• 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.

• Korean journal of applied entomology
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• v.61 no.1
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• pp.239-248
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• 2022

Forensic entomology is a study that purposes at field reconstruction through insects attracted to carcasses, and has been mainly studied using carcasses such as a pig and chicken. Therefore, this study was conducted to find out if there is a singularity by using the carcass of water deer with different conditions and shapes of the hair quality and to find out the appearance of a necrophagous insect. The water deer carcass was received from the Jeollanam-do Wildlife Rescue Management Center and research was conducted. From May 19 2021 to July 2 2021, the decay progress of the carcass was observed for about 6 weeks. A total of 51 species of 21 families in 4 orders of insects were collected. Even after the carcass completely decays, even at the stage where the activity of other insects is not observed, insects such as Dermestidae and Tenebrionidae are collected from the hairs and leather of water deer carcass until the last. It was confirmed that insects of the order Coleoptera other than Diptera can be used as forensic entomological data related to the decay of carcasses with fur.

• Korean Journal of Forensic Psychology
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• v.12 no.1
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• pp.1-13
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• 2021

This study analyzed the use of expert reports in the investigations and trials of cases of sexual violence against people with intellectual disabilities. A total of 670 alleged sexual assault cases against victims with intellectual disabilities were analyzed. Results showed that 97.5% of the cases included at least one expert report. In most cases(91%), the expert reports of statement validity assessment were included. Additionally, doctor's note (41.1%) from obstetricians and Psychiatrists, intermediary reports(36%), and expert witnesses(psychologists') reports (9.5%) were included. In 80 cases (44.4%) of the 180 cases in which a victim' statement credibility was in question during the trial, judges cited the expert's reports of statement validity assessment as the basis for the judgment on the reliability of the victims' accusation. The frequency of citing the report was higher when the victim was under the age of 13, or when the defendant was found guilty. Regrading the report content, the evaluations of criteria-based content analysis(CBCA) was most frequently cited, while the victim's psychological status, cognitive limitation, as well as possibile contamination of victim's account, were also mentioned in the ruling statements. Results showed agreement between experts' statement validity assessments and judges' determinations in 79 cases out of the 80 cases Finally, this study discussed ways to utilize expert options.

• Korean Journal of Forensic Psychology
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• v.12 no.2
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• pp.121-149
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• 2021

Statement Validity Analysis (SVA) is utilized in criminal investigations and the court to assess the credibility of given statements. During this procedure, the criteria for Criteria-Based Content Analysis (CBCA) are used to evaluate whether statements include the characteristics reflecting actual experiences about the event in question. Various studies had been conducted on the efficacy (classification rates) of CBCA criteria, yet the consistency of the findings was not investigated. In the current study, a meta-analysis was conducted with Korean CBCA studies reported from 2004 to 2020 (a total of fourteen studies). As a result, the total score of CBCA was found to successfully discriminate truth and fabrication. A significant positive (+) effect size was found with four criteria (3, 4, 10, and 12), all of which are classified as cognitive criteria. However, contrary to the underlying assumption for CBCA, criterion 18, classified as one of the motivational criteria, showed a significant negative (-) effect size. Meanwhile, moderator analyses were possible for eleven criteria (2~9, 12, 13, 15) and the results showed the significant effects of potential moderator variables such as the gender and status of the participants, study types and designs, number of raters, and publication status. The current results suggests that more careful attention is required to each criterion-especially the cognitive criteria-rather than the total CBCA score as well as the possible moderator effects in order to assess truthfulness of the statements. The implication, limitations, and suggestions for future studies were discussed.

• Korean Journal of Forensic Psychology
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• v.11 no.1
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• pp.89-115
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• 2020

Traditional deception detection methods had examined the difference of one's autonomic physiological responses through asking crime-related and crime-unrelated questions. There has been a continuing controversy regarding the accuracy and validity of the test, and thus, many researchers were motivated to explore and develop alternative efficient methods of detection in which one of them is known as P300-based Complex Trial Protocol (CTP). The P300-based CTP detects deception through comparing the P300 amplitudes between probe and irrelevant stimuli and is known as a counterstrategy of countermeasures. However, many previous studies have used countermeasures created from Rosenfeld et al.'s work (2008). The present study initially conducted a survey asking open-ended questions about the countermeasure use to acquire participant-oriented countermeasures for the main experiment. Then, the study aimed to evaluate whether the CTP can accurately detect deception even in the use of survey-based countermeasures. We firstly selected a set of participant-oriented countermeasures through survey questions. Then, a total of 50 participants were divided into three groups (innocent, guilty, and countermeasures) and performed the CTP. Those assigned to the countermeasures group covertly performed mental countermeasures during the CTP. The results of P300 amplitude analysis revealed that the guilty group's P300 amplitude of probe stimuli was significantly larger than that of irrelevant stimuli. Countermeasures group also had a significantly larger P300 amplitude for probe stimuli compared to irrelevant stimuli, even in the use of countermeasures. The results of bootstrapped amplitude difference (BAD) showed a detection accuracy rate of 81.25%, 82.35%, 82.35% for the innocent, guilty, and countermeasures groups, respectively. These findings demonstrate that the CTP can obtain a high detection rate in participant-oriented countermeasures and suggest the potential use of the CTP in the field.

