• Title/Summary/Keyword: criminal law

검색결과 283건 처리시간 0.019초

Study on Aircraft Accident Investigation (군항공기사고조사에 관한 연구)

  • Kim, Hae-Ma-Joong;Ha, Hong-Young;Hong, Sang-Beom
    • The Korean Journal of Air & Space Law and Policy
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    • 제18권
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    • pp.325-362
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    • 2003
  • In an effort to enhance the independence of and expertise in military aircraft accident investigation, a permanent accident investigation board should be established. Establishing permanent accident investigation board would render the military accident investigation more reliable and would increase its public esteem. Because there is no provision governing the responsibilities of the investigation and cooperation between civil and military authority in case that both civil and military aircraft are involved, it is necessary to fill this gap by enacting appropriate laws. In case of civil aircraft accident investigation involving a military issue, it would be better to allow military authority to be involved in the investigation. For the betterment of investigation, it is also necessary to provide a field investigator an authority to directly collect relevant information. Since the sole purpose of accident investigation is to prevent the recurrence of aircraft accidents, the scope of information disclosure should be limited and the investigation report shall be used for neither criminal procedure nor disciplinary procedure so that the objectivity of the investigation should be ensured.

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Measures to minimize the side effects of the increased use of Artificial Intelligence Robo-Advisor (인공지능 로보어드바이저의 활성화에 따른 부작용 최소화를 위한 제도적 보완점)

  • Kim, Dong Ju;Kwon, Hun Yeong;Lim, Jong In
    • Journal of the Korea Convergence Society
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    • 제8권10호
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    • pp.67-73
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    • 2017
  • In this study, we mainly inquired into structural reforms of the current legal system that could minimize the side effects and protect financial customers as the use of AI robo-advisor were increasing. First, regarding a specific reform, it is necessary to introduce and establish a rapid detection system for unusual transactions by the Robo-advisor management company, the strict liability of the management company, the management company's mandatory obligation to obtain indemnity insurance, and limited criminal penalties. Furthermore, it is necessary to establish a comprehensive basic law regarding AI. In this basic law, the promotion of the development of AI technology and the minimization of side effects should be dealt with in harmony with each other. Like the approach of this study, we hope that similarly detailed and practical discussions will be made on the AI era from various perspectives in the future.

A Study How to Decide the Priority on choosing between National Health Insurance and Automobile Insurance In Korea -Focused on medical expenses of the Insured's own bodily Injury Coverage- (건강보험과 자동차보험의 선택적 우선적용에 대한 고찰 -경과실 자기신체피해 교통사고를 중심으로-)

  • Song, Ki-Min;Choi, Ho-Young;Kim, Jin-Hyun
    • The Korean Society of Law and Medicine
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    • 제10권2호
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    • pp.287-307
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    • 2009
  • A person is injured in car accident caused by his/her slight negligence except he / she causes accident by his / her willfulness or gross negligence. Because the National Health Insurance Corporation (hereinafter called "Corporation") shall not provide any insurance benefit "when he has intentionally or through gross negligence caused a criminal conduct or intentionally contributed to the occurrence of an accident" referred to in Article 48 (1) 1 of the National Health Insurance Act. So, if he / she is insured by his / her own bodily injury coverage, he / she can be compensated for his / her medical expenses. The injured have the rights to file either National Health Insurance claim and Automobile Insurance claim but there is no clear and definite adjustment clause. The claim disputes between National Health Insurance (hereinafter called "NHI") and Automobile Insurance (hereinafter called "AI") in the own bodily injury coverage makes some problems. Firstly, there are some differences in co-payments which he / she chooses between NHI and AI. Profit per a patient is higher in the NHI than in the AI. Secondly, it can provoke criticism that people shall unnecessarily pay double contributions. Lastly, it can raise moral hazards. For example, if he / she can cover the compensations when the insured receives the compensations from his / her insurer, the Corporation can be claimed by medical care institution payment of the health care benefit costs. In conclusion, first of all, to improve the national health and preserve the insured's rights the Corporation shall keep notice these facts.

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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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    • 제17권3호
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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.

The Comparison on the Investigative Training between the Current Korean National Police and the Law Enforcement Agencies of U.S.A. and Germany (현 대한민국 경찰의 수사교육과 미국, 독일 수사기관과의 비교)

  • Kim, Dae-Sik;Lee, Sang-Han
    • Journal of forensic and investigative science
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    • 제2권1호
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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.

