• Title/Summary/Keyword: legal evidence

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A Study on the Criminal Justice Rehabilitation System of Sweden (스웨덴 법무보호복지제도 연구)

  • Kwon, Joon-Sung;Gong, Jung-Sik;Hyun, Mun-Jung
    • The Journal of the Korea Contents Association
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    • v.22 no.10
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    • pp.506-514
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    • 2022
  • The method of suppressing recidivism through punishment centered on punishment is showing limitations through criminal policy research in many countries. As an alternative to this, a restorative judicial law aimed at returning criminals to members of society through reconciliation and coordination of community members, victims, and perpetrators is emerging as a paradigm for crime prevention and recidivism. Sweden is a representative welfare state and is confirming positive effects through correction of criminals based on restorative justice. In addition, it has a stable system related to the legal protection welfare system, and maintains a low recidivism rate and social security through scientific and reasonable operation using evidence-based principles in the evaluation and certification process of operating programs. However, research on the legal protection system implemented in advanced welfare and correctional countries, including Sweden, is still insufficient in Korea. Therefore, this study aims to explore the direction of the domestic legal protection system through a review of Swedish criminal policy and legal protection system, and to identify insufficient areas and complementary points of the domestic system to lay the foundation for improving the domestic legal protection welfare system and expanding business.

The Impact of Environmental Factors on the International Harmonization Process of Accounting on SMEs: Evidence in Vietnam

  • NGUYEN, Dung Duc
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.10
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    • pp.641-649
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    • 2020
  • The study examines the effect of environmental factors on the international harmonization process of accounting on small and medium enterprises in Vietnam. These factors include legal environment, business environment, and cultural environment. The data is collected by a survey of 100 accountants and 100 auditors on the factors that affects the international harmonization process of accounting. The T-Tests indicate differences between the answers of the accountants and auditors. First, for the accountants, legal environment has the biggest effect on the harmonization process of accounting; while on the auditors, business environment has the biggest influence. Second, while the accountants consider costs higher than benefits in the harmonization process of accounting, the auditors assume that benefits are superior to costs that businesses spend. Third, both the accountants and the auditors indicate that the harmonization process of accounting should not be applied for all small and medium enterprises. From the study results, the author has given a different evaluation method that Vietnam should implement for international harmonization with the required adjustments as per the suitability with the status of businesses in Vietnam. The process of harmonization in accounting practices should not be indiscriminately applied to all the small and medium enterprises either.

A Brief Review of the Legal Definition of Chemical Accident under the Current Chemical Substances Control Act (화학물질관리법상 화학사고 정의에 관한 소고)

  • Jihoon Park;Seon-Oh Park;Hyojin Park;Hye-Ok Kwon
    • Journal of Environmental Health Sciences
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    • v.49 no.4
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    • pp.179-182
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    • 2023
  • The Chemical Substances Control Act has been legislated to counter the risks posed by chemical substances to public health and the environment, but a number of small- and large-scaled incidents related to hazardous chemicals continue to occur every year. The Korean Ministry of Environment takes legal responsibility for prevention, preparedness, and response to nationwide chemical accidents under the Chemical Substances Control Act. The determination of chemical accidents that occur during hazardous chemical handling processes is based on the Article 2 (Definitions) of the law and the administrative criteria for judgement of chemical accidents. However, there are certain ambiguities in the scientific basis for determining chemical accidents under the current regulations. Whether or not a chemical accident has a direct influence on penalties and administrative measures for a workplace where an accident occurred, it is necessary to find reasonable criteria for determining chemical accident based on legal and scientific evidence.

Law and Statistics: Education, Applications and Research (법(法)과 통계학: 교육, 응용 및 연구)

  • Huh, Myung-Hoe
    • The Korean Journal of Applied Statistics
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    • v.23 no.4
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    • pp.725-738
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    • 2010
  • As an effort to reform legal system of Korea, the law school system is introduced in March 2009. Thus the law culture of Korea is expected to change drastically for diversification, specialization and globalization. With such social trend as background, the author writes on the pre-law and law school courses "Law and Statistics" which were offered at Korea University. Also, he reviews two legal cases and summarizes two research results: DNA database controversies and a sentence standardization model.

The Effect of Disgust on Legal Judgment: Disgust Induced by the Crime Scene vs. Sexual Minority Stereotypes (혐오 정서가 법적 판단에 미치는 영향: 범죄현장으로부터 유발된 혐오와 성 소수자 고정관념에서 비롯된 혐오)

  • Lee Yoonjung
    • Korean Journal of Culture and Social Issue
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    • v.29 no.4
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    • pp.537-567
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    • 2023
  • This study compared the nature of disgust caused by the crime scene with that by the stereotype of the sexual-minority defendant, and compared the effect of each type of disgust on evidence evaluation and legal judgment. A total of 600 participants (300 men, average age of 44.40) were randomly assigned to sources of disgust (crime scene, sexual minorities defendant, control condition), the existence of additional evidence of innocence (o/x), and the existence of judicial directives (o/x). As a result of the study, disgust under the condition of a cruel crime scene with strong physical disgust was significantly higher than that of the sexual minority defendant, interpreted the evidence in a more guilty direction, and was more prone to_evaluate that the defendant was guilty. It is noteworthy that evidence evaluation was a significant moderating variable between disgust and probability of guilt under conditions where the source of disgust was a sexual minority, but not under control conditions and crime scene condition. It means that the effect of disgust on legal judgment may not be direct when the defendant is a sexual minority. In addition, the existence of the judicial instruction had a significant inverse effect on the sentence. And simple effect analysis found that presenting judicial instruction lowered probability of guilt only under the control condition. This makes it reasonable to infer that disgust derived from the characteristics of the crime scene and the defendant can be recognized as integral emotions that are difficult to correct with instructions. Finally, pity for the defendant was significantly higher under the conditions of sexual minority which shows that an emotional response of sympathy may occur in addition to disgust for sexual minorities. After examining the nature of disgust (physical & moral), legal judgment according to the source and degree of disgust was reviewed. In addition, the meaning of disgust and sympathy for the sexual minority defendant was discussed.

