• Korean Journal of Culture and Social Issue
• /
• v.29 no.2
• /
• pp.253-273
• /
• 2023

This study was conducted to determine how analytic-holistic thinking style, one of the cultural characteristics, affects intentionality judgment and what role the crime typicality plays in the process. To this end, the psychological mechanism of intentionality judgment was confirmed in cases where the criminal typicality was manipulated by the moral characteristics of the crime perpetrator and victim. As a result, higher the criminal typicality lead to higher intentionality judgement. In addition, it was found that people with relatively holistic thinking style (with high causality and perception of change) judge less of the perpetrator intentionality. In particular, it was confirmed that the analytic-holistic thinking style interacts with criminal typicality and affects the intentionality judgment. Specifically, people with a holistic thinking style (high causality) judged the perpetrator to have high intentionality in typical cases, but judged in a reverse way in atypical cases. It means that, holistic thinkers, compared to analytic thinkers, strongly judge intentionality based on criminal typicality considering the moral characteristics of not only the perpetrators but also the victims. Along with the significance of this study, the relationships among analytic-holistic thinking style, criminal typicality and intentionality judgment were discussed.

• Journal of the Society of Disaster Information
• /
• v.13 no.1
• /
• pp.1-5
• /
• 2017

301 cases of chemical accidents occurred during the recent three years('13~15) recording about 100cases on average in Korea.. Chemical accidents has brought casualties and negative impact on the environment. The chemical accident by transporting vehicles during recent 3 years records 21 on average & takes about 21% of the whole chemical accident. Systematic investigation on chemical accident was needed by corresponding authorities since the transport accident has occurred on the road, all over the nation. For the systematic investigation on the accident scene by the corresponding authorities, the cooperation of transport companies and transport contractor is highly necessary. The investigation of such accident scene was examined and analyzed in this study. Through this study, the results can be basis to analyzed the cause of chemical accident by transporting vehicles and to prepare procedures for on-site investigation and handling systematically.

• Journal of the Korea Institute of Information and Communication Engineering
• /
• v.13 no.8
• /
• pp.1687-1692
• /
• 2009

Cyber forensics is used the process and technology of digital forensics as a criminal investigation in cyber space. Cyber crime is classified into cyber terror and general cyber crime, and those two classes are connected with each other. The investigation of cyber terror requires high technology, system environment and experts, and general cyber crime is connected with general crime by evidence from digital data in cyber space. Accordingly, it is difficult to determine relational crime types, collect evidence and the legal admissibility of evidence. Therefore, we considered the classifications of cyber crime, the collection of evidence in cyber space and the application of laws to cyber crime. In order to efficiently investigate cyber crime, it is necessary to integrate those concepts for each cyber crime-case. In this paper, we constructed a cyber forensics domain ontology for cyber criminal investigation using the concepts, relations and properties, according to categories of cyber crime, laws, evidence, and information of criminals and crime-cases. This ontology can be used in the process of investigating of cyber crime-cases, and for data mining of cyber crime; classification, clustering, association and detection of crime types, crime cases, evidences and criminals.

• Korean Journal of Culture and Social Issue
• /
• v.26 no.3
• /
• pp.329-349
• /
• 2020

Confirmation bias is well known to be the cause of widespread misjudgment in the field of forensic decision-making. In this study, we examined the psychological mechanisms by which confirmation bias affects intentionality judgment in serious injury and death cases that combine the moral characteristics of the perpetrator and victim differently. As a result, participants perceived the case as a more typical criminal case when both the perpetrator and victim were bad people, and gave higher intention to perpetrators' actions in these typical crimes. In particular, it was found that people with a high degree of confirmation bias highly judge the intention of the offenders in a consistent way with the stereotype of criminal cases. However, in serious criminal cases, the moderate effect of confirmation bias has disappeared and only the effect of crime typicality has existed. Finally, we discussed implications of this study and ways to reduce bias in intentionality judgment.

• International Journal of Computer Science & Network Security
• /
• v.22 no.12
• /
• pp.125-131
• /
• 2022

The diversity and complexity of criminal, administrative and civil cases resolved by the courts makes it difficult to develop universal automated tools for the analysis and evaluation of justice. However, big data generated in the scope of justice gives hope that this problem will be resolved as soon as possible. The big data applying makes it possible to identify typical options for resolving cases, form detailed rules for the individualization of a court decision, and correlate these rules with an abstract provisions of law. This approach allows us to somewhat overcome the contradiction between the abstract and the concrete in law, to automate the analysis of justice and to model e-justice for scientific and practical purposes. The article presents the results of using dimension reduction, SHAP value, and p-value to identify, analyze and evaluate the individualization of justice and the differentiation of legal regulation. Processing and analysis of arrays of court decisions by computational methods make it possible to identify the typical views of courts on questions of fact and questions of law. This knowledge, obtained automatically, is promising for the scientific study of justice issues, the improvement of the prescriptions of the law and the probabilistic prediction of a court decision with a known set of facts.

• The Journal of the Korea Contents Association
• /
• v.9 no.9
• /
• pp.210-217
• /
• 2009

Discussions about unfavorable acts of corporations in managing activities include many legal considerations. In general cases, first of all, legality of the given acts should be verified. If they are judged to be illegal in their procedures, whether it is possible to assert nullification for the acts by the corporation law or not should be examined. Next, the claim for damages against the actors should be considered. After that, whether the actors have criminal liability or not should be discussed. In this case, it is difficult and complicated to judge what clauses of the Criminal Code in the substantive law apply to the unfavorable acts. when the director's business judgement in the long run causes the corporation to be unprofitable or suffer damage, the Question of whether criminal punishment can be imposed on the director is a very important one requiring careful consideration.

