• Title/Summary/Keyword: custody

Search Result 102, Processing Time 0.022 seconds

A Study on the Admissibility of the Virtual Machine Image File as a Digital Evidence in Server Virtualization Environment (서버 가상화 환경의 가상머신 이미지에 대한 법적 증거로서의 허용성에 관한 연구)

  • Kim, Dong-Hee;Baek, Seung-Jo;Shim, Mi-Na;Lim, Jong-In
    • Journal of the Korea Institute of Information Security & Cryptology
    • /
    • v.18 no.6A
    • /
    • pp.163-177
    • /
    • 2008
  • As many companies are considering to use server virtualization technology to reduce cost, the crime rates in virtual server environment are expected to be increasing rapidly. The server virtualization solution has a basic function to produce virtual machine images without using any other disk imaging tools, so that investigating virtual servers are more efficient because the investigator only has to collect the virtual machine image and submit it to the court. However, the virtual machine image has no admissibility to be the legal evidence because of security, authenticity, procedural problems in collecting virtual machine images on virtual servers. In this research, we are going to provide requirements to satisfy security, authenticity and chain of custody conditions for the admissibility of the virtual machine image in server virtualization environment. Additionally, we suggest definite roles and driving plans for related organizations to produce virtual machine image as a admissible evidence.

Psychotherapist's Liability for Failure to Protect Third Person (정신질환자의 타해(他害)사고와 의료과오책임)

  • Son, Heung-Soo
    • The Korean Society of Law and Medicine
    • /
    • v.11 no.1
    • /
    • pp.331-393
    • /
    • 2010
  • Psychiatrists who treat violent or potentially violent patients may be sue for failure to control aggressive outpatients and for the discharge of violent inpatients. Psychiatrists may be sued for failing to protect society from the violent acts of their patients if it was reasonable for the psychiatrists to have known or should have known about the patient's violent tendencies and if the psychiatrists could have done something that could have safeguarded in public. The courts of a number of jurisdictions have imposed a duty to protect the potential victims of a third party on persons or institutions with a special relationship to that party. In the landmark case of Tarasoff v Regents of University of California, the California Supreme Court held that the special relationship between a psychotherapist and a patient imposes on the therapist a duty to act reasonably to protect the foreseeable victims of the patient. Under Tarasoff, when a therapist has determined, or under applicable professional standards should determine, that a patient poses a serious threat of violence to another, he incurs an obligation to use reasonable care to protect the intended victim against such danger. In addition to a Tarasoff type of action based on a duty to warn or protect foreseeable victims of psychiatric outpatients, courts have also imposed liability on mental health care providers based on their custody of patients known to have violent propensities. The legal duty in such a case has been stated to be that where the course of treatment of a mental patient involves an exercise of "control" over him by a physician who knows or should know that the patient is likely to cause bodily harm to others, an independent duty arises from that relationship and falls on the physician to exercise that control with such reasonable care as to prevent harm to others at the hands of the patient. After going through a period of transition, from McIntosh, Thompson and Brady case, finally, the narrow rule of requiring a specific or foreseeable threat of violence against a specific or identifiable victim is the standard threshold or trigger element in the majority of states. Judgements on these kinds of cases are not enough yet in Korea, so that it may be too early to try find principles in these cases, however it is hardly wrong to read the same reasons of Tarasoff in the judgements of Korea district courts. To specific, whether a psychiatric institute was liable for violent behavior toward others depends upon the patients conditions, circumstances and the extent of the danger the patients poses to others; in short, the foreseeability of a specific or identifiable victim. In this context if a patient exhibit strong violent behavior toward others, constant observation should be required. Negligence has been found not exist, however, when a patient abruptly and unexpectedly attack others or unidentifiable victim. And the standard of conduct that is required to meet the obligation of "due care" is based on what the "reasonable practitioner" would do in like circumstances. The standard is not one of excellence or superior practice; it only requires that the physician exercise that degree of skill and care that would be expected of the average qualified practitioner practicing under like circumstances. All these principles have been established in cases of the U.S.A and Japan. In this article you can find the reasons which you can use for psychotherapist's liability for failure to protect third person in Korea as practitioner.

