• Journal of the Korea Society of Computer and Information
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• v.21 no.12
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• pp.213-218
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• 2016

China is defending the terrorist crime through the Anti-Terror Law and anti-terrorism criminal legislation. China's Anti-Terror Law and the Criminal Code Amendment (9), which were promulgated in 2015, provide legal grounds for preventing and hurting ever-growing terrorist crimes. In particular, China's amendment to the Criminal Code (9) is designed to rigorously enforce the legal framework for terrorist crimes, protect prejudicial rights that might be violated by serious terrorist crimes, and protect the penalties for terrorist crimes. However, China's anti-terrorism legislation still has drawbacks such as lack of systematicity, limited regulatory boundaries, and lack of rigorous penalties for the establishment of anti-terrorism legislation. To counter this, China's anti-terrorism legislation must strictly regulate the legal system of terrorist crimes, secure penalties, and prescribe anti-terrorism laws as professional chapters.

• Korean Security Journal
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• no.43
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• pp.231-257
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• 2015

Today, the international community make every effort to suppress security crimes, to provide numerous institutional strategies and to prevent security crimes such as the terrorism and spy. Particularly, developed countries in the field of security are strengthening related legislation under new-security conditions. Things work a little differently about security crimes because the nation's benefit and protection of the law is the basis of individual benefit and protection of the law under investigation procedure of the security crimes. Therefore they have policy that permits major investigative agency under the arrest and detention procedure(e.g. security and communication monitoring ${\ldots}$). Criminal procedure's improvement and reinforcement are very important for events related security. But, The investigation procedure between criminal offense and security crimes makes no odds in the Korea. Continuance of such a national mood will accuse of not responding appropriately in preparation for new-security conditions recently. To revise with international best security legislation, We should institute a proper registration system in Korea's situation. This study have been discussing how to improve related legislation under new-security conditions through the cases analysis of the arrest and detention procedure in Korea.

• International Journal of Computer Science & Network Security
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• v.22 no.10
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• pp.145-154
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• 2022

Based on the obtained results of the study, the most problematic issues and legal conflicts are identified, which are related to the ratio of norms of domestic and foreign legislation, taking into account the requirements of the Constitution of Ukraine and the provisions of the Law of Ukraine "On international agreements". Along with this, it is stated in this scientific article that there are a number of provisions and examples of positive practice on the specified topic abroad and in international legal acts today, which should be used by Ukraine both in improving legislation on the issues of banking activity and in increasing the level of criminal legal protection of relevant critical infrastructure facilities, especially those that are substantively related to prevention and counteraction of activity, with regard to the legalization (laundering) of criminally obtained funds, financing of terrorism and the financing of the proliferation of weapons of mass destruction, which is quite relevant for our state, given the military conflict that is taking place on its territory in the Donbass. Again, in the same context, the need for more active cooperation between Ukraine and the FATF (international body developing a policy to combat money laundering) has been proven.

• Journal of Arbitration Studies
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• v.22 no.3
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• pp.1-23
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• 2012

Defamation on the Internet is a criminal offense. Of late, the damage it has been causing has grown exponentially. Here, we suggest some ideas to expand the use of arbitration in Korea. We suggest that all disputes arising in connection with current contracts be settled under the rules of conciliation and arbitration. As a countermeasure to the requirements for defamation or damages, the field of criminal arbitration regulations needs to be defined strictly. In conclusion, the UK does not make provisions for arbitration as a specific subject. With respect to foreign legislation, it is necessary to take a look at ways to expand arbitration in our country. The scale of arbitration must be expanded to allow for greater protection of criminals in exchange for their cooperation in arbitration cases and relative to the amount of the damages in dollars. There must also be detailed instructions regarding the eligibility criteria for and proper handling of these arbitration cases.

• Journal of the Korean Society of Marine Environment & Safety
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• v.5 no.1
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• pp.59-78
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• 1999

Although recently vigorous studies on environmental crime have contribute criminal respects to be advanced in our country, most of them are focused on German discussions about the theory of environmental crime or environmental criminal law. As each countries in criminal legislation for environmental protection have some distinctive characteristics not found in others, the study which is more helpful to regulate environmental crime can be extend to other country in the view of comparative law. Thus this Article overviews especially the environmental criminal enforcement program involving civil and administrative enforcement in the United States. Notwithstanding that enforcement is an evolving phenomenon that only recently appeared on the scene, there is widespread public support for it. Once viewed as mere economic or regulatory offence lacking an element of moral delict, environmental crimes now provoke moral outrage and prompt demands for severe sanction and strict enforcement. Many major provisions of modem environmental acts that imposed criminal liability have been added or significantly restructured during the last decade. Notable among them are the imposition of the felony penalties for federal environmental crimes and the enactment of the endangerment crime in federal environmental law. This Article approaches the characteristics of environmental criminal enforcement form introducing major federal environmental acts. It develops the result that, considering the difference that exist between Korea and United States in environmental criminal law, our proper environmental regulatory framework can be constituted.

