• Title/Summary/Keyword: search and seizure

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Privacy protection of seizure and search system (압수수색과 개인정보 보호의 문제)

  • Kim, Woon-Gon
    • Journal of the Korea Society of Computer and Information
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    • v.20 no.5
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    • pp.123-131
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    • 2015
  • Bright development of information communication is caused by usabilities and another case to our society. That is, the surveillance which is unlimited to electronic equipment is becoming a transfiguration to a possible society, and there is case that was able to lay in another disasters if manage early error. Be what is living on at traps of surveillance through the Smart phones which a door of domicile is built, and the plane western part chaps, and we who live on in these societies are installed to several places, and closed-circuit cameras (CCTV-Closed Circuit Television) and individual use. On one hand, while the asset value which was special of enterprise for marketing to enterprise became while a collection was easily stored development of information communication and individual information, the early body which would collect illegally was increased, and affair actually very occurred related to this. An investigation agency is endeavored to be considered the digital trace that inquiry is happened by commission act to the how small extent which can take aim at a duty successful of the inquiry whether you can detect in this information society in order to look this up. Therefore, procedures to be essential now became while investigating affair that confiscation search regarding employment trace of a computer or the telephone which delinquent used was procedural, and decisive element became that dividing did success or failure of inquiry whether you can collect the act and deed which was these electronic enemy. By the way, at this time a lot of, in the investigation agencies the case which is performed comprehensively blooms attachment while rummaging, and attachment is trend apprehension to infringe discretion own arbitrary information rising. Therefore, a lot of nation is letting you come into being until language called exile 'cyber' while anxiety is exposed about comprehensive confiscation search of the former information which an investigation agency does. Will review whether or not there is to have to set up confiscation search ambit of electronic information at this respect how.

A Study on the Policy Measures for the Prevention of Industrial Secret Leakage in the Metaverse (메타버스 내 산업기밀 유출 대응을 위한 정책 및 제도에 관한 연구)

  • Jeon, So-Eun;Oh, Ye-Sol;Lee, Il-Gu
    • Journal of Digital Convergence
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    • v.20 no.4
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    • pp.377-388
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    • 2022
  • Metaverse, realistic virtual space technology has become a hot topic. However, due to the lack of an institutional system to the metaverse environment, concerns are rising over the leakage of industrial confidentiality, including digital assets produced, stored, processed, and transferred within the metaverse. Digital forensics, a technology to defend against hacking attacks in cyberspace, cannot be used in metaverse space, and there is no basis for calculating the extent of damage and tracking responsibility, making it difficult to respond to human resources leakage and cyberhacking effectively. In this paper, we define the scope of industrial confidentiality information and leakage scenario and propose policy and institutional measures based on problems in each metaverse scenario. As a result of the study, it was necessary to prepare a standardized law on Extra-territorial search and seizure issues and a system for collecting cryptocurrency evidence to respond to industrial confidentiality leaks in the metaverse. The study expects to contribute to industrial technology development by preparing in advance for problems that may arise in metaverse technology.

A Study on the Correlation between the Investigation on the Violation Crime of Intellectual Property Rights and the Goods Inspection in Customs Law (관세법상 지식재산권 침해사범 수사와 물품검사와의 상호관계)

  • Ye, Sangkyun
    • International Commerce and Information Review
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    • v.19 no.3
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    • pp.197-214
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    • 2017
  • It requires professional knowledge and much time to judge intellectual property rights infringement. The duties of customs administration are the balance between the propositon of trade facilitation through rapid clearance and the thesis of social security through exact examination. There is a view that the criminal procedure law control is necessary to the goods inspection of clearnce procedure if it is related to crimianl investigation. However, it seems that the customs law does not consider the goods inspection investigation as the investigation under judicial control, but only the mere administrative investigation. It can be said that the inspection of goods by customs law functioning as a clue of investigation is confined to the ordinary goods inspection, including the screening test. Searching for specific articles by specific informaition should be under the control of criminal procedure law because it constitutes the commencement of criminal investigation in criminal cases. This interpretation could be an opportunity as a harmonious operation between the goods inspection of customs clearance and the search and seizure of criminal procedure.

