of Rights of Infants and Toddlers with Disabilities (유아특수교사의 장애영유아 권리보장에 대한 인식)

  • Kim, Sam-Sup
    • Journal of Digital Convergence
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    • 제17권2호
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    • pp.475-487
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    • 2019
  • The purpose of this study was to investigate whether there are any differences in the recognition of the level of the guarantee of the rights of infants and toddlers according to the teachers' variables(gender, age, working experience) and institutional variables (institution type, establishment type, scale, area). We surveyed 365 special education teachers and found out differences. The results are as follows. First, there was no difference in the recognition according to gender. Second, there was no difference in the recognition according to age. Third, there was no difference in the recognition by working experience. Fourth, the recognition by type of educational institution showed that there were differences in the ambit of rights to life, protection, development, and participation. Fifth, the recognition according to the establishment type showed there were differences in the rights to life and development. On the other hand, there was no difference in the rights to protection and participation. Sixth, there were differences in the recognition about the rights to life, protection, development, and participation according to the scale of the education institutions. Seventh, there were no differences in the region. The results of this study can be used as basic data for establishing policy for the promotion of educational rights for infants with disabilities.

Assessment of children's rights by children and adolescents -Comparison of elementary, middle and high school students- (아동·청소년의 아동권리인식 -초등학생, 중학생, 고등학생 비교-)

  • Kim, Jin Sook;Jang, Yeon Jin
    • Journal of Digital Convergence
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    • 제15권6호
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    • pp.83-96
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    • 2017
  • This study aims to explore how to improve students' rights based on their age and development stages. To this end, we analyzed a survey that had been carried out with 1,065 students from elementary, middle and high schools in 2 most populated counties in Korea, focusing on the differences in their perception with regard to the right to survive, develop, be protected and participate. The result of the analysis showed that high school students' sense of rights was at the lowest in general, while being particularly low in their sense of participation rights. However, when it comes to the development rights and protection rights, the level of recognition of middle school students were as low as those of high school students. Based on the results, we suggested that a proactive effort to guarantee adolescents' participation rights is required, and that education of human rights should be emphasized not only for children but also for their supporters. In the follow-up study, it is required to investigate the differences between development stages and regions by including participants with diverse ages and residential areas.

A Comparison of Assessment of Child Friendly Cities by Parents and Child Service Providers in Selected Local Government (아동친화적인 지역사회에 대한 부모와 아동관계자의 인식 비교 - A기초자치단체를 중심으로-)

  • Kim, Jin-Sook
    • Journal of Digital Convergence
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    • 제15권11호
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    • pp.49-60
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    • 2017
  • The purpose of this study was to examine the recognition of the Children's Rights Guarantees among parents and child service providers in a local community, and to explore ways to organize Child Friendly Cities. To this end, I analyzed survey data collected from a municipality based in Seoul, Korea, and discovered certain differences in recognitions of play and leisure, citizen and participation, safety and protection, health and social service, education, and housing. Among the six categories, the parents and child service providers recognized that education and housing were relatively well guaranteed whereas citizen and participation was less secure. Child service providers were more negative in the physical environment for building child-friendly community, while parents were more negative about the institutional / cultural environment, such as participation rights. Based on these findings, I suggested the following: First, the physical environment should refer to the standards of child welfare officers, and the institutional and cultural environment should refer to the parents' standards. Second, the participation of parents and child service providers as well as children should be expanded in the community decision-making process.

A Study for the system of attorney participation in the process of interrogation (피의자신문시 변호인 참여제도 활성화 방안)

  • Jeong, byeong-gon
    • Proceedings of the Korea Contents Association Conference
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    • 한국콘텐츠학회 2012년도 춘계 종합학술대회 논문집
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    • pp.89-90
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    • 2012
  • 피의자신문시 변호인이 참여할 수 있도록 명문 규정을 둔 2007년 형사소송법 개정은 진일보한 개정이라 할 수 있다. 그러나, 피의자신문시 변호인 참여 제도는 현재까지도 제대로 활성화되지 못하고 있는 실정이다. 이 제도를 활성화하기 위해서는 첫째, 피의자에게 국선변호권이 확대되어야 할 것이다. 둘째, '검사의 사법경찰관리에 대한 수사지휘 및 사법경찰관리의 수사준칙에 관한 규정'의 문제점이 개정되어야 할 것이다. 셋째, 수사기관에 대한 교육이 강화되고 변호인에게 수사 일정 등 통지가 제도화 되어야 할 것이다. 이러한 대책을 통해 피의자신문시 변호인 참여 제도가 활겅화되어야 피의자의 인권이 제대로 보장될 것이다.