• Korean Journal of Culture and Social Issue
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• v.11 no.2
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• pp.109-142
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• 2005

This study was conducted to suggest the research domains of Criminal Psychology, which is needed to improve the disciplinary identity of the Korean Criminal Psychology. Some major textbooks of Criminal Psychology, Forensic Psychology, Legal Psychology are written by korean and foreign psychologists. Major definitions and research domains of Criminal Psychology was compared and reviewed. For aggregating the criminal psychological researches were studied by korean psychologists, a total of 211 articles and papers, which was published by Korean Psychological Association, 5 Sub-psychological Associations, and Korean Law Psychological Association, were reviewed. Several the major research domains in Criminal Psychology was suggested as follows: General psychological theories, aggression·anger·morality, adolescent delinquency, mind and motivations of criminals, victims, investigation techniques, testimony, assessment·counseling·correction·rehabilitation of criminals, prediction and prevention of crime.

• Journal of forensic and investigative science
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• v.2 no.1
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• pp.5-22
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• 2007

From the numerous social problems generated by the unbalanced social development and the social trend of belittling life overall, we found the causes of suicide getting worse in its seriousness day by day. In reality, the problem has been approached in a collateral level in contrast with other social problems. There have been an active involvement in studying the definition, causes and ways of prevention of suicide theoretically until now. However, different from other social problems, it is almost impossible to treat or fix the problem of suicide. Only ways to treat or fix the problem is when the suicide has ended in failure. Thus, this study intends to examine the suicide rate among the total accidents during the year 2005, perform the analyses on the actual causes according to the relations such as the means of suicide, occupation, age group, educational background, etc. In order to present a solution to the issue of suicide becoming serious each day. Among the total accidents in 2005, the suicide rate came out to be approximately 52.4%. Among the result, 52.4%, male with 69% resulted higher than female with 31%, which appears to be related to the social functions. While men tends to take more active(80%) means of suicide like jumping off, poison, hanging, etc., women tends to take more passive(60%) means of suicide like sleeping pills, slitting wrist, etc. In terms of the cause, pessimism, illness, denial, mental disorder, etc resulted more than 75%, and there were many cases of suicide after exhibiting the signs of depression. Also there were higher suicide rate of the unemployed engaged in direct labor with educational background lower than college level related to the pessimism regarding the family living cost. We were able to determine the recent increase in the suicidal tendency of the educated people higher than the college level and the retired people with depression caused by the sudden change in social status. Overall there are several reasons for suicide, however, in most cases the signs of depression were exhibited until the final suicide, which tells us the serious psychological problem of suicide. Assuming that the current development of suicide will continue in future, the result of this study will guide the corresponding social policies, be utilized in preparing the insurance or management at the national level dealing with the real social problems that are not just a conflict of an individual, but could spread like a fad and become much bigger than the present by the continuous support at the environmental, social and political levels, and be utilized as the basic data to establish the research plan.

• Korean Security Journal
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• no.25
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• pp.27-61
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• 2010

This study looks at plans for the efficient functions of the current terror response system in Korea. The results are derived from by comparing and analyzing American, British, German, Japanese, and Korean terror response systems. It focuses especially on addressing some problems with Korea's terror response system and how to operate it effectively. The study will systematically compare and analyze each nation's terror countermeasure studying organizational, functional, and legal aspects as standards. This study shows that there is not an exclusive terror response center in Korea compared with other nations such as America, the United Kingdom, Germany, and Japan. Also it is difficult to expect effective and vigorous operations due to weak cooperation across the relevant organizations. The presidential directive of the state's anti-terrorism action guidelines is legally ineffective. This means that on legal grounds, it is difficult to take actions to prevent the terrorism. Therefore, keys to counteracting terrorism derived from this study are summarized below. In the first place, an integrated terror response system should be set up for expansion of information sharing which leads to emergence effect. In the second place, the superior legislative systems should be made for the cleardefinition and extent of what the terror is, rigid enforcement of investigation, immigration, and keeping an eye on the funds raised by terrorists and tracking down the terrorists, the plan for eco-terrorism. In the third place, to augment security of vital facilities and peoples' awareness of terrorism safety should be emphasized and a cooperative system between civil and government organizations need to be built. In the fourth place, system for crisis management must be provided in an effort to maximize management system of terrorism and unify a decentralized emergency countermeasures effectively.

