• The KIPS Transactions:PartD
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• v.16D no.2
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• pp.265-272
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• 2009

Although the various crime involved numerous digital evidence, the digital evidence is hard to be acknowledged as a evidence to proof the crime fact in court. We propose the method of verification for the legal admissibility of digital evidence using digital forensics ontology. In order to verify the legal admissibility of digital evidence, we will extend the digital ontology by standard digital forensics process from Digital Forensics Technical Manual defined by KNPA and set up the relation properties and the rule of property constraint to process class in the digital forensics ontology. It is possible for proposed ontology to utilize to plan the criminal investigation and to educate the digital forensics.

• Journal of Information Technology Services
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• v.19 no.3
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• pp.57-73
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• 2020

The proportion of digital evidence in criminal cases has increased, while at the same time, the spread of the Internet has made it easy to delete information that is stored in another place and thus, the Internet is being used to delete online criminal evidence. To respond quickly and effectively to cybercrime, 29 countries signed the Convention on Cybercrime in 2001 through the Council of Europe. Article 16 of the Convention relates to the expedited preservation of stored computer data and requires signatories to adopt legislative measures to enable its competent authorities to order expeditious preservation of specified computer data where there are grounds to believe that the data is particularly vulnerable to loss or modification. More than 60 countries have joined the Convention since 2001 and have made efforts to improve their legal system in line with it. The United States legislated 18 U.S.C. § 2703(f) to preserve electronic evidence pending the issuance of a court order. The German Code of Criminal Procedure §§ 94~95 allows prosecution authorities to seize evidence or issue production orders without court control in urgent circumstances. A custodian shall be obliged to surrender evidence upon a request that evidence be preserved, and non-compliance results in punishment. Japan legislated the Criminal Procedure Act § 197(3) and (4) to establish a legal base for requesting that electronic records that are stored by an ISP not be deleted. The Korean Criminal Procedure Act § 184 outlines procedures for the preservation of evidence but does not adequately address the expeditious preservation of digital evidence that may be vulnerable to deletion. This paper analyzes nine considerations, including request subjects, requirements, and cost reimbursement to establish directions to improve the legal system for the expedited preservation of digital evidence. A new method to preserve online digital evidence in urgent cases is necessary.

• Journal of Korean Society of Archives and Records Management
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• v.22 no.1
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• pp.219-235
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• 2022

This study aims to analyze how the concept of legal evidence has influenced the principles of records management and investigate its meaning and limitations from the perspective of archives. To this end, it outlined how the methodologies of judging the trustworthiness of records as evidence have changed from Roman Law to modern legislation. In addition, the archival meaning of the historical development was analyzed in the following aspects; i) What was the main framework applied to judge the trustworthiness of records? ii) What characteristics did they think records as legal evidence should have? iii) What types of records were the main management targets, and how did they recognize the relationship between records and reality? Based on these analyses, the meaning and limitations of the records management that values legal evidence were presented.

• The Korean Journal of Archival Studies
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• no.60
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• pp.89-121
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• 2019

According to ISO 15489, records are "information" (ISO 15489-1: 2001, 3.15) that "an organization or individual produces, receives or maintains as evidence or information in the course of carrying out its legal obligations or in the conduct of its business". Records in KS ISO 15489 are also referred to as "information that is produced, received and maintained as evidence and information presented by the organization or individual in the course of performing legal obligations or in the course of business" (Korean Industrial Standards KS X ISO 15489). Based on the definitions, the nature of the legal traits of record is examined, focusing on the evidential elements of the record.

• The Journal of Information Technology
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• v.10 no.3
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• pp.93-120
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• 2007

A Smart Home is a technically expanded from home network that gives us a comfortable life. But still there is a problem such as mal function of devices and intrusions by malicious parties since it is based on home network. The intrusion by malicious parties causes a critical problem to the individual's privacy. Therefore to take legal actions against to the intruders, the intrusion evidence collecting and managing technology are widely researched in the world. The evidence collecting technology uses the system which was damaged by intruders and that system is used as evidence materials in the court of justice. However the collected evidences are easily modified and damaged in the gathering evidence process, the evidence analysis process and in the court. That's why we have to prove the evidence's integrity to be valuably used in the court. In this paper, we propose a mechanism for securing the reliability and the integrity of digital evidence that can properly support the Computer Forensics. The proposed mechanism shares and manages the digital evidence through mutual authenticating the damaged system, evidence collecting system, evidence managing system and the court(TTP: Trusted Third Party) and provides a secure access control model to establish the secure evidence management policy which assures that the collected evidence has the corresponded legal effect.

