• Title/Summary/Keyword: 불법행위

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Development of technology in estimating of high-risk driver's behavior (고위험군 운전자의 운행행태 판단기술 개발)

  • Jin, Ju-Hyun;Yoo, Bong-Seok;Lee, Wook-Soo;Kim, Gyu-Ho
    • The Journal of the Korea institute of electronic communication sciences
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    • v.11 no.5
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    • pp.531-538
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    • 2016
  • Driving behaviors such as speeding and illegal u-turn which violate traffic rules are main causes of car accidents, and they can lead to serious accidents. Bus drivers are less aware of dangers of illegal u-turn, and infrastructures such as traffic enforcement equipment and watchmen are deficient. This research aims to develop technology for estimating driving behaviors based on map-matching in order to prevent illegal u-turns. For this research, 23,782 of u-turn permit data and 146,000 of speed limit data are collected nationwide, and an estimation algorithm is built with these data. Then, an application based on android is developed, and finally, tests are conducted to assess the accuracy in data computations and GPS data map-matching, and to extrapolate driving behavior. As a result of the tests, the accuracy results in the map-matching is 86% and the assessment of driving behavior is 83%, while the display of the data output yielded 100% accuracy. Additional research should focus on improvement in accuracy through the development of a robust monitoring system, and study of service scenarios for technology application.

A Legal Study on the Legal Regulations and the Attitudes of Cases in the Hospital Owned by Non-medical Personnel (사무장병원에 대한 법적 규제와 판례의 태도에 관한 고찰)

  • Baek, Kyounghee;Chang, Yeonhwa
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.33-67
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    • 2020
  • The hospitals that are owned by non-medical personnel result when non-medical personnel with resources conspire with newly graduated medical doctors who cannot afford the enormous amount of capital required at the beginning of the establishment of a medical institution. Such hospitals, though they may have met the external requirements as medical institutions, disrupt the medical market as it should be centered by medical personnels, In addition, such hospitals are causing a huge social problem as it is illegally receiving and reducing various benefits such as medical care benefits and subsidies from the government, resulting in a significant financial leak in the national health insurance. The illegality of the opening of a non-medical personnel hospital is so high that it nullifies the contractual arrangement for the establishment, imposes criminal penalties on all persons involved in the establishment under the Korean Medical Law, and imposes administrative sanctions on medical personnel. In case the hospital was aware of the illegality of its opening, but had applied to receive medical care benefits from the National Health Insurance Act and the Medical Care Act, such actions will result in the return of the benefits under the National Health Insurance Act and the Medical Care Assistance Act, subject to the penalty for the crime of fraud, and aggravated punishment for specific economic crimes based on the amount of gain, as well as civil liability for torts. In this study, we will examine the current status of the regulations on the non-medical personnel hospital and present the basis for future legislative directions by looking at the legal regulations and the attitude of the precedents.

Determination of fuel marker in petroleum products using GC-MS (GC-MS를 이용한 석유제품 중의 식별제 분석)

  • Youn, Ju Min;Doe, Jin Woo;Yim, Eui Soon;Lee, Jung Min
    • Journal of the Korean Applied Science and Technology
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    • v.35 no.4
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    • pp.1073-1080
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    • 2018
  • There are several types of petroleum products used for the fuel oil, according to their respective quality standards, grades and usage. Depending on the degree of oil tax rate by country, even the same petroleum products will have price gap. The illegal mixing of cheap petroleum products, which are subject to the lower tax rate, with relatively expensive transportation fuel causes problems such as tax evasion, environmental pollution and vehicle breakdown. In order to prevent illicit production and mixing of these different petroleum products, a small amount of markers are legally added to specific petroleum products. In Korea, markers are introduced and used to prevent illegal activity that kerosene used as fuel for house and commercial boiler are mixed with automotive diesel fuels, and marker contents are analyzed to use UV-Vis spectrophotometer and high performance liquid chromatography (HPLC). In this study, we have developed a method to qualitatively and quantitatively determine the marker added to petroleum products by gas chromatography-mass spectrometry (GC-MS) without adding developing reagent or sample pre-treatments.

Illegal Cash Accommodation Detection Modeling Using Ensemble Size Reduction (신용카드 불법현금융통 적발을 위한 축소된 앙상블 모형)

