• Journal of Digital Convergence
• /
• v.13 no.4
• /
• pp.81-87
• /
• 2015

This study will show the digital forensic model which fights against cyber-crimes to prepare various cyber-crimes. The digital forensic model will be more useful about the investigation of cyber-crimes and arresting criminals after researching the uses of the digital forensic model and cyber-crime rates in South Korea. This model conduct the standardized data with various languages by the language support system through the digital forensic analyzer. This model will send the data to law enforcement reviewing whether or not we ought to prove criminal charges. Moreover, law enforcement can access the file system to find out admissibility of evidence. And this model simplifies lawful investigation about additional investigation. The data, which is conducted and saved by the digital forensic system, will be helpful to protect against the future crimes because of the data.

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

• Spatial Information Research
• /
• v.22 no.3
• /
• pp.47-58
• /
• 2014

The credible measurement, reporting and verification (MRV) is among the most critical elements in UN-REDD (United Nations programme on Reducing Emissions from Deforestation and forest Degradation in Developing Countries). This study is intended to explore MRV potential in terms of UN-REDD opportunity cost estimation using satellite image for Mt. Geum-gang of North Korea. A visual interpretation were conducted to evaluate MRV conditions by sub-dividing or decomposing the images with different pixel size into a three types of hierarchical tree structure that helps dealing with spatial variability within each subarea. The permanent record of standard satellite remote sensing system demonstrated its capability of presenting area-wide visual evidences of MRV conditions in Mt. Geum-gang (such as the identification of forested area, degradation trends for forest space, three types of hierarchical land-cover and land use tree structure, carbon density in the landscape). Satellite data could be accepted as legally binding proof when it comes to REDD opportunity cost estimation since several cases exist where remote sensing has been used as legal evidence in ICJ (International Court of Justice) and UN resolution. It doesn't seem very difficult to comply with MRV requirements for UN-REDD opportunity cost calculation due to the probative value of satellite data. It is anticipated that this research output could be used as a valuable reference for Korea-based enterprises exploring REDD project sites and the carbon traders to ensure MRV potentials using satellite image in UN-REDD Opportunity Cost estimation.

• The Korean Journal of Air & Space Law and Policy
• /
• v.23 no.2
• /
• pp.67-92
• /
• 2008

The purpose of this paper is to research the requirements and effect of the document of carriage in respect of the carriage of cargo by air under the Montreal Convention of 1999, IATA Conditions of Carriage for Cargo, and the judicial precedents of Korea and foreign countries. Under the Article 4 of Montreal Convention, in respect of the carriage of cargo, an air waybill shall be delivered. If any other means which preserves a record of the carriage are used, the carrier shall, if so requested by the consignor, deliver to the consignor a cargo receipt. Under the Article 7 of Montreal convention, the air waybill shall be made out by the consignor. If, at the request of the consignor, the carrier makes it out, the carrier shall be deemed to have done so on behalf of the consignor. The air waybill shall be made out in three original parts. The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee", and shall be signed by the consignor and by the carrier. The third part shall be signed by the carrier who shall hand it to the consignor after the goods have been accepted. Under the Article 5 of Montreal Convention, the air waybill or the cargo receipt shall include (a) an indication of the places of departure and destination, (b) an indication of at least one agreed stopping place, (c) an indication of the weight of the consignment. Under the Article 10 of Montreal Convention, the consignor shall indemnify the carrier against all damages suffered by the carrier or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement furnished by the consignor or on its behalf. Under the Article 9 of Montreal Convention, non-compliance with the Article 4 to 8 of Montreal Convention shall not affect the existence of the validity of the contract, which shall be subject to the rules of Montreal Convention including those relating to limitation of liability. The air waybill is not a document of title or negotiable instrument. Under the Article 11 of Montreal Convention, the air waybill or cargo receipt is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage. Under the Article 12 of Montreal Convention, if the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill or the cargo receipt, the carrier will be liable, for any damage which may be accused thereby to any person who is lawfully in possession of that part of the air waybill or the cargo receipt. According to the precedent of Korea Supreme Court sentenced on 22 July 2004, the freight forwarder as carrier was not liable for the illegal delivery of cargo to the notify party (actual importer) on the air waybill by the operator of the bonded warehouse because the freighter did not designate the boned warehouse and did not hold the position of employer to the operator of the bonded warehouse. In conclusion, as the Korea Customs Authorities will drive the e-Freight project for the carriage of cargo by air, the carrier and freight forwarder should pay attention to the requirements and legal effect of the electronic documentation of the carriage of cargo by air.