• Convergence Security Journal
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• v.22 no.2
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• pp.121-130
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• 2022

Recently, as soldiers are allowed to use mobile phones, cases are frequently transferred from the police to the military due to criminal acts, and digital evidence is collected separately from the reliability of previous investigations, such as overlapping seizure and search procedures. In this study, through in-depth interviews with practitioners in charge of digital evidence in the military, police, and courts, problems related to digital evidence handling, such as infringement of evidence ability due to overlapping human factors and procedures, are derived and analyzed. The presented procedure verified the effectiveness of the procedure through case analysis, and is expected to contribute to the guarantee of the evidence capacity of digital evidence and the efficiency of handling cases.

• Journal of the Korean Institute of Landscape Architecture
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• v.48 no.4
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• pp.8-18
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• 2020

This study selected landscaping-related precedents among Supreme Court decisions to which the Basic Construction Industry Act and Civil Litigation Act were applied, and divided them by year, by sector type, and by litigation type according to the cause of the litigation, and examined time-series trends and the main characteristics of landscaping-related litigation. As a result of the analysis by year, it became apparent that litigation cases began to appear in earnest in 1977, similar to when landscape licenses were first issued. The types according to the cause of the litigation were analyzed by dividing them into 'planning', 'construction', and 'management'. Among them, 'planning' was the most frequently identified (409 cases). Various precedents were searched according to 'construction', and some of them were found to be due to unclear legal standards related to landscaping. In 'management', cases such as safety accidents and crimes were considered. The users, legal definitions, and purposes of the space served as the basis for judgments. As a result of analysis by case type, there were many administrative landscaping-related cases, and the proportion of criminal cases in the management type was the highest. The results of this study looked at precedents across the entire landscape industry, and it was significant that it provides basic data that could be used by the general public as that they were categorized by field. In the future, amendments to the law and various studies should be conducted to reduce and resolve disputes, and it is necessary to expand the publicity of precedents for this purpose.

• The Journal of the Korea Contents Association
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• v.11 no.12
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• pp.734-741
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• 2011

The beginning that the 'Obstruction of Justice' in the United States is commonly known to Korea is through the impeachment of former president W. J. Clinton in 1998. The 'Obstruction of Justice' in the federal law of the United States is comprehensively provided with a general and a particular rule laying emphasis on the obstruction of legal judiciary proceedings. But, according to the Korean Criminal Act and court decisions, there are no such system like the 'Obstruction of Justice' in the United States. In this result, in terms of the criminal-judicial system, some cases even telling a lies has more benefits than revealing the truth and it is discouraged to cooperate the achievement of judicial justice, which make difficulties in investigation and realizing real truth. For this reason, the Ministry of Justice in Korea makes efforts to introduce the 'Obstruction of Justice'. Nevertheless we should examine from all angles that the introduction of 'Obstruction of Justice' is indeed the alternative in our circumstances. Most of the discussions on the introduction of 'Obstruction of Justice' and also the revised bill of the Ministry of Justice are questions of 'False Statement of Suspect and Witness' for investigation of investigative agency, rather than for the introduction of a general rule on the 'Obstruction of Justice'. The introduction of 'False Statement of Suspect and Witness' for investigation of investigative agency needs to consider concern about human rights infringement and witness protection system should be reinforced in the first place. In other words, the introduction of 'False Statement of Suspect and Witness' for investigation process of investigative agency is undesirable now.

• Korean Journal of Construction Engineering and Management
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• v.17 no.1
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• pp.119-127
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• 2016

Since May 23, 2014, the Construction Technology Promotion Act has been effect through the entire reform of the Act. Despite the extensive reform, the previous penalty articles remain intact. According to the article 85 (1), especially, if a service provider or an engineer has caused death or injury by violating the duty of good faith and by damaging the principal parts of facilities, the person should be sentenced for lifetime imprisonment or imprisonment for no less than three years. The article has been controversial in its clarity and adequacy. This study is to verify the characteristics and the scope of the article and to suggest the theoretical backgrounds by analyzing the article based on the principle of legality, which enables to set forth the possibility to improve the article. To achieve the goal, the provision has been analyzed in accordance with the basic laws in Korea including the constitutional law and the criminal law, the related cases have been collected, and the comparison of the relevant acts has been executed. The detailed discussion about the articles in laws and acts on construction and the long-term and integrated study are expected to vitalize through this research.

