• Title/Summary/Keyword: 피해자기록

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A Study on the allowed range of viewing and copying right of criminal victim's investigation records (범죄 피해자의 수사기록 열람·등사권의 허용 범위에 관한 연구)

  • NAM, SEON MO
    • The Journal of the Convergence on Culture Technology
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    • v.5 no.1
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    • pp.127-137
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    • 2019
  • In this study, I set the allowable range of viewing / copying rights of investigation records on criminal victims and bereaved families in the procedure of investigation. I tried to grasp the contents of the suspect's statement at an early stage and support it in order to cope appropriately Recently, the social consideration of people suffering from crime victims is expanding in fact. The scope of the investigation is set by the lawyer of the suspect in relation to the subordinate statute concerning the investigation and reading of the investigation record. In parallel, it is necessary to apply to the victim's lawyer or bereaved. This is a part that coincides with the purpose of certifying private rights such as browsing of litigation records to the victim and ultimately has a purpose related to the allowable range. Although it is the right to receive the investigation result at each stage, it is not used properly. Especially when distorted investigation progresses, if the suspect is not prosecuted, the victim may be in a state of regret. The important part can be summarized as the question of whether the investigation of the victim's lawyer is allowed to view and access the criminal records. This section has been reviewed with a focus on the current Act and its functional aspects should be emphasized and revised in accordance with the legal environment. These findings will contribute to ensuring victims' rights in the future. It is also used as an important resource in the legislative process, including the revision of the criminal procedure law.

The Guarantee of Criminal Victim's Information Rights (범죄피해자의 정보권보장을 위한 방안)

  • Yang, Kyung Kyoo
    • Convergence Security Journal
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    • v.13 no.5
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    • pp.137-145
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    • 2013
  • The most important thing in the trial reveal the truth regardess of civil trial or criminal trial. The criminal procedure should be amended to guarantee victims the right to attend court hearings, to receive information about the progress of their case. But the new Criminal Procedure Law 2007 stipulated merely reading right of investigation records after prosecution while reading and printing rights prior to prosecution were not legislated. All sections of the criminal justice process must ensure that the process of dealing with the offender should not increase the distress or add to the problems of victims of crime in secondary victimisation. Reading and printing rights of prior to prosecution should be stipulated at earliest to protect the criminal victims and to prevent the secondary victimisation, The purpose of this study is to practically protect the right of the victims on the criminal procedures.

Research on solution for protecting victim privacy of crime deposit with depository

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.25 no.5
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    • pp.209-216
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    • 2020
  • As depository system for negotiation or reimbursement to the victim in criminal case is reflected to consideration for diminishing punishment and hence, it is very important in the process. According to the current law, one needs to fill out victim's personal information such as name, address, and ID number for processing depository. However, if the victim is sexual violence victim, all the personal information is covered up becoming anonymous. Therefore, it becomes difficult for the accused person to get necessary information. Such covering up action is to prevent further second damage that may be caused such as threatening for the negotiation whereas victim has no willingness to forgive the accused. However, even if the accused person regrets his/her crime and make reimbursement to the victim, as they have no personal information on the victim it becomes impossible for them to make the depository. If we apply ESCROW system here it will allow victims to avoid any direct contact with the accused person as well as preventing any privacy disclosure. Also, for the accuse person, they can show how much they regret by making depository within their capability.

Measures for Enhancing System of Crime Victim's Information Protection (범죄피해자 정보보호법제의 개선방안에 대한 연구)

  • Lee, Kwon Cheol
    • The Journal of the Korea Contents Association
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    • v.16 no.10
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    • pp.175-187
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    • 2016
  • Protection of personal information has significant meaning in current information age. Information of crime victim is one of top in value in that divulgence of the information to perpetrators may threat safety of the victim or cause psychological demage as $2^{nd}$ harm if disclosed to public. Legal system protects the information with scattered statutes including Criminal Procedure Act. Existing studies have been limited to discussion of the single statute without integrated approach. Bearing necessity of the approach in mind, as issues of protection system this research proffers too broad subject of eligible inspection of case document, inactive practice of identity management cards and omission of personal information, and inappropriate punishment on the disclosure or divulgence. After reviewing systems of foreign jurisdictions to get useful implications, this paper suggests several measures with two separate aspect of legal provisions and protection practice.

The social role of record information management for Sewol ferry disaster (세월호 참사에 관한 기록정보관리 분야의 사회적 역할)

  • Kim, Jin Sung
    • The Korean Journal of Archival Studies
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    • no.44
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    • pp.199-215
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    • 2015
  • This study suggest the social role of record information management for Sewol ferry disaster on sea near Jindo-gun at April 16, 2014. Social each part and the discrete member be going to carry out the social role for the disaster so that record information management part may be gather, operate, provide related record informations. Record informations is ways to reflect, to supplement about something and means to effect it. They naturally generated though automatic managed, it need to purposeful activity. From finding to lack, to remedy a problem, Korean society and record information management part shall be reinforcing directions and competency of the solution with various angles. Practical union and assistance of record information management part for Sewol ferry disaster, at first it be a help to recognize officially evidence for the accident. Secondary it producing and using better than current state of the area's record information part. Finally it may be actively comprise and implement our competency and emotion.

