• Studies on Life and Culture
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• v.54
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• pp.31-50
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• 2019

Internet gambling is to place, receive or otherwise knowingly transmit a bet or wager by any means which involves the use of the Internet. Internet gambling is a victimless crime wherein its characteristic feature is that the persons affected are those who take part in the act of their own free will and are responsible for the suffering which is self-inflicted. This article reviews the laws of Korea, United States and United Kingdom regarding internet gambling. Further, this article tries to perform criminalization analysis based upon the constitutional principle of "human dignity" in order to find out whether the alternative regulations rather than criminal law are better equipped to regulate internet gambling. Based upon the comparative law review and the criminal analysis, non-criminal regulation is recommended for internet gambling activities.

• Proceedings of the Korea Contents Association Conference
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• 2007.11a
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• pp.298-304
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• 2007

The purpose of this study was to exam the casual relationship between Internet addiction and cyber crime's recognition of university student. This study summarize three results. First, male student Internet addiction was higher than female student. Second, it was analyzed that internet addiction group recognizes cyber crime averagely higher than general use group. It is understood that according as internet practical use time increases, they recognize much danger that exposed cyber crimie. Third, cyber criminal recognition by internet addiction did multiplex regression analysis. As a result, Internet addiction was analyzed that cyber crime recognition increases according as increasing of addiction level that connected with usually life difficulty and deviation behavior.

• Journal of Digital Convergence
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• v.11 no.9
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• pp.13-20
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• 2013

It was just over 20 years ago that the victim who had been seen as the forgotten man in criminal justice system for a long time started to participate in criminal proceedings and state his opinion. Other countries such as America and Japan provide crime victims with the opportunity to state freely about facts of damage as well as their opinions in criminal proceedings at present. However, Korea gives the victim the right of statement as a witness, though the statement of crime victim's opinion is the constitutional right. That is, as crime victims are not free from perjury they cannot actively state their views. Meanwhile, if the freedom of crime victims' statement is guaranteed in law and victims can state opinions with their own voice, victims' statement of opinion will help the victims treat and relieve their psychological damages. For these reasons, it is desirable that Korea, like the U.S. and Japan, gives crime victims the right to state their opinion without fear of perjury in criminal proceedings not as witnesses but as the aggrieved party.

• Journal of forensic and investigative science
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• v.2 no.2
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• pp.5-20
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• 2007

During the period from 2001 to 2005, 29,892 burglaries took place in Korea with the approximate average annual number - 5,978 cases. This study was conducted to analyze the reported burglaries and the result was summarized as follows. There were 8,605 residential invasion burglaries (28.8%) as the most frequent characteristic pattern. The exit was used as the most frequent invasion route for 4,031 invasion burglaries (64.3%), and an unlocked exit door or window was used as the most frequent invasion method for 2,462 invasion burglaries (28.6%). The hours just after midnight (between 00:00 and 04:00) were the most frequent time for invasion burglary to occur. Also, 5,652 burglaries occurred on Wednesday which was twice higher than on Sunday (2,988 burglaries). It was shown that the number of persons injured during burglaries were 260 deaths and 10,610 injuries. The places of the highest occurrence were the street with 10,183 burglaries (34%) and then residential place with 7,527 burglaries (approximately 25%). One-man burglary was the highest complicity: 15,012 offenders (56.1%). The knife was used as the most frequent instrument for 6,498 burglaries (24,3%) what is rare, while no criminal tool or instrument was used for 15,631 burglaries (58.4). During the period from 2001 to 2006, 1,506 burglaries occurred in Daegu and the average annual number was 251 burglaries. Among those,515 residential invasion burglaries (34.2%) took place and the average annual number was approximately 86 cases. The hours just after midnight (between 00:00 and 04:00) were the most frequent time for invasion burglary to occur (194 cases, 37.7%), the place of the highest invasion occurrence was the residential place (259 cases, 50.3%), and the exit was used as the most frequent invasion route (87 cases, 37.7%). An unlocked exit door or window was the most frequent invasion method (65 cases, 25.1%). In addition, pretending to be a delivery man, visitor or following the victim methods were used for 26 burglaries (10%). It is apparent that personal preventive measures against crimes, as well as governmental and social measures, play an important role in preventing burglaries. In particular, based on the analyzed result that an unlocked window or exit door was most frequently used for reported burglaries, it seems that there is a lack of understanding of crime prevention while little effort has been made to prevent crimes. Although everyone knows that locking a door is one of the basic measures to prevent crimes, many people tend to pay little attention to lock a door properly so burglary takes place. This study, therefore, is intended to encourage people to pay more careful attention to crime prevention, in order to help reduce the probability of burglary. With the recent improvement in social understanding of scientific crime investigation, a wide variety of police professions, including crime analysts, crime victim police counselors and coroners, have been prepared to develop the scientific crime investigation and crime analysis. In addition, it is hoped that further this study will contribute to encourage studies on crime prevention to be carried out in the future.

