• Journal of Legislation Research
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• no.53
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• pp.337-374
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• 2017

Wer wegen eines Wahldelikts zu Geldstrafe von mehr als 1 Million Won verurteilt wird, verliert nach ${\S}$ 18 Abs. 1 Satz 3, ${\S}$ 19 Satz 1, ${\S}$ 266 des Koreanischen Wahlgesetzes $f{\ddot{u}}r$ die Dauer von $f{\ddot{u}}nf$ Jahren die $F{\ddot{a}}higkeit$, ${\ddot{o}}ffentliche$ ${\ddot{A}}mter$ zu bekleiden und Rechte aus ${\ddot{o}}ffentlichen$ Wahlen. Bei Verurteilung zu Freiheitsstrafe wegen eines Wahldelikts ${\ddot{A}}mter$ sich die Dauer des Verlusts der $Amtsf{\ddot{a}}higkeit$ und des aktiven bzw. passiven Walhrechts auf 10 Jahre. Dies erfolgt kraft Gesetzes. Das $hei{\ss}t$, dass die Entscheidung ${\ddot{u}}ber$ das Ob und die Dauer des Verlusts nicht im Ermessen des Gerichts steht. Allerdings sollte $diesbez{\ddot{u}}glich$ nicht verkannt werden, dass ein deratriger Entzug von $Amtsf{\ddot{a}}higkeit$, $W{\ddot{a}}hlbarkeit$ u.s.w., mit dem eine Straftat geahndet werden soll, selber von Natur aus eine Art Strafen darstellt. Der im ${\S}$ 41 des Koreanischen StGB geregelte Strafen-Katalog $enth{\ddot{a}}lt$ $n{\ddot{a}}mlich$ eine zeitlich begrenzte Aberkennung des oben genannten ${\ddot{o}}ffentliche$n Rechtsstatus als eine Art Ehrenstrafen. Nicht einleuchtend ist, warum das Wesen der Sanktion $gem{\ddot{a}}{\ss}$ ${\S}$ 18 Abs. 1 Satz 3, ${\S}$ 19 Satz 1, ${\S}$ 266 des Koreanischen Wahlgesetzes, die den gleichen Zweck und die gleiche Rechtsfolge wie die im ${\S}$ 41 des Koreanischen StGB geregelte Ehrenstrafe hat, nicht als Strafe aufgefasst werden sollte. Handelt es sich bei der oben genannten Sanktion um eine Art Ehrenstrafen, so stellt sich die Anforderung, sie je nach der Eigenart der begangenen Tat bzw. des $T{\ddot{a}}ters$ zu individualisieren. Das Gebot der Individualisierung der Strafen, welches $haupts{\ddot{a}}chlich$ vom materiellen Rechtsstaatsprinzip ableitbar ist, kann im Grunde nur verwirklicht werden, wenn das Gericht dazu befugt ist, unter $Ber{\ddot{u}}cksichtigung$ der konkreten $Umst{\ddot{a}}nde$ jedes Einzelfalls ${\ddot{u}}ber$ eine angemessene Strafe zu befinden. Somit ist der kraft Gesetzes eintretenden Verlust der $Amtsf{\ddot{a}}higkeit$ und der $W{\ddot{a}}hlbarkeit$ nur schwer mit dem Gebot der Individualisierung der Strafen vereinbar. Es $w{\ddot{a}}re$ deshalb $w{\ddot{u}}nschenswert$, wenn der Gesetzgeber eine Reform in Betracht ziehen $w{\ddot{u}}rde$, welche den Ersatz des kraft Gesetzes automatisch eintretenden Entzugs der $Amtsf{\ddot{a}}higkeit$ bzw. des Wahlrechts durch die gerichtliche fakultative Aberkennung von diesen Statusrechten beinhaltet.

• Analytical Science and Technology
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• v.29 no.3
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• pp.136-141
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• 2016

In the present study, the distribution of glass particles inside 10 patrol cars of Chungnam Province has been studied. The target seats were front seats (driver’s seat, passenger’s seat) and the back seat. The target areas were the bottom of the seat (seat contacting buttocks, back of the seat, and the corner of the seat (the bottom and back attached part)). The target areas were tape lifted with an adhesive tape. The glass particles adhering to the adhesive tape were examined and counted under a stereomicroscope. The total number of glass particles found was 679. Among them, 471 (driver’s seat 293, passenger seat 178) were collected from front seats, which are usually occupied by police officers. The majority of glass particles were under 0.49 mm size. The results show that the majority of glass particles can be found on the front seats, rather than on the back seat. There is a high probability that glass particles found on the front seat adhere to police officers, so that to get further transferred to the convict upon physical contact (secondary transfer). Thus, there is a risk of misinterpretation of the value of glass evidence in the course of forensic examinations. Hence, a separate method to prevent cross contamination has to be prepared by police authorities as soon as possible.

