• Korean Security Journal
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• no.46
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• pp.113-140
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• 2016

Right to counsel means a defendant has a right to have the assistance of counsel (i.e., lawyers), and if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The right is often included in criminal law and constitutional law etc. First, any person who is arrested or detained shall have the right to prompt assistance of counsel. When a criminal defendant is unable to secure counsel by his own efforts, the State shall assign counsel for the defendant as prescribed by act in article 12(4) of the constitutional law. Second, the defense counsel or a person who desires to be a defense counsel may have an interview with the defendant or the suspect who is placed under physical restraint, deliver or receive any documents or things and have any doctor examine and treat the defendant or the suspect in article 34 of the criminal law. Nonetheless, problems about guarantee of the rights to counsel to the national security violators like spy terrorist and etc will be important for Koreans to consider. That is because national security violators's cases are qualitatively different from general criminal offense's cases and historically, lawyer obstruct a investigation in the process of examination of a suspect for national security violators. Therefore, this study suggest a way that a restriction the rights to counsel with an attorney in cases of the national security violators. To this end, in this paper, I touch on restriction of right to counsel during interrogation in the England and Germany etc in comparison to that of Korea and review Korea's Supreme Court decision and Constitution Court decision to understand the prospective and trends for Korean investigation procedure improvement.

• 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.

• The Journal of Bigdata
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• v.4 no.2
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• pp.23-34
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• 2019

Recently, the crime that utilizes the digital platform is continuously increasing. About 140,000 cases occurred in 2015 and about 150,000 cases occurred in 2016. Therefore, it is considered that there is a limit handling those online crimes by old-fashioned investigation techniques. Investigators' manual online search and cognitive investigation methods those are broadly used today are not enough to proactively cope with rapid changing civil crimes. In addition, the characteristics of the content that is posted to unspecified users of social media makes investigations more difficult. This study suggests the site-based collection and the Open API among the content web collection methods considering the characteristics of the online media where the infringement crimes occur. Since illegal content is published and deleted quickly, and new words and alterations are generated quickly and variously, it is difficult to recognize them quickly by dictionary-based morphological analysis registered manually. In order to solve this problem, we propose a tokenizing method in the existing dictionary-based morphological analysis through WPM (Word Piece Model), which is a data preprocessing method for quick recognizing and responding to illegal contents posting online infringement crimes. In the analysis of data, the optimal precision is verified through the Vote-based ensemble method by utilizing a classification learning model based on supervised learning for the investigation of illegal contents. This study utilizes a sorting algorithm model centering on illegal multilevel business cases to proactively recognize crimes invading the public economy, and presents an empirical study to effectively deal with social data collection and content investigation.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.29 no.1
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• pp.77-91
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• 2019

Recent Linux operating systems having been increasingly used, ranging from automotive consoles, CCTV, IoT devices, and mobile devices to various versions of the kernel. Because these devices can be used as strong evidence in criminal investigations, there is a risk of destroying evidence through file deletion. Ext filesystem forensics has been studied in depth because it can recovery deleted files without depending on the kind of device. However, studies have been carried out without consideration of characteristics of file system which may vary depending on the kernel. This problem can lead to serious situations, such as those that can impair investigative ability and cause doubt of evidence ability, when an actual investigation attempts to analyze a different version of the kernel. Because investigations can be performed on various distribution and kernel versions of Linux file systems at the actual investigation site, analysis of the metadata changes that occur when files are deleted by Linux distribution and kernel versions is required. Therefore, in this paper, we analyze the difference of metadata according to the Linux kernel as a solution to this and recovery deleted file. After that, the investigating agency needs to consider the metadata change caused by the difference of Linux kernel version when performing Ext filesystem forensics.