  • PDF

Analysis of ethyl glucuronide (EtG) in Hair for the diagnosis of chronic alcohol abuse of Korean (한국인의 만성 알코올 중독 진단을 위한 모발에서 Ethyl Glucuronide (EtG) 분석법 연구)

  • Gong, Bokyoung;Jo, Young-Hoon;Ju, Soyeong;Min, Ji-Sook;Kwon, Mia
    • Analytical Science and Technology
    • /
    • v.33 no.3
    • /
    • pp.151-158
    • /
    • 2020
  • Alcohol, which can easily be obtained in the same way as ordinary beverages, is harmful enough to cause death due to excessive drinking and chronic alcohol intake, so it is important to maintain a proper amount of drinking and healthy drinking habits. In addition, the incidence of behavioral disturbances and impaired judgments that can be caused by chronic alcohol drinking of more than adequate amounts of alcohol is also significant. Accordingly it is very useful for forensic science to check whether the person involved is drunken or is alcoholism state in various accidents. Currently, in Korea, alcohol consumption is determined by detecting the level of alcohol or alcohol metabolism 'ethyl glucuronide (EtG)' in blood or urine samples. However, analysis of alcohol or EtG in blood or urine can only provide information about the current state of alcohol consumption because of a narrow window of detection time. Therefore, it is important to analyze the EtG as a long-term direct alcohol metabolite bio-marker in human hair and to investigate relationship between alcohol consumption and EtG concentration for the evaluation of chronic ethanol consumption. In this study, we established an analytical method for the detection of EtG in Korean hair efficiently and validated selectivity, linearity, limits of detection (LOD), limits of quantification (LOQ), matrix effect, recovery, process efficiency, accuracy and precision using liquid chromatography tandem mass spectrometry (LC-MS/MS). In addition, the assay performance was evaluated in Korean social drinker's hair and the postmortem hair of a chronic alcoholism. The results of this study can be useful in monitoring the alcohol abuse of Korean in clinical cases and legal procedures related to custody and provide a useful tool to evaluate postmortem diagnosis of alcoholic ketoacidosis in forensics.

A Study on Establishing the presidential Library through Elevating the Status of the Government Archives and Records Service (대통령기록관의 설립 및 정부기록보존소의 위상에 관한 연구)

  • Kim, Sung-Soo;Suh, Hye-Ran
    • Journal of Korean Society of Archives and Records Management
    • /
    • v.2 no.1
    • /
    • pp.41-66
    • /
    • 2002
  • This paper examines urgent issues of establishing the presidential library in relation to the current standing of the Government Archives and Records Service. As government records have been tremendously accumulated every year, the Government Archives and Records Service will be full within three years, which indicates that the constructing of new storage repositories is an emergent issue. In addition, presidential records are one of the most significant and influential public properties for preserving historical value and interpretation at the national level. Some serious concerns relating to the presidential library are raised for consideration. First of all, it is compulsory to preserve presidential records and to construct the presidential library. Second, the presidential library performs a variety of functions including the acquisition, preservation, access, reference, research, education, and display of presidential records as well as exhibits of public activities and administration personally and in public during the president' regime. A new presidential library should function as both of a depository and museum of presidential records through systematic arrangement and display. Thus a new repository of the Government Archives and Records Service should be co-constructed with the presidential library within the same boundary. Third, a newly constructed presidential library should be at least double- or triple- sized more than estimated in order to contain all related holdings. Fourth, to take custody of public records across the legislature, judiciary and administration, the Government Archives and Records Service should be directed by an official at the level of vice-minister and upgraded to an independent office such as "National Archives and Records Administration." Fifth, the presidential library's location and surrounding environments should be selected with careful planning.

Study about porous of Korean traditional pottery (한국전통옹기의 통기성에 관한연구)

  • Kim, Seok-Ho
    • Journal of Science of Art and Design
    • /
    • v.9
    • /
    • pp.5-24
    • /
    • 2006
  • Human hunted and picked to survive and a vessel was made naturally to store something being hunted and picket, which was a great invention. In modern times, society changed and development of science gave us convenience in making a vessel and various kinds of store instruments which was made of pure natural material, of new stuff, such as plastic and iron. but human became to be inclined to regress into nature because of problems of environment. We can say that the representative trend is well-being, after all this is a symptom to return to life being persued by predecessors before the science civilization was developed. Ancestors have lived with nature, adapted themselves to it. For examples they have built the house which became to be a part of nature and just like it, and studied a method of storing food to eat for four seasons, then displayed a storagehouse and storage containers everywhere of the house. Now Korean has the custody of kimchi in refrigerator at every house, but our forefathers controled a timing to eat food with studying a method of storage to put to use nature. With hot wind of well-being, Korean food is becoming to be globalized, according to this, concern about the wisdom of progenitors is growing more and more. It's an example that the world shows concern seriously about the pottery, which have stored kimchi for a long time fleshly, in globalization of kimchi. This study have three purposes, the first. checking documents about the development history of pottery which is a kind of ceramic, and then the second, through an scientific experiment, with studying characteristic of pottery being built by the wisdom of ancestors, informing the merit of pottery and necessity to the world, and futhermore, the third, working up the development of close environmental vessels putting to use the characteristic of pottery.