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Unnatural Dead Body Treatment by Police -Centering on Japanese Police System- (경찰의 변사자 처리에 관한 연구 -일본경찰제도를 중심으로-)

  • Lee, Sang-Won;Lee, Seung-Chal
    • The Journal of the Korea Contents Association
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    • 제11권8호
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    • pp.239-246
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    • 2011
  • Korea has a problem in treating unnatural dead bodies; law enforcement police officers have a difficulty in analyzing an accurate cause of a death, for they are not specialized in autopsy. But they must take charge of the affair at a spot for the first time. Sometimes this may give an indulgence to a killer. It results in generating an unjust victim. So, a police activity in response to an unnatural dead body must be improved surely. As a response to it, this thesis scrutinizes the unnatural dead body treatment under the Japanese police system, taking a continental law, which has a legal structure similar to our's, and on the basis of it presents a suggestion in response to an unnatural dead body by Korean police. First, the system on treating the unnatural dead body has to be severe. Second, police engaging in treating the unnatural dead body have to take the education on treating dead bodies more deeply. Third, implements on treating dead bodies have to be secured.

Review on the Terror Network in Smart Media Era (스마트미디어 시대의 테러네트워크에 관한 고찰)

  • Lim, You Seok;Kim, Sang Jin
    • Convergence Security Journal
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    • 제13권2호
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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.

A Global Comparative Study on the Game Rating System (게임물 등급분류제도의 국제 비교 연구)

  • Kim, Sung-Won;Lee, Hwan-Soo;Jung, Hae-Sang
    • Journal of Digital Convergence
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    • 제17권12호
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    • pp.91-108
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    • 2019
  • Game have become a universal leisure culture for the world. However, not only did the development of the game industry have a positive impact on society, but it also brought about various social problems, such as adversely affecting youth and encouraging criminal acts. In order to minimize these effects, countries around the world operate a game rating system to provide games suitable for age and social values from children and young people to the general public. Since games are new digital content, the limitations of the rating system are still discussed in many studies. Therefore, this study investigates the current status of global game regulation by investigating game rating systems of various countries including Korea. In addition, by comparing and analyzing the game rating system in Korea and the system of other countries, this study suggests a direction to improve our system more appropriately. The results of this study will contribute to securing the effectiveness and standardization of domestic game classification system.

Assembly of Magnetic Nano-Fe3O4@GSH-Au NCs Core-Shell Microspheres for the Visualization of Latent Fingerprints

  • Huang, Rui;Tang, Tingting
    • Nano
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    • 제13권11호
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    • pp.1850128.1-1850128.10
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    • 2018
  • Glutathione (GSH), the protective agent and reducing agent, has been widely used to prepare gold nanoclusters (GSH-Au NCs) with stable fluorescence properties and negative charge of the surface. Meanwhile, polyethyleneimine (PEI) was used as the modification agent to synthesize magnetic ferroferric oxide nanoparticles ($Fe_3O_4$) with fantastic dispersibility and positive charge of the surface. Based on the electrostatic adsorption force, magnetic nano-$Fe_3O_4@GSH-Au$ NCs core-shell microspheres composed of magnetic $Fe_3O_4$ nanoparticles modified by PEI as the core and GSH-Au NCs as the shell were assembled. The prepared $Fe_3O_4@GSH-Au$ NCs microspheres harbored a uniform size (88.6 nm), high magnetization (29.2 emu/g) and excellent fluorescence. Due to the coordination bond action between Au atom and sulfhydryl (-SH), amino ($-NH_2$), carboxyl (-COOH) in sweat, $Fe_3O_4@GSH-Au$ NCs could combine with latent fingerprints. In addition, $Fe_3O_4@GSH-Au$ NCs with good fluorescence and magnetism could detect fingerprints on various objects. Significantly, the powders were not easy to suspend in the air, which avoided the damage to the health of forensic experts and the fingerprints by only powder contacting. Above all, $Fe_3O_4@GSH-Au$ NCs was successfully applied to the latent fingerprint visualization, which has great potential in forensic science.

Past records for the application of arbitrary accomplice regulations to Accomplice-essential crimes

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • 제27권3호
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    • pp.149-155
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    • 2022
  • The view of not fully denying the application of accomplice regulations to non-punishable opponents has fallen into a formal and logical circular argument that only provides formal grounds for non-punishment and has failed to provide practical grounds. In addition, it can be said that it has a criminal policy problem contrary to the legal sentiment of the general public by not punishing the active government travel activities of non-punishable accomplices. Therefore, in order to solve this problem, it is necessary to respect the legislator's intention that general non-punishment accomplices can be punished if they exceed the 'minimum government travel commission'. Therefore, if an unpunishable accomplice acts at least within the act required to realize the constituent requirements, the application of the accomplice regulations shall be excluded, and the accomplice regulations shall be applied only if they exceed that extent. In addition, if the indispensable counterparty is a protected person or has no responsibility (possibility of expectation), it can be said that it has provided a practical basis for the inability to punish, so it can be understood as impossible to punish. This interpretation method is thought to be able to present concrete validity in marginal cases where the counterparty is more responsible by substantially presenting the basis for an unpunishable accomplice.