• The Korean Society of Law and Medicine
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• v.18 no.2
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• pp.47-73
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• 2017

Medical certificate is a document to demonstrate a patient's health status, made up and signed by a physician, dentist, or oriental physician who attended the patient. It serves as an evidence in many official process including civil or criminal law suit, especially for one's personal injury. The Korean legal system also acknowledges and protects the evidentiary function of medical certificate by mandating physicians etc. to issue medical certificate in good faith and only when they personally attended the patient, and by criminally punishing them when they do not comply with these legal requirements. There are some reasons, however, that medical certificates often do not reflect the true health status of the patient: When physicians attend the patient and collect information regarding the health status of the patient, their priority is and should be the most cost-effective way to meet the health needs of the patient. It does not necessarily correspond to the accurate examination of the health status of the patient. Even when the patient's report on the history of the illness or the injury seems suspicious, physicians might have to avoid disproving it because that kind of attitude might harm the rapport between the physician and the patient. All these can distort the perception of the physicians and this distortion can be reproduced in the medical certificate they made up. Some of these problems might be resolved or at least enhanced by introducing new form of medical certificate which would guide physicians to reveal the nature, factual and theoretical grounds, and the limit of their findings more accurately. Others, however, would not be able to address, because it stems from the conflict between the physician's primary duty, duty to be loyal to the patient's life and health, and his secondary duty to serve as a public or neutral witness on the health status of the patient, and when both values or duties conflict with each other, they should choose the duty to the patient sacrificing the duty to the public or the court.

• Journal of the Korean Society of Child Welfare
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• no.55
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• pp.87-111
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• 2016

This study aimed to examine how video-recorded hearsay statements are taken in trial with regard to testimony of children less than the age of 13 in terms of children's rights, and to assess policy implications for the purpose of improving the current system. This study analyzed the precedents in accordance with their facts and contents. The analysis of the contents dealt with the main issues of trials concerning the sexual violence of children less than the age of 13. Specifically, This study selected precedents dealing with video-recorded hearsay statements, which are children's indirect statement, as core legal issues; examined the credibility(probative power) and admissibility of video-recorded statements; and prepared systemic alternatives in accordance with the United Nations Convention on the Rights of the Child, the international standards for the protection of children's rights. As a result, this study proposed creating and utilizing indicators to assess evidence admissibility and the credibility of video-recoded statements in trial, thus reducing judgement through judges' discretion. Also proposed are new regulations with regard to cross-examination coverage of the hearsay statement of a child in a sexual violence trial of concerning children less than the age of 13. This study suggests an improvement in legal policies, based given that children's rights are more vulnerable than those of adults in trial. Nevertheless, this study is limited in that it selected and reviewed only among precedents that are in the public record.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.18 no.6A
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• pp.163-177
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• 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.

• Korean Journal of Forensic Psychology
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• v.13 no.1
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• pp.1-22
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• 2022

This study tested the effect of the verdict category of lay-participation trial in Korea on the legal decision of layperson and the role of representation of 'innocent' in the process. Representation of 'innocent' refers to a psychological threshold for deciding someone's innocence (no fault or sin) in a general sense. The functions as a threshold for a legal decision of 'beyond a reasonable doubt (BRD)' and the individual threshold (IT), regarded as a standard for judgment of guilt established by law and an estimate of an individual's threshold, respectively, were compared. This study used a 2×2 complete factorial design in which the verdict category (guilty/innocent vs. guilty/not guilty) and the defendant's likelihood of guilt (low vs. high) were manipulated. Data from 137 lay-people who voluntarily participated in the online experiment was analyzed. The experiment's procedure was in the order of measuring 'representation of innocent' and the likelihood of guilt of an accused, presenting one of four trial vignettes, and obtaining legal decisions (verdict confidence and estimation of the likelihood of guilt for the defendant). As a result, it was found that the verdict category did not significantly affect the legal decision of layperson. However, the guilty verdict rate of the 'guilty/innocent' condition tended to be higher than those of the 'guilty/not guilty' condition. The layperson's representation of 'innocent' and the verdict category had an interaction effect on the difference between BRD and IT (threshold change) at the significance level of .1. In the 'guilty/innocent' condition, the threshold change varying with layperson's representation of 'innocent' was larger than in the 'guilty/not guilty' condition. In comparing the function of BRD and IT, IT significantly predicted the lay person's legal decision at the significance level of .1 by interacting with the likelihood of guilt for the defendant. Therefore, it could be said that IT was a better threshold estimator than BRD. The implication of this study is that it provided experimental evidence for the effect of the verdict category of lay-participation trial in Korea, which is a problem often raised among lawyers, and suggested logical reasoning and empirical grounds for the psychological mechanism of the possible effect.

