• Journal of Korean Society of Transportation
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• v.27 no.3
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• pp.111-118
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• 2009

Factors causing traffic accidents are various and traffic law violations can be among them. The efforts to increase traffic law obedience rates of drivers are common in many other countries to reduce traffic accidents, and one of generally applied methods is to increase the amounts of violation fines. Expensive levels of traffic law violation fines could have drivers choose "obey the law" in their decision-making stages since they are economically better-off by following the law. In this sense, this study has developed an economic model to verify whether the current levels of the traffic violation fines of Korea are effective for drivers to choose "obey-the-law" decisions. Speed violations and traffic signal violations have been selected for the case study to verify the relationships between "expected probabilities of being-caught" and "levels of violations fines".

• Journal of the Korean Society of Marine Environment & Safety
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• v.6 no.1
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• pp.99-109
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• 2000

The United Nations Convention on the Law of the Sea(hereinafter referred as "the Law") adopted in 1982 was enacted on November 16, 1994. South Korea, China, and Japan signed and ratified the Law, respectively. These three countries announced their domestic laws relating to Exclusive Economic Zone(EEZ) with reserving their applications. The enactment of the Law and announcement of EEZ inevitably brought new order on the seas. The New Fishery Agreement based on the Law with EEZ was concluded between South Korea and Japan and ratified by each country′s parliament. Another New Fishery Agreement between South Korea and China is also going to be concluded in near future. The New Fishery Agreements, however, do not include regulations relating to the marine scientific research, the protection of the marine environment, and so forth, which are essential for the States to fully implement the Law According to the New Fishery Agreements, it is impossible for the Coastal States to excercise their jurisdiction. Because the agreement of delimitation ocean boundaries among the three countries are not easy to settle, provisional agreements can only be concluded. Thus, many problems including the sovereignty over Dok-do between South Korea and Japan and delimitation of EEZ between South Korea and China can be arose anytime. This paper investigates the problems and possible counter measures in legal excercise on the seas by South Korean Government. The above mentioned problems introduced by the New Fishery Agreements include potential problems in the Middle Sea Zone, Provisional Zone, and so forth. In this paper, only the legal aspect of the Zones will be discussed excluding the law enforcement and the economic aspect of the Zones.

• Journal of Arbitration Studies
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• v.32 no.1
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• pp.43-69
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• 2022

In the case of the United States, which has the same provision as Article 10 of the Federal Arbitration Act, a contract may be exceptionally validated if the parties have clearly concluded the contract to expand the grounds for vacating awards in an arbitration agreement. It is possible that the parties create the grounds for vacating that is not stipulated in the statue by clear agreement. However, it remains the issues when this contract is valid. If we investigate the grounds for setting aside as discussed in this paper, in cases ① where an arbitrator failed to apply the substantive law expressly designated by the parties without a good reason; ② where there was a serious error in the application of the substantive law; ③ where an arbitrator decided under ex aequo et bono despite the parties explicitly designated the substantive law, the parties may bring an action for annulment of arbitral awards in court according to their agreement to expand the grounds for vacating the awards. It is important enough to change the rights and obligations of the parties for them whether or not the substantive law of the arbitration was applied. With Regard to the contract to expand the grounds for setting aside the awards in arbitration agreement, there are still issues how to handle the case where the parties have not designated the substantive law, and the validity of a contract to expand the grounds for vacating on reasons other than violation of law application, and relations with Article 5 of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, where the misapplication of the law does not stipulated as the grounds for refusal to recognize and enforce the foreign arbitral award, and so on.

• Journal of Digital Convergence
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• v.13 no.4
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• pp.81-87
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• 2015

This study will show the digital forensic model which fights against cyber-crimes to prepare various cyber-crimes. The digital forensic model will be more useful about the investigation of cyber-crimes and arresting criminals after researching the uses of the digital forensic model and cyber-crime rates in South Korea. This model conduct the standardized data with various languages by the language support system through the digital forensic analyzer. This model will send the data to law enforcement reviewing whether or not we ought to prove criminal charges. Moreover, law enforcement can access the file system to find out admissibility of evidence. And this model simplifies lawful investigation about additional investigation. The data, which is conducted and saved by the digital forensic system, will be helpful to protect against the future crimes because of the data.