  • Lee, Hwa-Kyung;Han, Sang-Bum;Jhee, Won-Chul
    • Journal of Intelligence and Information Systems
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    • v.16 no.1
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    • pp.93-116
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    • 2010
  • Ensemble approach is applied to the detection modeling of illegal cash accommodation (ICA) that is the well-known type of fraudulent usages of credit cards in far east nations and has not been addressed in the academic literatures. The performance of fraud detection model (FDM) suffers from the imbalanced data problem, which can be remedied to some extent using an ensemble of many classifiers. It is generally accepted that ensembles of classifiers produce better accuracy than a single classifier provided there is diversity in the ensemble. Furthermore, recent researches reveal that it may be better to ensemble some selected classifiers instead of all of the classifiers at hand. For the effective detection of ICA, we adopt ensemble size reduction technique that prunes the ensemble of all classifiers using accuracy and diversity measures. The diversity in ensemble manifests itself as disagreement or ambiguity among members. Data imbalance intrinsic to FDM affects our approach for ICA detection in two ways. First, we suggest the training procedure with over-sampling methods to obtain diverse training data sets. Second, we use some variants of accuracy and diversity measures that focus on fraud class. We also dynamically calculate the diversity measure-Forward Addition and Backward Elimination. In our experiments, Neural Networks, Decision Trees and Logit Regressions are the base models as the ensemble members and the performance of homogeneous ensembles are compared with that of heterogeneous ensembles. The experimental results show that the reduced size ensemble is as accurate on average over the data-sets tested as the non-pruned version, which provides benefits in terms of its application efficiency and reduced complexity of the ensemble.

Satisfaction Factors and Determinants of Visitors in Byeonsanbando National Park, Korea (변산반도국립공원의 탐방객 만족요인 및 예측모형 분석)

  • Kim, Dong-Pil;Baek, Jae-Bong
    • Korean Journal of Environment and Ecology
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    • v.23 no.2
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    • pp.169-176
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    • 2009
  • The purpose of this study was to provide basic data for developing the practical park management. For this, satisfaction degree, satisfaction factors and estimated model by satisfaction variables of visitors analyzed through a questionnaire survey in Byeonsanbando National Park, Korea. In the evaluation of the satisfaction, variables of 'careless cooking'. 'collection of natural plants & animals', 'Noise and urination on the road' and 'Littering problem' at Naesosa and 'crowding', 'touting', 'Indiscreet use' and 'Illegal merchant' at Gyeokpo was most unsatisfied than any other variables. Satisfaction factors by Factor Analysis were loaded with 'user management' at Naesosa(65.1%) and 'business behavior management at Gyeokpo(68.4%) by the highest contribution degree. In estimated model of satisfaction by Multiple Regression Analysis showed in order of 'Injury of landscape resource', 'Lack of information facility', 'crowding' and 'Lack of employee's guidance or kindness' at Naesosa and 'Injury of landscape resource', 'Lack of information facility', 'Illegal merchant', Lack of facility to stay' and 'Lack of employee's guidance or kindness' at Gyeokpo. So, Mountain and marine National Parks needed different management policy and are required to institutional apparatus for user education.

A Study on 2010 Beijing Convention for Antiterrorism of International Aviation - Compared Beijing Convention(2010) with Montreal Protocol - (국제항공테러방지 북경협약(2010)에 관한 연구 - 몬트리올협약과의 비교를 중심으로 -)

  • Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.2
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    • pp.79-112
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    • 2010
  • The Beijing Convention of 2010 taken together effectively establishes a new broader and stronger civil aviation security framework. This adoption would significantly advance cooperation in prevent of the full range of unlawful acting relation to civil aviation and the prosecution and punishment of offenders. First, the Beijing Convention of 2010 will require parties to criminalize a number of new and emerging threats to the safety of civil aviation, including using aircraft as a weapon and organizing, directing and financing acts of terrorism. These new treaties reflect the international community's shared effort to prevent acts of terrorism against civil aviation and to prosecute and punish those who would commit them. Second, this convention will also require States to criminalize the transport of biological, chemical, nuclear weapons and related material. These provisions reflect the nexus between non-proliferation and terrorism and ensure that the international community will act to combat both. Third, this Convention shall not apply to aircraft used in military, customs or police services. As a substitute, International Humanitarian Law will be applied in a case. Moreover, the National Jurisdiction and the application of the law will be extended farther. The treaty promotes cooperation between States while emphasizing the human rights and fair treatment of terrorist suspects.

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A Study of the Legal Principles of the Obligation to Compensate for Damage by Unfair Labeling and Advertising Focusing on the Qualitative Analyses of Supreme Court Precedents (부당한 표시·광고의 손해 배상 책임의 법리에 관한 연구: 대법원 판례에 대한 질적 내용 분석)

  • Cho, Jae-Yung
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.3
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    • pp.180-185
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    • 2018
  • The literature of unfair labeling and advertising(ULA) was reviewed, along with the requirement for establishing an obligation to compensate for damage(OCD) by it based on the Act on Fair Labeling and Advertising(FLAA). ULA covers cases of possible deception or misleading consumers and thereby undermining fair trade order, or making other business entities do so. FLAA regulates OCD by ULA, but the Civil Act should also be considered for its effective results since the Act regards ULA as unlawful and duty bound to make compensation for damages arising therein. In this context, the study analyzed qualitatively 17 supreme court precedents related to OCD by ULA among a total of 119 by advertising to find the characteristics of the judgemental principles. It is found that most principles came from FLAA and the Act focusing on the meaning of false or exaggerated advertising, which is one of the following five ULA types according to its standards of judgment: its requirement for fraudulent acts, the meaning of damage by it, the perspective of calculation of damages, the requirement of OCD, and the characteristics of claim for damages. A more effective policy is suggested based on FLAA and related research should be continually carried on.