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Qualitative Study on Single Mother's Experiences on a Healthcare Support Program (한부모 여성가장의 건강권 지원 체험에 대한 질적 연구)

  • Shin, Hee-Jung
    • The Journal of the Korea Contents Association
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    • 제13권7호
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    • pp.311-321
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    • 2013
  • Health is an essential element of human living and participation in society. Due to its significance, government tries to maintain the healthy life of tis people by providing health care and enhancement systems that focus on health welfare. Despite such efforts, there is still a loophole in the public system. The health problem in socially disadvantaged people, especially single mothers, becomes the cause of poverty, and the poverty again results in the poor health conditions. That is why the private sector became interested in this health issue. In this case study about the participants in the healthcare support programs for single mothers in the private sector, their experience and change related on participation in the programs were investigated in depth. As results, the following significance and quantitative performance in supporting the health right for single mothers were explored. Since single mothers could not have cared for their health because their duty for not only parenting but also family's living, th participants thought that they attained good fortunes and their own social networks. Moreover, their life attitude changed to active and their family relationship was also improved as they got out of ambiguous anxiety of health and attained self confidence.

A Study on Improvement of the investigation procedure for the National Security Violators - Focused on the Rights to Counsel - (안보사범에 대한 수사절차 개선방안 검토 - 피의자 신문시 변호인 참여권 문제를 중심으로 -)

  • Yoon, Hae-Sung;Joo, Seong-Bhin
    • Korean Security Journal
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    • 제46호
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    • pp.113-140
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    • 2016
  • Right to counsel means a defendant has a right to have the assistance of counsel (i.e., lawyers), and if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The right is often included in criminal law and constitutional law etc. First, any person who is arrested or detained shall have the right to prompt assistance of counsel. When a criminal defendant is unable to secure counsel by his own efforts, the State shall assign counsel for the defendant as prescribed by act in article 12(4) of the constitutional law. Second, the defense counsel or a person who desires to be a defense counsel may have an interview with the defendant or the suspect who is placed under physical restraint, deliver or receive any documents or things and have any doctor examine and treat the defendant or the suspect in article 34 of the criminal law. Nonetheless, problems about guarantee of the rights to counsel to the national security violators like spy terrorist and etc will be important for Koreans to consider. That is because national security violators's cases are qualitatively different from general criminal offense's cases and historically, lawyer obstruct a investigation in the process of examination of a suspect for national security violators. Therefore, this study suggest a way that a restriction the rights to counsel with an attorney in cases of the national security violators. To this end, in this paper, I touch on restriction of right to counsel during interrogation in the England and Germany etc in comparison to that of Korea and review Korea's Supreme Court decision and Constitution Court decision to understand the prospective and trends for Korean investigation procedure improvement.

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PSECF (Policy Streams & Expert Group Standing Change Framework) for Wartime Operational Control Transition (전시작전통제권 전환에 관한 정책흐름 및 전문가집단 위상변동모형 사례분석)

  • Park, SangJung;Koh, Chan
    • Journal of Digital Convergence
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    • 제12권7호
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    • pp.37-47
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    • 2014
  • This study applies Policy Streams and Expert Group Standing Change Framework (PSECF) proposed by SangJung Park and Chan KOH to analyze the Roh's Participatory government's decision making process on the wartime Operational Control (OPCON) transition. PSECF case study's results are as follows: Strong commitments of the former president Roh Moohyun and the progressive National Security Committee (NSC) were primary drivers in the policy developing process. But military expert groups such as the Ministry of National Defense (MND) and the Joint Chiefs of Staffs (JCS) were thoroughly excluded due to their passive role against the wartime OPCON transition. After the policy resolution, the standing of expert groups changed: the standing of advocate effects, the former progressive NSC who led the wartime OPCON transition in the Roh's Participatory government, went down but the conservatives such as ROK MND and JCS improve their standing because the conservative government kicks off 8 months later from the policy decision. In conclusion, the proposed PSECF through the Roh's Participatory government's case-study is worthy as an explanatory framework for high level national policies.

Code coverage Testing in Next Generation Banking System Project (코드 커버리지 테스팅 기법의 금융권 차세대 프로젝트 적용사례)

  • Kim, Hee-Yeong;Yang, Sang-Tae
    • 한국IT서비스학회:학술대회논문집
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    • 한국IT서비스학회 2009년도 추계학술대회
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    • pp.343-350
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    • 2009
  • 대규모 금융권 차세대 프로젝트에서 테스트에 대한 중요성은 재무RISK 관점에서 뿐만 아니라 소프트웨어 품질향상을 위한 결함의 제거 관점에서도 그 의미가 크다. 대규모 차세대 프로젝트는 일반 프로젝트에 비하여 개발되는 소프트웨어의 양이 방대하고 개발참여인원도 일반적인 관리수준을 넘어 수작업에 의한 테스트만으로는 충분한 품질을 보장하지 못한다. 또한 테스트를 수행한 이후에도 지속적으로 변경이 발생하고 이를 반영하는 과정에서 많은 결함이 유입되는 현재의 SI 프로젝트 특성상 지속적인 테스트 및 반복적인 검증만이 소프트웨어의 품질을 보장할 수 있다. 본 논문에서는 code coverage testing기법을 활용하여 동적 테스트 수행결과를 log로 도출하고, log 분석 결과를 통해 소프트웨어 품질의 향상을 기대할 수 있는 방안을 제시한다.

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