• Proceedings of the Korea Contents Association Conference
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• 2013.05a
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• pp.189-190
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• 2013

최근 몇 년 사이 학교폭력의 피해학생들의 자살하는 사건들이 발생하였는데 이러한 자살사건들로 인하여 학교폭력에 대한 우리사회의 관심이 그 어느 때 보다 높다고 할 수 있다. 작년 한 해에는 대구에서 학교폭력 피해가 의심되는 이유로 투신자살한 이후 대전, 광주 등에서 자살하는 사건이 연속적으로 발생하였다. 학교폭력의 피해자들은 가해자들로부터의 벗어나고 싶은 심정으로 극단적인 선택을 하게 되는 것이다. 이러한 청소년 비행이나 청소년 범죄에 관련된 문제 중에서 학교폭력이 가장 큰 비중을 차지하고 수많은 연구에서 다루어지고 있으나 학교폭력에 대한 문제해결의 기미는 보이지 않고 있다. 이에 경찰청에서는 학교폭력 근절을 위한 특별 TF팀을 구성하여 "위해의 사전 예방 제거"에 중점을 둔 근절대책을 추진할 것을 논의하였다. 하지만 한정된 경찰인력만으로는 학교폭력 문제에만 집중할 수 없는 것이 현실정이다. 본 연구는 학교폭력에 대한 이론적 배경을 검토하고, 학교폭력의 현상과 예방프로그램, 학교폭력에 대한 가해 및 피해학생의 선도프로그램의 운영 방안에 대해 살펴보고, 그에 따른 경찰의 역할에 논하고자 한다.

• The Korean Society of Law and Medicine
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• v.23 no.4
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• pp.103-131
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• 2022

2021, the Supreme Court recognized the foundation of the quasi-indecent act by force by the concept of 'alcohol blackout' although there were multiple situations that it was hard to judge insanity of the victims was evident in the cases with drunken victims. This means the consideration of insanity state due to temporary false memory rather than the total loss of mental capacity from the existing concept of insanity. However, the interpretation of insanity in the criminal law has to be strict and its application could be difficult. In particular, the comparison precedent which is very similar to the subject one was determined not to be the same with the state of the insanity or inability to resist during the sexual relation though the victim had the symptoms of alcohol blackout, denying the quasi-indecent act by force. This argument is determined to be logical remarkably, and insanity and quasi-indecent act by force should be discussed considering the medical review on the alcohol blackout of the victims sufficiently when determining the individual precedents. In addition, the most important point in the sexual crimes is the consent, and there may be possibility of negligence in case that uncertain consent is determined as the consent to continue the following act. Also, in case of uncertain consent or suspicious, universal determination not to follow the act should be able to realized. Therefore, strong evidence is required for criminality, determining that the victim is the state not to be able to do the normal judgment and the minimum willful negligence is existed that the accused uses this. In the subject ruling, the act of the accused has to be clearly punished, however, it is determined to be unreasonable for the punishment with the quasi-indecent act by force under the interpretation of the current regulations.

• Korean Security Journal
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• no.62
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• pp.185-203
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• 2020

While overall crime has been on the decline since 2009, voice phishing has rather been on the rise. The government and academia have presented various measures and conducted research to eradicate it, but it is not enough to catch up with evolving voice phishing. In the study, researchers focused on catching criminals and preventing damage from voice phishing, which is difficult to recover from. In particular, a voice phishing prediction method using the Fraud Detection System (FDS), which is being used to detect financial fraud, was studied based on the fact that the victim engaged in financial transaction activities (such as account transfers). As a result, it was conceptually derived to combine big data such as call details, messenger details, abnormal accounts, voice phishing type and 112 report related to voice phishing in machine learning-based Fraud Detection System(FDS). In this study, the research focused mainly on government measures and literature research on the use of big data. However, limitations in data collection and security concerns in FDS have not provided a specific model. However, it is meaningful that the concept of voice phishing responses that converge FDS with the types of data needed for machine learning was presented for the first time in the absence of prior research. Based on this research, it is hoped that 'Voice Phishing Damage Prediction System' will be developed to prevent damage from voice phishing.