Constitutional Protection for the Secrecy of Wire Communication and Freedom of News Reporting on Public Affairs (공적 인물의 통신비밀보호와 공적 관심사에 대한 언론보도의 자유: '안기부 X파일' 사건에 대한 서울고법 2006노1725판결을 중심으로)

  • Lee, Seung-Sun
    • Korean journal of communication and information
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    • v.38
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    • pp.211-244
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    • 2007
  • Article 17 and 18 of the Korean Constitution respectively prescribe the violation of individual's right to privacy and the secrecy of wire communication. Meanwhile, Article 20 of the Criminal Code provides that an act which is conducted within the ambit of laws or pursuant to accepted business practices or which does not violate the social norms shall not be punishable. In 1999, the Constitutional Court held that media reports on public matters of public figures must be given strong constitutional protection, and treated differently from reports on private matters of private figures. In accordance with the decision, the Supreme Court has expanded the scope of constitutional guarantee of freedom of expression since 2002. This study analyzes the issue of media liability for publication of illegally intercepted wire communication by a third person. Particularly, it reviews Seoul High Court's ruling on 'X-file scandal' which disclosed intercepted wire communications between notable public figures regarding a slush fund for a presidential candidate. In the light of this analysis, the study concludes that the media reporting of the intercepted communication does not violate social norms of Article 20, and therefore it is entitled to a constitutional privilege.

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Methodology of Log Analysis for Intrusion Prevention based on LINUX (리눅스 기반 침입 방지를 위한 로그 분석 방법 연구)

  • Lim, Sung-Hwa;Lee, Do Hyeon;Kim, Jeom Goo
    • Convergence Security Journal
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    • v.15 no.2
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    • pp.33-41
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    • 2015
  • A safe Linux system for security enhancement should have an audit ability that prohibits an illegal access and alternation of data as well as trace ability of illegal activities. In addition, construction of the log management and monitoring system is a necessity to clearly categorize the responsibility of the system manager or administrator and the users' activities. In this paper, the Linux system's Security Log is analyzed to utilize it on prohibition and detection of an illegal protrusion converting the analyzed security log into a database. The proposed analysis allows a safe management of the security log. This system will contribute to the enhancement of the system reliability by allowing quick response to the system malfunctions.

사이버범죄의 암호화된 증거 수집에 관한 연구

  • 김소정;임종인;오일석
    • Review of KIISC
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    • v.13 no.5
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    • pp.113-122
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    • 2003
  • 현대는 인터넷과 컴퓨터 없이는 잠시도 운용될 수 없는 사회이지만 이를 불법적으로 이용한 범죄행위도 점차 증가하고 있다. 이들 컴퓨터 범죄는 익명성에 기반한 대담성을 보이고 있으며, 개인의 사회적 존재로써의 자각에 있어서도 탈개인화됨에 따라 더 많은 우려를 낳고 있다. 이에 따라 일반 컴퓨터 사용자들의 프라이버시 보호를 위한 방법으로 암호화 방법을 점점 더 많이 사용하고 있는데, 이에 비례해 범죄자들의 암호사용도 증가하고 있다. 그렇다면, 범죄자들이 암호를 사용해 자신들의 범죄증거를 숨기고 있는 경우, 이를 수사하기 위해 공권력 및 수사기관은 어떻게 해야 될 것인가\ulcorner 본 논문은 이러한 문제제기를 통해 새로운 환경에 의해 변화된 코드를 활용하는 새로운 법제도를 통한 적극적인 대비방안을 모색해 보고자 한다. KLS와 같은 신기술을 수사기관 및 법집행기관이 신중하게 사용하여 국가의 법 집행력과 프라이버시권이라는 두 가지 근본 가치의 균형을 이룰 수 있는 방안을 고려하여야 할 것이다. PRIVACY와 SECURITY라는 동전의 양면은 현실생활의 법제도를 그대로 옮겨놓는 것만으로는 한계가 있다. 현재 암호와 관련한 보든 논의는 공론화 되지 못하고있다. 좀 더 공개적으로 암호를 사용한 범죄 행위에 대한 현황과 또 이를 대처한 수사기관의 수사 활동에 대해 논의하고, 그 과정에서 어떤 문제점들이 발생되고 있으며, 이들 문제를 해결하기 위해 필요한 조치들이 무엇인지에 대해 논의하고, 해외 각 국은 이 문제를 해결하기 위해 어떠한 노력들을 기울이고 있는지 살펴본후 종합적인 안목으로 시의 적절한 대책을 세우는 시발점이 되었으면 한다.