• Title/Summary/Keyword: criminal code

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Whoes Hands on Your Corpse?: Historical and Critical Comment on a Case (소유권에 기한 유체인도청구의 허용 여부 - 대법원 2008.11.20. 선고, 2007다27670 전원합의체 판결 (집(集) 56-2, 민(民)164) -)

  • Lee, Joon-Hyong
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.199-239
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    • 2010
  • In 2008, the Korean Supreme Court came across a plaintiff's claim to return his deceased father who had left family more than four decades ago and lived with another spouse(de facto) in the meantime to be buried after death in a cemetery of his own choice. The major opinion decided to approve the claim, on the ground that the first legitimate son should be the "head worshiper" prescribed in the article 1008-3 of the Korean Civil Code and that the corpse belong to the head woshiper, i. e. the head woshiper has a special "limited ownership" over the corpse for the purpose of its burial and worship, adding that a deceased's disposition inter vivos, if any, be only ethically but by no means legally binding others, including the head worshiper of course. Here scrutinized are the historical developments starting from the Roman criminal law of sepulchri violatio(trespass to grave) through the Canon law of the Middle Age and the doctrinal reactions to the challenges of anatomy and surgery to the formation of the "supporting the deceased" theory in Germany as well as the similarities in other european continental countries(Switzerland, Austria and France). The comparative review shows that the right of remaining family could neither be identified as limited "ownership" nor that the controversy over a corpse be solved by exclusively attributing/distributing it to one/some of the descendants. In principle, the question should be approached in the extension of family support.

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Study on the categorization of modus operandi and tools used in domestic burglary (건축물 침입에 이용되는 침입수법 및 도구의 유형화 연구)

  • Park, Hyeon-Ho;Cho, Joon-Tag
    • Korean Security Journal
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    • no.40
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    • pp.57-86
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    • 2014
  • As the revision of Building Code including applying crime prevention design to buildings passed recently and target hardening ought to be evidence-based, we studied the Modus Operandi (MO) and intrusion tools of domestic burglary to earn basic data for improvement of crime prevention hardware in the future. To be specific, we reviewed related academic literature and police official statistics of domestic burglary critically and interviewed detectives in charge of burglary to specify and categorize MO and tools. We can derive some implications from research findings, including improvement of the statistical system for the MO of burglary, active sharing of the MO of burglary among the criminal justice agencies and related industries and experts. Also, crime prevention advice and education for the local residents focused on MO of burglary can be recommended. Based on this research, to enhance the level of community safety significantly, performance tests of crime prevention hardware such as security doors and windows etc. and the study on related certification system should be vitalized.

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Passports Recognition Using ART2-Based RBF Network (ART2 기반 RBF 네트워크를 이용한 여권 인식)

  • Kim Kwang-Baek;Oh Am-Suk
    • Journal of Korea Multimedia Society
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    • v.8 no.5
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    • pp.700-706
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    • 2005
  • The immigration control system authorizes the immigration of travelers by means of passport inspections such as the judgment of forged passports, the search for a wanted criminal or a person disqualified for immigration, etc. The judgment of forged passports plays an important role in the immigration control system. Therefore, as the pre-phase for the judgment of forged passports, this paper proposed a novel method for the recognition of passport using ART2-based RBF network. The proposed method extracts the area of code and individual codes by applying the Sobel masking, the smearing and the contour tracking algorithm in turn to the passport image. This paper proposed the RBF network that applies the ART2 algorithm to the middle layer, and applied the enhanced RBF network to the recognition of individual codes. The results of the experiments for performance evaluation on the real passport images showed that the proposed method has the better performance compared with other approaches.

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A Study of Using the Car's Black Box to generate Real-time Forensic Data (자동차의 블랙박스를 이용한 실시간 포렌식 자료 생성 연구)

  • Park, Dea-Woo;Seo, Jeong-Man
    • Journal of the Korea Society of Computer and Information
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    • v.13 no.1
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    • pp.253-260
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    • 2008
  • This paper is based on the ubiquitous network of telematics technology, equipped with a black box to the car by a unique address given to IPv6. The driver's black box at startup and operation of certification, and the car's driving record handling video signals in real-time sensor signals handling to analyze the records. Through the recorded data is encrypted transmission, and the Ubiquitous network of base stations, roadside sensors through seamless mobility and location tracking data to be generated. This is a file of Transportation Traffic Operations Center as a unique address IPv6 records stored in the database. The car is equipped with a black box used on the road go to Criminal cases, the code automotive black boxes recovered from the addresses and IPv6, traffic records stored in a database to compare the data integrity verification and authentication via secure. This material liability in the courtroom and the judge Forensic data are evidence of the recognition as a highly secure. convenient and knowledge in the information society will contribute to human life.

