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

• Journal of Korean Medical Ki-Gong Academy
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• v.11 no.1
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• pp.117-143
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• 2009

The community of women into society in various fields is expanding, and married late, and accordingly, the first child birth is increasing age. Accordingly, dystocia has also increased. Listed in the literature that the traditional method of birth seemed to oriental medical interpretation of one of the ancient wisdom of the predecessors to explore. The result of this study is summarized as follows. 1. Child birth custom divide into childbirth preparation, childbirth and postpartum care. Postpartum care divide into preparation of the birthplace, food for pregnant woman and birth preparation of the necessary things. 2. Preparation of the birthplace of the court case and that qeen is three months, one month before that in the case of concubines were installed. The difference in manners, and actual number but the configuration of the same item was prepared. In the private, birthplace is installed husband's home or parent's home. 3. Rice and seaweed is food for pregnant woman. San Miguel (产 米), sangwak (山 藿) specifically called was selected by Keep elaborate. 4. 1 month before birth to baby clothing is usually prepared. For the safe of a paturient woman and a baby, magical prescription was practiced in so-guk-so(昭格署) in early chosun dynasty. After so-guk-so(昭格署) abolished magical practice was stopped. Then Wore old clothes based on dong-ui-bo-gam(東醫寶鑑) 5. Im-san-ye-zi-bub(臨产豫智法) specifically to instruct the royal birth is the birth of guidelines. Im-san-ye-zi-bub(臨产豫智法) cosist of birth place, abdominal pain Precautions, food, care after childbirth, remove the plecenta posion, method of cut navel, bath, protection. Through various court records of the situation, according to the guidelines are properly applied based on dong-ui-bo-gam(東醫寶鑑).

• Journal of Arbitration Studies
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• v.17 no.2
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• pp.3-21
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• 2007

Arbitration is a private and contractual means of dispute resolution. As a creature of contract, any particular arbitration owes its existence-and attendant limitations-to an arbitral agreement. This means that, in practice, the parties select their own judges, forum, and rules. By agreeing to arbitration, parties hope to achieve several goals. And arbitration has proven to be quicker, cheaper, and more predictable than litigation as a means of resolving many types of claims. As a primary method of conflict resolution, it is now worthwhile to consider carefully any procedural mechanism designed to promote the central aims of this alternative to litigation. It is helpful to frame any particular analysis according to (1) the type of decision for which preclusive effect is sought (arbitral award or court judgment) and (2) the type of subsequent proceeding in which preclusion is sought (an arbitration or a litigation). Res judicata may well bar litigation of that claim between the parties, but non-parties (affiliates or individuals) will not benefit from this bar unless the arbitral tribunal makes findings sufficient to satisfy the elements of collateral estoppel. The final permutation to be considered involves an arbitral award's preclusive effect on a subsequent arbitration. Whether a prior court decision should preclude issues or claims in a subsequent arbitration presents the easiest case for analysis. It is the easiest primarily because there is generally little room to debate whether adequate procedures were followed in a litigation. That is, one can safely assume that the rules of evidence and the rules of civil procedure were followed and that formal records sufficiently memorialize both the proceeding itself and the ultimate decision. Procedural regularity is mentioned not necessarily because it is an analytic tool, but because so many jurists and scholars see it as an impediment to the application of preclusionary doctrines.

• The Korean Journal of Archival Studies
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• no.43
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• pp.103-145
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• 2015

This study is intended to examine the present condition and management of Korean civil litigation between 1895 and 1905, during which the traditional korean legal system had undergone a significant reform until it was finally incorporated into the Japanese colonial counterpart. Civil litigation is important in historical archiving, in that we can understand archiving over time, the governing structure and our national identity. However at times we are not able to use them practically. The ultimate goal of preserving and maintaining the archives is to use them practically. The effective use of archives should be supported by their systematic management and access to a high standard. Therefore, the second main theme of this study is to propose to unveil civil litigation to the public for professional studies. Firstly, we should make a list of civil judgments from a management perspective. Secondly, we should inform people of the civil justice rulings through publicity activities such as contents creation, exhibition, documentary creation, education and so on. Thirdly, the historical archives of the civil litigations should be preserved apart form records. Fourthly, I should propose that we offer curriculum about interpreting and understanding history archives for strengthening of our expertise. Civil judgment of Guhanmal-Japanese is invaluable as it explains the history of our culture. Results of Conservation and utilization will be a valuable resource and invaluable to study.

• Convergence Security Journal
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• v.13 no.5
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• pp.137-145
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• 2013

The most important thing in the trial reveal the truth regardess of civil trial or criminal trial. The criminal procedure should be amended to guarantee victims the right to attend court hearings, to receive information about the progress of their case. But the new Criminal Procedure Law 2007 stipulated merely reading right of investigation records after prosecution while reading and printing rights prior to prosecution were not legislated. All sections of the criminal justice process must ensure that the process of dealing with the offender should not increase the distress or add to the problems of victims of crime in secondary victimisation. Reading and printing rights of prior to prosecution should be stipulated at earliest to protect the criminal victims and to prevent the secondary victimisation, The purpose of this study is to practically protect the right of the victims on the criminal procedures.

