• Title/Summary/Keyword: 형사

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Non-invasive Brain Stimulation and its Legal Regulation - Devices using Techniques of TMS and tDCS - (비침습적 뇌자극기술과 법적 규제 - TMS와 tDCS기술을 이용한 기기를 중심으로 -)

  • Choi, Min-Young
    • The Korean Society of Law and Medicine
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    • v.21 no.2
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    • pp.209-244
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    • 2020
  • TMS and tDCS are non-invasive devices that treat the diseases of patients or individual users, and manage or improve their health by applying stimulation to a brain through magnetism and electricity. The effect and safety of these devices have proved to be valid in several diseases, but research in this area is still much going on. Despite increasing cases of their application, legislations directly regulating TMS and tDCS are hard to find. Legal regulation regarding TMS and tDCS in the United States, Germany and Japan reveals that while TMS has been approved as a medical device with a moderate risk, tDCS has not yet earned approval as a medical device. However, the recent FDA guidance, European MDR changes, recalls in the US, and relevant legal provisions of Germany and Japan, as well as recommendations from expert groups all show signs of tDCS growing closer to getting approved as a medical device. Of course, safety and efficacy of tDCS can still be regulated as a general product instead of as a medical device. Considering multiple potential impacts on a human brain, however, the need for independent regulation is urgent. South Korea also lacks legal provisions explicitly regulating TMS and tDCS, but they fall into the category of the grade 3 medical devices according to the notifications of the Korean Ministry of Food and Drug Safety. And safety and efficacy of TMS are to be evaluated in compliance with the US FDA guidance. But no specific guidelines exist for tDCS yet. Given that tDCS devices are used in some hospitals in reality, and also at home by individual buyers, such a regulatory gap must quickly be addressed. In a longer term, legal system needs to be in place capable of independently regulating non-invasive brain stimulating devices.

Extreme Job, How Will We Survive Since "Candlelight Protest"? -A Revival of Comic Mode and a Comedy Film in the Age of Self-Management (<극한직업>, '촛불혁명' 이후 어떻게 버티며 살아남을 것인가? -코믹 모드의 부활과 자기경영 시대의 코미디영화)

  • Chung, Young-Kwon
    • Journal of Popular Narrative
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    • v.26 no.3
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    • pp.221-254
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    • 2020
  • This paper finds a solution in the social context which cannot be explained thoroughly by well-timed release date, revival of comedy films, and the attraction of Lee Byeong-heon's comedy etc. while it throws question of how the film, Extreme Job captivated 16 million audience. The incredible hits of Extreme Job cannot be explained by analyzing the text alone. After this essay investigates a function and a role of comedy as a public sphere, it examines people's desires and wishes in the comedy and other genres since 2008 when the conservative government has seized power. Since 2008 a series of dark tone's action thriller, social problem film, and disaster film have emerged, these genres showed absence of public security, crisis of democracy and criticism against rulling class. On the other hand, hit comedy films have showed escapism such as weepie, nostalgia, and fantasy at the same time, generally. Although Veteran (2015) is not full-blown comedy, after this film's big success, "comic mode" has gradually revived. A light tone's films which are truer to genre rules has started representing the wishes of people toward social reforms and changes. Meanwhile, "Candlelight Protest" served as a momentum to recover the democracy which has been in crisis, but it could not lead changes in economic and daily lives. Exreme Job can be read as a question how we will survive since "Candlight Protest." The lives of detectives as self-employed workers who has taken over a fried chicken restaurant for going undercover are appearances of ordinary persons who must survive in the edless conpetition. Furthermore, this film shows a dream of a "great success myth" which becomes well-known as a famous restaurant and a self-management such as brand-naming and an exapansion of franchise business. We can read ganster's chicken franchises as a huge distribution industry which disturbs market system by delivering drugs secretly. While applauses that we give to the police having identities of self-employed workers which sweeps the ganster are giving support to oridinary neighborhood like us, they are also wishes of people who long for the restoration of publicness of police in the market which is becoming increasingly privatized today. A significance of this essay is to examine Extreme Job in terms of the geography of film genres and the revival of comic mode sicne 2008 at the macro level, and is to read the film in the perspective of the problems of economic and daily lives which has been still unsolved since "Candlelight Protest" at the micro level.

