• 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 Science and Technology Studies
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• v.15 no.1
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• pp.215-244
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• 2015

The 1993 U.S. Supreme Court decision on Daubert v. Merrel Dow Chemical, Inc. has changed the ways in which scientific evidence is evaluated for legal purposes. A new set of guidelines, called thereafter the Daubert Standard, that was intended to increase the judge's authority in determining the admissibility of scientific evidence in the court, turns out to have increased the burden of proof on the part of plaintiffs and have also considerably influenced the outcome of policy decisions in the regulatory areas. This paper analyzes the changes made in the relationship between science and law after the introduction of the Daubert Standard, examining the epistemological differences between its proponents and opponents. The judge's dilemma as a gatekeeper, this paper argues, is not simply that of an 'amateur scientist' seeking to learn and practice scientific knowledge per se. Rather, the dilemma ought to be that of an 'legal expert,' faithful to ethos of social justice without succumbing to the practical convenience of the Daubert Standard. This paper also suggests that there is much room for STS scholars to make contributions to the use of science in legal settings by conducting in-depth studies on court cases in the broad social and political context.

• Convergence Security Journal
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• v.17 no.2
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• pp.23-32
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• 2017

With the development of information and communication technology, various data including digital data have increased exponentially. In a society where such data utilization is generalized, criminal investigation processes and trial processes have also been influenced. However, in comparison with the progress of the technical capability and analytical capability of digital certification which is increasing exponentially, the establishment of the digital forensic related legal system is still in short supply. Therefore, it is necessary to activate balanced research for legal recognition of digital certification. Therefore, in this research, meta analysis was conducted to grasp trends of research related to digital forensics and to provide objective data for research revitalization.

• The Journal of the Convergence on Culture Technology
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• v.8 no.6
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• pp.807-812
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• 2022

Recently, as the number of voice recording files submitted as court evidence increases, the number of cases claiming forgery is also increasing. If the audio recording file structure and metadata, which are objective grounds, are completely forged, it is actually impossible to detect forgery of the sophisticated audio recording file. It is extremely rare for the court to reject the file structure and metadata analysis performed with the forged audio recording file. The purpose of this study is to prove that forgery of voice recording file structure and metadata is easily possible. To this end, in this study, it was introduced that forgery detection is impossible when the 'mixed paste' function, which enables sophisticated editing based on the typification of the editing method of voice recording files, is applied. Moreover, it has been proven through experiments that forgery of file structure and metadata is possible. Therefore, a stricter standard for judging the admissibility of evidence is required when the audio recording file is adopted as digital evidence. This study will not only contribute to the standard of integrity in the adoption of digital evidence by judges, but will also contribute to the method of constructing a dataset for artificial intelligence in detecting forgery of recorded files that is expected to be developed in the future.

• Convergence Security Journal
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• v.15 no.1
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• pp.49-57
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• 2015

As the capitalist society was launched, false has been increasing day by day for the personal profit. Study after study since a long time ago has concluded that today's polygraph developed in order to determine these false. In Korea the polygraph has been used actively in current investigation agency, and passively in a private enterprise by a former polygraph examinant from the investigation agency. Each investigation agency is recruiting polygraph examinants through the strict qualifications, training education. Decisions of Supreme Court precedents about the polygraph test results are denying admissibility of evidence in reliability on the efficiency of a test equipment, way to ask, qualities of polygraph examinant, etc. The most fundamental cause of the issues mentioned in the precedents is that examinants of each investigation agency are being trained by dual education not centralized. Because of each investigation agency has its own training and polygraph examinant, each agency can occur variations every agency or every examinant, therefore ensuring the centralized educational system is needed. In this way, ensuring the centralized educational system will contribute to improve the reliability of polygraph test results and make a retrenchment in the educational budget in accordance with examinant training of each agency.

• Journal of Digital Convergence
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• v.13 no.4
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• pp.81-87
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• 2015

This study will show the digital forensic model which fights against cyber-crimes to prepare various cyber-crimes. The digital forensic model will be more useful about the investigation of cyber-crimes and arresting criminals after researching the uses of the digital forensic model and cyber-crime rates in South Korea. This model conduct the standardized data with various languages by the language support system through the digital forensic analyzer. This model will send the data to law enforcement reviewing whether or not we ought to prove criminal charges. Moreover, law enforcement can access the file system to find out admissibility of evidence. And this model simplifies lawful investigation about additional investigation. The data, which is conducted and saved by the digital forensic system, will be helpful to protect against the future crimes because of the data.

• Journal of Arbitration Studies
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• v.10 no.1
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• pp.3-25
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• 2000

At its thirty-second session in 1999, the UNCITRAL had before it the requested note entitled "Possible future work in the area of international commercial arbitration." After concluding the discussion on its future work in the area of international commercial arbitration, it was agreed that the priority items for the working group should be conciliation, requirement of written form for the arbitration and enforceability of interim measures of protection. the Commission entrusted the work to the Working Group on Arbitration which held its thirty-second session at Vienna from 20 to 31 March 2000. The Working Group discussed agenda item 3 on the basis of the report of Secretary General entitled "Possible uniform rules on certain issues concerning settlement of commercial disputes : conciliation, interim measures of protection, written form for arbitration agreement." At its thirty-three session in 2000, the UNCITRAL had before it the report of Secretary General on agenda item 3 discussed by the Working Group. The Working Group discussed the issues relating to certain aspects of conciliation proceedings ; (1) Admissibility of certain evidence in subsequent judicial or arbitral proceedings ; (2) Role of conciliatior in arbitration or court proceedings ; (3) Enforceability of settlement agreements reached in conciliation proceedings ; (4) Other possible items for harmonized treatment : a) Admissibility or desirability of conciliation by arbitrators b) Effect of an agreement to conciliate on judicial or arbitral proceedings c) Effect of conciliation on the running of limitation period d) Communication between the conciliator and parties ; disclosure of information e) Role of conciliator. It was generally considered that decisions as to the form of the text to be prepared should be made at a later stage when the substance of prepared solutions would become clearer. However, it was noted that model legislative provisions seemed to be appropriate form for a number of matters proposed to be discussed in the area conciliation. There was general support in the Working Group for the proposition to perpare a legislative regime governing the enforcement of interim measures of protection ordered by arbitral tribunals. It was generally considered that legislative regime should apply to enforcement of interim measures issued in arbitration taking place in State where enforcement was sought as well as outside that State. It was generally observed that there was a need for provisions which conformed to current practice in international trade with regard to requirements of written form for arbitration agreement. The view was adopted by the Working Group that the objective of ensuring a uniform interpretation of the form requirement that responded to the needs of international trade could be achieved by : preparing a model legislative provision clarifying, for avoidance of doubt, the scope of article 7(2) of the UNCITRAL Model Law on International Commercial Arbitration : and adopting a declaration, resolution or statement addressing the interpretation of the New York Convention that would reflect a broad understanding of the form requirement. There was general agreement in the Working Group that, in order to promote the use of electronic commerce for international trade and leave the parties free to agree to the use of arbitration in the electronic commerce sphere, article II(2) of the New York Convention should be interpreted to cover the use of electronic means of communication as defined un article 2 of the Model Law on Electronic Commerce and that it required no amendment to do that. The UNCITRAL may wish to consider to the desirability of preparing uniform provisions on any of those issues concerning conciliation and arbitration proceedings, possibly indicating whether future work should be towards a legislative text or non-legislative text.

• 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.