• The Journal of Korean Medical History
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• v.26 no.2
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• pp.149-160
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• 2013

King Sunjong was the 27th King and the last King in the Joseon Dynasty. He lived an unhappy life as the prince and the King of perishing country. At the age of 22, He witness the death of his mother Queen Myeongseong by Japanese assassin. He has a weak constitution and have many diseases. He get varicella(水痘) in infancy, and suffered from smallpox(紅疫) at 6, and catched the measles(天然痘) at 12. At the age of 25, Having drunk the coffee that contained opium(阿片), he had bloody excrement(血便) and lose the 18 teeth. The Symptoms that appeared frequently at adult age are indigestion(滯症), diarrhea(泄瀉), trophedema(足部浮腫), odontopathy(齒科疾患) etc. This indigestion(滯症) and diarrhea(泄瀉) are occurred by gastroenteropathy(胃腸病). This odontopathy(齒科疾患) is the aftereffect from having 18 false teeth. We assume that this trophedema(足部浮腫) is occurred by cardiac disease(心臟病) and renal disease(腎臟病). The chronic diseases of King Sunjong are gastroenteropathy(胃腸病), renal disease(腎臟病), cardiac disease(心臟病), rheumatism. We assume that the immediate cause of his death is the aggravation of the renal disease(腎臟病) and cardiac disease(心臟病). The medical treatments for him are hardly included in "Formal Records of the Joseon Dynasty(朝鮮王朝實錄)" which is the prime governmental document. Many royal doctors in court used the traditional Korean medicine, but western doctors from Japan often treated him by medical techniques such as injection(注射), consperg(散藥), liquid medicine(水藥).

• (The) Research of the performance art and culture
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• no.34
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• pp.173-214
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• 2017

This study examines and compares music-related records in the mubo (舞譜; choreography notes) written by Sung Gyeonglin (成慶麟, 1911 - 2008), based on the records of 11 kinds of jeongjae (the music and dance performances at the royal court) found in Lee Byungseong's (李丙星, 1909 - 1960) Changsa and Jungjaecheol (呈才及唱詞綴). Even though these records are personal, they provide valuable information about the mubo of the Iwangjikaakbu (the Royal Music Institute) during the period of Japanese colonization. The eleven kinds types of jeongjae-'Cheoyongmu (處容舞)', 'Hyangryungmu (響鈴舞)', 'Mugo (舞鼓)', 'Bosangmu (寶相舞)', 'Chunangjeon (春鶯?)', 'Gainjeonmokdan (佳人剪牧丹)', 'Suyeonjang (壽延長)', 'Mansumu (萬壽舞)', 'Bongraeeui (鳳來儀)', 'Jangsaengboyeonjimu (長生寶宴之舞)', and 'Musanhyang (舞山香)'-can be largely divided into two types: Dangak (Tang dynasty music) and 'Hyangak (traditional Korean music).' The former is distinguished musically by whether or not the jukganja appears. For the appearance of the jukganja in 'Sujeyongjang', 'Bongraeeui' and 'Jangsaengboyeongjimu', the 'boheojaryung (步虛子令)' was used and given the impressive name of jangchunbullojigok (長春不老之曲).' The term punggyungjigok (豊慶之曲)' was used for music that guides a group dance and dancers. For the latter, hamnyungjigok (咸寧之曲) was performed during the development of the dance, and the pungungyeonghoijigok (風雲慶會之曲) was played at the end of the piece. As for the accompaniment for the jeongjae performed by the Iwangjikaakbu, it is significant that various elaborate names were attached to Sangryungsan, Jungryungsan, Seryungsanm, Garakdeoli, Samhyunhwanip, Yeombulhwanip, and taryung (the traditional Korean ballad), which were all parts of 'Samhyunyoungsanhoesang (靈山會上).' Specifically, the 'Hyangdanggyoju (鄕唐交奏)' in 'Jeongjaemudoholgi' was accompanied by various melodies of the 'Samhyunyoungsanhoesang', which were given extravagant names. These are the personal records of the Iwangjikaakbu mubo that were retained by Lee Honggu (李興九, b. 1940), who owns the 'Hakyeonhwadaehapseolmu.' Among them, the ten kinds of jeongjae found in the notes of Sung Gyeonglin are often referred to as 'mueui (舞儀)' and widely used for research on individual jeongjae performances and the history of their development. The notes of Lee Byungseong have not been investigated thoroughly until now and this is the first study that provides a comparative analysis of the notes of Lee Byungseong and Sung Gyeonglin. This investigation is expected to contribute to the further research and knowledge of the jeongjae performance during the period of Japanese colonization.

