• Journal of the Korea Society of Computer and Information
• /
• v.24 no.1
• /
• pp.217-224
• /
• 2019

The intelligent robot industry is a complex which encompasses all fields of science and technology, and its marketability and industrial impact are remarkable. Major countries in the world have been strengthening their policies to foster the intelligent robot industry, but discussions on liability issues and legal actions that are accompanied by the related big or small accidents are still insufficient. In this study, therefore, the patent law by artificial intelligence robots and the legislation for relevant legal actions at the criminal law level are presented. Patent law legislation by artificial intelligence robots should comply with the followings. First, the electronic human being other than humans ought to be given legal personality, which is the subject of patent infringement. Even if artificial intelligence has legal personality, legal responsibility will be varied depending on the judgment of whether the accident has occurred due to the malfunction of the artificial intelligence itself or due to the human intervention with malicious intention. Second, artificial intelligence as a subject of actors and responsibility should be distinguished strictly; in other words, the injunction is the responsibility of the intelligent robot itself, but the financial repayment is the responsibility of the owner. In the criminal law legislation, regulations for legal punishment of intelligent robot manufacturing companies and manufacturers should be prepared promptly in case of legal violation, by amending the scope of application of Article 47 (Penal Provisions) of the Intelligent Robots Development and Distribution Promotion Act. In this way, joint penal provisions, which can clearly distinguish the responsibilities of the related parties, should be established to contribute to the development of the fourth industrial revolution.

• Journal of Information Technology Services
• /
• v.19 no.3
• /
• pp.57-73
• /
• 2020

The proportion of digital evidence in criminal cases has increased, while at the same time, the spread of the Internet has made it easy to delete information that is stored in another place and thus, the Internet is being used to delete online criminal evidence. To respond quickly and effectively to cybercrime, 29 countries signed the Convention on Cybercrime in 2001 through the Council of Europe. Article 16 of the Convention relates to the expedited preservation of stored computer data and requires signatories to adopt legislative measures to enable its competent authorities to order expeditious preservation of specified computer data where there are grounds to believe that the data is particularly vulnerable to loss or modification. More than 60 countries have joined the Convention since 2001 and have made efforts to improve their legal system in line with it. The United States legislated 18 U.S.C. § 2703(f) to preserve electronic evidence pending the issuance of a court order. The German Code of Criminal Procedure §§ 94~95 allows prosecution authorities to seize evidence or issue production orders without court control in urgent circumstances. A custodian shall be obliged to surrender evidence upon a request that evidence be preserved, and non-compliance results in punishment. Japan legislated the Criminal Procedure Act § 197(3) and (4) to establish a legal base for requesting that electronic records that are stored by an ISP not be deleted. The Korean Criminal Procedure Act § 184 outlines procedures for the preservation of evidence but does not adequately address the expeditious preservation of digital evidence that may be vulnerable to deletion. This paper analyzes nine considerations, including request subjects, requirements, and cost reimbursement to establish directions to improve the legal system for the expedited preservation of digital evidence. A new method to preserve online digital evidence in urgent cases is necessary.

• Proceedings of the Korean Institute of Building Construction Conference
• /
• 2023.05a
• /
• pp.381-382
• /
• 2023

Frequent accidents occur when workers at construction sites leave the safety zone, and particularly in the past 5 years, 9 fatal accidents occurred at the Korea Railroad Corporation due to train accidents on other tracks during track work. With the Severe Accident Punishment Act taking effect in January 2022, it is a priority to secure a safe work environment for workers at industrial (construction) sites. Therefore, there is a need to manage workers' departure from the safety zone (construction zone) and to facilitate communication within the construction zone. In this study, a mobile edge computing CCTV system is proposed that uses geofencing to determine whether workers are working in the danger zone, which can judge and respond in real-time to the ever-changing field environment. The proposed system is mobile and flexible, rather than server-based fixed CCTV. However, since it is designed mainly based on images, it has limitations in recognition rate depending on the environment such as distance, viewing angle, and illumination. As a way to compensate for this, it is required to develop more reliable equipment by combining technologies such as LiDAR and Radar.

• Korean Journal of Child Studies
• /
• v.8 no.2
• /
• pp.45-60
• /
• 1987

This research examined children's perception of parental authority within three different types of rules : moral, social-conventional, and personal issue. Specifically, two major aspects of parental authority-legitimacy and obedience-were explored. The subjects of this study were 120 children from an elementary school in Kwangju. There were 40 subjects (20 males and 20 females) in each of three age groups: 7-, 9-, and 11- year-olds. The subjects were administered an interview individually. Based on Tisak (1986) open-ended questions concerning three family rules (moral rule, social-conventional rule, personal issue) were administered. Responses to the assessment questions were coded as positive or negative. Responses to the judgment conception questions were coded into 7 categories : Other's Walfare, Social Coordination, Personal choice, Deservedness of Punishment for Wrongdoing, Existence of Authority, Conflicting Personal Interest and Authority, and Personal Development. Statistical analysis of obtained data was by percentage and ${\chi}_2$ test using log linear procedure. The results were as follows : (1) There was a significant main effect of type of rule on the children's assessment regarding legitimacy and obedience of parental authority. The children (average 96%) stated that it was all right for parents to make rules prohiliting an act when it pertained to moral and social conventions. However, the majority of the children (average 40%) stated that it was not right for parents to regulate personal issues. (2) There was a significant interaction effect between type of rule and age. (3) There was a significant main effect of rules on the children's judgment conception of parental authority. (4) There was a significant interaction effect between rules and ages on children's judgment conception of parental authority.