• The Korean Society of Law and Medicine
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• v.20 no.2
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• pp.83-107
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• 2019

This article focuses on §10 of Criminal Act of the Republic of Korea to discuss how to determine criminal responsibility of a perpetrator suffering from mental disorders, while reviewing existing process and standards of mental examination at each stage of the criminal procedure as well as exploring suggestions regarding how they should be complied. The determination of the sanity or criminal responsibility of the mentally ill as defined in the §10 of Criminal Act, by its nature, cannot be approached with a traditional, clear-cut dichotomy of biology by medical practitioner and psychology·normative science by lawyer. Looking into the actual procedure of determining mental and physical disorder with special consideration of mental illness reveals the inevitability of collaboration between lawyers and psychiatrists. In the meantime, the process and standards of mental examination at each stage of the criminal procedure must be definitive and clear. First of all, during the investigation stage, examination prior to prosecution should be more actively encouraged, considering that judging sanity of the perpetrator at the time of committing a criminal act is important. During the trial stage, the mandatory examination must be conducted depending on the sensitivity and gravity of the case. Next, medical examination to determine criminal responsibility and the one to order treatment and custody must be separately conducted in order to properly execute medical treatment and custody. Obligatory mental examination could be considered both during the stage of request for and execution of the treatment and custody. Lastly, the procedure of examination and format of examination documents need to be standardized for better objectivity and reliability.

• Proceedings of the Korean Society of Computer Information Conference
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• 2014.01a
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• pp.377-378
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• 2014

컴퓨터 시스템을 기반으로 이루어지는 범죄 행위로부터 법적인 보호를 받기 위해 관련 법안이 개정되고 이를 수용하기 위한 컴퓨터 포렌식 지원 기술이 다각도로 연구되고 있다. 그러나 시스템 침해자의 시스템 공격 후 본인 흔적을 지우고 나가는 경우 침해자 추출이 어렵다. 또한 휘발성 정보의 손실이 발생하며 디스크에 저장된 비휘발성 정보의 경우 파일의 삭제 및 생성에 의해 디스크 저장영역의 중복된 사용으로 완전한 정보를 추출하는데 문제를 가지고 있다. 이러한 문제를 해결하기 위해 본 연구에서는 시스템 침해자의 공격 형태 및 상황, 환경을 유추하기 위해 행위자를 중심으로 휘발성의 정보를 수집하여 공격 당시의 시나리오의 재현이 가능한 컴퓨터시스템 블랙박스를 설계하였다.

• Proceedings of the Korea Multimedia Society Conference
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• 2003.05b
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• pp.326-329
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• 2003

최근 인터넷을 대상으로 한 사이버 공격의 공격 경향은 분산 환경에서 다수 공격자의 대규모 분산 서비스 거부 공격(DoS)의 출현 및 해외 해커들의 국내 전산망을 우회 루트로 활용한 사례의 증가 등 고도화된 불법 행위가 점차 범죄의 강력한 수단으로 이용되는 추세에 있다. 본 논문은 기존 네트워크에서 해당 네트워크의 침입자의 트래픽 차단 방법의 취약점을 보완하여 2-MAC 인증 패킷을 이용한 효율적인 공격자 추적기법을 제안하였다. 제안된 방식은 기존 시스템에서의 NIC(Network Interface Card)의 물리적 주소인 MAC(Media Access Control)과 메시지 인증코드(MAC： Message Authentication Code)를 이용한 방식을 제안하였다.

• Journal of Ethics
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• no.77
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• pp.73-112
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• 2010

This study aims to explore the character and problem of multicultural society in Korea in terms of the concept of moral panics. Its major issues are dealt with as follows: Firstly, this essay will apply two concepts of culture in multiculturalism - the pattern of meaning and a study of perfection- to three degrees of multicultural members: by individual, by groups and by a society as a whole. In this approach, moral panics of multicultural society in Korea have been manipulated by the secondary definitions like Korean government and media. In this study, however, the resource of the panics would be seen as nationalism in Korean history. To remove it in this essay, the conception of the pattern of meaning, which makes members understand others outer their norms, should be harmonized with that of a study of perfection by which they have identities. Secondly, the main subject of multiculturalism in Korea should at least be majority (groups)-Korean, not minority (groups)-foreigners. A stereotype of foreigners by majority is an image distorted by nationalities and races. People, for example, with the white skin from advanced countries are recognized as superior, while those born in the countries of Southeast Asia are, consciously or unconsciously, discriminated and have low positions due to socio-economic stratification in Korea. In this sense, a study of multicultural society in Korea should go forward to the inner direction to majority, because it is one of the real moral panics in Korea. In conclusion, it is important that there must be a study of identity which we can have of others in multicultural studies of Korea. It enables us to meet the conception of diversity. In that Korean government and media have neglected the danger of nationalism, it is also necessary that this study have any foundation of morality in ethics, which can give useful alternatives to the given polices of the secondary definitions.

