• Journal of Information Technology Services
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• v.19 no.3
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• pp.57-73
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• 2020

The proportion of digital evidence in criminal cases has increased, while at the same time, the spread of the Internet has made it easy to delete information that is stored in another place and thus, the Internet is being used to delete online criminal evidence. To respond quickly and effectively to cybercrime, 29 countries signed the Convention on Cybercrime in 2001 through the Council of Europe. Article 16 of the Convention relates to the expedited preservation of stored computer data and requires signatories to adopt legislative measures to enable its competent authorities to order expeditious preservation of specified computer data where there are grounds to believe that the data is particularly vulnerable to loss or modification. More than 60 countries have joined the Convention since 2001 and have made efforts to improve their legal system in line with it. The United States legislated 18 U.S.C. § 2703(f) to preserve electronic evidence pending the issuance of a court order. The German Code of Criminal Procedure §§ 94~95 allows prosecution authorities to seize evidence or issue production orders without court control in urgent circumstances. A custodian shall be obliged to surrender evidence upon a request that evidence be preserved, and non-compliance results in punishment. Japan legislated the Criminal Procedure Act § 197(3) and (4) to establish a legal base for requesting that electronic records that are stored by an ISP not be deleted. The Korean Criminal Procedure Act § 184 outlines procedures for the preservation of evidence but does not adequately address the expeditious preservation of digital evidence that may be vulnerable to deletion. This paper analyzes nine considerations, including request subjects, requirements, and cost reimbursement to establish directions to improve the legal system for the expedited preservation of digital evidence. A new method to preserve online digital evidence in urgent cases is necessary.

• Convergence Security Journal
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• v.19 no.3
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• pp.93-99
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• 2019

In the Republic From the national interest in the recent hiring scandals in the public institutions such as the Financial Supervisory Service, Gangwon Land, and so on, people were outraged by the fact that the competition opportunities were not secured although they should be equally secured to compete with anyone with their capabilities in the fair process. Hence, the government made the public institutions blind hiring to be mandatory, which eliminated writing the academic background, GPA, and English score in the application form and selected the new employees only with job competencies in the public institutions in 2017. In 2018, the prosecution did their best for the investigation on hiring scandal with the strong will to cut the scandal upon announcement of 5-year anti-corruption master plan. Amid this controversy, this study tries to suggest the further direction in the hiring military human resources upon introduction of blind hiring system, reviewing the needs to introduce blind hiring system in the military, the governmental guideline according to the mandatory blind hiring in the public institutions, and the application status of modified blind hiring in the military.

• Journal of Arbitration Studies
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• v.28 no.3
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• pp.35-53
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• 2018

The purpose of this paper is to focus on the development of the arbitration system, such as the establishment of the arbitration industry and expanding the scope of arbitration fields. The solution method of arbitration differs greatly from that of the court's trial process. This can be seen in the way of autonomous conflict resolution. Therefore, the role of arbitrator is a very important function. In this sense, it seems necessary to establish a professional arbitrator system. Now the Arbitration Promotion Act has been enacted and interest in the arbitration industry is also rising. It is necessary to deal effectively with new incidents according to changes in the legal environment internationally. In order to do this, it is imperative to train professional arbitrators. A training plan for arbitration manager to assist this is now under consideration. The coming of the Fourth Industrial Revolution and the growth of artificial intelligence (AI) technology will simply stop the uniform way of determining winners by lawsuits. Even in new companies entering new markets as well as overseas companies, assistance from arbitration experts is indispensable in order to effectively deal with international trade disputes that will develop in the future. In addition to fostering the arbitration industry, it is necessary to train experts in domestic and foreign arbitration and arbitration practitioners to provide high-quality legal services. For these human resource development measures, we will explore the subject and procedural methods. The Arbitrators Association should concentrate on these matters and be cautious when focusing on the training of arbitrators and arbitration managers through the selection process. The Arbitrators Association must strengthen the level of new education (designation / consignment). Measures must be taken in order to grant such procedures as well as subsequent steps.

• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.3-40
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• 2018

Conventionally, there were few cases in which a medical accident became a criminal case in Japan. However, after the serious malpractice such as the Yokohama City University Hospital case, prosecutors came to be less hesitant to prosecute a malpractice. In a medical accident, the attribution of the responsibilities among medical personnel becomes one important element of the proof of negligence. The Supreme Court concluded that, when the attribution of the responsibilities is not established among medical personnel to confirm the identity of the patient like the Yokohama City University Hospital case, all the personnel who were involved bear the responsibilities to identify the patient. For serious cases which requireut most carefulness fortreatment such as the Saitama Medical University Hospital case, not only the chief physician in charge of the case concerned but also the director of the branch at the university hospital bear the responsibilities to confirm the treatment policy of the case. After the acquittal of the Ohno Hospital case, the voice demanding more prudent prosecution of malpractices has become stronger than before. Meanwhile, Ministry of Health, Labour and Welfare introduced Medical Accidents Investigation System for the prevention of medical accident and, has reinforced the third party inspection of medical accidents.

