• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.309-335
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• 2009

Over the last several years, regarding to the strategic items, the international community has seen governments make more formal commitments to adopt and implement effective export controls to counter the proliferation of weapons of mass destruction(WMD). United Nations Security Council Resolution 1540(that is "S/RES/1540") stands as the most important of these commitments. Many UN members already have export control laws and regulations in place to prevent the proliferation of weapons of mass destruction. Many members also participate in a variety of formal and informal international arrangements to coordinate their export control efforts. Nonetheless, each of these countries has its own unique legal framework for export controls. This generates considerable diversity in the construction of the specific national legal authorities. Over the last few years, however, a consensus over what constitutes the key elements of effective legal authorities for export controls has begun to emerge. Evidence for this development comes in the identification of best legal authorities or principles at several multilateral conferences on export controls.

• Journal of Science and Technology Studies
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• v.15 no.1
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• pp.215-244
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• 2015

The 1993 U.S. Supreme Court decision on Daubert v. Merrel Dow Chemical, Inc. has changed the ways in which scientific evidence is evaluated for legal purposes. A new set of guidelines, called thereafter the Daubert Standard, that was intended to increase the judge's authority in determining the admissibility of scientific evidence in the court, turns out to have increased the burden of proof on the part of plaintiffs and have also considerably influenced the outcome of policy decisions in the regulatory areas. This paper analyzes the changes made in the relationship between science and law after the introduction of the Daubert Standard, examining the epistemological differences between its proponents and opponents. The judge's dilemma as a gatekeeper, this paper argues, is not simply that of an 'amateur scientist' seeking to learn and practice scientific knowledge per se. Rather, the dilemma ought to be that of an 'legal expert,' faithful to ethos of social justice without succumbing to the practical convenience of the Daubert Standard. This paper also suggests that there is much room for STS scholars to make contributions to the use of science in legal settings by conducting in-depth studies on court cases in the broad social and political context.

• The Journal of the Convergence on Culture Technology
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• v.9 no.6
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• pp.1103-1109
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• 2023

Today, as the number of audio files submitted as legal evidence increases with the proliferation of smartphones, the integrity of audio files has become an important issue. Accordingly, the purpose of this study is to explore whether the metadata and file structure of audio files recorded on Samsung smartphones can be manipulated to be identical to the original. This study was based on Samsung smartphones, the most widely used in Korea, and conducted experiments on the built-in voice recording app and the 'Easy Voice Recorder' app, which is the most popular recording app. Through the experiments of this study, it was proven that the metadata and file structure of audio files can be manipulated. Therefore, this study reveals that metadata and file structure analysis have limitations in proving the integrity when audio files are analyzed for adoption as legal evidence. They also argue for the need to develop new voice file forgery technology that does not rely on metadata and file structure analysis.

• The Journal of the Korea Contents Association
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• v.6 no.5
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• pp.153-160
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• 2006

Recently, digital imaging is frequently used by crime scene investigators. However, the admissibility of digital photographic evidence in court is often raised because of the fact that digital photographs are more easily modified than film-based photographs. Therefore, in this article, the researcher reviewed some basic theories and legal considerations related with police crime scene investigations in Korea and The United States. This article is presented in the hope of clearing up some of the possibilities of falsifying photographic evidences and in the hope of setting the strict the rules of evidence regarding digital evidence in this county.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.17 no.3
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• pp.235-241
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• 2017

With the coming of the digital era, encryption has become common in everyday life. Almost anyone can easily acquire encryption software and use it to prevent unwanted third parties from accessing one's private information. However, the spread of encryption has also seriously hindered law enforcement during the investigation of cybercrimes, which hides incriminating digital evidence in encrypted hard drives and files. Therefore, many countries have attempted to compel criminals to decrypt encrypted evidence and it has been inevitable to examine privilege against self-incrimination as basic right on the side of constitution. This study analyzed the past court decisions on the issue of compelled decryption in the US and whether the Government can compel a defendant to disclose his password in Korean legal system on the constitutional side. Finally, this study suggests an approach to create a legal procedure to make it a crime for a suspect or defendant to refuse to disclose his password to law enforcement for criminal cases in Korea.