  • PDF

Archival Appraisal of Public Records Regarding Urban Planning in Japanese Colonial Period (조선총독부 공문서의 기록학적 평가 -조선총독부 도시계획 관련 공문서군을 중심으로-)

  • Lee, Seung Il
    • The Korean Journal of Archival Studies
    • /
    • no.12
    • /
    • pp.179-235
    • /
    • 2005
  • In this article, the task of evaluating the official documents that were created and issued by the Joseon Governor General office during the Japanese occupation period, with new perspectives based upon the Macro-Appraisal approaches developed by the Canadian scholars and personnel, will be attempted. Recently, the Canadian people and the authorities have been showing a tendency of evaluating the meaning and importance of a particular document with perspectives considering the historical situation and background conditions that gave birth to that document to be a more important factor, even than considering the quality and condition of that very document. Such approach requires the archivists to determine whether they should preserve a certain document or not based upon the meaning, functions and status of the entity that produced the document or the meaning of the documentation practice itself, rather than the actual document. With regard to the task of evaluating the official documents created and issued by the Joseon Governor General office and involved the city plans devised by the office back then, this author established total of 4 primary tasks that would prove crucial in the process of determining whether or not a particular theme, or event, or an ideology should be selected and documents involving those themes, events and ideologies should be preserved as important sources of information regarding the Korean history of the Japanese occupation period. Those four tasks are as follow: First, the archivists should study the current and past trends of historical researches. The archivists, who are usually not in the position of having comprehensive access to historical details, must consult the historians' studies and also the trends mirrored in such studies, in their efforts of selecting important historical events and themes. Second, the archivists should determine the level of importance of the officials who worked inside the Joseon Governor General office as they were the entities that produced the very documents. It is only natural to assume that the level of importance of a particular document must have been determined by the level of importance(in terms of official functions) of the official who authorized the document and ordered it to be released. Third, the archivists should be made well aware of the inner structure and official functions of the Joseon Governor General office, so that they can have more appropriate analyses. Fourth, in order to collect historically important documents that involved the Koreans(the Joseon people), the archivists should analyze not only the functions of the Joseon Governor General office in general but also certain areas of the Office's business in which the Japanese officials and the Koreans would have interacted with each other. The act of analyzing the documents only based upon their respective levels of apparent importance might lead the archivists to miss certain documents that reflected the Koreans' situation or were related to the general interest of the Korean people. This kind of evaluation should provide data that are required in appraising how well the Joseon Governor General office's function of devising city plans were documented back then, and how well they are preserved today, utilizing a comparative study involving the Joseon Governor General office's own evaluations of its documentations and the current status of documents that are in custody of the National Archive. The task would also end up proposing a specialized strategy of collecting data and documents that is direly needed in establishing a well-designed comprehensive archives. We should establish a plan regarding certain documents that were documented by the Joseon Governor General office but do not remain today, and devise a task model for the job of primary collecting that would take place in the future.

Research on the Re-organization of the Administration of Labor's Records in the custody of the National Archives (노동청 기록의 재조직에 관한 연구 - 국가기록원 소장 기록을 중심으로 -)

  • Kwak, Kun-Hong
    • The Korean Journal of Archival Studies
    • /
    • no.23
    • /
    • pp.141-178
    • /
    • 2010
  • The Administration of Labor was responsible for the technical and practical functions like policy-making of labor matters and implementing the relevant laws. However, there has been a few record transferred to the National Archives to help find out the labor policy-making process. This is one of the typical examples that shows the discontinuity and unbalance, and disorderly filing of the administrative records in Korea. Naturally it is almost impossible to retrieve the appropriate content through the records file-name. Users should be at the trouble to compare the record items and their content one by one. For the re-organization of the Administration of Labor' records, this research suggests the four-level analysis of functions of the Administration. The Administration of Labor' survived records could be linked to each level function. And the publication of the 'Records Abstract Catalog' providing users with more information about the records would pave the way for easier access to the records. In addition, it also suggests the logical re-filing of the survived records of which we cannot find the order or sequence. This re-organization of the survived records would help to establish the acquisition and appraisal policy of the labor records as well as the new way of description and finding tool hereafter. Drawing up labor history map is a starting point for the acquisition strategy of the labor records, which could allow users to gain systematic access on the survived records. Of course, extensive investigation and research on the survived records is a prerequisite for the map. It would be required to research on the survived records of the other government agencies, including economic-social area ministries and investigation agencies and the National Assembly as well. It is also needed to arrange and typify the significant incidents and activities on thematic and periodic frames in the labor history. If possible to understand or connect the survived records and these accomplishments comprehensively, it would be of great help for the acquisition of the labor records and the related oral records projects.