• Journal of Korean Society of Archives and Records Management
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• v.20 no.2
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• pp.41-65
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• 2020

Organizations always face the risk of litigation; thus, they should actively prepare for it. In particular, public enterprises must respond to lawsuits carefully to avoid any management risk and possible damage of publicity. Given this, this study aims to identify the relationship between efficient litigation response and record management, determine problems related to record management while utilizing records as evidence, and propose measures to improve record management that uses records as legal evidence. For records to be deemed as legal evidence, RMS is essential to ensure authenticity. Moreover, the ability to secure potential evidence and awareness of the importance of records management needs to be validated. The Commission also stressed the importance of cooperation between archivists and the legal team to efficiently respond to lawsuits.

• Journal of Arbitration Studies
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• v.27 no.2
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• pp.19-36
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• 2017

This paper reviews and analyzes the U.S. cases and statutes on the writing requirements of arbitration agreement. In order to discuss the legal aspects of writing requirement on arbitration agreement in the U.S., it is necessary to delve into both the contractual aspects of arbitration agreement and statutory specifications of the writing requirements of arbitration agreement. Statute of frauds and parole evidence rule were reviewed and employed to find legal implications on the writing requirement of arbitration agreement. Relevant cases were analyzed to verify how the courts have been responded to the conflicts regarding the validity of the arbitration contract with respect to writing requirement. International treaties absorbed into the U.S legal system were also reviewed and commented to analyze their implications on the writing requirement of arbitration agreement, including the UNCITRAL Model Arbitration Law and the New York Convention.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.32 no.3
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• pp.217-246
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• 2021

This study aimed to analyze the quality concepts and requirements of digital records as evidence and to find an implication to develop requirements for trusted digital records with securing authoritative qualities. To this end, this study compared requirements of records domain linking records process, records metadata and records systems with judicial domain on digital evidence, and identified the records requirements to secure the legal admissibility linking records and judicial domain. This study analyzed the relationship of quality concepts between digital records and digital evidence, found the legal admissibility is highly related to the reliability, and derived that it needs the measure to secure the reliability at the stage of records creation and capture. To prove authenticity of digital evidence, this study identified importance of records process, records metadata and records system, and proposed the necessity of measurement to secure records' evidence.

• The Korean Society of Law and Medicine
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• v.9 no.2
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• pp.181-207
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• 2008

With recent emphasis on evidence based medicine, clinical practice guidelines are seen as a potential mechanism by which unify various managerial and professional approaches to improving the quality of care. The development process of guidelines has been the subject of much research. and it is need translating the medical evidence of research into a clinical practice guidelines. the gathered evidence needs to be interpreted into a clinical, public health, policy, or payment context. The term 'clinical practice guidelines' can evoke a diverse range of responses from healthcare personnel. Clinical practice guidelines are increasingly used in patient management but some clinicians are not familiar with their origin or appropriate applications. Understanding the limitations as well as benefits of CPG could enable clinicians to have clearer view of the place of guidelines in every practice. In the context of increasing complaints and litigation in healthcare, the legal implications of clinical practice guidelines are of increasing importance. Clinical practice guidelines could, in theory, influence the manner in which the courts establish negligence by suggesting the doctor breached the duty of care by failing to provide the required standard of medical care. In several studies, the CPGs were relevent to and played a pivotal role in the proof of negligence. Much depends on the quality of guidelines and the tools developed and the authoritativeness of a guideline. Recently, there are several opinions the court also should review the validity and reliability of expert testimony including medical evidence. and widespread use of guidelines in malpractice lawsuit could lead the physicians to greater compliance with guidelines in the long term. In conclusion, Health care reformers, physicians as well as guidelines developers should understand that guidelines have both medical and legal aspects as a double-edges sword. so clinicians, legal representatives and decision-makers should not defer unduly to guidelines.

• Journal of the Korean Society for information Management
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• v.40 no.1
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• pp.95-119
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• 2023

Public institutions defining the legal scope of records management are a prerequisite to ensure the accountability and public's right to know. In this study, the requirements essential for determining the legal scope of the concept of public records were identified. For this, the concept of policies and the scope of public records which were prescribed by current laws such as the Public Records Management Act, Electronic Government Act, and Framework Act on Electronic Documents and Transactions were analyzed by this study. Furthermore, by examining both domestic and foreign cases on the legal competence of evidence of digitized records, institutional supplementary points were proposed.