• Title/Summary/Keyword: 형사사건기록

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A Study on the Development of Classification for Criminal Case Files (형사사건기록의 분류방안 연구 - 사안 파일(Case file) 관리를 중심으로 -)

  • Lee, Hyun-Jung
    • Journal of Korean Society of Archives and Records Management
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    • v.10 no.1
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    • pp.169-197
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    • 2010
  • The purpose of this study is to propose a different classification method for keeping a record of cases. After proving that criminal case files should be counted as one type of case files, based on their characteristics and characteristics, this research analyzes the current process of criminal case filling at Public Prosecutor's Office to point out some problems. This study suggests a new classification system: at first, each case gets classified based on a case: secondary, the data gets further assorted by the chronological procedures. The classification approach, which is adopted from MoReq 2's Workflow method, is more adjustable to the new electronic filing system.

Study of the Progressive Party Case Records through the Lens of Archival Science (진보당 형사사건기록에 대한 기록학적 고찰)

  • Lee, JuYoung;Jeon, HyunSoo
    • The Korean Journal of Archival Studies
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    • no.77
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    • pp.109-150
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    • 2023
  • Prior researchers interpreted the records of criminal cases involving the Progressive Party from a historical perspective. In marked contrast to existing trends, this study examines the Progressive Party case records through the lens of archival science. This study dissects the Progressive Party case records as a single and complete record group and at each stage of their life cycle from police investigation through criminal prosecution to trial. This approach enables a holistic analysis of archival characteristics of the records. This study begins with an appraisal of the nature and types of case records generated and maintained by the various agencies in light of the investigatory authorities delegated to each institution. This study then dissects the police, prosecution, and Counter Intelligence Corps records leading up to the indictment of Progressive Party members as well as the court records of the trial that followed. In particular, this study reveals the insufficiency and illegality of the evidence against the defendants in the Progressive Party case from an archival standpoint. Setting aside the admissibility or strength of the evidence under criminal law, the present study demonstrates that the records lack reliability, authenticity, and integrity-the fundamental attributes required for evidentiary efficacy of records from an archival standpoint.

A Study on the Improvement of the Filing Process and Implementing a Retention Period for Criminal Case Records (형사사건 기록 편철·보존기간 책정 개선방안 연구)

  • Park, Sung-Jin
    • Journal of Korean Society of Archives and Records Management
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    • v.17 no.2
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    • pp.189-205
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    • 2017
  • Since the legislation of the act for public records, there has been a remarkable growth in records management in Korea. Recently, how to efficiently handle digital records has become an urgent issue in Korea. However, the appraisal process for (selection) archives seems inappropriate. This study reviewed the problems of each archiving process for records created by police departments and prosecutors' offices. Based on the results of the review, I proposed an improvement plan for the selective and appraisal acquisition of records.

A Study on the Court Records Management System (법원기록관리체제 연구)

  • Lee, Seung-Il
    • Journal of Korean Society of Archives and Records Management
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    • v.10 no.1
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    • pp.31-53
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    • 2010
  • This paper historically examines how the management system of administrative records and court records generated in court were established, and what it's features are. Because the court exercises jurisdictional rights such as confirming the legal rights and responsibilities of Korean nationals, the court records have a unique characteristic compared to general administrative records. In particular, court records are not composed only of rulings generated in courts, but also of various records such as civil case records and criminal case records. In order to understand the legal records management system, we must first identify the method of preservation and management after these records, which have different provenance, pass the court procedures.

Term of Penalty Prediction using ChatGPT (ChatGPT 를 이용한 형사사건 양형 예측 연구)

  • Minhan Cho;Jinyoung Han
    • Proceedings of the Korea Information Processing Society Conference
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    • 2024.05a
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    • pp.784-785
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    • 2024
  • 형량 예측 연구는 법률 인공지능에서 가장 활발히 연구되고 있는 분야 중 하나이며, 비법률전문가의 사법 신뢰도 상승과 법률전문가의 업무 부담 완화에 긍정적 영향을 줄 수 있다. 본 연구는 형사 사건의 양형 예측에 ChatGPT 를 접목하여 입력된 사실관계와 유사한 선행 판례를 검색함으로써 형량 예측에 필요한 모델의 훈련 시간과 비용을 절감하는 접근법을 제안한다. 본 모델의 weighted F1-score 는 0.53 으로, 미세조정된 BERT 모델과 유사한 성능을 기록하였다.