• Journal of Digital Convergence
• /
• v.10 no.7
• /
• pp.107-114
• /
• 2012

Self-defense is defined as 'an act which is performed in order to prevent impending and unjust infringement of one's own or another person's legal interest'(Article 21, the Criminal Act). To establish such a self-defense, it is generally suggested that it requires an intent for defense as subjective element as well as objective precondition of impending and unjust infringement of one's own or another person's legal interest' and considerable reason. Intent for defense which means an awareness for objective circumstance of self-defense is recognized as objective justification element for self-defense. With regard to intent for defense, there are various discussions on not only necessity of such an intent for defense but whether it is necessary for both actor's recognition of circumstance and specific purpose or motive and which should be applied for its punishment in case of lack of the intent for defense: consummated, unconsummated or semi-consummated. However, there is no clear regulations. This article reviews the contents of intent for defense based on opinion that it is necessary for intent for defense and then examines contents on criminal effect in case of lack of intent and intent for defense in case of criminal negligence.

• The Korean Society of Law and Medicine
• /
• v.21 no.1
• /
• pp.33-67
• /
• 2020

The hospitals that are owned by non-medical personnel result when non-medical personnel with resources conspire with newly graduated medical doctors who cannot afford the enormous amount of capital required at the beginning of the establishment of a medical institution. Such hospitals, though they may have met the external requirements as medical institutions, disrupt the medical market as it should be centered by medical personnels, In addition, such hospitals are causing a huge social problem as it is illegally receiving and reducing various benefits such as medical care benefits and subsidies from the government, resulting in a significant financial leak in the national health insurance. The illegality of the opening of a non-medical personnel hospital is so high that it nullifies the contractual arrangement for the establishment, imposes criminal penalties on all persons involved in the establishment under the Korean Medical Law, and imposes administrative sanctions on medical personnel. In case the hospital was aware of the illegality of its opening, but had applied to receive medical care benefits from the National Health Insurance Act and the Medical Care Act, such actions will result in the return of the benefits under the National Health Insurance Act and the Medical Care Assistance Act, subject to the penalty for the crime of fraud, and aggravated punishment for specific economic crimes based on the amount of gain, as well as civil liability for torts. In this study, we will examine the current status of the regulations on the non-medical personnel hospital and present the basis for future legislative directions by looking at the legal regulations and the attitude of the precedents.

• Journal of the Korea Safety Management & Science
• /
• v.24 no.3
• /
• pp.15-21
• /
• 2022

This study examined the certification effects of safety and health management system (SHMS) on the establishment level of SHMS and accident statistics in construction industry. This study obtained the establishment level of SHMS for 106 construction companies surveyed from our previous study. In addition, three major accident statistics (mortality rate, accidental mortality rate, and injury rate) for the companies were collected from the database in Korean Occupational Safety and Health Agency. The statistical analysis results revealed that the establishment level for SHMS certified companies was significantly higher than those for uncertified or certification preparing companies. Furthermore, SHMS certified companies showed significantly smaller accident statistics compared to uncertified or certification preparing companies. The results of this study support the positive effects of SHMS on reducing major industrial accidents in construction companies.

• Journal of the Korea Society of Computer and Information
• /
• v.25 no.4
• /
• pp.189-195
• /
• 2020

The whole world is anxious that aircraft could be used as a tool for terrorism after 9/11. The disappearance of Malaysia Airlines is again adding to fears about aircraft. Because these aircraft attacks cause many human casualties, the purpose of the study is to analyze the problems in the current air security system and to present alternatives. The methodology of the study used a literature research methodology to review the current status of aircraft terrorism and related regulations, such as current aviation-related laws and anti-terrorism laws, and prior studies. The purpose of the Chapter is to present an aviation security system that promotes the safety of air traffic through the prevention of aircraft terror by presenting the roles and improvement measures of aviation security personnel, foreign police officers, intelligence agencies, and legal blind spots and flaws.

• The Journal of the Convergence on Culture Technology
• /
• v.8 no.5
• /
• pp.631-639
• /
• 2022

Recently, the government is trying to change the paradigm of occupational safety by enforcing the entire revision of the Industrial Safety and Health Act and the Punishment of Serious Accidents Act with the goal of reducing the occupational accident and death rate by half. In particular, small-scale workplaces with less than 50 employees or less than 100 million won have difficulties in establishing a safety and health management system due to lack of safety and health management competency and lack of will of business owners. Therefore, this study attempted to identify problems and suggest improvement measures through an expert survey on the overall business area of the small business safety and health technology support project, which is one of the government's policies.

• Korean Security Journal
• /
• no.58
• /
• pp.195-213
• /
• 2019

「Security Services Industry Act」made in 1976 for the purpose of contributing to the good operation of services industry by establishing the requirements for promotion, development and systematic management of services industry has been since 26 times of overall revisions. Period division of private security through overall revision of 「Security Services Industry Act」 can be roughly divided into three periods. The first is a settlement period. It is a period when the present five business areas were completed rom 1976 to 2001. Beginning with facility and escort security in 1996, five types of jobs have been prepared. so far by adding personal protection in 1996, and machine and special security in 2001. The second is a quantitative growth period. It is a period when quantitative development is made on the institutional basis. As various culture, sports and arts events are increasing based on the demand of security services due to an increase in the people's sense of security, quantitative development was made, which additionally influenced the downward trend of capital and the possibility of having two jobs through revisions. The third is a qualitative growth period. From 2013 to the present is a period when quantitative growth has slowed and qualitative growth has been made. After the period of quantitative growth, the growth slowed down. However, by raising the criteria for permission of services industry through creation of a rule for the group civil petition, by raising capital, by institutionally compensating for diverse punishment regulations, by realizing the training hours for new security guards, by permitting private education, etc, the reliability and professionality of a security guard job has been to be recovered.