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A Study on the Necessity of Limitation for Legal Liability in Marine Accidents (해양사고에 있어서 책임귀속의 제한 필요성에 관한 연구)

  • Ji, Sang-Won
    • Journal of Navigation and Port Research
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    • v.34 no.3
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    • pp.251-255
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    • 2010
  • A marine accident is caused various legal liability such as compensation for damages on civil law, responsibility on the Criminal Code and administrative sanctions. The results occurred by any acts is not connected directly to the legal responsibility. As a prior condition for these legal liabilities, it is required the causation between the act caused and the occurrence of the effect. It is very difficult to find out the cause in marine accidents, because of trouble of a proof security, the place occurred, time difference between accident and investigation point of time etc.. However, finding out the correct cause is an element important to prevent similar accident and to determine the liability reverted. The logical concept of the causation is not limited, but there is early necessity to limit it in the liability reverted. Therefore, this study aims to suggest reasonable standard to determine liability reverted in marine accidents.

A Study on Human Rights in North Korea in terms of Haewon-sangsaeng (해원상생 관점에서의 북한인권문제 고찰)

  • Kim Young-jin
    • Journal of the Daesoon Academy of Sciences
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    • v.43
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    • pp.67-102
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    • 2022
  • The purpose of this study is to analyze the human rights found in the North Korean Constitution and their core problem by focusing on elements of human rights suggested by Daesoon Jinrihoe's doctrine of Haewon-sangsaeng (解冤相生 the Resolution of Grievances for Mutual Beneficence). Haewon-sangsaeng is seemingly the only natural law that could resolve human resentment lingering from the Mutual Contention of the Former World while leading humans work for the betterment of one another. Haewon-sangsaeng, as a natural law, includes the right to life, the right to autonomous decision-making, and duty to act according to human dignity (physical freedom, the freedom of conscience, freedom of religion, freedom of speech, freedom of press, etc.), the right to equal treatment in one's social environment, and the right to ensure the highest level of health through treatment. The North Korean Constitution does not have a character as an institutional device to guarantee natural human rights, the fundamental principle of the Constitution, and stipulates the right of revolutionary warriors to defend dictators and dictatorships. The right to life is specified so that an individual's life belongs to the life of the group according to their socio-political theory of life. Rights to freedom are stipulated to prioritize group interests over individual interests in accordance with the principle of collectivism. The right to equality and the right to health justify discrimination through class discrimination. The right to life provided to North Koreans is not guaranteed due to the death penalty system found within the North Korean Criminal Code and the Criminal Code Supplementary Provisions. The North Korean regime deprives North Koreans of their right to die with dignity through public executions. The North Korean regime places due process under the direction of the Korea Worker's Party, recognizes religion as superstition or opium, and the Korea Worker's Party acknowledge the freedoms of bodily autonomy, religion, media, or press. North Koreans are classified according to their status, and their rights to equality are not guaranteed because they are forced to live a pre-modern lifestyle according to the patriarchal order. In addition, health rights are not guaranteed due biased availability selection and accessibility in the medical field as well as the frequent shortages of free treatments.

A Study on the Digital Forensics Artifacts Collection and Analysis of Browser Extension-Based Crypto Wallet (브라우저 익스텐션 기반 암호화폐 지갑의 디지털 포렌식 아티팩트 수집 및 분석 연구)

  • Ju-eun Kim;Seung-hee Seo;Beong-jin Seok;Heoyn-su Byun;Chang-hoon Lee
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.33 no.3
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    • pp.471-485
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    • 2023
  • Recently, due to the nature of blockchain that guarantees users' anonymity, more and more cases are being exploited for crimes such as illegal transactions. However, cryptocurrency is protected in cryptocurrency wallets, making it difficult to recover criminal funds. Therefore, this study acquires artifacts from the data and memory area of a local PC based on user behavior from four browser extension wallets (Metamask, Binance, Phantom, and Kaikas) to track and retrieve cryptocurrencies used in crime, and analyzes how to use them from a digital forensics perspective. As a result of the analysis, the type of wallet and cryptocurrency used by the suspect was confirmed through the API name obtained from the browser's cache data, and the URL and wallet address used for the remittance transaction were obtained. We also identified Client IDs that could identify devices used in cookie data, and confirmed that mnemonic code could be obtained from memory. Additionally, we propose an algorithm to measure the persistence of obtainable mnemonic code and automate acquisition.