• Journal of Arbitration Studies
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• v.19 no.3
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• pp.93-119
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• 2009

Nowadays the number of crimes is increasing rapidly and society is getting more and more dangerous. Recently the criminal aspect of our society, the intelligence, diversity, localized area, as well as for the crime victims also difficult to predict the damage recovery is not easy to change their level of pain and are also serious. This phenomenon is increasingly expected to intensify, the proper response is a factory. The more so if the victim of murder. The criminal mediation working on the operational adjustments Borrower payment, Construction charges, investments and financial transactions due to interpersonal conflicts that occurred as a fraud, embezzlement, breach of trust property crimes such accused, individuals between the defamatory, offensive, encroachment, violating intellectual property rights and private Disputes about the complaint case and other criminal disputes submitted to mediation to resolve it deems relevant to the case who are accused. But the core of a detective control adjustment, adjust the members' representative to the region, including front-line player or a lawyer appointed by the attorney general at this time by becoming parties to this negative view may be ahead. Some scholars are criticizing the current criminal justice system for the absence of proper care for the criminal victims, as an alternative to the traditional criminal justice system. The introduction of the summary trial and related legal cases, the command structure, compensation system, crime victims' structural system can be seen as more classify, crime subject to victim's complaint, By case with a criminal misdemeanor in addition to disagree not punish criminal, minor offense destination, traffic offenders, regular property crime, credit card theft, intellectual property rights violators can be seen due to more categories can try. They sued in law enforcement, Prosecution case has been received and if any one party to the criminal detective Arbitration request arbitration by the parties can agree to immediately contact must be referred to arbitration within 15 days of when the arbitration case will be dismissed. These kinds of early results of the case related to, lawyers are involved directly in the arbitration shall be excluded. Arbitration system is the introduction of criminal justice agencies working to help resolve conflicts caused by adjustment problems will be able to. This article does not argue that we should stick to the traditional justice system as a whole. Instead it argues that the restrictive role of the traditional justice is to be preserved.

• International Journal of Computer Science & Network Security
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• v.22 no.12
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• pp.146-152
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• 2022

The National Agency for Quality Assurance in Higher Education plays a crucial role in education in Ukraine, as an independent entity creates and ensures quality standards of higher education, which allow to properly implement the educational policy of the state, develop the economy and society as a whole. The purpose of the article: to reveal the crucial role of the National Agency for Quality Assurance in Higher Education to create quality management of higher education institutions, to show its mechanism as an independent entity that creates and ensures quality standards of higher education. and society as a whole. The mission of the National Agency for Quality Assurance in Higher Education is to become a catalyst for positive changes in higher education and the formation of a culture of its quality. The strategic goals of the National Agency are implemented in three main areas: the quality of educational services, recognition of the quality of scientific results, ensuring the systemic impact of the National Agency. The National Agency for Quality Assurance in Higher Education exercises various powers, which can be divided into: regulatory, analytical, accreditation, control, communication. The effectiveness of the work of the National Agency for Quality Assurance in Higher Education for 2020 has been proved. The results of a survey conducted by 183 higher education institutions of Ukraine conducted by the National Agency for Quality Assurance in Higher Education are shown. Emphasis was placed on the development of "Recommendations of the National Agency for Quality Assurance in Higher Education regarding the introduction of an internal quality assurance system." The international activity and international recognition of the National Agency for Quality Assurance in Higher Education are shown.

• Journal of the Korean Society of Child Welfare
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• no.56
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• pp.69-99
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• 2016

Taking the perspective of children's welfare, this study aimed at critically analyzing the system of notification disposition which institutionalized children have experienced. Notification disposition is a juvenile justice process that, when a child (10 th 18 years old ) has been delinquent or is at risk for delinquency, is initiated without investigation or prosecution procedures by direct notification to a judge from the caregivers, school principals, chief probation officers, or directors of child care institutions. The data used in the analysis included case records of probation offices, and court sentencing documents of juvenile protective dispositions. Results showed that notification cases were initiated by directors of child shelters/care institutions. The most common reasons of notification were theft, runaway, physical violence, drinking, and smoking. Furthermore, there were more controversial reasons, such as "bad influence on another institutionalized children", "showing no remorse", "no sense of guilt"and "challenge of rearing in institutions" Based on the results, we discussed three problematic aspects of the direct notification system by directors of childcare institutions : (1) too much reliance on the judicature judgment of juvenile court; (2) less stability of the judicial status of notified children, and (3) inadequacies of the notifying eligibility for directors of child care institutions.