• Korean Journal of Social Welfare
• /
• v.66 no.2
• /
• pp.31-49
• /
• 2014

The purpose of this study is to analyze precedents related with child abuse for protection of the rights of the child. There should be the law related with 'punishment for child abuse,' which is the grounds of punishment, to make a precedent in the law punishing for 'child abuse,' but there is the concept only for 'child abuse' in the Child Welfare Law, the fundamental law; therefore, for a direct judgment for punishment, only precedents of 'child abuse' related with loss of parental rights and judgements for criminal cases, civil cases and laws covering special cases have been made. For that reason, 'the special law related with punishment for child abuse cases' is desperately required (On last December 23, 2013, the special law related with punishment for child abuse cases passed the National Assembly). Hence, precedent analysis had performed by grouping precedent from 2000 to 2013 which were not judged as child abuse in trial but can be regarded as child abuse. When analyzing each precedent according to the contents of analysis and judgment by fact relevance in this study, problems which the current legislative system has were deducted through an implication of each case by diagnosing using diagraming after classifying lower instance terminated cases, which precedents of the Supreme Court and judgments sent to the Supreme Court were excluded, while excluding cases settled in the civil level and classifying analysis of civil case precedents which did not become a criminal case and completed as a civil case, analysis of criminal case precedents, classification of precedents of loss of the parental rights (regarding child abuse) and precedents of any other special laws. And compensatory tasks for special laws regarding punishment of child abuse were presented while suggesting compensatory tasks for the legislation regarding deducted problems.

• The Korean Society of Law and Medicine
• /
• v.17 no.2
• /
• pp.3-28
• /
• 2016

While product liability has been settled as a technical term in civil law, criminal law does not commonly accept technical term for it. Not like civil law, product liability in criminal law point outs individual responsibility and disability of normative order. Meaning that causation between individual's action of violation of duty and the result of danger of legal interest or infringement of legal interest must be proved. In criminal law excluding "non-result-constituted crimes (Unternehmensdelikt)", charge of injuring, accidental infliction of injury, homicide or involuntary manslaughter is problematic in product liability. Of course, it is necessary to distinguish whether the action related to the outcome is act or ommission. Also the causal relationship between the action and the result must be proved, and the intention or negligence should be recognized. In this paper, it analyzes cases that were problematic in Korea, Germany, Spain, etc. Mainly focusing on the problems revealed in the determination of causal relationship, especially recognizing criminal liability related to products. Furthermore it is followed by the view of reviewing the cause-and-effect relationship by 2 steps, dividing natural scientific causation and the normative causal relationship. In this process, to acknowledge criminal product liability in accordance with recognizing cause-and-effect relationship, there should be general risk of specific substance causing the outcome. This only premise can be meaningful to examine the casual relationship from specific cases. As it shows in some cases and theories, it is not contradicting general law of cause and effect by determining specific causal relationship by free evaluation of evidence if a general causal relationship does not exist. Also since judge's testimony does not hold a dominant position from rule of thumb, it is possible to recognize specific causal relationship. However this paper takes position that if there is no objective and reasonably undeniable cause and effect law. If there is no objective and reasonably undeniable causal law, which is the premise for recognizing concrete causal relations, judge should sentence guilty according to "in dubio pro reo" principle. In addition, it is not allowed for the defendant to burden unproven fact by free evaluation of evidence which has an effect of shift of burden of proof.

• Journal of the Institute of Electronics and Information Engineers
• /
• v.51 no.6
• /
• pp.143-151
• /
• 2014

Recently, as smartphones are widespread, a variety of user's information is created and managed in smartphones. Especially the location information can show the user's position at a specific time and the user's area of interest, which could be very useful during criminal investigation. Although the location information plays an important role in solving the crimes such as serial murder, rape and arson cases, there is a lack of research on location information for digital forensics. In this paper, we analyze the location information from logs, images, and applications on android, and we suggest the integrated model for analyzing location information. The proposed model may be useful in criminal investigation by improving the efficiency of data analysis and providing information about a criminal case.

• Journal of Information Science Theory and Practice
• /
• v.12 no.1
• /
• pp.39-59
• /
• 2024

An online social network is a platform that is continuously expanding, which enables groups of people to share their views and communicate with one another using the Internet. The social relations among members of the public are significantly improved because of this gesture. Despite these advantages and opportunities, criminals are continuing to broaden their attempts to exploit people by making use of techniques and approaches designed to undermine and exploit their victims for criminal activities. The field of digital forensics, on the other hand, has made significant progress in reducing the impact of this risk. Even though most of these digital forensic investigation techniques are carried out manually, most of these methods are not usually appropriate for use with online social networks due to their complexity, growth in data volumes, and technical issues that are present in these environments. In both civil and criminal cases, including sexual harassment, intellectual property theft, cyberstalking, online terrorism, and cyberbullying, forensic investigations on social media platforms have become more crucial. This study explores the use of machine learning techniques for addressing criminal incidents on social media platforms, particularly during forensic investigations. In addition, it outlines some of the difficulties encountered by forensic investigators while investigating crimes on social networking sites.