• Title/Summary/Keyword: criminal law

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Artificial Intelligence In The Modern Educational Space: Problems And Prospects

  • Iasechko, Svitlana;Pereiaslavska, Svitlana;Smahina, Olha;Lupei, Nitsa;Mamchur, Lyudmyla;Tkachova, Oksana
    • International Journal of Computer Science & Network Security
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    • v.22 no.6
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    • pp.25-32
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    • 2022
  • The hypothesis of the study of the article is that the use of elements of artificial intelligence will increase the effectiveness of the educational process of the university if: a set of pedagogical conditions for the construction and use of an expert system with elements of artificial intelligence in the educational process of the university is revealed; a model for preparing a future teacher of vocational training for the use of elements of artificial intelligence has been developed; a special course has been developed that contributes to the implementation of the professional orientation of education. In accordance with this, the following tasks were studied in the article: An analysis of scientific and methodological research in the field of the current state, prospects for the development and use of elements of artificial intelligence in the preparation of a future teacher of vocational training and to determine the dynamics of the introduction of intelligent expert systems in education; A set of pedagogical conditions for the construction and use of an expert system with elements of artificial intelligence in the educational process of a university is revealed; It is substantiated to develop a model for preparing a teacher of vocational training to use elements of artificial intelligence.

Whether to put on Criminal convictions on the medical examination records prepared by medical personnels - Sentenced by November 24, 2005, by The Supreme Court, Precedent case no. 2002DO4758 - (의료인의 진료기록부 등 허위작성시 형사처벌 가부 - 대법원 2005. 11. 24. 선고 2002도4758 판결 -)

  • Park, Kyong-Chun
    • The Korean Society of Law and Medicine
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    • v.8 no.1
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    • pp.107-135
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    • 2007
  • In preparation of the medical examination records, the failure to correctly write the taken medical behaviors on the medical examination records, is subject to criminal conviction due to the breach of the Article 21-1. The false or overstated writings on the medical examination records is subject to the same punishment due to the Article 21-1, which $\underline{additionally}$ may lead to the administrative measures such as the suspension of license according to Article 53-1. The interpretation is considered as proper in light of the function of the medical examination records, hazard to the patients, and the doctors' ethics. In light of the attitude of The Supreme Court for the preparation obligation of the medical examination records specified in the medical law Article 21-1(Purport : The doctors may continue to use their opinions on the patient's status and treatment process on the medical examination records, may provide the proper information to other medical staff, and ought to specify the details enough to decide the appropriateness of such medical behaviors after the recent treatment.), the false writings of the doctors on the medical examination records of the non-treated patient as faithfully treated one during the entire period before the present hospitalization, will be regarded as the fulfillment obligation of the preparation of the medical examination records in the medical law Article 21-1.

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Possibility of Establishing an International Court of Air and Space Law (국제항공우주재판소의 설립 가능성)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.139-161
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    • 2009
  • The idea of establishing an International Court of Air and Space Law (hereinafter referred to ICASL) is only my academic and practical opinion as first proposal in the global community. The establishment of the International Court of Air and Space Law can promote the speed and promote fairness of the trial in air and space law cases. The creation of an ICASL would lead to strengthening of the international cooperation deemed essential by the global community towards joint settlement in the transnational air and space cases, claims and would act as a catalyst for the efforts and solution on aircraft, satellite and space shuttle's accidents and cases and all manpower, information, trial and lawsuit to be centrally managed in an independent fashion to the benefit of global community. The aircraft, satellite and spacecraft's accidents attributes to the particular and different features between the road, railway and maritime's accidents. These aircraft, satellite and spacecraft's accidents have incurred many disputes between the victims and the air and space carriers in deciding on the limited or unlimited liability for compensation and the appraisal of damages caused by the aircraft's accidents, terror attack, satellite, space shuttle's accidents and space debris. This International Court of Air and Space Law could hear any claim growing out of both international air and space crash accidents and transnational accidents in which plaintiffs and defendants are from different nations. This alternative would eliminate the lack of uniformity of decisions under the air and space conventions, protocols and agreements. In addition, national courts would no longer have to apply their own choice of law analysis in choosing the applicable liability limits or un-limit for cases that do not fall under the air and space system. Thus, creation of an International Court of Air and Space Law would eliminate any disparity of damage awards among similarly situated passengers and shippers in nonmembers of air and space conventions, protocols, agreements and cases. Furthermore, I would like to explain the main items of the abovementioned Draft for the Convention or Statute of the International Court of Air and Space Law framed in comparison with the Statute of the International Court of Justice, the Statue of the International Tribunal for the Law of the Sea and the Statute of the International Criminal Court. First of all, in order to create the International Court of Air and Space Law, it is necessary for us to legislate a Draft for the Convention on the Establishment of the International Court of Air and Space Law. This Draft for the Convention must include the elected method of judges, term, duty and competence of judge, chambers, jurisdiction, hearing and judgment of the ICASL. The members of the Court shall be elected by the General Assembly and Council of the ICAO and by the General Assembly and Legal Committee of the UNCOPUOS from a list of persons nominated by the national groups in the six continent (the North American, South American, African, Oceania and Asian Continent) and two international organization such as ICAO and UNCOPUOS. The members of the Court shall be elected for nine years and may be re-elected as one time. However, I would like to propose a creation an International Court of Air and Space Law in extending jurisdiction to the International Court of Justice at the Hague to in order to decide the air and space convention‘s cases. My personal opinion is that if an International Court on Air and Space Law will be created in future, it will be settled quickly and reasonably the difficulty and complicated disputes, cases or lawsuit between the wrongdoer and victims and the injured person caused by aircraft, satellite, spacecraft's accidents or hijacker and terrorists etc. on account of deciding the standard of judgment by judges of that’s court. It is indeed a great necessary and desirable for us to make a new Draft for the Convention on a creation of the International Court of Air and Space Law to handle international air and space crash litigation. I shall propose to make a new brief Draft for the Convention on the Creation of an International Court of Air and Space Law in the near future.