New Government's Responsibility and Achievement in Records & Archives Management (공공기록물 관리에 있어 이명박정부의 책임과 '업적')

  • Lee, Seung-Hwi
    • The Korean Journal of Archival Studies
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    • no.18
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    • pp.257-280
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    • 2008
  • The purpose of this paper is reviewing the hot issue called 'draining away the presidential records' case occurred recently and finding the root cause why the state of affairs has been happened in Korea. Though the presidential records management law ensures the rights for the prior president to view his presidential records, the prior president has copied his presidential records produced while in office and moved to his private house at his retirement. He might have interpreted his right to his presidential records too broadly and done the 'draining away' them. There was a motive why the prior president did that at that time. The reason was because the National Archives didn't guarantee the services for right viewing the records to him who wanted to review his records from right after his retirement. The National Archives have judged the draining away the prior presidential records as illegal and accused a few public servants suspected to be responsible for the affairs. The formal accuser is the National Archives, but the actual accuser might be the current Presidential Secretariat. Whatever the results of juristic judgement are, the reason why the records management field should focus and treat this case importantly is that the collapse possibility of the protection wall needed essentially and critically to the Presidential records becomes very high. The root cause of this case might exist in the fact that the records and archives management organizations have not owned the political independence. But the National Archives has submitted the revised bill of the public records and archives management law which lower the position of the National Records Management Committee controlled under from the Prime Minister to the Ministry of Administration and Security. It might be hot concern that the records and archives management organizations have difficulty for keeping the political independence if the revision would be passed. Besides the political independence factor, the most important factor needed for the right records management is the establishing the professional specificity of records management. The specific action for the establishing professional specificity would be employing of specialists and introducing the open official appointment. But it was found from the reorganization after the governmental change that the professional specificity of the National Archives have been reduced. Although the policies introduced by the new government are worrying, it might be an inheritance from the prior government. If new government would build establish the institution for the political independence of the records and archives management organizations and expand the employment of the records management professions to the local government, these affairs can be not only the responsibilities but also the achievements of the new government.

The Production and Contents of Illustrations Used in the 'House Search Report' During the Japanese Colonial Period (일제강점기 '가택수색조서'에 사용된 도판의 생산과 내용에 관한 연구)

  • Kim, Jeong-Hee;Han, Dong-Soo
    • Journal of architectural history
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    • v.32 no.6
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    • pp.33-47
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    • 2023
  • The study confirmed the "house search report(家宅搜索調書)" containing criminal records during the Japanese colonial period, as well as the production process and the way of expressing the illustrations contained in them. It also explored architectural values through analysis of the location and use of the building. This records the discovery of evidence by searching the residences of those involved in the crime from 1919 to 1922. The illustrations contained in this record were not standardized, so the contents of the article differed depending on the author's background and cultural experience. Nevertheless, this painting reflects the regional characteristics of traditional houses located throughout the Korean Peninsula. It is also evidence that the house was used for cultural, commercial, and industrial purposes, beyond the general assumption that it was used only for residential purposes. The "House Search Report(家宅搜索調書)" provides information on ordinary buildings that existed as the background of everyday life, rather than buildings with a specific purpose or exceptional design. It is evaluated as an important resource for understanding the diverse life and spatial structures of buildings during that time.

Research on solution for protecting victim privacy of crime deposit with depository

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.25 no.5
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    • pp.209-216
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    • 2020
  • As depository system for negotiation or reimbursement to the victim in criminal case is reflected to consideration for diminishing punishment and hence, it is very important in the process. According to the current law, one needs to fill out victim's personal information such as name, address, and ID number for processing depository. However, if the victim is sexual violence victim, all the personal information is covered up becoming anonymous. Therefore, it becomes difficult for the accused person to get necessary information. Such covering up action is to prevent further second damage that may be caused such as threatening for the negotiation whereas victim has no willingness to forgive the accused. However, even if the accused person regrets his/her crime and make reimbursement to the victim, as they have no personal information on the victim it becomes impossible for them to make the depository. If we apply ESCROW system here it will allow victims to avoid any direct contact with the accused person as well as preventing any privacy disclosure. Also, for the accuse person, they can show how much they regret by making depository within their capability.

Measures for Enhancing System of Crime Victim's Information Protection (범죄피해자 정보보호법제의 개선방안에 대한 연구)

  • Lee, Kwon Cheol
    • The Journal of the Korea Contents Association
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    • v.16 no.10
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    • pp.175-187
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    • 2016
  • Protection of personal information has significant meaning in current information age. Information of crime victim is one of top in value in that divulgence of the information to perpetrators may threat safety of the victim or cause psychological demage as $2^{nd}$ harm if disclosed to public. Legal system protects the information with scattered statutes including Criminal Procedure Act. Existing studies have been limited to discussion of the single statute without integrated approach. Bearing necessity of the approach in mind, as issues of protection system this research proffers too broad subject of eligible inspection of case document, inactive practice of identity management cards and omission of personal information, and inappropriate punishment on the disclosure or divulgence. After reviewing systems of foreign jurisdictions to get useful implications, this paper suggests several measures with two separate aspect of legal provisions and protection practice.