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A Study on the Conflict Between the Call for Journalists' Phone Records and the Shield Law: Focusing on the Review of Paragraph 2, Article 13 of the Act of Protection of the Secrecy of Correspondence (기자의 통화내역 조회와 취재원 보호 간의 갈등: 통신비밀보호법 제13조 제2항 논의를 중심으로)

  • Lee, Seung-Sun
    • Korean journal of communication and information
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    • v.25
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    • pp.103-133
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    • 2004
  • Korean citizens enjoy not only the freedom of communication but also the secrecy of electronic communication. Article 18 of the Constitution of the Republic of Korea prescribes that the secrecy of correspondence should not be infringed. Namely, all citizens enjoy guaranteed privacy of correspondence. But many people have been experiencing the infringement of those rights. The purpose of this paper is to evaluate whether Paragraph 2, Article 13 of the Act on Protection of the Secrecy of Correspondence infringes on the constitutional rights of privacy of electronic communication. The results of this study indicate that the law violates the Constitution. Paragraph 3, Article 12 (Personal Liberty, Personal Integrity) of the constitution stipulates that "Warrants issued by a judge through due process (upon the request of a prosecutor) have to be presented in case of arrest, detention, seizure, or search." However, prosecutors, the police, and National Intelligence Service have made numerous inquiries calling for the journalists' telephone records without warrants issued by a judge. So, this study suggests that the paragraph should be amended to be compatible with the Constitution. Meanwhile, journalists should make a more concerted effort to protect their news sources in exercising constitutionally protected freedom of the press.

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Australian Case Study in Regulatory Techniques to the Security Industry Reform and Policy Implications (호주 민간경비산업 고품질 규제수단 검토 및 시사점)

  • Kim, Dae-Woon
    • Korean Security Journal
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    • no.47
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    • pp.7-36
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    • 2016
  • The security providers industry, often referred to as an industry with unconfined growth ceiling, has entered a remarkable mass-growth phase since the 1980. In the modern era, private-sector security increasingly cover functions relating to general security awareness (including counter-terrorism) in partnership with State bodies, and the scale of operations continue to accelerate, relative to the expanding roles. In the era of pluralisation of policing, there has been widening efforts pursued to develop a range of regulatory strategies internationally in order to manage such growth and development. To date, in South Korea, a diverse set of industry review studies have been conducted. However, the analyses have been conventionally confined to North America, Britain, Germany and Japan, while developments in other world regions remain unassessed. This article is intended to inform the drivers and determinants of regulatory reforms in Australia, and examine the effectiveness of the main pillars of licensing innovations. Over the past decades, the Australian regime has undergone a wave of reforms in response to emerging issues, and in recognition of the industry as a 'public good' due to underpopulation density and the resulting security challenges. The focus of review in this study was on providing a detailed review of the regulatory approach taken by Australia that has expanded police-private security co-operation since the 1980s. The emphasis was on examining the core pillars of risk management strategies and oversight practices progressed to date and evaluating areas of possible improvement in regulation relative to South Korea. Overall, this study has identified three key features of Australian regime: (1) close checks on questionable close associates (including fingerprinting), (2) power of inspection and seizure without search warrant, (3) the 'three strikes' scheme. The rise of the private security presence in day-to-day policing operations means that industry warrant some intervening government-sponsored initiative. The overall lessons learnt from the Australian case was taken into account in determining the following checks and balances that would provide the ideal setting for the best-practice arrangement: (1) regulatory measure should be evaluated against a set of well-defined indicators, such as the merits of different enforcement tools for each given risk, (2) information about regulatory impacts should be analysed by a specialist research institute, (3) regulators should be innovative in applying a range of strategies available to them by employing a mixture of compliance promotional strategies, and adjust the mix as required.

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