• Journal of the Korean Society of Costume
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• v.61 no.5
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• pp.147-163
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• 2011

King Jeong-jo (正祖) was the 22nd king of Joseon dynasty (朝鮮王朝), who led the golden age of Korean culture during his ruling. This study is on the burial dressing of King Jeong-jo based on the publications during his ruling; such as "Gukjo Sangrye Bopyeon (國朝喪禮補編)", "Chungwan Tonggo (春官通考)", Jeong-jo "Gukjang Dogam Euigwe (國葬都監儀軌)", "Jeongjo Binjeon Honjeon Dogam Euigwe (正祖殯殿魂殿都監儀軌)" and "Jeong-jo Sillok (正祖實錄)", "Gukjo Sangrye Bopyeon (國朝喪禮補編)" was published in 1758. It compiled the funeral protocols of royal court, complementing the shortcomings of protocol documents published till then. "Chungwan Tonggo" was published in 1788, compiling all the protocols and customs practiced during Joseon dynasty in an organized manner. "Jeong-jo Gukjang Dogam Euigwe" and "Jeongjo Binjeon Honjeon Dogam Euigwe", record the burial dressing and the state funeral of King Jeong-jo in detail based on the contents of above protocol publications. In addition, the 'Daeryeom Euidae ', 'Soryeom Euidae', 'Seup Euidae' and 'Mokyok Euidae' that had been actually practiced were studied in detail based on the records in June/July, 1800 in Book 54 'Jeong-jo' of The Annals of the Joseon Dynasty. The timing of King Jeong-jo's state funeral was when the most elaborated and complete protocol books of Joseon dynasty had been published. Therefore, it was possible to explore the solemn and magnificent funeral culture and King's burial dressing in late Joseon dynasty by way of King Jeong-jo's burial dressing.

• Journal of the Korean Society of Clothing and Textiles
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• v.2 no.1
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• pp.177-183
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• 1978

Byul-Gam is a low-ranking official who takes charge of sundry services in Yi-Dynasty court, and escorts his king when he make a honored going. Uniforms of Byul-Gam are noted for their gaiety. This study aims at inquiring into uniforms of Byul-Gam through historical records. The resultant findings are as follows: 1) Uniforms of Byul-Gam are divided into full dress and ordinary clothes. 2) The full dress has two kinds of style. One is Dan-Ryung, a kind of robe, clad together with Gun as a headdress. This robe is blue, Gun for king's Byul-Gam violet, and Gun for the Crown Prince's Byul-Gam blue. The other is a combination of yellow Cho-Rip and red Chup-Ri. This is a military uniform. 3) Ordinary dresses for Byul-Gam are orange Cho-Rip and red Jik-Ryung. Underwear in this case is Hyup-Joo-Um and Chup-Ri. Hyup-Joo-Um is a kind of robe. Inside it Korean style of jacket and slacks are usually clad. 4) As time passed, the uniform of Byul-Gam had been changed from Cheong-Dan-Ryung to Hong-Dan-Ryung, and Jik-Ryung had been shifted to a full dress. 5) Only five remains of Jik-Ryung for Byul-Gam have been handed down to us. The analysis of those indicate that they gradually became similar to Duru-Magi, a kind of Korean robe. This fact is common in the other transfiguring process of dresses of robe kind.

• Journal of Korean Medical classics
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• v.33 no.3
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• pp.49-61
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• 2020

Objectives : The purpose of this paper is to collect basic data about Seo, Byung-Hyo and lay the groundwork for future analysis of his medical ideas. Methods : The life of Seo in regards to family and relationships was reconstructed through his genealogy and newspaper articles. His medical ideas were analyzed through the treatment records in books and historical material. Results : 1. Seo was primarily a clinician rather than a social worker throughout the Korean Empire and Japanese colonial era. 2. 『Summary of Experienced Old Prescriptions (經驗古方要抄)』 was a concise book that mainly took after the 『New Edition on Universal Relief (濟衆新編)』, supplemented by contents from the 『DongUiBogam(Treasured Mirror of Eastern Medicine)』. 3. It is meaningful that Seo's book restored and developed the single-ingredient prescription tradition of the 『DongUiBogam(Treasured Mirror of Eastern Medicine)』. 4. Seo faithfully followed the tradition of royal court medicine and utilized new prescriptions that were proven effective. Analysis of the prescription contents of 『A royal palace's diary(內殿日記)』 displays such characteristic. Conclusions : Seo, Byung-Hyo could be regarded as a clinician who faithfully inherited and developed 『DongUiBogam(Treasured Mirror of Eastern Medicine)』 and 『New Edition on Universal Relief (濟衆新編)』.