• Korean Security Journal
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• no.15
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• pp.147-171
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• 2008

This study examines the degrees of criminal investigators' job satisfaction and organizational commitment and investigates which factors determine the variations in them. In the first step of analysis, independent variables of criminal investigators' job satisfaction consist of work itself, achievement, responsibility, safety, stability, interpersonal relations, recognition, supervision, and opportunity of growth. In the second step, job satisfaction is a mediating variable and organizational commitment is a defendant variable. Organizational commitment is classified into three types - "affective", "continuance" and "normative". According to the structural equation model analysis, responsibility has a great influence on job satisfaction, and job satisfaction affects affective commitment and continuance commitment. This study suggests that job satisfaction should be increased to improve criminal investigators' organizational commitment. And responsibility is necessary for the improvement of job satisfaction. Despite the professional detective system operating in Korea since January 1, 2005, the level of criminal investigators' recognitions of safety, stability and opportunity of growth turn out to be low. Based on these findings, this study presents four ways to reform measures which are listed below. First, to improve a! n economical circumstance of criminal investigators, any expense associated with criminal investigation should be paid by organizations. Second, to improve safety of criminal investigators, it is necessary to develop and supply enough police equipments. Third, criminal investigators' working hours should be shorten. Fourth, to improve criminal investigators' responsibilities, criminal investigators should be allowed to conduct criminal investigation independently from the prosecution.

• Korean Security Journal
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• no.15
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• pp.173-198
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• 2008

As we took a look at above, this researcher suggest following device to extend Korea's private security industry's area. First, it is necessary to extend private investigation law's area grafting private security together. Second, it is necessary it is necessary to think of private security's role related key figure law, corresponding terror law, Presidential Security Service Guard law. Third, as a draft of a proposed law related prevention flowing out of industry techniques among industry security related law, passed, it is necessary private security's diversity, subdivision, composition through an enterprise security, and private security industry area's grafting together. Fourth, a research about private security company's investment and professional area's bringing up as well as business's extension device should be groped for the security consulting though total system management service. Fifth, there are no big difference education course and purpose, duty about a security police man law and security law's unification, so it is necessary to drive forward actively unification through government organization's cooperation. Sixth, a paradigm shift should be occured about private security service among policeman, citizen, and private security guards. Seventh, it is considered the role of security association is important. Lastly about a matter communication between the National Police Agency, and Security Association, not only look at from an authority's angle, collecting information, corresponding ability but now it is considered to grope each other cooperation device together among organizations not only the National Police Agency but also, National Organization, National Intelligence Service, the prosecution, Presidential Security Service Guard, Army etc.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.87-123
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• 1989

The purpose of this thesis is to do a research on suppression of peacetime international terrorism and penal system of terrorists by political and economic means. International terrorism means wanton killing, hostage taking, hijacking, extortion or torture committed or threatened to be comitted against the innocent civilian in peacetime for political motives or purposes provided that international element is involved therein. This research is limited to international terrorism of political purposes in peacetime, especially, hijacking of civil aircraft. Hijacking of civil aircraft include most of international terrorism element in its criminal act and is considered to be typical of international terrorism in view of multinationality of its crews, passengers and transnational borders involved in aircraft hijacking. Civil air transportation of today is a indispensable part of international substructure, as it help connect continuously social cultural and economic network of world community by dealing with massive and swift transportation of passengers and all kinds of goods. Current frequent hijacking of civil aircraft downgrade the safety and trust of air travel by mass slaughter of passengers and massdestruction of goods and endanger indispensable substructure of world community. Considering these facts, aircraft hijacking of today poses the most serious threat and impact on world community. Therefore, among other thing, legal, political, diplomatic and economic sanctions should be imposed on aircraft hijacking. To pursue an effective research on this thesis aircraft hijacking by six Chineses on 5th May, 1983, from mainland China to Seoul, Korea, is chosen as main theme and the Republic of Korea's legal, political and diplomatic dealing and settlement of this hijacking incident along with six hijackers is reviewed to find out legal, political diplomatic means of suppression and solution of international terrorism. Research is focused on Chinese aircraft hijacking, Korea-China diplomatic negotiation, Korea's legal diplomatic handling and settlement of Tak Chang In, mastermind of aircraft hijacking and responses and position of three countries, Korea, China and Taiwan to this case is thoroughly analyzed through reviewing such materials as news reportings and comments of local and international mass media, Korea-China Memorandum, statements of governments of Korea, China and Taiwan, verdicts of courts of Korea, prosecution papers and oral argument by the defendants and lawyers and three antiaircraft hijacking conventions of Hague, Tokyo and Montreal and all the other instruments of international treaties necessary for the research. By using above-mentioned first-hand meterials as yardsticks, legal and political character of Chinese aircraft hijacking is analyzed and reviewed and close cooperation among sovereign states based on spirit of solidarity and strict observance of international treaties such as Hague, Tokyo and Montreal Conventions is suggested as a solution and suppressive means of international terrorism. The most important and indispensable factor in combating terrorism is, not to speak, the decisive and constant resolution and all-out effort of every country and close cooperation among sovereign states based on "international law of cooperation."