• Korean Security Journal
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• no.13
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• pp.551-575
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• 2007

한국에서의 경찰제도는 국가경찰의 형태로 운영되어와 획일적이고 중앙집중식의 경찰활동에 대한 거부감이 전반적으로 있어왔다. 그러나 지역주민의 의사에 따른 자율규율에 의한 다원적 민주주의를 실현하고 국민의 기본권을 실질적으로 보장하기 위하여 지난 1995년 지방자치단체의 장과 지방의회 의원의 동시선거가 시행되어 온 이래 10여년이 흘렀다. 그러나 지방자치제도가 시행되기 이전부터 자치경찰제도에 대한 논의는 지속적으로 이루어져 왔다. 자치경찰제에 있어서 주요쟁점의 핵심사항은 자치경찰제를 도입하는 것의 득실관계라고 볼 것인데 이는 관점과 어느 측면에 중점을 둘 것인가에 따라 다르게 나타나게 된다. 지방자치의 존재 이유 중에는 주민 복지적 차원에서 주민의 안전보호가 중요한 부분을 차지하고 있다. 특히 자치경찰제는 수사권독립과 함께 지난 몇 대에 걸친 각 대통령의 선거공약이었기 때문에 노무현 정부 출범 이후 정부는 지방분권차원에서 정부혁신지방분권위원회에서 여러 가지 검토를 해 온 바 있다. 2004년 1월에 정부혁신지방분권위원회의 지방 분권과제 주요과제로 자치경찰제 방안을 검토하기 위해 위원, 관계 공무원 10명으로 자치경찰 T/F를 구성하여 운영한 이 후 자치경찰제 도입방안에 대하여 경찰정과 실시 단위 및 수행 사무 등 주요 쟁점에 대해 협의하면서 실천 가능한 방안을 마련하기 위해서 스페인, 프랑스, 이태리, 그리스 자치경찰기관을 현지 방문하여 외국 자치경찰 제도를 조사한 후 2004년 9월 중순에 자치경찰(안)을 발표하였다. 이 안은 크게 경찰을 사법경찰과 행정경찰로 구분하는 개념 하에 최초로 나온 자치경찰제에 대한 구체적 시행 안이라는 점에서 그 의의를 찾을 수 있을 것이나 지금까지의 기대수준에 과연 부응하는 안이 될 수 있을 것인가에 대한 의문이 제기되고 있다. 동 사안은 2005년 하반기에 시범적으로 시행하고 민선 4기 자치단체장이 출범하는 2006년 하반기에 본격적으로 시행될 것으로 발표하고 발표와 동시에 정부혁신지방분권위원회에서는 본 자치경찰제 기본방향과 법안제정의 원칙과 구체적인 내용에 대한 토론회를 개최하는 등 다양한 홍보를 하였으나 여러 가지 문제점으로 인하여 아직 시행되지 못하고 있다. 따라서 과연 이 안이 한국에서의 자치경찰제 시행에 효과적인 안인가 그렇지 않으면 대선공약을 지키기 위한 일종의 정치적 고려를 한 졸속적인 안이 아닌가에 대한 논란이 제기되고 있다. 지금까지 한국에서는 자치경찰에 대한 많은 토의가 있어 왔으나 이번에 제하고 있고 현재 지방자치단체에서 시행하고 있는 기존 법집행방식과 거의 차이가 없는 상태시된 안은 적어도 지금까지 논의되어왔던 제도와는 매우 생소한 자치경찰 제도를 근간으로 에서 ‘무늬만 자치경찰’ 이라는 비판이 일각에서 제기되고 있는 실정이다. 현재 자치단체에서 시행하고 있는 행정 경찰적 기능을 다소 보완하고 제복착용과 조직을 하나 더 만든 정도가 아닌가 하는 정도이다. 그러므로 본 연구에서는 정부혁신지방분권위원회에서 제시한 자치경찰제도(안)을 중심으로 자치경찰제도 운용의 목적 충족과 실질적인 효과의 측면에서 분석하고 바람직한 자치경찰제도의 운용에 대해 살펴본다.

• Journal of the Korean Society for information Management
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• v.36 no.4
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• pp.253-277
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• 2019

In the era of the 4th Industrial Revolution, the importance of data is intensifying, but there are many cases where it is not easy to use data due to personal information protection. Although criminal justice information is expected to have various useful values such as crime prediction and prevention, scientific investigation of criminal investigations, and rationalization of sentencing, the use of criminal justice information is currently limited as a matter of legal interpretation related to privacy protection and criminal justice information. This study proposed to convert criminal justice information into 'crime data' and use it as big data through the structuralization and categorization of criminal justice information. And when using "crime data," legal issues, value in use, considerations for data generation and use were verified by experts, and future strategic development plans were identified. Finally we found that 'crime data' seems to have solved the privacy problem, but it is necessary to specify in the criminal justice information related law and it is urgent to be organized in a standardized form for analysis to use big data. Future directions are to derive data elements, construct a dictionary thesaurus, define and classify personal sensitive information for data grading, and develop algorithms for shaping unstructured data.