A Study on Metadata Elements for the Management of Human Rights Records in North Korea (북한인권기록물 관리를 위한 메타데이터 요소(안) 연구)

  • Lee, Bum Hyung;Nam, Young Joon
    • Journal of Korean Society of Archives and Records Management
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    • v.19 no.3
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    • pp.71-96
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    • 2019
  • Various organizations generate and collect human rights records in North Korea for the purpose of punishing perpetrators and compensating victims; hence, a systematic and integrated management system on such records is needed. As such, the study aims to propose metadata for the human rights records in the country. Furthermore, the study derived common and necessary elements for the management of human rights records and referred deficiencies to the United Nations' (UN) guidelines by analyzing three local and international organizations and two human rights record software. Overall, the metadata consists of 15 upper elements in total with their corresponding subelements. Each of the proposed upper elements consists of 13 essential and 2 optional elements.

Meaning of Memory in Archival Activism (기억의 기록학적 의미와 실천)

  • Seol, Moon-won
    • The Korean Journal of Archival Studies
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    • no.67
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    • pp.267-318
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    • 2021
  • The purpose of this study is to analyze how the "memory approach" has affected archival methodology and activities, and suggest the directions of archival activities in each field. Although there have been many discussions on the memories and collective memories in Archival Studies, it is necessary to analyze them more practically from the viewpoint of archival activism. In this study, the memory approaches in archival discourse are classified into four categories in terms of archival activism; i) the role of archives as social memory organizations, ii) the memory struggle for finding out the truth of the past, iii) archival activities of restorative justice for people who suffer from trauma memories after social disasters and human rights violations, and iv) the memory process of communities' archiving for strengthening community identities. The meaning and issues are analyzed for each category, and the practice based on archival expertise and political and social practices are examined together as necessary competencies for archival activism.

A Study on the Preliminary Analysis for the No-Gun Ri Massacre Documentation Strategy (노근리사건 도큐멘테이션 전략 수립을 위한 예비 분석 연구)

  • Kim, You-seung;Ryu, Ban-Dee
    • Journal of Korean Society of Archives and Records Management
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    • v.15 no.4
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    • pp.173-194
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    • 2015
  • The study reports a preliminary analysis for the No-Gun Ri massacre documentation strategy based on Hackman and Wornow-Blewett's implementation model, as an appraisal and selection method for No-Gun Ri Digital Archives. It intends to review the theoretical background for this process, inlcuding a history of the No-Gun Ri massacre and the development of documentation strategy. From the theoretical analysis, this study identified the No Gun Ri documentation strategy processes in 5 categories: "cooperative collecting", "collecting in specific areas", "identifing missing areas" and "advisory group". With these 5 categories, this study discusses the application of the Hackman and Wornow-Blewett's implementation model in the No Gun Ri case and reviews the strategy's pros and cons. As a result, firstly, we classfy focusing groups into "victims and bereaved family", "government", "civil society", "the press" and "literature and art". Secondly, we also classify documentation categories into "massacre records", "investigation activity records" and "cherish memory".

Review of 2021 Major Medical Decisions (2021년 주요 의료판결 분석)

  • Park, Taeshin;Yoo, Hyunjung;Lee, Jeongmin;Cho, Woosun;Jeong, Heyseung
    • The Korean Society of Law and Medicine
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    • v.23 no.2
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    • pp.171-209
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    • 2022
  • There were also many medical-related rulings in 2021, among which the rulings reviewed in this paper are as follows. The first relates to a case in which the medical record, which is the primary judgment data regarding the presence or absence of medical negligence, has been modified. The court judged whether there was negligence on the basis of the first written medical record without considering the contents of the medical record that was later modified. Next, the ruling on the case of asking for liability for damages for prescription of anti-obesity drugs recognized negligence related to prescription, but denied liability for property damage by denying a causal relationship, and recognized only alimony for violation of the duty of explanation. The a full-bench ruling on the scope of subrogation of the National Health Insurance Corporation, which subrogates the claims for compensation for medical expenses against the perpetrator of the patient, changed the existing precedent that had taken the 'deduction method after offsetting negligence' and judged it as 'the method of offsetting negligence after deduction'. In addition, in the ruling on whether or not there was negligence, the court was not bound by the medical record appraisal result. Lastly, in relation to the National Health Insurance Service's disposition of reimbursement for medical care benefit costs, we reviewed the ruling that discretion should be exercised even when a non-medical person makes a refund to a medical institution opened by a non-medical person. And we also reviewed the ruling that the scope of reimbursement for medical institutions jointly using facilities and manpower specifically should be determined.

A New Investigation Methodology of Marine Casualties and Incidents using Digital Forensic Techniques (디지털 포렌식 기법을 이용한 해양사고 조사 방법론)

  • Baek, Myeong-Hun;Lee, Sangjin
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.23 no.3
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    • pp.515-530
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    • 2013
  • The results of investigations into marine incidents have become an important basis in determining not only possible causes, but also the extent of negligence between the perpetrator and victim. However, marine incidents occur under special circumstances i.e. the marine environment, and this leads to difficulties in identifying causes due to problems in scene preservation, reenactment and acquisition of witnesses. Given the aforementioned characteristic of marine incidents, the International Convention for the Safety of Life at Sea (SOLAS) has adopted mandatory regulations on the carriage of Voyage Data Recorders (VDRs) and Automatic Identification Systems (AIS) for ships of a certain gross tonnage and upwards, so as to reflect recent developments in radio communication and marine technology. Adopted to provide an international standard for investigations and to promote cooperation, the Code of the International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident (Casualty Investigation Code) recommends member states to build capacity for analysis of VDR data. Against this backdrop, this paper presents methods for efficient investigations into the causes behind marine incidents based on data analysis of VDR, which serves as the black box of ships, as well as digital forensic techniques.