• Asian Pacific Journal of Cancer Prevention
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• v.17 no.sup1
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• pp.91-96
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• 2016

Comprehensive bans on tobacco advertising and promotion were introduced through tobacco control legislation in Viet Nam, but it has been established that violations of the bans are very common. This study was conducted to explore the trend in violations of bans on tobacco advertising and promotion at points of sale in Viet Nam in the past six years and to explore any differences in the violation situations before and after the Law on Tobacco Control came into effect on 1st May 2013. Quantitative data were collected through observation of violations of the bans on tobacco advertising and promotion at points of sale in 10 provinces throughout Viet Nam in four survey rounds (2009, 2010, 2011, and 2015). Variation in violation prevalence over time was examined by chi-square test using a Bonferini method. Binary logistic regression was employed to identify the factors that may have influences on different types of violation. A level of significance of p<0.05 was used for all tests in this article. The most common form of violation was the display of more than one pack/one carton of a cigarette brand. Violation of bans on tobacco advertising increased while violations on promotion ban and on displaying tobacco decreased through time. Some factors associated with the tobacco advertising and promotion bans included surveyed years, types of points of sale, regions and areas where the points of sale were located. The enforcement of the bans did not improve even after the issuance and the enactment of the Law on Tobacco Control. This suggests that the monitoring and enforcement of bans on tobacco advertising and promotion at points of sale should be strengthened. Penalties should be strictly applied for violators as indicated in the current tobacco control legislation.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.25 no.2
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• pp.293-302
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• 2015

With the attack information collected during SMS phishing investigation, this paper will propose SMS phishing profiling model applying criminal profiling. Law enforcement agencies have used signature analysis by apk file hash and analysis of C&C IP address inserted in the malware. However, recently law enforcement agencies are facing the challenges such as signature diversification or code obfuscation. In order to overcome these problems, this paper examined 169 criminal cases and found out that 89% of serial number in cert.rsa and 80% of permission file was reused in different cases. Therefore, the proposed SMS phishing profiling model is mainly based on signature serial number and permission file hash. In addition, this model complements the conventional file hash clustering method and uses code similarity verification to ensure reliability.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.19 no.4
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• pp.67-80
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• 2020

High-speed weigh in motion (HS-WIM) is a real-time unmanned system for measuring the weight of a freight-carrying vehicle while it is in motion without controlling vehicle traffic flow or deceleration. In Korea, HS-WIM systems are installed on the national highways and general national ways for pre-selection by law enforcement. In this study, to improve the measurement accuracy of HS-WIM, we devise improvements to the existing integral and peak weight conversion algorithms, and we provide a new fusion algorithm that can be applied to the mat-type HS-WIM. As a result of analyzing vehicle driving tests at a real site, we confirmed the highest level of weight-measuring accuracy.

• 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.

• Journal of forensic and investigative science
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• v.2 no.1
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• pp.52-80
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• 2007

In the rapidly changing current society, the Korean National Police(KNP) is facing a lot of demands from the citizens like the protection of subject/victim rights, independence of investigation authority, disclosure of actual truth, and prevention & eradication of crimes. It is widely recognized among the Korean people and the police that the KNP is always standing for the rights of the people and it is high time that the KNP should be restored as the pioneer for the protection of human right. In this situation, the tremendous emphasis is given on the importance of investment in investigative training through the long-term master-plan in order to renovate its constitution, to level up its quality, and to cope with the highly sophisticated crime patterns. Korean police have already shown its outstanding investigative skills of identification of the deceased throughout large cases like Daegu subway arson and tsunami in Southeast Asia. In addition, the skills of cyber crime investigation are highly recognized by foreign law enforcement agencies. However, the investigative skills and abilities are being degraded and the morale of the investigative personnel are falling due to the insufficiently of the finite training budget. Lack of financial support results in the lack of training program and poor training environment, which subsequently leads to the inefficiency of training. Additionally, no long-term budget for fostering specialized investigative agents is allotted. Considering the fact that more than 95% of crimes in Korea are being primarily investigated by the Korean police, we have to understand the importance of the police. By the tremendous investment in investigative training which can lead to the high-quality investigations, the Korean police can ultimately contribute to the protection of safety and life of its people.

• Convergence Security Journal
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• v.13 no.2
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• pp.85-93
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• 2013

Today, the structure of terrorist organizations in the form of a variety of network complexity are evolving. However, terrorist organization not combining randomly generated network but preferential attachment a network. So, it's research should be preceded a better understanding about the characteristics and type of terror network for a effective counter-terrorism policy of law enforcement. In addition, the appropriate response strategy have to technique establish in an era of smart media. In particular, homegrown terrorist attacks on unspecified people without boundaries of countries and regions unlike the traditional terrorism. Also, homegrown terrorism are violence and criminal activity by new various of religion, politics, philosophy. Besides the extreme members of homegrown terror networks went grow up through the evolutionary process in the age of smart media. Law enforcement agencies must identify the terrorist network at the national level. Therefore, terror networks evolving in the online space, forming a radical homegrown terror organizations have access to the network. Intelligence community track terrorist networks and to block the negative aspects of the smart media outlets should be considered.