• Korean Security Journal
• /
• no.43
• /
• pp.231-257
• /
• 2015

Today, the international community make every effort to suppress security crimes, to provide numerous institutional strategies and to prevent security crimes such as the terrorism and spy. Particularly, developed countries in the field of security are strengthening related legislation under new-security conditions. Things work a little differently about security crimes because the nation's benefit and protection of the law is the basis of individual benefit and protection of the law under investigation procedure of the security crimes. Therefore they have policy that permits major investigative agency under the arrest and detention procedure(e.g. security and communication monitoring ${\ldots}$). Criminal procedure's improvement and reinforcement are very important for events related security. But, The investigation procedure between criminal offense and security crimes makes no odds in the Korea. Continuance of such a national mood will accuse of not responding appropriately in preparation for new-security conditions recently. To revise with international best security legislation, We should institute a proper registration system in Korea's situation. This study have been discussing how to improve related legislation under new-security conditions through the cases analysis of the arrest and detention procedure in Korea.

• Convergence Security Journal
• /
• v.15 no.4
• /
• pp.141-147
• /
• 2015

KICS is intended to facilitate the computerization of the criminal justice process and realize a quick and transparent criminal justice process. Thus, it has been operating in the field of criminal justice by establishing criminal justice portal for the empowerment of the people. While in 2008 the opposition by the Court concerns the independent function of the judiciary and privacy violations presented in conjunction with its own operating system between the judiciary and other institutions. KICS improve office productivity by creating documents in a single criminal justice agencies to reduce costs, and costs of document exchange between criminal justice agencies. Secondly, the decision-making process is simplified by using the electronic documentation system and speed up, bind and document handling procedures ranging from preserving documents received are reduced dramatically contribute to the competitiveness of the organization through business improvement. Third, The use of an electronic document stored in the information is easy, and it is possible to easily access a variety of information can facilitate the realization of an open state by smoothly to provide information about the people. Finally, KICS building a network of criminal legal systems to maximize the benefits and the electronic integration effect it is being evaluated to improve the overall efficiency of the criminal legal system.

• Journal of Digital Convergence
• /
• v.11 no.9
• /
• pp.13-20
• /
• 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 Digital Convergence
• /
• v.10 no.4
• /
• pp.167-172
• /
• 2012

There is no substantive enactment in our country to regulate testifier's false statement in the process of investigation under current law. In consideration of such investigation reality, there exist predominant view that the regulations against testifier's untrue statement are necessary to fine actual truth on criminal justice. However, such view is not quite agreeable, for it holds a probability that excessive investigation rights might cause infringement on personal rights. It's because of human rights protection that the criminal justice puts before the finding of actual truth as its biggest principle, and as we see above, any testifiers' untrue statement are already punishable, although restrictive, through interpretation of deceptive scheme under current law such as obstruction of justice, crimes of sheltering or flying a criminal or calumny.

• The Korean Society of Law and Medicine
• /
• v.20 no.2
• /
• pp.83-107
• /
• 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.

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

• Journal of Korean Society of Archives and Records Management
• /
• v.10 no.1
• /
• pp.169-197
• /
• 2010

The purpose of this study is to propose a different classification method for keeping a record of cases. After proving that criminal case files should be counted as one type of case files, based on their characteristics and characteristics, this research analyzes the current process of criminal case filling at Public Prosecutor's Office to point out some problems. This study suggests a new classification system: at first, each case gets classified based on a case: secondary, the data gets further assorted by the chronological procedures. The classification approach, which is adopted from MoReq 2's Workflow method, is more adjustable to the new electronic filing system.

• The Journal of the Korea Contents Association
• /
• v.16 no.6
• /
• pp.550-562
• /
• 2016

Criminal Mediation System in Korea, it did pilot operation by Crime Victim Support Centers such as Daejeon and other two District Prosecutors' Office in April 2006. And starting 2007, Crime Victim Support Centers and Criminal Mediation System conducted from 57 District Attorney's Office and Branch Offices and now 2016, Criminal Mediation System is operated in all the District Attorney's Office. On the other hand, the Attorney General's Office established the 'Criminal mediation practical operating instructions' in October 2009 and created its legal basis at "Crime Victims Protection Act" in September 2010. It seems that the criminal mediation have to operate as the direction for supporting crime victims recovery. However, it seems that the overall infrastructure of the criminal mediation system is built. But I have experienced this through G Attorney's Office as a Criminal mediator activity from 2007 to 2016 now, some issues have emerged such as weak on personal safety in criminal mediation room, etc. Thus, in this paper, I will examine the problems about this and propose improvements of criminal mediation system to fit the practical criminal mediation.

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

• International Commerce and Information Review
• /
• v.19 no.3
• /
• pp.197-214
• /
• 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.