• Proceedings of the Korea Information Processing Society Conference
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• 2004.05a
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• pp.1149-1152
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• 2004

컴퓨터가 현대 생활의 필수 도구로 자리잡으면서 컴퓨터를 매개로 이루어지는 범죄행위에 대하여 법적인 처벌 문제가 중요하게 대두되고 있다. 컴퓨터범죄를 형사적으로 처벌하기 위하여는 디지털증거의 증거능력과 증명력이 인정되어야만 한다. 하지만 디지털증거는 그 특성상 조작, 손상, 멸실의 우려가 높다. 디지털증거가 형사소송법상 유효한 증거로서의 증거능력을 인정 받기 위하여는 데이터의 변형 없이 수집하고 때로는 손상된 디지털 증거를 복구하여 원본과 동일하게 복사하여 정확히 분석한 후 제출되어야 한다. 이와 관련된 학문 전반을 컴퓨터포렌식이라고 하는데 국내법 혹은 국제법적으로 유효한 절차 및 수단에 따라 관련 증거들을 수집하여 함은 물론이고 과학적인 논거들로 입증하는 것이 또한 매우 중요하다. 현재 국내법상 디지털증거에 관한 입법이 없으므로 일반적인 증거증력에 관한 규정과 일부 판례를 차용하여 증거능력과 증명력을 갖춘 컴퓨터포렌식 절차를 제안 한다.

• Korean Journal of Culture and Social Issue
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• v.21 no.3
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• pp.497-510
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• 2015

The jury instruction consists of a set of legal rules and provides a guide for jurors to interpret evidence and the legal standard of a proof beyond reasonable doubt. Jury instructions are usually given after the closing arguments (at the end of the trial). But some research has shown that jury instruction provided before the evidence may have an impact on verdict. The present study was to determine the cognitive process caused by early instruction: (1) Early instruction may influence the verdict by upwardly adjusting the threshold for the decision to convict; (2) early instruction may influence the verdict through evaluations of the probative values of evidence; (3) Or both. 187 people older than 20 years of age participated in the on-line survey. With a trial scenario, one independent variable, Instruction Procedure, was manipulated in three levels: before-and-after the evidence procedure, after-only evidence procedure, and no-instruction procedure. The instruction procedure conditions did not show any difference in the evaluation of the probative values of evidence. On the other hand, before-and-after condition showed the lowest rate of guilty verdict and the highest probability of guilt for the defendant in the scenario. This latter result clearly suggested that the instruction procedure affects the decision threshold. Specifically, instruction provided twice, once before and again after the evidence, may upwardly shift the threshold for the decision to convict.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2010.04a
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• pp.422-427
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• 2010

The judgement of 'Koreon Maritime Safety Tribunal'(KMST) influences criminal/civil trials, and thus the judgement must be decided very carefully. The Judge must bear in mind the Principle of Free Evaluation of Evidence is restricted by the admissibility of evidence, in dubio proreo and others. Also, empirical role must be used very carefully with strict proof. Therefore the reasons of the proof shall be expressed on the adjudication.

• Journal of the Korea Convergence Society
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• v.6 no.5
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• pp.207-217
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• 2015

A Study on Problem of Impeachment Evidence in Criminal Proceedings for Employ by the Convergence Meaning of impeachment evidence in criminal proceedings is liking the spread of the branches moment. The first, there is to set limits of impeachment evidence. The amicable solution is to accept moving flexibly. In a concrete way must to make away with a constituent element unlawfulness. The second, problem a return to probative force exist. This problem agree in principle to resolve an issue for the testimony of an eyewitness. The third, how to admit that institution of criminal investigation after the testimony of an eyewitness exist. This attendant conditions are to eliminate illegality for the authenticity in he testimony of an eyewitness and for the observe due process. Therefore, we must observe due process without illegality to solve the problem for the convergence.

• Convergence Security Journal
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• v.18 no.4
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• pp.35-43
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• 2018

Currently, digital evidence takes judicial discretion in adopting it, which does not clarify the criteria for adoption, and it can shorten the analysis time of digital evidence with distributed processing techniques. However, due to the development of cryptographic techniques, there is a problem in that it is not suitable for the 48 hour limit of the warrant request. In this paper, we analyze the precedents for admissibility of evidence and the probative power in the civil/criminal proceedings, and discuss the need for objective and detailed adoption criteria to replace judicial discretion. In addition, we'd like to propose a preliminary application form for analysis of digital evidence as a problem for limit time for warrant claims from the perspective of forensics and a solution to the problem.

• The Korean Society of Law and Medicine
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• v.18 no.2
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• pp.47-73
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• 2017

Medical certificate is a document to demonstrate a patient's health status, made up and signed by a physician, dentist, or oriental physician who attended the patient. It serves as an evidence in many official process including civil or criminal law suit, especially for one's personal injury. The Korean legal system also acknowledges and protects the evidentiary function of medical certificate by mandating physicians etc. to issue medical certificate in good faith and only when they personally attended the patient, and by criminally punishing them when they do not comply with these legal requirements. There are some reasons, however, that medical certificates often do not reflect the true health status of the patient: When physicians attend the patient and collect information regarding the health status of the patient, their priority is and should be the most cost-effective way to meet the health needs of the patient. It does not necessarily correspond to the accurate examination of the health status of the patient. Even when the patient's report on the history of the illness or the injury seems suspicious, physicians might have to avoid disproving it because that kind of attitude might harm the rapport between the physician and the patient. All these can distort the perception of the physicians and this distortion can be reproduced in the medical certificate they made up. Some of these problems might be resolved or at least enhanced by introducing new form of medical certificate which would guide physicians to reveal the nature, factual and theoretical grounds, and the limit of their findings more accurately. Others, however, would not be able to address, because it stems from the conflict between the physician's primary duty, duty to be loyal to the patient's life and health, and his secondary duty to serve as a public or neutral witness on the health status of the patient, and when both values or duties conflict with each other, they should choose the duty to the patient sacrificing the duty to the public or the court.