• Journal of Digital Forensics
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• v.12 no.3
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• pp.109-120
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• 2018

The smartphone is the communication device that is the most personal to the user, and it keeps a lot of information related to the user and makes information communication with other devices. With these characteristics, forensics on smartphones are one of the most basic methods of investigation in criminal investigations, and have actually contributed to the settlement of the case by providing many clues. However, recently, it is designed to encrypt data stored as a social issue related to the protection of user's personal information, or to delete deleted data or to delete log data together. So, any solutions? In this paper, I try to find the answer from cloud data stored by smartphone user account. Cloud forensics should approach complementary relationships rather than smartphone forensics. There are a lot of data stored in the cloud that can be meaningfully used in the investigation. Online activity information of users, such as Internet usage, YouTube view, and contents purchase information, cloud service such as e-mail, cloud drive, and location information are the most representative data. These data can be unvaluable, but here are some important clues in various types of criminal investigations. In this paper, I propose a method to extract data from the google cloud so that the data can be used for investigation, and to utilize the extracted data for investigation. And it explains the role of the extracted artifacts in the actual investigation business through virtual cases and proves its value.

• Korean Journal of Forensic Psychology
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• v.11 no.3
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• pp.329-347
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• 2020

When a person suggests an estimate under uncertainty, (s)he tend to rely on the information and number provided in advance. As a result, their final estimate would be assimilated to the initial value. This phenomenon is called "anchoring effect". The present research examined anchoring effects observed in law courts. Sentencing decision of jurors can be influenced by the sentence demanded by the prosecutor. Specifically, this study demonstrated the condition in which anchoring effect would be stronger and practical solutions for lowering anchoring effect. Study 1 demonstrated whether gravity of criminal cases and levels of anchor influenced anchoring effects. As expected, anchoring effect was stronger in a heavier criminal case than in a lighter one. When a low anchor was provided in a lighter case, anchoring effect was stronger compared to when a high anchor was provided. Study 2 examined how emotion affects anchoring effects. The results showed that anchoring effect appeared to be significantly stronger with feelings of anger than of sadness. Study 3 examined the solution for reducing anchoring effects in a court. When activation of selective-accessibility model was prevented, anchoring effects significantly decreased. These results can help solve the problems about juror judgmental bias and contribute to the development of Korean jury trial.

• Korean Journal of Culture and Social Issue
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• v.29 no.3
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• pp.305-320
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• 2023

Research on offense judgment differing by victim typicality has usually focused on sexual violence, and studies on victim typicality of dating violence remain scarce. However, the social concern for the recent increase of dating violence cases demands research on social stereotypes of dating violence victims, especially focusing on how they affect judgments of dating violence cases. We examined if judgment of dating violence cases differed by victim typicality. The results based on 160 adults (80 females and 80 males) showed that the higher the level of victim typicality, the more seriously the offense was evaluated. In addition, the level of offense seriousness mediated the relationship between victim typicality and judgment of offender responsibility and victim blame. The higher the level of victim typicality, the more seriously the offense was evaluated, and the bigger the offender responsibility and the less the victim was blamed. Finally, we discussed policy implications of the study for preventing secondary victimization in criminal proceedings and developing education programs for jurors.

• Analytical Science and Technology
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• v.28 no.6
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• pp.398-408
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• 2015

Carbon monoxide (CO) intoxication, arising from CO from an ignited charcoal briquette (ICB), is a popular means of committing suicide in Korea. Most CO intoxications are related to suicide attempts; however, the possibility of a homicide disguised as a suicide cannot be ruled out. Therefore, forensic investigation of the deceased and the crime scene is crucial to confirm that the deceased committed suicide. Detection of the components of an ICB on the objects suspected of being contacted by the deceased, such as the hands, nostrils, and doorknobs, is essential for linking the crime scene to the victim in the case of suicides by ignited ICBs. The traces from an ICB were analyzed by investigating the morphological characteristics and obtaining elemental compositions. The ICBs were completely different from blackened wood, as detected by discriminant analysis with the elements of carbon and oxygen. We analyzed one case of CO intoxication to demonstrate an excellent procedure for verifying whether a suicide occurred with an ICB. We employed SEM-EDX for the analysis of an ICB, microscope-FT/IR and pyrolysis-GC/MS for a partly burnt resin-type substance, GC/MS for diphenhydramine (a sleeping drug), and GC/TCD for the CO-Hb level. We detected traces of an ICB on the hands, nostrils, and doorknobs, which were all discriminated into an ICB group. Detection of ICB traces from the nostrils could indicate that the deceased started the fire themselves to commit suicide. The partially burnt black material was analyzed as an acrylronitrilestyrene polymer, which is normally used to make bags for carrying or wrapping and could be assumed to have been used to transport the ICB. Diphenhydramine, a sleeping drug, was detected at a level of 2.3 mg/L in the blood, which was lower than that in fatal cases (8-31 mg/L; mean 16 mg/L). A CO-Hb level of 79% was found in the blood, which means that the cause of death was CO intoxication. The steps shown here could represent an ideal method for reaching a verdict of suicide by CO intoxication produced by burning an ICB in a sealed room or a car.