• Korean Journal of Plant Resources
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• v.35 no.2
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• pp.346-361
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• 2022

Food poisoning accidents caused by poisonous plants occur every year. As certain poisonous plants are mistaken for edible plants causing food poisoning, accurate species identification of poisonous plants is required. DNA barcodes suitable for species identification of poisonous plants and database that can be used for accurate species identification are necessary for their use in forensic cases. In this study, species identification of 19 poisonous plants native to Jeju Island using seven DNA barcodes (trnH-psbA, trnL-trnF, trnL intron, rbcL, matK, ITS1-ITS4, 18S rRNA) was performed to construct a database containing sequence information and DNA barcode universality. trnL-trnF barcode and ITS1-ITS4 barcode were the easiest markers for PCR amplification and sequence retrieval, and the combination of the two barcodes enabled single species identification in 18 out of 19 plants. Therefore, when an investigation of unknown poisonous plants is requested, combination of trnL-trnF and ITS1-ITS4 barcodes is considered as a primary marker for species identification. The database of recommended DNA barcodes for each poisonous plant presented in this study will be helpful in plants poisoning cases.

• Analytical Science and Technology
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• v.20 no.3
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• pp.219-226
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• 2007

Glass is frequently encountered as types of materials that are submitted to forensic science laboratories as a result of trace evidence transfers. The repeatability and the reproducibility of trace element analysis were presented. An analysis of variance (ANOVA) was performed on laser ablation inductively coupled plasma spectrometric analyses of the fragments to identify the source. Pairwise comparisons were completed for all samples. In a pairwise comparison, each sample was compared to each other for a possible [n(n-1)/2] (n : numbers of the samples) total comparison to associate/discriminate samples using Tukey's HSD method. The aim of this study was to determine the utility of LA-ICP-MS for multi-element analysis of forensic samples. The 12 glass fragments from two manufacturers were collected and analyzed to identify the source. An analysis of variance (ANOVA) was performed on 31 elements in NIST 612 Trace elements in Glass. Elements were classified into four categories defined by the combination of precision and variation of inter-samples. We selected 11 elements, 209Bi, 90Zr, 121Sb, 178Hf, 59Co, 238U, 208Pb, 140Ce, 118Sn, 49Ti and 137Ba. 6 pairs out of 66 possible pairs were not distinguished when compared by 137Ba (p<0.05). However, all samples were distinguished using both 49Ti and 137Ba (p<0.05). In conclusion, multi-elemental analysis with LA-ICP-MS is a potential tecnique for the discrimination of forensic samples.

• Journal of forensic and investigative science
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• v.1 no.2
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• pp.57-63
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• 2006

• Journal of forensic and investigative science
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• v.2 no.1
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• pp.81-83
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• 2007

• Journal of Korean Institute of Fire Investigation
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• v.11 no.1
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• pp.145-153
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• 2007

화재발생시 경찰, 소방 등 행정관서는 현장통제 초동조치, 응급구조 진화작업, 화재조사 및 수사, 화재증명 발급 및 통계작성, 피의자(원인 제공자) 입건 및 송치를 담당하고 있고, 검찰청은 수사보완 및 기소, 법원은 형사 및 민사재판을 진행하게 됨으로써 책임과 보상관계를 판가름하게 된다. 물론 이재관계자의 합의, 화재보험 등으로 피해보상을 받기도 하나 모든 것이 국민으로부터 나온 것이고, 국민을 볼모로 하여서는 않되므로 화재원인의 명쾌한 규명으로 유사사고의 재발방지를 위한 연구가 필요하다.

• Proceedings of the Korea Information Processing Society Conference
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• 2005.05a
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• pp.751-754
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• 2005

본 논문에서는 음악 수사법에 기초한 악곡의 주제선율 추출법을 제시한다. 이는 음향학적 신호처리 기술을 이용하는 기존의 수리적인 방법과는 구별된다. 본 방법을 이용한다면 주어진 곡에서 두 마디 정도의 주제선율을 추출해 낼 수 있어, 원하는 곡을 짧은 시간 안에 선별하거나 특정 곡의 전체적인 분위기를 미리 추측해 보는 것이 가능할 것이다.