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

• Journal of the korean veterinary medical association
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• v.34 no.8
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• pp.547-550
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• 1998

수의사들은 수캐와 고양이를 구입하기전 수캐의 번식력에 대한 검사를 요청 받을 때가 가끔 있다. 미국의 경우 Kennel club 지침에서는 7개월 보다 어린 개 또는 12세 이상된 개를 종견으로 등록할때는 번식력에 대한 소견서 혹은 증명서를 제출하여야만 한다고 되어있다. 번식력 검사에는 수캐의 완전한 병력을 수집해야하며 병력으로 과거 상처, 질병, 예방접종, 투약상태, 고환이 음낭으로 하강한 상태, 년령, 음낭부종 또는 외상의 발생상태 등이 포함되어야한다. 또한 애완동물의 가계에 대한 번식력에 대해서도 찾아보도록 노력해야 한다. 환축을 검사하기전 병력을 축주에 문의하는 것도 하나의 좋은 방법이다. 건강한 수컷이 암캐와 교미를 하지 못할 경우에는 번식관리의 검사에 세심한 주의를 기우려야 한다. 또한 산자의 최종출생일, 산자수, 교미회수, 번식시킨 암컷의 수, 교미형태, 수컷의 성욕 및 승가행위 등에 과한 것들을 조사해야 할 것이다. 이러한 병력으로 수컷은 항상 불임성을 최초에 불임성을 보였는지 또는 저임성을 보였는지를 알수있게 된다. 새끼를 낳아보지 못한 개와 고양이는 선천적으로 불임이 되고 이러한 수컷도 예후는 불량하다. 개와 고양이가 과거에 새끼를 임신한 경험이 없다면 생식기의 전염성 또는 염증과 관련이 있을 수도 있다. 축주는 개 인공수정을 하기 위하여 정액을 채취할 때 물, 소독약 및 윤활제 등으로 인하여 정자의 사멸을 의식하지 못하고 있기 때문에 채취방법을 상세하게 설명하여 주어야 한다. 또한 암컷의 번식문제에 대해서도 상세하게 검사하여야 하며 개와 고양이가 불임되는 가장 흔한 이유는 번식관리에 문제점이 있으며, 이와 같은 경우에는 암컷을 검사하기 전에 수컷을 검사하는 것이 중요하다. 수컷의 검사는 사진으로도 용이하므로 비용도 절감되나 암컷은 생식기관을 검사하여야 되기 때문에 많은 경비가 든다. 그러나 번식력의 유일한 증거는 태아를 생산하는 것이며 많은 다른 검사 방법으로 평가 할 수도 있으나 번식력을 증명할 수는 없다.

• The Korean Journal of Archival Studies
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• no.77
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• pp.109-150
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• 2023

Prior researchers interpreted the records of criminal cases involving the Progressive Party from a historical perspective. In marked contrast to existing trends, this study examines the Progressive Party case records through the lens of archival science. This study dissects the Progressive Party case records as a single and complete record group and at each stage of their life cycle from police investigation through criminal prosecution to trial. This approach enables a holistic analysis of archival characteristics of the records. This study begins with an appraisal of the nature and types of case records generated and maintained by the various agencies in light of the investigatory authorities delegated to each institution. This study then dissects the police, prosecution, and Counter Intelligence Corps records leading up to the indictment of Progressive Party members as well as the court records of the trial that followed. In particular, this study reveals the insufficiency and illegality of the evidence against the defendants in the Progressive Party case from an archival standpoint. Setting aside the admissibility or strength of the evidence under criminal law, the present study demonstrates that the records lack reliability, authenticity, and integrity-the fundamental attributes required for evidentiary efficacy of records from an archival standpoint.

• Journal of the Institute of Electronics Engineers of Korea CI
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• v.49 no.4
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• pp.31-41
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• 2012

The law enforcement agencies in the worldwide are confiscating or retaining computer systems involved in a crime/civil case, if there are any, at the preliminary investigation stage, even though the case does not involve a cyber-crime. They are collecting digital evidences from the suspects's systems and using them in the essential investigation procedure. It requires much time, though, to collect, duplicate and analyze disk images in general crime cases, especially in cases in which rapid response must be taken such as kidnapping and murder cases. The enterprise forensics, moreover, it is impossible to acquire and duplicate hard disk drives in mass storage server, database server and cloud environments. Therefore, it is efficient and effective to selectively collect only traces of the behavior of the user activities on operating systems or particular files in focus of triage investigation. On the other hand, if we acquire essential digital evidences from target computer, it is not forensically sound to collect just files. We need to use standard digital evidence container from various sources to prove integrity and probative of evidence. In this article, we describe a new digital evidence container, we called Xebeg, which is easily able to preserve collected digital evidences selectively for using general technology such as XML and PKZIP compression technology, which is satisfied with generality, integrity, unification, scalability and security.