• Journal of Arbitration Studies
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• v.32 no.4
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• pp.53-85
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• 2022

Small and medium-sized enterprises ("SMEs") are vulnerable to trade secret misappropriation. Korea's legislation for the protection of SMEs' trade secrets and provision of civil, criminal, and administrative remedies includes the SME Technology Protection Act, the Unfair Competition Prevention Act, the Industrial Technology Protection Act, the Mutually Beneficial Cooperation Act, and the Subcontracting Act. Among these acts, the revised SME Technology Protection Act of 2018 introduced the "administrative technology misappropriation investigation system" to facilitate a rapid resolution of SMEs' technology misappropriation disputes. On September 27, 2021, Korea's Ministry of SMEs announced that it had reached an agreement to resolve the dispute between Hyundai Heavy Industries and Samyeong Machinery through the administrative technology misappropriation investigation system. However, not until 3 years and a few months passed since the introduction of the system could it be used to resolve an SME's technology misappropriation dispute with a large corporation. So there arose a question on the usefulness of the system. Therefore, we conducted a comparative legal analysis of Korea's laws enacted to protect trade secrets of SMEs and to address technology misappropriation, focusing on their legislative purpose, protected subject matter, types of misappropriation, and legal remedies. Then we analyzed the administrative technology misappropriation investigation system and the cases where this system was applied. We developed a proposal to enhance the usefulness of the system. The expert interviews of 4 attorneys who are experienced in the management of the system to check the practical value of the proposal. Our analysis shows that the lack of compulsory investigation and criminal sanctions is the fundamental limitation of the system. We propose revising the SME Technology Protection Act to provide correction orders, criminal sanctions, and compulsory investigation. We also propose training professional workforces to conduct digital forensics, enabling terminated SMEs to utilize the system, and assuring independence and fairness of the mediation and arbitration of the technology misappropriation disputes.

• Journal of Oral Medicine and Pain
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• v.4 no.1
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• pp.13-21
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• 1979

Cases involving bite marks have increased considerably since first reports of bite wound for the individual identification in Korea 1969. This is probably due to fact that investigating officers are now more aware of the value of bite mark evidence and are always alter to the possibility of sign of bite mark. Authors recently had an experience in the identification of a criminal by tracing marks made on silicon rubber impression from corp genital organ.

• The Korean Society of Law and Medicine
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• v.24 no.4
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• pp.3-36
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• 2023

The main issue in medical malpractice civil litigation is medical negligence and the causal relationship between medical negligence and damages. Regarding the presumption of causality in cases where medical negligence is proven, there is a previous Supreme Court decision 93da52402 on February 10, 1995, but it is difficult to find a case that satisfies the textual requirements of the above decision, and yet, in practice, the above decision is cited. In many cases, causal relationships were assumed, and criticism was consistently raised that it was inconsistent with the text of the above judgment. In its ruling, the Supreme Court reorganized and presented a new legal principle regarding the presumption of causality when medical negligence is proven in a civil lawsuit. According to this, If the patient proves ① the existence of an act that is assessed as a medical negligence, that is, a violation of the duty of care required of an ordinary medical professional at the level of medical care practiced in the field of clinical medicine at the time of medical practice, and ② that the negligence is likely to cause damages to the patient, the burden of proving the causal relationship is alleviated by presuming a causal relationship between medical negligence and damage. Here, the probability of occurrence of damage does not need to be proven beyond doubt from a natural scientific or medical perspective, but if recognizing the causal relationship between the negligence and the damage does not comply with medical principles or if there is a vague possibility that the negligence will cause damage, causality cannot be considered proven. Meanwhile, even if a causal relationship between medical negligence and damage is presumed, the party that performed the medical treatment can overturn the presumption by proving that the patient's damage was not caused by medical negligence. Meanwhile, unlike civil cases, the standard is 'proof beyond reasonable doubt' in criminal cases, and the legal principle of presuming causality does not apply. Accordingly, in a criminal case of professional negligence manslaughter that was decided on the same day regarding the same medical accident, the case was overturned and remanded for not guilty due to lack of proof of a causal relationship between medical negligence and death. The above criminal ruling is a ruling that states that even if 'professional negligence' is recognized in a criminal case related to medical malpractice, the person should not be judged guilty if there is a lack of clear proof of 'causal relationship'.

• Journal of Science and Technology Studies
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• v.3 no.2 s.6
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• pp.83-104
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• 2003

The use of DNA in identification is growing. The criminal DNA databases are in operation in some countries including the UK, Austria, Germany, and US. The militaries and law enforcement agencies in these countries have used the DNA profile. In Korea, DNA identification has been used in determining paternity and in criminal cases since the middle 1990's, and in recent years law enforcement agencies are promoting a national DNA database for identification. The DNA database threatens our civil liberties because of its potential to be used as an instrument of surveillance. Expanding the database puts increasing numbers of people on a 'list of suspects'. Nevertheless, there is little social concern about using DNA database for identification. This paper reviews social issues related to the establishment of DNA database and investigates the features of DNA profile and DNA Database establishment project promoted law enforcement agencies.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.6
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• pp.721-729
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• 2014

The purpose of this article is to examine maritime accident and corporate criminal liability in comparison with cases and laws in UK and US. In Anglo-American law, a corporation can be convicted of and sentenced for a criminal offence. However, some theoretical difficulties lie in fixing a corporation with the appropriate mens rea. The Corporate Manslaughter and Corporate Homicide Act 2007 in England is to solve those difficulties and punish a corporation like a natural person. Comparing to Anglo-American law, a corporation is difficult to be punished in Korean law because it is a well recognized theory that only natural person is capable of committing a crime. However, safety in society and workplace is earning great concern in Korea, and emphasis is put on responsibilities of corporations. This article discusses the need for legislation on corporate manslaughter act in Korea with regard to the sinking of the MV Sewol.