• Journal of the Korea Society of Computer and Information
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• v.24 no.1
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• pp.217-224
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• 2019

The intelligent robot industry is a complex which encompasses all fields of science and technology, and its marketability and industrial impact are remarkable. Major countries in the world have been strengthening their policies to foster the intelligent robot industry, but discussions on liability issues and legal actions that are accompanied by the related big or small accidents are still insufficient. In this study, therefore, the patent law by artificial intelligence robots and the legislation for relevant legal actions at the criminal law level are presented. Patent law legislation by artificial intelligence robots should comply with the followings. First, the electronic human being other than humans ought to be given legal personality, which is the subject of patent infringement. Even if artificial intelligence has legal personality, legal responsibility will be varied depending on the judgment of whether the accident has occurred due to the malfunction of the artificial intelligence itself or due to the human intervention with malicious intention. Second, artificial intelligence as a subject of actors and responsibility should be distinguished strictly; in other words, the injunction is the responsibility of the intelligent robot itself, but the financial repayment is the responsibility of the owner. In the criminal law legislation, regulations for legal punishment of intelligent robot manufacturing companies and manufacturers should be prepared promptly in case of legal violation, by amending the scope of application of Article 47 (Penal Provisions) of the Intelligent Robots Development and Distribution Promotion Act. In this way, joint penal provisions, which can clearly distinguish the responsibilities of the related parties, should be established to contribute to the development of the fourth industrial revolution.

• International Journal of Computer Science & Network Security
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• v.21 no.11
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• pp.171-176
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• 2021

The article considers some issues of criminal law protection of information relations. With the emergence of new types of threats to Ukraine's national security in the field of protection and defense of the state border, the issues of development and strengthening of information protection become especially important. Proper compliance with information legislation also depends on the established responsibility for its violation, which rests on certain provisions of the Criminal Code of Ukraine. It is stated that these norms are placed in different sections and do not have a proper systematization. The article singles out the subjects of information relations in the border area, which are subject to criminal law protection: persons who are not bound by stable relations with the SBGS (who cross the state border of Ukraine, etc.); persons who are members of the SBGS (servicemen and employees); SBGS as a public authority (official and secret information, information about the activities of the agency, its officials, etc.).

• Asian Journal of Business Environment
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• v.5 no.2
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• pp.15-22
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• 2015

Purpose - Following globalization, Kazakh companies are considered to be among the main economic agents of the country. The influence of Limited Liability Partnerships (LLPs) on Kazakhstan's economic development is becoming increasingly pronounced. Therefore, limitations and backwardness of legislation regarding regulation of corporate governance must be overcome at the earliest. Research design, data, and methodology - We considered the basis for legislation of corporate governance in Kazakhstan, and the corporate governance models that better describe the situation of being in the organization. Results - Earlier studies have identified several problems, including "transparency" of issuers and markets, and the consequent lack of (undeveloped) external control of managers of the former state-owned enterprises; lack of traditional corporate ethics and culture; and corruption, and other criminal aspects of the problem. This article describes several proposals to improve corporate governance in Kazakhstan to solve these problems. Conclusions - Domestic reformers acting without consideration of local features is a common occurrence today. They often ignore that these features are recommended for reputable international organizations, and therefore should be used carefully.

• Journal of the Korea Society of Computer and Information
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• v.22 no.2
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• pp.133-139
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• 2017

Today, the activities of individuals and corporations are dependent not only on digital technology but also on the future of society, which is referred to as the fourth industrial revolution. Since the traces that arise from the crimes that occur in the digital society are also inevitably developed into a society that should be found in the digital, the judicial dependence of judging by the digital evidence is inevitably increased in the criminal procedure. On the other hand, considering the fact that many users are using virtual shared computing resources of service providers considering the fact that they are being converted into a cloud computing environment system, searching for evidence in cloud computing resources is not related to crime. The possibility of infringing on the basic rights of the criminal procedure is increased, so that the ability of evidence of digital data which can be used in the criminal procedure is limited. Therefore, considering these two aspects of digital evidence, this point should be fully taken into account in judging the evidence ability in the post-seizure warrant issuance and execution stage as well as the pre-emptive control. There is a view that dictionary control is useless, but it needs to be done with lenient control in order to materialize post-modern control through judging ability of evidence. In other words, more efforts are needed than ever before, including legislation to ensure proper criminal procedures in line with the digital age.

• The Journal of the Korea Contents Association
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• v.11 no.7
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• pp.298-305
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• 2011

The purpose of this dissertation is finding the meaning and form of Euthanasia, Considering by Criminal law that the core of the debate over the 'pros and cons' of euthanasia, And seeking measures about needs of currently Euthanasia legislation and institutional establishment. Through the remarkable progress, today's medical science makes to cure the Incurable patients, and artificially prolong human life by life-support system. These changes of Healthcare Environments extending a permissible range of Euthanasia over the series of criminal discussions about Euthanasia. And medical treatment has been discussed from negative side to positive side. So, In the current legal system, seeking for realistic measure is demands of the times behind the penally and ethical problems. Therefore, I will study the needs of legal system and reestablish values about Respect for Human Life.