• Korean Security Journal
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• no.34
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• pp.185-207
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• 2013

Nowadays, national criminal policy focuses on "specialization", "advancement", and "choice and concentration" to enhance the efficiency and effectiveness of public peace services. Consequently, the space that a nation manages diminishes and there appears vacant space of security. For that reason, in most developed countries including South Korea, there has been a significant expansion in the size and role of Private Security(PS). From this point of view, the Japanese government has adopted the PFI(Private Finance Initiative) system in private prisons. These cases clearly show the role and significance of "PS". By applying know-how of the private sector, these PFI prisons make efficient use of installation by the united efforts of government and people. Criteria such as solution for risk baring, regional coexistence, preservation of public security, response management and operating skills are considered important particularly in Kitsuregawa and Harima prisons. Thus, this study examines the implications and applicability for the expansion of PS in South Korea.

• Korean Security Journal
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• no.50
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• pp.91-115
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• 2017

Recently the characteristics of those who committed serious terrorist crimes are not directly related to the direct command system of a specific terrorist organization (ex. IS) but are influenced by the political propaganda of terrorist organizations online, Terrorist crime under the loose form of the terrorist organization. Therefore, this study suggests ways to improve countermeasures against terrorism in metropolitan subways. Although it is important for the prevention of terrorism in the subway, it is important for the police officers of the subway police and the special police officers of the railway to have a physical limit to take charge of them, and after confirming that improvement measures are necessary, And pointed out the possibility of establishing independent security departments where judicial and administrative control is not feasible to grant police rights. In addition, I pointed out how to improve the safety of subways in the metropolitan area through the recruitment of core job candidates and the identity survey during the subway operation. Furthermore, it was confirmed that a special council on terrorism, which can take into consideration the characteristics of subway terrorism, such as airports and ports, is required to be established in charge of terrorism prevention under the current Anti-Terrorism Act. Finally, it is once again emphasized that the strengthening of the powers of the counterparts to terrorism must inevitably limit the basic rights of the people, so the principle of proportionality must be observed in their activities.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.20 no.12
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• pp.546-554
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• 2019

Typically, closed-circuit television (CCTV) monitoring is mainly used for post-processes (i.e. to provide evidence after an incident has occurred), but by using a streaming video feed, machine-based learning, and advanced image recognition techniques, current technology can be extended to respond to crimes or reports of missing persons in real time. The multi-CCTV cooperation technique developed in this study is a program model that delivers similarity information about a suspect (or moving object) extracted via CCTV at one location and sent to a monitoring agent to track the selected suspect or object when he, she, or it moves out of range to another CCTV camera. To improve the operating efficiency of local government CCTV control centers, we describe here the partial automation of a CCTV control system that currently relies upon monitoring by human agents. We envisage an integrated crime prevention service, which incorporates the cooperative CCTV network suggested in this study and that can easily be experienced by citizens in ways such as determining a precise individual location in real time and providing a crime prevention service linked to smartphones and/or crime prevention/safety information.

• Journal of Popular Narrative
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• v.25 no.4
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• pp.223-261
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• 2019

This article is a reexamination of the feminist criminal narrative I wish for what is forbidden by Yang Gui-ja in the context of the rise of the women's movement and consumer culture of the middle class in Gangnam in the 1980s and 1990s. At this time, the explosive media culture served to strengthen the ideology that placed the middle-class family at the center as well as the consumption culture. The combination of consumer media culture, women's movement and democratization created a soft and domestic male image while visualizing the material foundation of the middle class in the 1990s of South Korea. In this novel, the domestic male image transforms the feminist criminal narrative into the narrative of the femme fatale attacking the stability and dignity of the middle class family, and at the moment of the transformation, the feminist woman Kang Min-ju is killed by a lower class man who has admired and loved her. This novel is not only current but also signifying as a text that overlaps sociocultural reproduction and feminist issues of the middle class based on Gangnam in the 1990s. This is because it shows the sociocultural context of femicide, such as serial murder of targeting women, as a core code of criminal narrative to be held in Korea since the late 1990s.