Recidivism Follow-Up Study on Sex offenders under Electronic Monitoring (성범죄 전자감독대상자들에 대한 재범추적 연구)

  • Lee, SeungWon;Lee, SueJung;Seo, HyeRan
    • Korean Journal of Forensic Psychology
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    • v.12 no.1
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    • pp.15-33
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    • 2021
  • In this study, we analyzed the difference in survival rates of those subject to electronic supervision of sex crimes based on the tracking of the period of recidivism and whether they were recidivism, and wanted to confirm the ability of the criminal record to predict recidivism. The criteria for recidivism were defined as cases where a conviction was confirmed due to a criminal case that occurred during the execution of electronic monitoring, and the date of recidivism was the date of occurrence of a case that was confirmed guilty. A total of 122 re-offenders were used in the analysis, and all of them were charged with electronic supervision for committing sex crimes. Studies have confirmed that the subjects commit the most recidivism within three years. In addition, in this study, the difference in survival rate between groups was analyzed after classifying mixed and sex recidivism cases. The number of members was 88 for the mixed recidivism group and 34 for the sex recidivism group. The analysis confirmed that both groups had the most recidivism within three years. There was a slight difference between the survival rate of the mixed recidivism group and the survival rate of the sex recidivism group. So the Log Rank Test and the Generalized Wilcoxon Test were conducted, but no statistically significant differences were identified(Wilcoxon statistic = 2.326, df = 1, p = .13, Log Rank = 1.345, df = 1, p = .25). Next, a Cox Regression analysis was performed to confirm the ability of the criminal record to predict recidivism. As a result, the number of criminal records(sex offense, violent crime) have been confirmed to be a good predictor of recidivism(X2=27.33, df=1, p< .001). As a result, the recidivism rate is gradually decreasing due to the implementation of the electronic monitoring. However, the duration of recidivism required by sex offenders in high-risk groups was found to be rather short. Currently, security measures against felons are being strengthened, so it is necessary to select high-risk groups. Therefore, based on the related studies, the characteristics of high-risk groups and the results of recidivism studies will be used as a basis for disposal within the criminal justice system, which will play a major role in granting objectivity.

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One-probe P300 based concealed information test with machine learning (기계학습을 이용한 단일 관련자극 P300기반 숨김정보검사)

  • Hyuk Kim;Hyun-Taek Kim
    • Korean Journal of Cognitive Science
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    • v.35 no.1
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    • pp.49-95
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    • 2024
  • Polygraph examination, statement validity analysis and P300-based concealed information test are major three examination tools, which are use to determine a person's truthfulness and credibility in criminal procedure. Although polygraph examination is most common in criminal procedure, but it has little admissibility of evidence due to the weakness of scientific basis. In 1990s to support the weakness of scientific basis about polygraph, Farwell and Donchin proposed the P300-based concealed information test technique. The P300-based concealed information test has two strong points. First, the P300-based concealed information test is easy to conduct with polygraph. Second, the P300-based concealed information test has plentiful scientific basis. Nevertheless, the utilization of P300-based concealed information test is infrequent, because of the quantity of probe stimulus. The probe stimulus contains closed information that is relevant to the crime or other investigated situation. In tradition P300-based concealed information test protocol, three or more probe stimuli are necessarily needed. But it is hard to acquire three or more probe stimuli, because most of the crime relevant information is opened in investigative situation. In addition, P300-based concealed information test uses oddball paradigm, and oddball paradigm makes imbalance between the number of probe and irrelevant stimulus. Thus, there is a possibility that the unbalanced number of probe and irrelevant stimulus caused systematic underestimation of P300 amplitude of irrelevant stimuli. To overcome the these two limitation of P300-based concealed information test, one-probe P300-based concealed information test protocol is explored with various machine learning algorithms. According to this study, parameters of the modified one-probe protocol are as follows. In the condition of female and male face stimuli, the duration of stimuli are encouraged 400ms, the repetition of stimuli are encouraged 60 times, the analysis method of P300 amplitude is encouraged peak to peak method, the cut-off of guilty condition is encouraged 90% and the cut-off of innocent condition is encouraged 30%. In the condition of two-syllable word stimulus, the duration of stimulus is encouraged 300ms, the repetition of stimulus is encouraged 60 times, the analysis method of P300 amplitude is encouraged peak to peak method, the cut-off of guilty condition is encouraged 90% and the cut-off of innocent condition is encouraged 30%. It was also conformed that the logistic regression (LR), linear discriminant analysis (LDA), K Neighbors (KNN) algorithms were probable methods for analysis of P300 amplitude. The one-probe P300-based concealed information test with machine learning protocol is helpful to increase utilization of P300-based concealed information test, and supports to determine a person's truthfulness and credibility with the polygraph examination in criminal procedure.