Integrity proof Method research in Mobile Forensic (모바일 포렌식 에서의 무결성 입증방안 연구)

  • Kim, Ki-Hwan;Shin, Young-Tae;Park, Dea-Woo
    • KSCI Review
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    • v.15 no.1
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    • pp.37-46
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    • 2007
  • Lately, is trend that diffusion of Mobile information appliance that do various function by development of IT technology is increasing much. There is function that do more convenient and efficient life and business using portable phone that is Daepyo?? of Mobile information appliance, but dysfunction that is utilized by Beopjoe of pointed end engineering data leakage, individual's privacy infringement, threat and threat etc. relationship means to use Mobile Phone is appeared and problems were appeared much. However, legal research of statute unpreparedness and so on need research and effort to prove delete, copy, integrity of digital evidence that transfer secures special quality of easy digital evidence to objective evidence in investigation vantage Point is lacking about crime who use this portable phone. It is known that this digital Forensic field is Mobile Forensic. Is purposeful to verify actually about acquisition way of digital evidence that can happen in this treatise through portable phone that is Mobile Forensic's representative standing and present way to prove integrity of digital evidence using Hash Function.

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The Unmasked Aviation Accident Investigation System in Japan (일본항공사고 조사제도의 진실)

  • Sekiguchi, Masao
    • The Korean Journal of Air & Space Law and Policy
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    • v.16
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    • pp.65-74
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    • 2002
  • The Japanese Aviation Accident Investigation Board has two faces. While the surface of the Board is a one of the very accident investigation organ, its shadow face is a one of the very expert witness drawing up a requested written opinion for the sake of the criminal investigation of the Police under the two secret inter-ministerial accords. This Paper proposes that some evidence obtained by investigation ought to be protected for disclosure and use by privilege derived from on of our most basic legal principles: "Nemo debet se-ipsem accusare-no one is required to incriminate oneself-".

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Legal framework and practices of public order management in England and Wales (잉글랜드와 웨일즈의 공공질서 관리 관련 법적 틀 및 법집행 형태)

  • Jung, Jeyong;Ellis, Tom
    • Korean Security Journal
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    • no.54
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    • pp.203-222
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    • 2018
  • Public order management is one of the most important areas in policing. Drawing on the legal framework and policy, this study aims to assess practices of criminal justice practitioners, especially, police and prosecutors, in England and Wales. Using qualitative interviewing, four main themes are identified: (1) an emphasis on a right to protest, (2) police practices on public order management, (3) the development of police/prosecutor liaison, and (4) the value of video evidence. Based upon these findings, several legal, policy and practice implications are drawn. These implications involve a wide range of aspects concerning strategic, operational, and tactical interventions by the police, as well as collaboration between police and prosecutors. Although the criminal justice context in England and Wales is very different to South Korea, some practices and distinctions can be useful to consider in the Korean context. This study suggests that more gains can be made if legislation, policy, and practice across criminal justice nodes can be coordinated and approached holistically.

Cyber forensics domain ontology for cyber criminal investigation (사이버 범죄 수사를 위한 사이버 포렌식 범주 온톨로지)

  • Park, Heum
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.13 no.8
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    • pp.1687-1692
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    • 2009
  • Cyber forensics is used the process and technology of digital forensics as a criminal investigation in cyber space. Cyber crime is classified into cyber terror and general cyber crime, and those two classes are connected with each other. The investigation of cyber terror requires high technology, system environment and experts, and general cyber crime is connected with general crime by evidence from digital data in cyber space. Accordingly, it is difficult to determine relational crime types, collect evidence and the legal admissibility of evidence. Therefore, we considered the classifications of cyber crime, the collection of evidence in cyber space and the application of laws to cyber crime. In order to efficiently investigate cyber crime, it is necessary to integrate those concepts for each cyber crime-case. In this paper, we constructed a cyber forensics domain ontology for cyber criminal investigation using the concepts, relations and properties, according to categories of cyber crime, laws, evidence, and information of criminals and crime-cases. This ontology can be used in the process of investigating of cyber crime-cases, and for data mining of cyber crime; classification, clustering, association and detection of crime types, crime cases, evidences and criminals.

A Study on Extraction of Mobile Forensic Data and Integrity Proof (모바일 포렌식 자료의 추출과 무결성 입증 연구)

  • Kim, Ki-Hwan;Park, Dea-Woo
    • Journal of the Korea Society of Computer and Information
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    • v.12 no.6
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    • pp.177-185
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    • 2007
  • Lately, it is a trend that diffusion of Mobile Information Appliance that do various function by development of IT technology. There is function that do more convenient and efficient exchange information and business using mobile phone that is Mobile Information Appliance, but disfunction that is utilized by pointed end engineering data leakage, individual's privacy infringement, threat, etc. relationship means to use mobile phone is appeared and problems were appeared much. However, legal research of statute unpreparedness and so on need research and effort to prove delete, copy, integrity of digital evidence that transfer secures special quality of easy digital evidence to objective evidence in investigation vantage point is lacking about crime who use this portable phone. It is known that this Digital Forensic field is Mobile Forensic. In this paper. We are verify about acquisition way of digital evidence that can happen in this treatise through mobile phone that is Mobile Forensic's representative standing and present way to prove integrity of digital evidence using Hash Function.

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