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Review on Correctional Health Care of Custody Facilities (교정시설 재소자의 보건의료관리실태에 관한 고찰)

  • Cho Yoo Hyang;Sung Seung Mo
    • Journal of Korean Public Health Nursing
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    • v.10 no.2
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    • pp.61-73
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    • 1996
  • The Korea now incarcerates a greater percentage of its Population than any other country : For 63,000 prisoners in 40 prisons and jails. Most inmates are mate. young, poor, and morbidity groups. Most are substance abusers with substantial physical and mental health needs. Corrections in general and correctional health care in particular have suffered negative consequence : severe overcrowding, insuffcient programs as the acquired immunodeficiency syndrome(AIDS). tuberculosis, and hepatitis. The large increase in the number of substance abusers and sick and terminally ill inmates has rendered our nation's prisons and jails physically or financially unable to deal with their current populations, much less the explosive increases the future holds. It is the magnitude of inmate health problems that threatens to overwhelm the substantial gains made in correctional health care over the past two decades. As measured by recognized standards of inmate health and health services, our correctional systems are in crisis. As a nation. we must respond to the problem of health problem with national strategies that do not overwhelm the capacity of our criminal justice system to care for its inmates.

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Review on Need for Introduction of New Legal Framework of Investigation and Criminal Sanctions for OSH Fatal Accidents

  • Park Doo Yong
    • International Journal of Safety
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    • v.3 no.1
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    • pp.47-52
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    • 2004
  • Current OSH system was analyzed in this paper to explain why high fatal incidents and disasters are continuously repeated for recent years in Korea. It was found that we have Dichotomous Perceptional Misconception of prevention before accident and compensation after accident and there is a significant lack of proper feed­back reward system for OSH performance. It was assumed that no reduction of accident rate and fatality rate have not been achieved recently despite of a great effort and increased resource allocations. Some statistics for proving weak punishment were analyzed. In the current system, the will of administrative agency would have been very limited particularly in the legal aspects. The Industrial Safety and Health Act is not suitable to after-injury punishment for employer and/or corporate since it is based on a framework for enforcement of prevention. Based on these analyses, it was concluded that there was a need to consider a special law for Corporate Accountability for Fatal Accidents. Because it is necessary to consider seriously for introduction of a new legal system for after injury punishment to repair the current system where it was found lack of proper feedback system. Also, there was no proper sanction measures for corporate with the current OSH legal system, and the most urgent problem in OSH area is the high fatality rate. it is necessary to consider seriously for introduction of a new legal system for after injury punishment. Also, there is no proper sanction measures for corporate with the current OSH legal system, and the most urgent problem in OSH area is the high fatality rate.

Liability of Tort Related to Private Security in America (미국의 민간경비관련 불법행위 책임)

  • Choi, Sun-Woo
    • The Journal of the Korea Contents Association
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    • v.8 no.1
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    • pp.39-47
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    • 2008
  • These days American private security industries has rapidly grown, and its scales(employment, expenditures) exceed the public police. American private security are based on the theories such as privatization, co-production, and build more developmental framework. But the behind of private security, its civil and criminal liabilities are more issued. In this, among the civil liabilities focused on the tort liability. In civil liabilities, contract liability is specially raised by between contractors, on the other hand tort liability is raised in general without special relationship in civil law relations. In this study, I would observe the types, conditions, protest reasons and the cases in tort generated by private security officials.