• YAKHAK HOEJI
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• v.52 no.6
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• pp.452-465
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• 2008

Hair analysis for drugs of abuse offers the crucial potential advantage when compared to urine, such as the longer time window of drug intake, which makes retrospective investigation of chronic and/or past consumption. This paper reviews the physiological basis of hair growth, mechanism of drug incorporation, analytical methods, result interpretation and practical application of hair analysis. Moreover, to facilitate the court's decision regarding specific circumstances surrounding the crime, this review demonstrated that the results of hair analysis not only should be admitted as scientific evidence of drug use but also could legally improve reliability of the evidence.

• Convergence Security Journal
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• v.3 no.1
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• pp.7-22
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• 2003

The legal dispute of electronic commerce and computer crimes are increasing because the electronic services like e-government and e-commerce are now widely used. Computer Forensics becomes the method for recovery, preservation, analysis and report regarding digital evidence essential to resolve the legal dispute and computer crime. In this paper, the developmental process of Computer Forensics is discussed. It is intended to elicit constructive discussion regarding the domestic Computer Forensics. And this discussion will be of help to establish the secure e-business and e-government services in the field of the research, legal system and technical skill of domestic Computer Forensics.

• Journal of Arbitration Studies
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• v.26 no.3
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• pp.121-147
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• 2016

Factual issues in most patent litigation are related to very complicated techniques. Thus, the courts has emphasised that the technology in dispute has to be read and understood through the eyes of a person to whom it is directed. Therefore, among the various processes in federal litigation, most litigation in the field of patent infringement relies on at least some expert evidence. This paper focuses on issues regarding patent dispute evidence, and explore whether there are unresolved issues in evidential rules and procedures of patent proceedings. Further, this paper seeks to demonstrate that both the parties and the courts in patent disputes generally benefit from the current evidence system. However, in a number of Australian cases, the scope of expert evidence in patent cases has been strictly limited. Australian Government identified uncertain issues associated with the present patent enforcement system, due to factors such as a low level of knowledge about what patent rights entail, the high degree of uncertainty of outcome in legal proceedings, etc. Arbitration shall be reviewed and suggested as an alternative to tackling the ongoing problems in the trial system.

• Korean Journal of Culture and Social Issue
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• v.21 no.3
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• pp.497-510
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• 2015

The jury instruction consists of a set of legal rules and provides a guide for jurors to interpret evidence and the legal standard of a proof beyond reasonable doubt. Jury instructions are usually given after the closing arguments (at the end of the trial). But some research has shown that jury instruction provided before the evidence may have an impact on verdict. The present study was to determine the cognitive process caused by early instruction: (1) Early instruction may influence the verdict by upwardly adjusting the threshold for the decision to convict; (2) early instruction may influence the verdict through evaluations of the probative values of evidence; (3) Or both. 187 people older than 20 years of age participated in the on-line survey. With a trial scenario, one independent variable, Instruction Procedure, was manipulated in three levels: before-and-after the evidence procedure, after-only evidence procedure, and no-instruction procedure. The instruction procedure conditions did not show any difference in the evaluation of the probative values of evidence. On the other hand, before-and-after condition showed the lowest rate of guilty verdict and the highest probability of guilt for the defendant in the scenario. This latter result clearly suggested that the instruction procedure affects the decision threshold. Specifically, instruction provided twice, once before and again after the evidence, may upwardly shift the threshold for the decision to convict.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.17 no.2
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• pp.591-608
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• 2023

With the emergence of advanced encryption technologies such as Quantum Cryptography and Full Disk Encryption, an era of strengthening information security has begun. Users respond positively to the advancement of privacy-enhancing technology, on the other hand, investigative agencies have difficulty unveiling the actual truth as they fail to decrypt devices. In particular, unlike past ciphers, encryption methods using biometric information such as fingerprints, iris, and faces have become common and have faced technical limitations in collecting digital evidence. Accordingly, normative solutions have emerged as a major issue. The United States enacted the CLOUD Act with the legal mechanism of 'Contempt of court' and in 2016, the United Kingdom substantiated the Compelled Decryption through the Investigatory Powers Act (IPA). However, it is difficult to enforce Compelled Decryption on individuals in Korea because Korean is highly sensitive to personal information. Therefore, in this paper, we sought a method of introducing a Compelled Decryption that does not contradict the people's legal sentiment through a perception survey of 95 people on the Compelled Decryption. We tried to compare and review the Budapest Convention with major overseas laws such as the United States and the United Kingdom, and to suggest a direction of legislation acceptable to the people in ways to minimize infringement of privacy. We hope that this study will be an effective legal response plan for law enforcement agencies that can normatively overcome the technical limitations of decoding.