• Title/Summary/Keyword: Criminal Procedure

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The problem point and improvement program of the scene confiscation search of digital evidence at practical affairs (실무상 디지털증거의 현장압수수색 문제점과 개선방안)

  • Kim, Yong-Ho;Lee, Daesung
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2013.10a
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    • pp.118-122
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    • 2013
  • Currently, under being related with confiscation method of digital store medium from the court of justice, "the sorting confiscation method of principle, the exceptional medium confiscation method" from in section3 no.106 of the criminal procedure code disregard the actual fields of investigation. What is more, there are many difficulties to execute cases by observing this for the achievement of confiscation purpose. At this point, I present the problems of the present confiscation search method and the desirable scene confiscation search method and the improvement program under the new technology circumstance.his is an example of ABSTRACT format.

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Digitalization of Seafarer's Book for Authentication and e-Navigation

  • Huh, Jun-Ho;Seo, Kyungryong
    • Journal of Information Processing Systems
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    • v.15 no.1
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    • pp.217-232
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    • 2019
  • Currently, the crew working on a ship is required to carry a seafarer's book in most countries around the world, including the Republic of Korea (ROK). Yet, many fishermen working in the international waters of the ROK do not abide by this rule as the procedure of obtaining it is rather inconvenient or they do not understand the necessity or the benefits of having it. Also, as the regulation of carrying the certificate has been strengthened, it is important for them to avoid making a criminal record unintentionally. This study discusses the digitalization of the seafarer's book based on several security measures in addition to BLE Beacon-based positioning technology, which can be useful for the e-Navigation. Normally, seamen's certificates are recorded by the captain, medical institution, or issuing authority and then kept in an onboard safe or a certificate cabinet. The material of the certificates is a cloth that can withstand salinity as the certificate could be contaminated by mold. In the past, the captains and their crews were uncooperative when the ROK's maritime police tried to inspect several ships simultaneously because of the time and cost involved. Thus, a system with which the maritime police will be able to conveniently manage the crews is proposed.

A case study of verifying a suicide by carbon monoxide intoxication committed by burning an ignition charcoal briquette (착화탄 연소에 의한 일산화탄소 중독사에서 자살입증에 관한 사례연구)

  • Sung, Tae-myung;Jo, Ju-ik;Ahn, Phil-sang
    • 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.

Cost-benefit Analysis of Installing Crime Preventive CCTV: Focused on Theft and Assault (범죄예방용 CCTV설치의 비용편익분석: 절도와 폭력범죄를 중심으로)

  • Yun, Woo-Suk;Lee, Chang-Hun;Shim, Hee-Sub
    • Korean Security Journal
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    • no.50
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    • pp.209-237
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    • 2017
  • Theories on 'opportunity for crime' have utilized CCTV in crime prevention approach, and empirical studies showing crime prevention effects of CCTV have supported expansion of CCTV installation. Particularly, in Korea, the number of CCTV installation had tripled from 2011 to 2015, and governmental policies regarding CCTV have become one of the mainstream social control strategies. Although a couple of empirical studies showed decrease in crime rate due to CCTV installation, there is no study investigating B/C analysis(Benefit vs. cost analysis) of CCTV installation. B/C analysis results will be beneficial for official decision-making of criminal justice policy, and this study is purported to produce such fundamental evidence for policy making procedure. To fulfill this goal, this study collected data on financial information, crime data between 2011 and 2015 across the nation from 232 governmental district offices and the Korean National Police. This study then conducted two different B/C analyses(simple B/C analysis, regression-based B/C analysis). The simple B/C analysis results showed that 1) total costs for CCTV installation in 2014 was 68,626,000,000 won(approximately, US$57,188,333.00, money exchange rate 1200won=US$1), 2) benefits of crime reduction was 90,888,000,000 won(appx. US$75,740,000), and 3) B/C rate was 1.32. The regression-based B/C analysis results showed that 1) B/C rate was 1.52 when only reduced costs of criminal justice processes for crime employed, and 2) B/C rate was 3.62 when overall social costs including reduced costs of criminal justice processes and social benefits, e.g., reduction in costs for managing fear of crime, due to the crime reduction. Based on the results, this study provided policy implications.

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Measures for Enhancing System of Crime Victim's Information Protection (범죄피해자 정보보호법제의 개선방안에 대한 연구)

  • Lee, Kwon Cheol
    • The Journal of the Korea Contents Association
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    • v.16 no.10
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    • pp.175-187
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    • 2016
  • Protection of personal information has significant meaning in current information age. Information of crime victim is one of top in value in that divulgence of the information to perpetrators may threat safety of the victim or cause psychological demage as $2^{nd}$ harm if disclosed to public. Legal system protects the information with scattered statutes including Criminal Procedure Act. Existing studies have been limited to discussion of the single statute without integrated approach. Bearing necessity of the approach in mind, as issues of protection system this research proffers too broad subject of eligible inspection of case document, inactive practice of identity management cards and omission of personal information, and inappropriate punishment on the disclosure or divulgence. After reviewing systems of foreign jurisdictions to get useful implications, this paper suggests several measures with two separate aspect of legal provisions and protection practice.