The relation between the five critical crime of criminal law and the private security services (형법범죄 중 5대 범죄와 민간경비 간의 관계)

  • Joo, Il-Yeob;Jo, Gwang-Rae
    • Korean Security Journal
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    • no.8
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    • pp.361-377
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    • 2004
  • This study is to examine the relations between the big five critical crime that consist of homicide, robbery, rape, theft, violence and the private security services. To achieve this objective, this research selected the subject of study, specially, 2002 status of the private security such as the number of companies and employees classified by areas along with the big five crime mentioned above classified by area. The research data is secondary data that is from '2003 Crime Analysis' of the Supreme Public Prosecutors' Office and 'The private Security Related Data' of the National Police Agency. The selected data were analyzed according to the variables by using SPSS 10.0 statistics software program. Each hypothesis was verified around the level of significance ${\alpha}$=.05 by using the statistical techniques, such as Descriptive Statistics, Correlation, Regression, etc. The following was the result of the study, First, the total number of the big five crime affects the number of the companies at significant level. Second, the number of the security companies can be explained by the each total number of the big five crime in the order of theft, robbery, violence, rape and murder. Third, the total number of the big five crime affects the number of the security employees at significant level. Forth the number of the security employees can be explained by the each total number of the big five crime in the order of theft, robbery, violence, rape and murder.

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Reinforcement of Criminal Responsibility of Corporations in the Occurrence of an Accidental Death in the U.K.: Focusing on "Corporate Manslaughter and Corporate Homicide Act 2007" (사망재해 발생 기업에 대한 형사책임 강화 - 영국의 '법인 과실치사법'을 중심으로 -)

  • Jung, Jinwoo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.23 no.4
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    • pp.374-383
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    • 2013
  • Objectives: The major objective of this study is to review overall and in detail the Corporate Manslaughter and Corporate Homicide Act 2007 in the U.K.and the principal contents of this act. Methods: A variety of articles related to the background and circumstances under which the legistration was enacted and the details of this act were investigated and analyzed. Results: In enacting Corporate Manslaughter and Corporate Homicide Act 2007, legislators mainly took elements of legal culture into account and focused on seeking to broaden the law on corporate manslaughter. An indictable offence is considered to have been committed if the way in which an organization's activities are managed or organised causes a person's death and amounts to a gross breach of the relevant duty of care owed by the organization to the deceased. The way in which its activities are managed or organized by its senior management is a substantial element in the breach. Upon conviction, a corporation may be ordered to remedy any breach, publicize its failures, or be given an unlimited fine. Conclusions: The enactment background and details of Corporate Manslaughter and Corporate Homicide Act 2007 is understood accurately. On the basis of the findings, it is necessary to heighten effectiveness of punishment.for senior management or corporations that cause a person's death in Korea.

Practical and Legal Challenges of Cloud Investigations (클라우드 환경에서 수사 실무와 법적 과제)

  • James, Joshua I.;Jang, Yunsik
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.14 no.6
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    • pp.33-39
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    • 2014
  • An area presenting new opportunities for both legitimate business, as well as criminal organizations, is Cloud computing. This work gives a strong background in current digital forensic science, as well as a basic understanding of the goal of Law Enforcement when conducting digital forensic investigations. These concepts are then applied to digital forensic investigation of cloud environments in both theory and practice, and supplemented with current literature on the subject. Finally, legal challenges with digital forensic investigations in cloud environments are discussed.

Driver's Protection Method of Ambulance Car Accident (응급구조 교통사고에 대한 운전자의 보호방안)

  • Park, Hi-Jin;Kwon, Hayrran;Lee, Young-Hyun
    • The Korean Journal of Emergency Medical Services
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    • v.4 no.1
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    • pp.63-71
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    • 2000
  • Exceptive clause of ambulance stated in Road Traffic Laws of ambulance car accidents is not properly applied and emergency staffs who transfer over 85% of emergency cases are to be forced to start out to the emergency field with unstable conditions which they may be punished on the criminal and civil laws. Hereby this study makes the following suggestions to activate the duties of transferring emergency cases by emergency staffs, promote their morale and diminish the victim of emergency staffs due to traffic accidents. 1) It is prescribed that ambulance car drivers should be protected legally by applying the exceptive clauses thoroughly regulated in special case clauses because ambulance cars are used for the purpose of saving the human life. 2) On the traffic accidents occurred during the transfer of emergency cases, the special insurance system is created for treating the ambulance car accidents, not to bind the emergency staff's mistake to traffic law and the victims are compensated by the nation on the basis of insurance system and emergency staffs have the systematic security. 3) On the road over six lanes, emergency lane is set on the center and ambulance car should be used as the exclusive lane. 4) Ambulance car drivers must have the habit of transferring emergency cases rapidly within the range of legal operation.

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