A Life-History Approach to the Practice of Early Marriage in Ethiopia (에티오피아의 조혼 관습에 대한 생애사적 접근)

  • Seol, Byung-Soo
    • Cross-Cultural Studies
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    • v.42
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    • pp.69-106
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    • 2016
  • Early marriage in contemporary society has brought about many problems. The practice is encouraged by gender inequality, poverty and social norms. It reproduces social power imbalances including increased economic vulnerability of women, low educational attainment of girls, gender inequality at home and in the labor market, physical and sexual violence against women and their health problems. The Ethiopian government increased the minimum legal age of marriage for women from 15 to 18 years, by revising its family code in 2000 and newly adopting a criminal law in 2005 that includes punishment against any harmful tradition. Nonetheless, early marriage is still widely practiced in many parts of rural Ethiopia. This is because the practice has long been embedded and deeply rooted in the lives of the people. Earlier literature on early marriage in Ethiopia tends to focus only on women's experiences and regard that all early-married people, particularly women, are unhappy with their lives. This paper attempts to explore the issue of early marriage through voices of people with diverse socioeconomic backgrounds, in order to address the limitations of the previous literature. This article aims at examining why early marriage has occurred in Ethiopia and how it has affected family life and women's educational attainment, focusing on the case of Meki town. As seen from this study, it is true that early marriage generally had negative influences on the lives of women. However, it is equally true that some men are also victims of the practice while some women have improved their lives by means of it. This implies that we need to listen to the voices of diverse people when we examine early marriage.

The Prohibition Against Medical Refusal and the Principle of Private Autonomy in Medical Contracts (보건의료관련 법률의 진료거부금지에 관한 규정이 의료계약에서 계약의 자유를 제한하는지에 관하여)

  • Yi, Jaekyeong
    • The Korean Society of Law and Medicine
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    • v.22 no.2
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    • pp.81-109
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    • 2021
  • This paper review about the relationship between the prohibition against medical refusal and the principle of private autonomy in medical contracts. The obligation to this Prohibition in Medical Law does not restrict the liberty of contracting a medical contract. On the other hand, the prohibition limits the freedom to terminate medical contracts. Medical contracts can be terminated if the trust between doctors and patients is vanished. However certain restrictions should be placed on termination of the medical contract, because termination of the contract should not be detrimental to patients' health. According to the current medical law the medical contract is to be enforced in principle and can be revoked only with justifiable reason. At the Civil Code on Medical Contracts the freedom to terminate the medical contract is permitted, but this paper suggests the restrictions of the revocation under certain conditions. The Criminal Punishment Regulations against medical refusal should be removed. Refusal the provide medical service should be regulated by administrative sanctions under the National Health Insurance Act's obligation.

A Forensic Methodology for Detecting Image Manipulations (이미지 조작 탐지를 위한 포렌식 방법론)

  • Jiwon Lee;Seungjae Jeon;Yunji Park;Jaehyun Chung;Doowon Jeong
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.33 no.4
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    • pp.671-685
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    • 2023
  • By applying artificial intelligence to image editing technology, it has become possible to generate high-quality images with minimal traces of manipulation. However, since these technologies can be misused for criminal activities such as dissemination of false information, destruction of evidence, and denial of facts, it is crucial to implement strong countermeasures. In this study, image file and mobile forensic artifacts analysis were conducted for detecting image manipulation. Image file analysis involves parsing the metadata of manipulated images and comparing them with a Reference DB to detect manipulation. The Reference DB is a database that collects manipulation-related traces left in image metadata, which serves as a criterion for detecting image manipulation. In the mobile forensic artifacts analysis, packages related to image editing tools were extracted and analyzed to aid the detection of image manipulation. The proposed methodology overcomes the limitations of existing graphic feature-based analysis and combines with image processing techniques, providing the advantage of reducing false positives. The research results demonstrate the significant role of such methodology in digital forensic investigation and analysis. Additionally, We provide the code for parsing image metadata and the Reference DB along with the dataset of manipulated images, aiming to contribute to related research.