• Korean Security Journal
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• no.18
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• pp.73-99
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• 2009

There are three assassination and treatening cases in this thesis introduced as analysis data. They are shooting accidents of the U.S.A's President Reagun (1981,3.30), and the President Park Jeong Hee of South Korea(1974.8.15), assassination of the Prime Minister Lavin of Israel (1995.11.4) In March 30, 1981, there was an accident where criminal, Hinckley, fired ball cartridges right before the President Reagan got into the car to move to White House after completing the announcement of Hilton Hotel of Washington. As a result, the chest of president was shot and public information secretary and safeguard were wounded. In August, 15, pm 10:23, where the 29th 8.15 independent anniversay event was being celebrated by the people at the National theater in Jangchungdong, Seoul, the criminal Moon Sekwang fired ball cartridges, he failed to assassinate the President Park Jeong Hee of Korea, but shot the First lady Yuk Young Soo. She was wounded right part of head and died. In November 4, Saturday, pm 22:00 the Prime Minster Lavin had finished the supporting event of Middle Asia's Peace project and was taking on the car when he was killed by the criminal Amir's shooting, The accidents left very important lesson from the aspect of security analysis and it has been frequently used as a material for the education and training of safeguard organization. In Korea, as well as Presidential Security Service, national security departments have selected it as an important model for the subjects such as 'Security Analysis, 'Security Practice' and 'Security Methodology'. In the performance of security duty, security skill is the most important matter. Moreover, it has a close relationship with politics, society and culture. The purpose of this study is to analyze and reevaluate the case, which has been treated as a usual model from the aspect of security analysis, beyond its introduction. Attempted assassination of President Reagan was evaluated as a positive success example because of its rapid response of adjacent guards to evacuate Reagan, who is a guard target, within 10 seconds after the shot. When comparing it to President Kennedy Assassination of 1963, it was evaluated that guards were significantly specialized. In the study, however, it was possible to found many problems such as carelessness of guard, who is in charge of external area of event place, idle attitude for frequently used event place, confusion of wireless communication, risk of wireless security disclose, insufficient provision of compulsory record file, insufficient profiling of dangerous person and unsecured hospital and first-aid room.

• Journal of Korea Fair Competition Federation
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• no.73
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• pp.2-12
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• 2001

미 법무부의 독점금지국(the Antitrust of the U.S. Department of Justice)은, 지난달 제일제당과 두 일본기업이 미 독점금지법 위반을 인정하는데 동의했다고 발표하였다. 미 법무부 독점금지국은 미국 상거래에 영향을 주는 호전적 카르텔에 있어서는, 연루된 기업의 국적에 상관없이, 또한 그 기업이 미국 역내에 있느냐 역외에 있느냐를 불문하고 자국의 독점금지법을 일괄적으로 적용해 오고 있다. 따라서 이런 기업들은 미국 독점금지법하에서 벌금이나 심지어는 금고형으로부터 자유로울 수가 없는 것이 현실이다. 미 법무부의 독점금지국은 판사의 형 선고 재량권을 현저하게 약화시킨 형 선고에 관한 지침(United States Sentencing Guidelines), 그리고 카르텔 공동협력에 있어 공모에 대한 증거제공 및 공동행위를 신고한 기업에 대해 형량감경제도(Corporate Leniency policy)를 효율적으로 운영함으로써 지난 몇 년간 미국 역외에서 발생한 공동행위에 대해 수많은 형사적 유죄판결을 받아내었다. 지난 수십년간 독점금지국은 가격고정, 입찰담합, 시장할당 그리고 셔먼법에 의해 당연위법으로 인정되는 경쟁자간의 합의에 관련된 기업들과 개인들에 대해 조사하고 형사적으로 소추해왔다. 이 모두는 불합리하게 거래를 제한하는 합의로 독점금지법에 의해 금지되는 행위들이다. 연방법은 현재 셔먼법 위반에 대한 벌칙으로 거래를 제한하는 공모에 합의함으로써 셔먼법을 위반한 기업에게는 최고 1,000만 달러, 개인에게는 최고 35만 달러의 벌금을 부과할 수 있으며 최장 3년간의 징역에 처해 질 수 있다고 규정하고 있다. 그러나 벌금액은 1987년의 형사벌금개선법(The Criminal Fines Improvements Act: 법원이 개인 및 기업에 대한 범죄에 의해 야기된 이익이나 손실의 두 배에 해당하는 금액 중 더 큰 금액을 선택적으로 부과할 수 있다는 규정)에 의해 극적으로 늘어나고 있다. 이 논고에서는 미 법무부 독점금지국이 글로벌 카르텔과의 전쟁을 성공적으로 수행하게 된 과정을 간략하게 검토하고, 그 과정에서 다루어진 중요한 사건 중 두 사례를 선정해서 고찰해 보기로 하겠다.