• The Journal of Korea Institute of Information, Electronics, and Communication Technology
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• v.14 no.2
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• pp.149-160
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• 2021

In this study, artificial intelligence-based algorithms were proposed, which included a fuzzy search for matching suspects between current and historical crimes in order to obtain related cases in criminal history, as well as conditional generative adversarial networks for crime prediction system (CPS) using Timor-Leste as a case study. By comparing the data from the criminal records, the built algorithms transform witness descriptions in the form of sketches into realistic face images. The proposed algorithms and CPS's findings confirmed that they are useful for rapidly reducing both the time and successful duties of police officers in dealing with crimes. Since it is difficult to maintain social safety nets with inadequate human resources and budgets, the proposed implemented system would significantly assist in improving the criminal investigation process in Timor-Leste.

• The Korean Journal of Archival Studies
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• no.77
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• pp.109-150
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• 2023

Prior researchers interpreted the records of criminal cases involving the Progressive Party from a historical perspective. In marked contrast to existing trends, this study examines the Progressive Party case records through the lens of archival science. This study dissects the Progressive Party case records as a single and complete record group and at each stage of their life cycle from police investigation through criminal prosecution to trial. This approach enables a holistic analysis of archival characteristics of the records. This study begins with an appraisal of the nature and types of case records generated and maintained by the various agencies in light of the investigatory authorities delegated to each institution. This study then dissects the police, prosecution, and Counter Intelligence Corps records leading up to the indictment of Progressive Party members as well as the court records of the trial that followed. In particular, this study reveals the insufficiency and illegality of the evidence against the defendants in the Progressive Party case from an archival standpoint. Setting aside the admissibility or strength of the evidence under criminal law, the present study demonstrates that the records lack reliability, authenticity, and integrity-the fundamental attributes required for evidentiary efficacy of records from an archival standpoint.

• Journal of Digital Convergence
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• v.10 no.10
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• pp.1-11
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• 2012

In case of the crime occurrence preliminary investigation is very important. Police perform on-site first responders throuth the First Responders Manual and 112 information system. But recently the failure cases of preliminary investigation happened. Social criticism was castrated for the police that roundup succeeded but failed to protect the victims of crime. Avoiding these accidents, improvement of preliminary investigation is required. Accordingly local police personnel system improvement, improvement of reporting systems, Integration of 112 information and 119 information, improvement of seizure search regulations, victim care, crime response exercises reinforcement is required for the protection of criminal victims in preliminary investigation.

• The Korean Journal of Health Service Management
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• v.4 no.2
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• pp.107-117
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• 2010

In this paper, the researcher looked into major issues in the "Act (Draft) on Remedy for Damage from Medical Accident and Medical Dispute Mediation, etc." which was proposed by the Health & Welfare Committee, the National Assembly of the Republic of Korea, and which was pending with the Legislation & Judiciary Committee. Then the researcher pointed out worrisome problems therein and presented suggestion" to improve problematic situations. First of all, the researcher examined the following items which are major points in the aforementioned Act: 1) Establishment of Korea Medical Dispute Mediation and Arbitration Center, 2) Procedures for mediation and arbitration of medical disputes, 3) Establishment of Medical Injury Compensation Association, 4) Introduction of proxy payment for damages, 5) Compensation for no-fault medical accidents, 6) A system concerned with special cases on criminal punishment. Next, the researcher closely reviewed the following possible issues: 1) Limit of arbitrary mediation, 2) Postponement of the system concerned with special case on criminal punishment, 3) Examination of reasons for rejection, 4) Function and role of the Appraisal department, 5) A possibility of being reduced to an evidence collection procedure for lawsuit, 6) A possibility of no-fault compensation rather than injury compensation, 7) Operational issues related proxy payment for damages. Lastly, the researcher presented suggestions on how to improve each problematic issue.

• The Korean Society of Law and Medicine
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• v.14 no.2
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• pp.49-80
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• 2013

The Issuance of false medical certificates on Criminal Law or the Medical Service Act are frequently applied to the insurance fraud cases related with the medical certificate, prescriptions. The meaning of medical certificate is not defined on the crime of Issuance of false medical certificates, but considering the rule of Paragraph 1 of Article 17 of the Medical Service Act, which punishes drawing up the medical certificate by anyone except the doctor who has directly examined, and the principle of legality, the medical certificate applied with the crime of Issuance of false medical certificates should (1) include the judgment after current medical ex-amination, (2) be written for the purpose of verifying the health status and (3) have a style that can be recognizable as medical document usually written by doctors. In addition, since there have been many argues on the range of application of the Paragraph 1 of Article 17 of the Medical Service Act, which generally regulates various kinds of documents such as medical certificates, prescriptions and others, which have different purpose and characters, the range of application of the clause above is needed to be interpreted strictly.