• Proceedings of the Korean Society of Computer Information Conference
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• 2020.07a
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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.

• The Journal of the Korea Contents Association
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• v.11 no.5
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• pp.302-307
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• 2011

The current criminal procedure law stipulates that dismissal cause this has to be true when the dismissal judgement. These regulations should be considered as limited by regulations or rules should be considered as exemplary is the problem. Depends on how you look at the difference in the range of dismissal judgement is encountered to. Therefore, this should be reviewed. Encountered to study the reason for the results referred to in Article 326 are valid reasons to limit. Appeals rejected the verdict abuse the rights of appeals, etc. are encountered to dismissal cause is because the restrictive rules. Therefore, the dismissal causes set forth in Article 326 as a guide only view limited because of regulatory reasons the rights of appeals encountered to abuse, etc. should not be included.

• Korean Security Journal
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• no.28
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• pp.33-56
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• 2011

This study is to practice a analysis of Q-methodological preference degree about the subjects on school curriculum centering around the views of the policemen in active service who are with Gwang Ju and Jeon Nam region. Concretely, this study mixed the subjects on school curriculum related to the police administration of universities located in Gwang Ju and Jeon Nam region and abstracted the twenty seven items as the final question point. Above this, this study integrated the similar or repeated subjects and drew up the question items through seperation process among the different subjects. After this, this study selected the twenty policemen as a first P-sample in active service presently on fourth month in the year 2011. In this process, this study eliminated the materials of six policemen who replyed unhonestly and selected the materials of ten-four policemen as a final effective sample. Furthermore, this study applicated a principal component analysis. This study practiced the I.II.III types of a preference degree analysis of the subjects related to the police administration. the concrete results are as follows: In a I type, the positive consent was showed in the subjects of criminal law, criminal procedure law, criminal speciality law and so on. In a II type, the positive consent was showed in criminal investigation science, emergency measure, the art of self-defence, criminal law, criminal procedure law and so on. In a III type, the positive consent was showed in criminal science, criminal investigation science, criminal procedure law, introduction to police science, police ethics and so on. On this basis, this study concluded the following common opinions. Firstly the actual and evidencial subjects which the policemen in active service feel as the commons were criminal investigation, criminal science, police ethics, criminal speciality law, criminal law business, police administration science, police law practice, emergency measure, the art of self-defence, general rules of civil law, administrative law and so on.

• The Journal of the Korea institute of electronic communication sciences
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• v.6 no.4
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• pp.533-537
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• 2011

The revision of the criminal procedure act in 2008 marked a great turnaround in the criminal trial system in our country, and the criminal trial system has been based on the trial priority principle from then on. People in general have been entitled to participate in criminal trials, which can be called the jury system, and their awareness of the law has consequently been taken to another level. And the principle of trial by evidence that requires fair process, explanation and scientific evidence is realized in a manner to be appropriate at people(jury)'s level. The prosecution was introduced a video recording system to ensure the efficiency of scientific criminal investigation and assisted every prosecutor's office across the nation to hire computer-added stenographers to back up the documentation of statements during video recording. The purpose of this study was to examine the Korean and foreign computer-added stenography systems and the prospect of computer-added stenography of the video recording system that has been utilized to make a scientific investigation. The effort by this study to look into the roles and prospect of computer-added stenography in the video recording system that has been introduced to improve the efficiency of scientific investigation, which the prosecution pursues, is expected to expedite the advancement of criminal investigation, to guarantee the protection of human rights and to shed new light on the importance and status of computer-added stenography in the trial priority principle.

• Informatization Policy
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• v.25 no.2
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• pp.3-19
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• 2018

With the introduction of video cameras into law enforcement, a great deal of police organizations have adopted the technology in their routine crime prevention activities. The up-to-date systems of ambient surveillance energized by CCTV, police wearable cameras, drones, and thermal imaging devices enable the police to thoroughly monitor public spaces as well as to rigorously arrest on-scene criminals. These efforts to improve the level of surveillance are often met with public resistance raising concerns over citizens' rights to privacy. Recent studies on the use of police video equipment have constantly raised the issues related to the lack of applicable legal provisions, risk of personal information and privacy infringement as well as security vulnerabilities. In this regard, the present study attempted to review the public surveillance methods currently used by law enforcement agencies worldwide within the context of public safety and individual rights to privacy. Furthermore, the present study also discussed the legal boundaries of police use of video equipment to address public concerns over privacy issues.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.23 no.2
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• pp.273-277
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• 2013

Recently, according with a sudden increase of records produced and stored by digital way, it becomes more important to maintain reliability and authenticity and to ensure legal effect when digital records are collected, preserved and managed. On the basis of domestic legal procedure law and record management-related legislation, this paper considered judicial admissibility of evidence on electronic records managed by National Archives of Korea and drew potential problems when these are submitted to court as a evidence. Also, this paper suggested a plan applying digital forensics technique to electronic records management to ensure admissibility of evidence about electronic records stored in National Archives of Korea.