A Study on a Paradigm Shift to Archives of everyday life (일상 아카이브(Archives of everyday life)로의 패러다임 전환을 위한 소론)

  • Kwak, Kun-Hong
    • The Korean Journal of Archival Studies
    • /
    • no.29
    • /
    • pp.3-33
    • /
    • 2011
  • No one can deny the harsh reality that archival culture has not yet been permeated extensively into all the spheres of our society. Only fragmented records in fixed areas are in the custody of archives. Records to build a living memory for the history of our present are hard to find or remain minimal, if anywhere. Above all, there are few records in archives concerned with the everyday life of common people. No consideration has not been made about the reason for being of archives, not to mention of the strategy for establishing the archival culture. Accordingly, a paradigm shift is required for archives directly connected with the everyday life of common people. Archives of everyday life means one which interprets the behaviour and experiences of individuals(groups) within the context of society through categorizing everyday life of common people into the lesser fields. And archives of everyday life also means an organization or facility/place which documents the everyday life of individuals(groups), and collect, appraise, select and preserve the records from the view point of humanities for the reconstruction of history from the bottom. Archives of everyday life is an attempt to reconstruct memory and records on behaviour by and torment of the common people in the modern history of Korea, on the basis of which we can seek out the oppressive structure in the daily life of capitalism. Archival community should discuss about what is the meaning of records in the age of democracy unlike that of authoritarian era. We also need to have definite direction on the what kinds of records are to be created and appraised from the standpoint of common people. We are to make it possible to create Zeitgeist in the tackle of records and archives' content. on this kind of attempt archival community could make a practical contribution forward a more advanced democracy, resulted in having an opportunity to change the essence of archives.

A Study on Rationalization of National Forest Management in Korea (국유림경영(國有林經營)의 합리화(合理化)에 관(關)한 연구(硏究))

  • Choi, Kyu-Ryun
    • Journal of Korean Society of Forest Science
    • /
    • v.20 no.1
    • /
    • pp.1-44
    • /
    • 1973
  • Needless to say, the management of national forest in all countries is very important in view of the national mission and management purposes. Korean national forest is also in particular significant in promoting national economy for the continuous increasing of the demand for wood, conservation of the land and social welfare. But there's no denying the fact that the leading aim of the Korean forest policy has been based upon the conservation of forest resources and recovery of land conservation function instead of improvement of the forest productive capacity. Therefore, the management of national forest should be aimed as an industry in the chain of the Korean national economy. And the increment of the forest productive capacity based on rationalized forest management is also urgently needed. Not only the increment of the timber production but also the establishment of the good forest in quality and quantity are to bring naturally many functions of conservation and other public benefits. In 1908 Korean national forest was historically established for the first time as a result of the notification for ownership, and was divided into two kinds in 1911-1924, such as indisposable national forest for land conservation, forest management, scientific research and public welfare, and the other national forest to be disposed. Indisposable forest is mostly under the jurisdiction of national forest stations (Chungbu, Tongbu, Nambu), and the tother national forests are under custody of respective cities and provinces, and under custody of the other government authorities. As of the end of 1971, national forest land is 19.5% (1,297,708 ha) of the total forest land area, but growing stock is 50.1% ($35,406,079m^3$) of the total forest growing stock, and timber production of national forest is 23.6% ($205,959m^3$) of the year production of total timber in Korea. Accordingly, it is the important fact that national forest occupies the major part of Korean forestry. The author positively affirms that success or failure of the management of national forest controls rise or fall of forestry in Korea. All functions of forest are very important, but among others the function of timber production is most important especially in Korea, that unavoidably imports a large quantity of foreign wood every year (in 1971 import of foreign wood-$3,756,000m^3$, 160,995,000 dollars). So, Korea urgently needs the improvement of forest productive capacity in national forest. But it is difficult that wood production meets the rapid increase of demand for wood to the development of economy, because production term of forestry is long, so national forest management should be rationalized by the effective investment and development of forestry techniques in the long view. Although Korean national forest business has many difficulties in the budget, techniques and the lack of labour due to outflow of rural village labour by development of national economy, and the increase of labour wages and administrative expenses etc. the development of national forest depends on adoption of the suitable forest techniques and management adapted for social and economical development. In this view point the writer has investigated and analyzed the status of the management of national forest in Korea to examine the irrational problems and suggest an improvement plan. The national forestry statistics cited in this study is based on the basic statistics and the statistics of the forest business as of the end of 1971 published by Office of Forestry, Republic of Korea, and the other depended on the data presented by the national forest stations. The writer wants to propose as follows (seemed to be helpful in improvement of Korean national forest management). 1) In the organization of national forest management, more national forest stations should be established to manage intensively, and the staff of working plan officials should be strengthened because of the importance of working plan. 2) By increasing the staff of protection officials, forest area assigned for each protection official should be decreased to 1,000-2,000 ha. 3) The frequent personnel changes of supervisor of national forest station(the responsible person on-the-spot) obstructs to accomplish the consistent management plan. 4) In the working plan drafting for national forest, basic investigations should be carefully practiced with sufficient expenditure and staff not to draft unreal working plan. 5) The area of working-unit should be decreased to less than 2,000 ha on the average for intensive management and the principle of a working-unit in a forest station should be realized as soon as possible. 6) Reforestation on open land should be completed in a short time with a debt of the special fund(a long term loan), and the land on which growing hardwood stands should be changed with conifers to increase productivity per unit area, and at the same time techical utilization method of hardwood should be developed. 7) Expenses of reforestation should be saved by mechanization and use of chemicals for reforestation and tree nursery operation providing against the lack of labour in future. 8) In forest protection, forest fire damage is enormous in comparison with foreign countries, accordingly prevention system and equipment should be improved, and also the minimum necessary budget should be counted up for establishment and manintenance of fire-lines. 9) Manufacture production should be enlarged to systematize protection, processing and circulation of forest business, and, by doing this, mich benefit is naturally given for rural people. 10) Establishment and arrangement of forest road networks and erosion control work are indispensable for the future development of national forest itself and local development. Therefore, these works should be promoted by the responsibility of general accounting instead of special accounting. 11) Mechanization of forest works should be realized for exploiting hinterlands to meet the demand for timber increased and for solving lack of labour, consequently it should promote import of forest machines, home production, training for operaters and careful adminitration. 12) Situation of labour in future will grow worse. Therefore, the countermeasure to maintain forest labourers and pay attention to public welfare facilities and works should be considered. 13) Although the condition of income and expenditure grows worse because of economical change, the regular expenditure should be fixed. So part of the surplus fund, as of the end of 1971, should be established for the fund, and used for enlarging reforestation and forest road networks(preceding investment in national forest).