• Journal of Internet Computing and Services
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• v.21 no.3
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• pp.93-102
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• 2020

In order for data obtained through all stages of digital crime investigation to be recognized as evidence capability, it must satisfy legal / technical requirements. In this paper, we propose a mechanism and implement software to provide digital forensic evidence by automatically recovering files by scanning / inspecting the unallocated area inside the storage disk block without relying on information provided by the file system. The proposed technique checks / analyzes the RAW disk data of the system under analysis in 512-byte block units based on information on the storage format / file structure of various files stored on the disk without referring to the file system-related information provided by the operating system. The file carving process was implemented, and a smart carving mechanism was proposed to intelligently restore deleted or damaged files in the storage device. As a result, we have provided a block based smart carving method to intelligently identify fragmented and damaged files in storage efficiently for forgery analysis on digital forensic investigation.

• Journal of Arbitration Studies
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• v.18 no.3
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• pp.117-138
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• 2008

This study lies on building the International Standardization of China Arbitration System for improving a relationship of mutual trust and the safety trade between China and other worldwide countries, especially, South Korea as their one of the biggest trading partners through the comparative analysis of China and UNCITRAL Arbitration Law. In this analysis, the differences from China and UNCITRAL in arbitration law are like belows ; lack of arbitrator's international mind, the limitation of private property right, prohibition of Ad. hoc arbitration, arbitrator's biased nationalism, localism, and their short specialties. a deficiency of the objectiveness for arbitrator's election, a judgement rejection of claimants by using nonattendance and walkout, impossibility of prior and temporary property custody for execution of arbitration award. etc. For the improvement of the International Standardization of China Arbitration, this paper propose as follows: 1) Extension of private property right, reorganization of tax system, realization of open competition, exclusion of 'Sinocentrism', globalization of arbitration system 2) The abolition of old fashioned bureaucracy with approval for ad.hoc arbitration 3) An education for arbitrator's internationalization, specialty, and to promote legal knowledge 4) A settlement of the third country arbitrators' selection for reflecting interested party's decision by the court in a selection system of arbitration committee. 5) Institutionalization of arbitration judgment that prevent for claimant's avoidance by using a withdrawal and an intentional absent 6) A permission of the right of claimant's court custody directly before the begging of arbitration request for the prevention for destruction of evidence and property concealment 7) Grant of the arbitration tribunal's interim measures of protection for private property preservation to the third party, proof security, prevention from the loss that selling the corruptible goods 8) Improvement of arbitration's efficiency from the exclusion of the obstacles that are forgery, concealed evidence, and arbitrator's bribe taking Lastly, I hope that this study will serve to promote friendly economic relationship between China and South Korea and strive for international equilibrium through the achievement of China Arbitration's International Standardization. I will finish this paper with a firm belief that this will lead to more advanced studies.

• Convergence Security Journal
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• v.16 no.6_2
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• pp.23-32
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• 2016

Rapid advances in information and communications technology are new challenges and also opportunities for the police. For the purpose of identifying its implications, this study reviews utilization cases of information and communications technology in the field of public security in South Korea and other countries. As theoretical basis for utilization of information and communications technology, this study introduces intelligence-led policing, predictive policing and evidence-based policing. Also, utilization of big-data based crime analysis and crime prediction technology, as well as advancement of information and communications system and command and control technology of the police, are discussed. Based on the identified implications in this study, the following proposals are made. They are (1) procuring basic data, (2) creating an integrated database, (3) increasing utilization of policy decision-makers, (4) exchange and cooperation between related institutions, (5) training professional analyzers, (6) establishing legal basis and practical guidelines for an integrated database.