• Convergence Security Journal
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• v.18 no.4
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• pp.35-43
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• 2018

Currently, digital evidence takes judicial discretion in adopting it, which does not clarify the criteria for adoption, and it can shorten the analysis time of digital evidence with distributed processing techniques. However, due to the development of cryptographic techniques, there is a problem in that it is not suitable for the 48 hour limit of the warrant request. In this paper, we analyze the precedents for admissibility of evidence and the probative power in the civil/criminal proceedings, and discuss the need for objective and detailed adoption criteria to replace judicial discretion. In addition, we'd like to propose a preliminary application form for analysis of digital evidence as a problem for limit time for warrant claims from the perspective of forensics and a solution to the problem.

• Korean Journal of Legislative Studies
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• v.17 no.3
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• pp.171-195
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• 2011

2007년 일본최고 재판소는 히로시마시 폭주족 추방조례사건에 대하여 헌법판단 회피의 이론에 입각한 합헌적 한정해석론에 따라 합헌결정 판결을 내렸다. 이는 기존의 판결내용을 답습한 것에 불과 하였지만 합헌적 한정해석이라는 헌법해석의 방법론에 관한 의미를 한번 되새기는 계기가 된 사건이다. 이 법리에 의한 것으로는 1980년대의 청소년보호조례사건이 유명하다. 이 두 사건은 하나는 공안사건이고 다른 하나는 풍속에 관한 사건이라는 점에서 차이가 있다. 폭주족 추방조례사건은 합헌적 한정해석의 법리가 적용될 여지가 있다고 보이지만 청소년보호조례사건과 같은 풍속에 관한 사건에서는 이 법리를 적용하는 것은 무리라고 생각된다. 왜냐하면 청소년보호조례사건에서는 음행, 난잡한 성행위라는 너무나 막연하고 애매한 개념을 사용하고 있어 형사절차에서의 대 원칙인 죄형법정주의에 위배될 소지가 있으며 성적 자기결정의 자유를 규제할 때에는 이에 따른 필연적인 이유가 존재해야 함에도 그렇지 못하다는 문제점과 일반국민에게 지나친 심리적 위축을 초래할 수 있다는 점에서 위헌논란이 제기되었다. 그럼에도 일본 최고재판소는 이를 합헌적 한정해석의 법리를 원용하여 위헌선언하기를 꺼려온 바 이는 헌법판단회피를 의도적으로 하는 것으로 지나친 사법소극주의적 태도라고 하지 않을 수 없다. 법원은 사건의 중대성이나 위헌상태의 정도 그 파급효과의 범위, 구체적 사건에서 문제가 되고 있는 권리의 성질등을 종합적으로 고려해서 충분히 이유가 있다고 판단되는 경우에는 헌법판단회피의 준칙에 따르지 않아야 하며 헌법판단을 적극적으로 할 수 있다고 해석하는 것이 타당하다고 생각된다.

• The Journal of the Convergence on Culture Technology
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• v.5 no.1
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• pp.127-137
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• 2019

In this study, I set the allowable range of viewing / copying rights of investigation records on criminal victims and bereaved families in the procedure of investigation. I tried to grasp the contents of the suspect's statement at an early stage and support it in order to cope appropriately Recently, the social consideration of people suffering from crime victims is expanding in fact. The scope of the investigation is set by the lawyer of the suspect in relation to the subordinate statute concerning the investigation and reading of the investigation record. In parallel, it is necessary to apply to the victim's lawyer or bereaved. This is a part that coincides with the purpose of certifying private rights such as browsing of litigation records to the victim and ultimately has a purpose related to the allowable range. Although it is the right to receive the investigation result at each stage, it is not used properly. Especially when distorted investigation progresses, if the suspect is not prosecuted, the victim may be in a state of regret. The important part can be summarized as the question of whether the investigation of the victim's lawyer is allowed to view and access the criminal records. This section has been reviewed with a focus on the current Act and its functional aspects should be emphasized and revised in accordance with the legal environment. These findings will contribute to ensuring victims' rights in the future. It is also used as an important resource in the legislative process, including the revision of the criminal procedure law.

• The Journal of the Korea Contents Association
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• v.16 no.9
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• pp.531-544
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• 2016

Victim Impact Statement, adopted as a crime victims' right, has been implemented in Korean criminal justice system since 2007, and known that the statement enlarges victims' right in courts and alleviates their suffering resulted from the crime. The statement, however, has raised concerns of infringing on a defendant's procedural rights. Scholars and practitioners had focused more on the legal issue, overlooking psychological effect of the statement to decision-makers in courts. This research reviews fallacy of impact assessment and therapeutic effect from psychological perspective, and also suggests alternatives to assuage the concerns by admission of the statement.