• Journal of Venture Innovation
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• v.4 no.3
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• pp.141-150
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• 2021

Although management decisions centered on the board of directors and directors must be made in order to effectively promote ESG management, the company's management is not obligated to make decisions considering ESG factors. A Korean corporation(company) is an established organization for commercial or other profit, and the purpose of treating a legal organization as a corporation is to easily handle the legal relationship of a group (corporate's property) and individual property of a group member, but legal person such as rights to "harm public rights" or "defend fraud". Criminal liability for illegal acts of a corporation, but the liability of a corporation (natural person) for illegal acts of a corporation is recognized within a limited range, but the criminal liability of a corporation (natural person) is limited. As the social responsibility of a corporation is great, limiting the responsibility of a corporation-related person (natural person) to civil responsibility will halve its effectiveness if considering the impact on the corporation's national economy. Objective requirements such as the completeness of control, hybridization of property, infringement of creditors' rights, and small-capitalization, and the subjective intention of abusing the company system to avoid legal application to controlling shareholders should be denied. Despite the increasing influence on corporate society, such as large-scale projects and astronomical business profits, corporate officials (natural persons) are forced to be held liable for negligence and intentional liability within a limited range. In such cases, it is necessary to introduce criminal responsibility separately from civil responsibility to legal persons (natural persons) in consideration of the maturity of capitalism in Korean society and the economic status of the world. In Korea, the requirements for recognition of corporate denial are strict, but the United States says that it is sufficient to have control or fraud. Therefore, it is not about civil responsibility, but about criminal responsibility of a legal person (natural person), so if fraud is recognized, it can strengthen the corporate social responsibility.

• Cross-Cultural Studies
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• v.52
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• pp.79-110
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• 2018

This purpose of this study was to address the issue of forgiving unforgivable crimes, inevitably raised in Paul Ricoeur's thoughts. He explores the possibility of righteous historical representation of tragic events in Western history. Being aware of injustices of amnesty indiscriminately extended by the government, he studied the process through in which a genuine pardon should unfold before granting amnesty. He believes that this process called the "odyssey of forgiveness" presupposes the process of "imputability," in which the perpetrator should acknowledge his/her wrongdoing as his/her act and take reasonable responsibilities for it in a modest position. However, such acknowledgement of wrongdoing cannot be any reason for the victim to necessarily grant forgiveness to the perpetrator. According to him, forgiveness is a gift and the power of love enabled by a complete forgiver only. The initiative of forgiveness is attributable to the forgiver only. To never relinquish tension between love and justice in the forgiving process, he devises a way of planning an equation of forgiveness in a vertical scheme. Finally, he explains the process of requesting and granting forgiveness in a form of a righteous historical representation against the oblivion of past tragic events. He contends that this event of forgiveness promises a new life and a new era to all seeking and granting forgiveness, and that write a righteous history in eschatological hope.

• Korean Journal of Forensic Psychology
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• v.11 no.1
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• pp.1-20
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• 2020

Witnesses will be exposed to a variety of misinformation after the witnessing of the event and state at the scene of the investigation after the delay period. This study was conducted to promote correct recall reporting without being affected by factors that against correct recall. Self-Administered Interview(SAI) is known to obtain eyewitness accounts quickly and accurately. Therefore, we performed a SAI to see if it reported more information than the control group that did not perform the SAI. Also, it also performed that correct information was maintained without being affected by misinformation and delay. Eighty-eight participants were asked to perform SAI or game after showing a video of mock crime. Misinformation was presented in the first or second session to see if it affected recall. An analysis of responses from the final test conducted in the second session by participants showed that groups that conducted SAI after a four-week delay reported more correct information than control groups, while there was no difference between incorrect- and confabulation information. In particular, the timing of presenting misinformation did not affect the amount of recall. This suggests that conducting the SAI immediately after witnessing the event protects correct information even after four weeks. Finally, the significance and limitations of this study, and subsequent studies were discussed.