• International Journal of Computer Science & Network Security
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• v.22 no.7
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• pp.315-319
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• 2022

Cloud computing has emerged to be the most effective headway for investigating crime especially cybercrime in this modern world. Even as we move towards an information technology-controlled world, it is important to note that when innovations are made, some negative implications also come with it, and an example of this is these criminal activities that involve technology, network devices, and networking that have emerged as a result of web improvements. These criminal activities are the ones that have been termed cybercrime. It is because of these increased criminal activities that organizations have come up with different strategies that they use to counter these crimes, and one of them is carrying out investigations using the cloud environment. A cloud environment has been defined as the use of web-based applications that are used for software installation and data stored in computers. This paper examines problems that are a result of cybercrime investigation in the cloud environment. Through analysis of the two components in play; cybercrime and cloud environment, we will be able to understand what are the problems that are encountered when carrying out investigations in cloud forensics. Through the use of secondary research, this paper found out that most problems are associated with technical and legal channels that are involved in carrying out these investigations. Investigator's mistakes when extracting pieces of evidence form the most crucial problems that take a lead when it comes to cybercrime investigation in the cloud environment. This paper not only flags out the challenges that are associated with cybercrime investigation in cloud environments but also offer recommendations and suggested solutions that can be used to counter the problems in question here. Through a proposed model to perform forensics investigations, this paper discusses new methodologies solutions, and developments for performing cybercrime investigations in the cloud environment.

• Convergence Security Journal
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• v.23 no.3
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• pp.37-47
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• 2023

The growth of the metaverse has been accelerated by the increased demand for non-face-to-face interactions due to COVID-19 and advancements in technologies such as blockchain and NFTs. However, with the emergence of various metaverse platforms and the corresponding rise in users, criminal cases such as ransomware attacks, copyright infringements, and sexual offenses have occurred within the metaverse. Consequently, the need for artifacts that can be utilized as digital evidence within metaverse systems has increased. However, there is a lack of information about artifacts that can be used as digital evidence. Furthermore, metaverse security evaluation and forensic analysis are also insufficient, and the absence of attack scenarios and related guidelines makes forensics challenging. To address these issues, this paper presents artifacts that can be used for user behavior analysis and timeline analysis through dynamic analysis of Roblox, a representative metaverse gaming solution. Based on analyzing interrelationship between identified artifacts through memory forensics and log file analysis, this paper suggests the potential usability of artifacts in metaverse crime scenarios. Moreover, it proposes improvements by analyzing the current legal and regulatory aspects to address institutional deficiencies.

• Korean Security Journal
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• no.10
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• pp.215-242
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• 2005

As CCTV can be an effective tool to prevent or suppress crime at low cost, they have been widesoread in developed countries. In spite of their effectiveness, they infringe some constitutional rights such as the right to privacy, the right of likeness and the right to control over personal information. The police and ward offices install CCTV in public areas to prevent crimes without a legal basis or standard. When information obtained in such a way is used as investigation data for the police or as an evidence in a court, it can cause serious trouble. To solve this problem, legal restriction on the installation of CCTV as should be clearer. Since current laws on public agencies' protection of personal information are too general, they are not effective enough to protect personal information. Therefore, Personal Information Protection Organic Act should be enacted to make a legal basis for protecting comprehensive personal information. It should be obvious who installs CCTVs, who pay for the cost and how they are managed. Before installation, the police and ward offices should obtain residents' consent through a public hearing or voting (on the range and purpose of installation), or conduct an impact assessment. During installation, CCTVs should be limited to prevent or suppress crimes, keep public order and void dangers. In case of making a sign of installation, it must specify its rights. After installation(operation/management phase), they should abide by principles of information protection and try not to infringe constitutional right. In the cognitive aspect, the police should constitutional rights must be secured although it is important to carry out their missions. The police should serve citizens and change to the police of communities. Citizens should understand that constitutional right can be infringed if public order is not maintained. When citizens cooperate with the police, they fear of crimes will decrease.