• The Journal of the Korea institute of electronic communication sciences
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• v.6 no.4
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• pp.533-537
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• 2011

The revision of the criminal procedure act in 2008 marked a great turnaround in the criminal trial system in our country, and the criminal trial system has been based on the trial priority principle from then on. People in general have been entitled to participate in criminal trials, which can be called the jury system, and their awareness of the law has consequently been taken to another level. And the principle of trial by evidence that requires fair process, explanation and scientific evidence is realized in a manner to be appropriate at people(jury)'s level. The prosecution was introduced a video recording system to ensure the efficiency of scientific criminal investigation and assisted every prosecutor's office across the nation to hire computer-added stenographers to back up the documentation of statements during video recording. The purpose of this study was to examine the Korean and foreign computer-added stenography systems and the prospect of computer-added stenography of the video recording system that has been utilized to make a scientific investigation. The effort by this study to look into the roles and prospect of computer-added stenography in the video recording system that has been introduced to improve the efficiency of scientific investigation, which the prosecution pursues, is expected to expedite the advancement of criminal investigation, to guarantee the protection of human rights and to shed new light on the importance and status of computer-added stenography in the trial priority principle.

• Korean Journal of Forensic Psychology
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• v.12 no.3
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• pp.251-277
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• 2021

The aim of this study was to verify the effect of gender and amount of criminal settlement on punitive judgment and responsibility judgment in a false rape allegation case. An online survey was conducted on 406 adult men and women and were randomly assigned to one of six experimental condition. The findings of this study are as follow. First, there was an interaction effect of the gender of the participant and the gender of the defendant in the punitive judgment and responsibility judgment except sentencing judgment. In other words, participants applied heavier punishment and sentencing judgments to the defendants of the opposite gender, while lighter punishment and sentencing judgments were applied to the defendants of the same gender. However, the amount of the criminal settlement did not have a significant effect on all dependent variables. In this study, we empirically examined how the gender of the participants, the gender of the defendant and the amount of the criminal settlement affect the judgment of the false allegation of rape case which has not yet been fully discussed in Korea. In addition, it is meaningful to see how the amount of criminal settlement, which has not been covered before, affects the perception of victims of sexual violence who demand criminal settlement. The implications and limitations of the study were also discussed.

• The Journal of Korean Institute of Electromagnetic Engineering and Science
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• v.28 no.7
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• pp.519-527
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• 2017

The trust issue on the safety of autonomous vehicle is a very important in regard to the demand generation of relevant industries. To secure the trust, The study of legal liability issue should be prior to an accident of the autonomous vehicle. In civil law, it is possible to make the automobile manufacturer take legal responsibility with the "Product Liability Act". Whereas, in criminal law, it is difficult to make him take legal responsibility since the criminal law holds the actor responsible. To solve these problems, this article proposes the establishment of the "Special Act on Autonomous Vehicle". Also, there is a demand for building infra structures and system to operate the (fully) self-propelled vehicle and establishing "certification" systems.

• The Journal of the Korea Contents Association
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• v.19 no.2
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• pp.121-134
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• 2019

The areas be affected maritime police authority of the Republic of Korea, are largely classified as inland waters, territorial waters, exclusive economic zone and continental shelf(hereinafter referred to as "domestic sea area") and high seas. Of these, the maritime police authority in domestic sea area follows a municipal law that accommodates the United Nations Convention on the Law of the Sea(UNCLOS). In addition, this Convention shall apply on the high seas. Meanwhile, on the high seas, foreign vessels other than domestic vessels are allowed to be subject to limited jurisdiction only for the anti-mankind criminal acts, such as piracy etc. this is in accordance with the principle of "Freedom of the high seas" and "maritime flag state," under this Convention. However, the illegal acts of foreign vessels that threaten the security of coastal states and the safety of ships on the high seas can cause many types of crimes other than anti-mankind criminal acts, and the jurisdiction of the coastal states exercised may lead to conflicts between countries. Therefore, this article would like to suggest a plan for institutional improvement to maintain international maritime order on the high seas and secure maritime police authority in coastal states.

• Journal of Korean Society of Forest Science
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• v.8 no.1
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• pp.21-26
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• 1968

Chapter 1 in Article 2 of forest law defines the definition of forest. but its meaning is so wide that it itself containg a lot of contradiction in it. And it lose legal adaptation which gives a lot of hindrance with criminal investigation. Furthermore, it has made extension of ferming lands, and promotion of livestocks which are most important matter to be solved in Korea retarded. Such an act made us bewildered to adapt concerned laws being applied to out law. This is to form a basic principal and define its correction. It is required that forestry of Korea should be utilized valuable and reserve forest region instead of definition totally, and the purpose of reforestation should be clear. In addition to above, it is required to define what forestry is, in the direction of reconstructing forestry better in Korea.

• International Journal of Computer Science & Network Security
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• v.22 no.8
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• pp.380-384
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• 2022

To have a complete and comprehensive understanding of the research subject and to form an integrated legal framework for it, I have sought comprehensively to cover the major written literature on the issue under consideration. I also benefitted from a wide range of research and academic studies pertaining to the same topic, although that literature did not specifically address the issue of consumer rights in electronic contracting in the Saudi e-commerce system. Rather, it addressed only the civil and criminal protection of the consumer in e-commerce. I have divided the reviewed literature into two sections according to the sources.