  • PDF

A Study on the Archives and Records Management in Korea - Overview and Future Direction - (한국의 기록관리 현황 및 발전방향에 관한 연구)

  • Han, Sang-Wan;Kim, Sung-Soo
    • Journal of Korean Society of Archives and Records Management
    • /
    • v.2 no.2
    • /
    • pp.1-38
    • /
    • 2002
  • This study examines the status quo of Korean archives and records management from the Governmental as well as professional activities for the development of the field in relation to the new legislation on records management. Among many concerns, this study primarily explores the following four perspectives: 1) the Government Archives and Records Services; 2) the Korean Association of Archives; 3) the Korean Society of Archives and Records Management; 4) the Journal of Korean Society of Archives and Records Management. One of the primary tasks of the is to build the special depository within which the Presidential Library should be located. As a result, the position of the GARS can be elevated and directed by an official at the level of vice-minister right under a president as a governmental representative of managing the public records. In this manner, GARS can sustain its independency and take custody of public records across government agencies. made efforts in regard to the preservation of paper records, the preservation of digital resources in new media formats, facilities and equipments, education of archivists and continuing, training of practitioners, and policy-making of records preservation. For further development, academia and corporate should cooperate continuously to face with the current problems. has held three international conferences to date. The topics of conferences include respectively: 1) records management and archival education of Korea, Japan, and China; 2) knowledge management and metadata for the fulfillment of archives and information science; and 3) electronic records management and preservation with the understanding of ongoing archival research in the States, Europe, and Asia. The Society continues to play a leading role in both of theory and practice for the development of archival science in Korea. It should also suggest an educational model of archival curricula that fits into the Korean context. The Journals of Records Management & Archives Society of Korea have been published on the six major topics to date. Findings suggest that "Special Archives" on regional or topical collections are desirable because it can house subject holdings on specialty or particular figures in that region. In addition, archival education at the undergraduate level is more desirable for Korean situations where practitioners are strongly needed and professionals with master degrees go to manager positions. Departments of Library and Information Science in universities, therefore, are needed to open archival science major or track at the undergraduate level in order to meet current market demands. The qualification of professional archivists should be moderate as well.