Comparative Study of US and Korean Legal System on the Privilege against Self-Incrimination through Forced Unlocking in Digital Era (디지털시대 강제해독에 따른 자기부죄 거부 권리에 관한 미국과 한국의 제도 비교 연구)

  • Lee, Ook;Jee, Myung Keun;Lee, Dong Han
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.17 no.3
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    • pp.235-241
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    • 2017
  • With the coming of the digital era, encryption has become common in everyday life. Almost anyone can easily acquire encryption software and use it to prevent unwanted third parties from accessing one's private information. However, the spread of encryption has also seriously hindered law enforcement during the investigation of cybercrimes, which hides incriminating digital evidence in encrypted hard drives and files. Therefore, many countries have attempted to compel criminals to decrypt encrypted evidence and it has been inevitable to examine privilege against self-incrimination as basic right on the side of constitution. This study analyzed the past court decisions on the issue of compelled decryption in the US and whether the Government can compel a defendant to disclose his password in Korean legal system on the constitutional side. Finally, this study suggests an approach to create a legal procedure to make it a crime for a suspect or defendant to refuse to disclose his password to law enforcement for criminal cases in Korea.

Range of Cause for Dismissal Judgement (면소판결사유(免訴判決事由)의 범위(範圍))

  • Lee, John-Girl
    • The Journal of the Korea Contents Association
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    • v.11 no.5
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    • pp.302-307
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    • 2011
  • The current criminal procedure law stipulates that dismissal cause this has to be true when the dismissal judgement. These regulations should be considered as limited by regulations or rules should be considered as exemplary is the problem. Depends on how you look at the difference in the range of dismissal judgement is encountered to. Therefore, this should be reviewed. Encountered to study the reason for the results referred to in Article 326 are valid reasons to limit. Appeals rejected the verdict abuse the rights of appeals, etc. are encountered to dismissal cause is because the restrictive rules. Therefore, the dismissal causes set forth in Article 326 as a guide only view limited because of regulatory reasons the rights of appeals encountered to abuse, etc. should not be included.

A Study the Mobile Forensics Model for Improving Integrity (무결성 향상을 위한 모바일 포렌식 모델 연구)

  • Kim, Young-june;Kim, Wan-ju;Lim, Jae-sung
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.30 no.3
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    • pp.417-428
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    • 2020
  • With the rapid development of information and communication technology, mobile devices have become an essential tool in our lives. Mobile devices are used as important evidence in criminal proof, as they accumulate data simultaneously with PIM functions while working with users most of the time. The mobile forensics is a procedure for obtaining digital evidence from mobile devices and should be collected and analyzed in accordance with due process, just like other evidence, and the integrity of the evidence is essential because it has aspects that are easy to manipulate and delete. Also, the adoption of evidence relies on the judges' liberalism, which necessitates the presentation of generalized procedures. In this paper, a mobile forensics model is presented to ensure integrity through the generalization of procedures. It is expected that the proposed mobile forensics model will contribute to the formation of judges by ensuring the reliability and authenticity of evidence.

Legal Consideration of Transfer Refusal by 119 Rescuers (119구급대의 이송거절 및 거부에 대한 법적 고찰)

  • Bae Hyun-A;Lee Sang-Jin;Kim Chan-Woong;Lee Kyung-Hwan
    • Fire Science and Engineering
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    • v.19 no.4 s.60
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    • pp.47-56
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    • 2005
  • The regulation on organization and operation of rescue and aid party was amended. This Regulation is designed to provide legal formality in order to protect not only the patients' right but also 119 rescuers from liability, which is due to treatment refusal by patient and the discretionary refusal of transfer by 119 rescuers on the non-emergency situation. This study looked over the constitute of violation of emergency medical service act related to the discretionary refusal of 119 rescuers, the criminal liability owing to omission and the possibility of national indemnities on the damage of patients. This study also analyzed the courts' decision and attitude by exploring overseas judicial precedents and examined what should be considered on the execution of the newly enacted law. Finally, this study put emphasis on the importance of medical director's control, documentation of every procedure, 119 rescuer's authorization on the refusal of transfer by securing patient's informed consent.

Artificial Intelligence In The Modern Educational Space: Problems And Prospects

  • Iasechko, Svitlana;Pereiaslavska, Svitlana;Smahina, Olha;Lupei, Nitsa;Mamchur, Lyudmyla;Tkachova, Oksana
    • International Journal of Computer Science & Network Security
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    • v.22 no.6
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    • pp.25-32
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    • 2022
  • The hypothesis of the study of the article is that the use of elements of artificial intelligence will increase the effectiveness of the educational process of the university if: a set of pedagogical conditions for the construction and use of an expert system with elements of artificial intelligence in the educational process of the university is revealed; a model for preparing a future teacher of vocational training for the use of elements of artificial intelligence has been developed; a special course has been developed that contributes to the implementation of the professional orientation of education. In accordance with this, the following tasks were studied in the article: An analysis of scientific and methodological research in the field of the current state, prospects for the development and use of elements of artificial intelligence in the preparation of a future teacher of vocational training and to determine the dynamics of the introduction of intelligent expert systems in education; A set of pedagogical conditions for the construction and use of an expert system with elements of artificial intelligence in the educational process of a university is revealed; It is substantiated to develop a model for preparing a teacher of vocational training to use elements of artificial intelligence.