• Korean Journal of Biological Psychiatry
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• v.23 no.2
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• pp.57-62
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• 2016

Criminology has been understood within a sociological framework until the emergence of neurocriminology, which describes, understands and predicts criminal behaviors from a neurobiological point of view. Not only using biological factors including genes and hormones to understand criminal behaviors, but also using neuroimaging techniques, the field of neurocriminology aims to delve into both structural and functional differences in the brain of individuals with aggression, antisocial personalities, and even the criminals. Various studies have been conducted based on this idea, however, there still are limitations for the knowledge from these studies to be used in the court. In this review article, we provide an overview of the various research in neurocriminology, and provide insight into the future direction and implication of the field.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.32 no.4
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• pp.723-736
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• 2022

Steganography is being used as a means of secret communication for crimes that threaten national security such as terrorism and espionage. With the development of computers, steganography technologies develop and criminals produce and use their own programs. However, the research for steganography is not active because detailed information on national security cases is not disclosed. The development of investigation technologies and the responses of criminal law are insufficient. Therefore, in this paper, the detection and decoding process was examined for steganography investigation, and the method was analyzed for 'the spy case of Pastor Kim', who was convicted by the Supreme Court. Multiple security devices were prepared using symmetric steganography using the pre-promised stego key. Furthermore, the three criminal legal issues: (1) the relevance issue, (2) the right to participate, and (3) the public trial issue a countermeasure were considered in national security cases. Through this paper, we hope that the investigative agency will develop analysis techniques for steganography.

• Korean Security Journal
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• no.43
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• pp.177-204
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• 2015

The Korean Criminal Code ${\S}10$ (1) provides that "The act of a person who, because of mental disorder, is unable to make discriminations or to control one's will, shall not be punished". Therefore, it'll not be able to be given criminal punishment if a mentally defective person is determined to lack the criminal liability. The problem about judging the criminal liability for the mentally defective person exists in areas where the criminal law intersects with psychiatry. Although the supreme court ultimately judges whether the criminal liability by mental defectiveness exists or not, the judgment of mental defectiveness, which is biological element, needs psychiatric knowledge and it is no wonder to rely on this. In particular, a change is required in the procedure and contents of mental examination for a mentally defective person as implementation of the Civil Participation in Criminal Jury Trial. It is needed the improvement of procedure to submit more accurate mental examination and the result of it in order that jurors are able to understand the result of mental examination and make an decision. This is because jurors consisting of ordinary citizens take part in trial. For guaranteeing the precise result of mental examination in the criminal justice procedure, it is necessary to establish the pool of manpower consisting of psychiatrists or psychologists who have completed the specific educational programs about the criminal justice and legal psychiatry, and it is desired to carry out the psychiatric test with selecting appraisers who belong to a pool of manpower. Furthermore, it is required to draw up and submit the written appraisal of mental examination which is easy to be known because of considering the nonprofessional of jurors consisting of ordinary citizens in the Civil Participation in Criminal Jury Trial. In order to gain a fair verdict of the jury about whether mental defectiveness exists or not, it is recommended the prompt submission of the written appraisal of mental examination, the presentation of the written appraisal of mental examination summarizing the important contents, and making out the written appraisal of mental examination for jurors to understand it easily.

• The Korean Journal of Air & Space Law and Policy
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• v.27 no.1
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• pp.3-27
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• 2012

Although aviation safety and security have been improving, which has made air transportation more reliable, the international aviation community has witnessed a steady increase in the number of unruly passenger incidents. Under international law, the Tokyo Convention (The Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963) is applicable to unruly passenger issues. While the Tokyo Convention has been a successful convention which 185 member states have ratified, it has its shortcomings. Three major shortcomings are related to definition, jurisdiction, and enforcement. Firstly, the Tokyo Convention does not provide for a definition of unruly passengers, thereby resulting in a situation where conduct that may be considered to be a criminal offence in the country of embarkation may not be a criminal offence in the country where the aircraft lands. Having different definitions may lead to ineffective action on the part of air carriers. Secondly, the fact that the state of landing does not bear jurisdiction produces circumstances in which it is impossible to punish an unruly passenger who clearly committed an offence on board. Thirdly, the Tokyo Convention only recognizes the competence of the state of registry to exercise criminal jurisdiction but does not impose the duty to actually use that competence in any specific case. Along with ratifying the Tokyo Convention, Korea enacted the Aviation Navigation Safety Act in 1974 as a domestic legal approach to dealing with the problem of unruly passengers. Partially reflecting the ICAO's model legislation, Circular 288, the Aviation Safety and Security Act was enacted in 2002. Although the Korean Aviation Safety and Security Act is a comprehensive act which has been constantly updated, there is no provision with respect to jurisdiction and only the Korean criminal code is applicable to jurisdiction. The Korean criminal code establishes its jurisdiction in connection with territoriality, nationality and registration, which is essentially the same as the jurisdictional principles of the Tokyo Convention. Thus, the domestic legal regime cannot close the jurisdictional gap either. Similarly, Korean case law would not take an active posture to jurisdiction unless the offence in question is a serious one, such as hijacking. A Special Sub Committee of the ICAO Legal Committee (LCSC) was established to examine the feasibility of introducing amendments to the Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963 with particular reference to the issue of unruly passengers. The result of the ICAO's findings should lead to the modernization of the Tokyo Convention, thereby reducing the number of incidents caused by unruly passengers and enabling all parties concerned to respond to unruly passengers more effectively.