• Title/Summary/Keyword: 형사소송절차

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A Study on Civil and Criminal Liabilities of 119 Rescue and Its Legal Protection (공무원인 119구급대원의 직무수행과 관련하여 발생할 수 있는 민$\cdot$형사상 책임과 그에 따른 법적 보호를 위한 대책에 관한 연구)

  • Bae Hyun-A;Yun Soon-Young;Jung Koo-Young;Lee Kyung-Whan;Kim Chan-Woong
    • Fire Science and Engineering
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    • v.19 no.2 s.58
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    • pp.45-62
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    • 2005
  • This thesis has defined the legal status of 119 rescue who plays a major role in the Korean prehospital emergency medical system and reviewed the various issues that may occur depending on work related legal liabilities. As a result, the purpose of this study was to represent the countermeasures for legal protection of 119 rescue required for the quality improvement of prehospital emergency medical system and as well as the countermeasures for risk management prepared for its related lawsuits. The legal liabilities of 119 rescue officers can be divided largely into public law liabilities and civil and criminal liabilities. In order to decrease the incidences of legal problems and provide the legal protection to rescue officers, the liability of supervising physician should be emphasized when the emergency medical practice is performed by a rescue officer under their supervision by consolidating medical control and the rescue officer should have legal liability on his emergency medical practice. itself Also, the emergency medical service guideline for 119 rescue officers should be prepared and their works should be performed according to such a guideline and procedures. In addition, the accurate legal documentation on emergency medical system from on-site to ER and related mobilization should be framed and preserved. Moreover, it is required to enact a new law such as the Good Samaritan Act or the Rescue Officers Protection Act.

Retrospect and Prospect of Medical Law 20th Anniversary (Medical Criminal Law) (의료법학 20주년 회고와 전망(의료형법 분야))

  • Ha, Tae Hoon
    • The Korean Society of Law and Medicine
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    • v.20 no.3
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    • pp.47-79
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    • 2019
  • The Korean Society of Law and Medicine has faithfully played the role of professional academic organizations last 20 years in terms of academic activities, accumulated achievements, diversity, professionalism, and influence on academic circles. The Korean Society of Law and Medicine and the Journal of Medical Law serve as a platform for academic information and exchange of opinions on medical law. Medical law began in the midst of increasing conflicts and disputes caused by medical malpractice and the enactment and legal coercion of medical care as pressure on medical workers. It tried to find a way to coexist with each other through the encounter and convergence of medicine and law. Medical criminal law extends from traditional crimes in the realm of life and body protection to bioethics violations caused by the development of biomedical technology, corruption and economic crime in the medical field. Medical law has evolved into a comprehensive legal area dealing with legal issues raised in medical treatment, healthcare, bioethics, and life sciences technology. On the legal side, medical law is not independent legal areas. It is overlapping with traditional law areas such as civil law, administrative law, criminal law, social law, civil and criminal procedure law. However, it is now established as a convergence study in medicine, bioethics, life science, as well as in various fields of law. It has become an area where collaboration is needed with the field of law, medicine, ethics, sociology and economics. Medical criminal law has undergone a dynamic development over the last two decades. The development of medicine and medical technology provides new and innovative methods of diagnosis and treatment. The achievements and risks of revolutionary developments in biotechnology, genetic engineering and medicine coexist. While there is a dazzling achievement that mankind has hoped for: combating disease and improving health, it also creates unwanted side effects and risks to humans. There is a need to reconsider ethical and legal principles. The discovery and development of patient identity and autonomy has changed the medical doctor-patient relationship. Furthermore, it was complicated by the triangle relationship of patients, medical doctors and insurance. Legal matters are also complicated. This is why the necessity of legislation is emerging. Criminal punishment provisions are also required. The Medical Law and Biomedical Law are systematically and coherently deformed as mosaic-based legislation that takes place whenever there are social issues, citizens' needs, and medical organizations' interests, rather than sufficient enactment and revision procedures. It needs a complete overhaul, and this is possible through interdisciplinary collaboration which is the strength of The Korean Society of Law and Medicine.

One-probe P300 based concealed information test with machine learning (기계학습을 이용한 단일 관련자극 P300기반 숨김정보검사)

  • Hyuk Kim;Hyun-Taek Kim
    • Korean Journal of Cognitive Science
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    • v.35 no.1
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    • pp.49-95
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    • 2024
  • Polygraph examination, statement validity analysis and P300-based concealed information test are major three examination tools, which are use to determine a person's truthfulness and credibility in criminal procedure. Although polygraph examination is most common in criminal procedure, but it has little admissibility of evidence due to the weakness of scientific basis. In 1990s to support the weakness of scientific basis about polygraph, Farwell and Donchin proposed the P300-based concealed information test technique. The P300-based concealed information test has two strong points. First, the P300-based concealed information test is easy to conduct with polygraph. Second, the P300-based concealed information test has plentiful scientific basis. Nevertheless, the utilization of P300-based concealed information test is infrequent, because of the quantity of probe stimulus. The probe stimulus contains closed information that is relevant to the crime or other investigated situation. In tradition P300-based concealed information test protocol, three or more probe stimuli are necessarily needed. But it is hard to acquire three or more probe stimuli, because most of the crime relevant information is opened in investigative situation. In addition, P300-based concealed information test uses oddball paradigm, and oddball paradigm makes imbalance between the number of probe and irrelevant stimulus. Thus, there is a possibility that the unbalanced number of probe and irrelevant stimulus caused systematic underestimation of P300 amplitude of irrelevant stimuli. To overcome the these two limitation of P300-based concealed information test, one-probe P300-based concealed information test protocol is explored with various machine learning algorithms. According to this study, parameters of the modified one-probe protocol are as follows. In the condition of female and male face stimuli, the duration of stimuli are encouraged 400ms, the repetition of stimuli are encouraged 60 times, the analysis method of P300 amplitude is encouraged peak to peak method, the cut-off of guilty condition is encouraged 90% and the cut-off of innocent condition is encouraged 30%. In the condition of two-syllable word stimulus, the duration of stimulus is encouraged 300ms, the repetition of stimulus is encouraged 60 times, the analysis method of P300 amplitude is encouraged peak to peak method, the cut-off of guilty condition is encouraged 90% and the cut-off of innocent condition is encouraged 30%. It was also conformed that the logistic regression (LR), linear discriminant analysis (LDA), K Neighbors (KNN) algorithms were probable methods for analysis of P300 amplitude. The one-probe P300-based concealed information test with machine learning protocol is helpful to increase utilization of P300-based concealed information test, and supports to determine a person's truthfulness and credibility with the polygraph examination in criminal procedure.