• Journal of Arbitration Studies
• /
• v.26 no.3
• /
• pp.121-147
• /
• 2016

Factual issues in most patent litigation are related to very complicated techniques. Thus, the courts has emphasised that the technology in dispute has to be read and understood through the eyes of a person to whom it is directed. Therefore, among the various processes in federal litigation, most litigation in the field of patent infringement relies on at least some expert evidence. This paper focuses on issues regarding patent dispute evidence, and explore whether there are unresolved issues in evidential rules and procedures of patent proceedings. Further, this paper seeks to demonstrate that both the parties and the courts in patent disputes generally benefit from the current evidence system. However, in a number of Australian cases, the scope of expert evidence in patent cases has been strictly limited. Australian Government identified uncertain issues associated with the present patent enforcement system, due to factors such as a low level of knowledge about what patent rights entail, the high degree of uncertainty of outcome in legal proceedings, etc. Arbitration shall be reviewed and suggested as an alternative to tackling the ongoing problems in the trial system.

• Convergence Security Journal
• /
• v.18 no.4
• /
• pp.35-43
• /
• 2018

Currently, digital evidence takes judicial discretion in adopting it, which does not clarify the criteria for adoption, and it can shorten the analysis time of digital evidence with distributed processing techniques. However, due to the development of cryptographic techniques, there is a problem in that it is not suitable for the 48 hour limit of the warrant request. In this paper, we analyze the precedents for admissibility of evidence and the probative power in the civil/criminal proceedings, and discuss the need for objective and detailed adoption criteria to replace judicial discretion. In addition, we'd like to propose a preliminary application form for analysis of digital evidence as a problem for limit time for warrant claims from the perspective of forensics and a solution to the problem.

• Journal of the Korea Institute of Information and Communication Engineering
• /
• v.17 no.9
• /
• pp.2055-2062
• /
• 2013

Digital evidence which is the new form of evidence to crime makes little difference in value and function with existing evidences. As time goes on, digital evidence will be the important part of the collection and the admissibility of evidence. Usually a digital forensic investigator has to spend a lot of time in order to find clues related to the investigation among the huge amount of data extracted from one or more potential containers of evidence such as computer systems, storage media and devices. Therefore, these evidences need to be ranked and prioritized based on the importance of potential relevant evidence to decrease the investigate time. In this paper we propose a methodology which prioritizes order in which evidences are to be examined in order to help in selecting the right evidence for investigation. The proposed scheme is based on Fuzzy Multi-Criteria Decision Making, in which uncertain parameters such as evidence investigation duration, value of evidence and relation between evidence, and relation between the case and time are used in the decision process using the aggregation function in fuzzy set theory.

• Journal of the Korea Institute of Information and Communication Engineering
• /
• v.13 no.8
• /
• pp.1687-1692
• /
• 2009

Cyber forensics is used the process and technology of digital forensics as a criminal investigation in cyber space. Cyber crime is classified into cyber terror and general cyber crime, and those two classes are connected with each other. The investigation of cyber terror requires high technology, system environment and experts, and general cyber crime is connected with general crime by evidence from digital data in cyber space. Accordingly, it is difficult to determine relational crime types, collect evidence and the legal admissibility of evidence. Therefore, we considered the classifications of cyber crime, the collection of evidence in cyber space and the application of laws to cyber crime. In order to efficiently investigate cyber crime, it is necessary to integrate those concepts for each cyber crime-case. In this paper, we constructed a cyber forensics domain ontology for cyber criminal investigation using the concepts, relations and properties, according to categories of cyber crime, laws, evidence, and information of criminals and crime-cases. This ontology can be used in the process of investigating of cyber crime-cases, and for data mining of cyber crime; classification, clustering, association and detection of crime types, crime cases, evidences and criminals.

• The Korean Society of Law and Medicine
• /
• v.14 no.1
• /
• pp.303-354
• /
• 2013

In 2012, the major jurisdictions regarding medical cases caused the controversial issues towards medical and legal fields by getting the judgments from the Supreme Court, which admitted the exceptional admissibility on discretionary grant. By regarding the serial negligence of medical organizations as a separate tort, the sentences which made up irrationality, were spoken by the court. As a result, if the treatment was made, which did not follow the entered matters in medical documents attached, the court announced the jurisdiction that presumes the negligence, which provided the evidence of negligence; on the other hand, this gave had the burden to medical branch to take great care for medicinal treatment. To be applicable for the Principle of Trust, the doctors have to give and take the necessary information for the treatment process and symptom decisions, which also commented in the court. Thus, this case made it difficult to apply the Principle of Trust and considered all the conditions as tough ones, which eventually induced lesser faults for patients' care. Moreover, the court confirmed that the medical ads sending the emails to the members belong to the internet portal sites, are not the inducing behavior by considering that the actions are only medical ads. Furthermore, in the case of Namsu Kim, the court's interpretation was rather limited the definition for medical practice that announced limited Erweiterung der Strafbarkeit cases by lower courts. As a consequence, it is very interesting whether the Supreme Court may change their position and concerning the duty of explanation, the trend to expand the contents and scopes for the duty of explanation continues by admitting instruction explanation obligation and all the compensations and so on.

• Journal of the Korea Institute of Information Security & Cryptology
• /
• v.23 no.2
• /
• pp.223-230
• /
• 2013

Recently, a large number of corporations are adopting cloud solution in order to reduce IT-related costs. By the way, Digital Trace should have admissibility to be accepted as digital evidence in court, and integrity is one of the factors for admissibility. In this context, this research implemented integrity verification test to VM Data which was collected by well-known private cloud solutions such as Citrix, VMware, and MS Hyper-V. This paper suggests the effective way to verify integrity of VM data collected in private cloud computing environment based on the experiment and introduces the error that EnCase fails to mount VHD (Virtual Hard Disk) files properly.

• The Korean Journal of Archival Studies
• /
• no.73
• /
• pp.5-46
• /
• 2022

This study aims to develop the trustworthiness model for public digital records, as an admissibility framework for establishing trust. The trustworthiness model is deemed to used to identify the qualities of the digital records in their lifecycle, including the identity that could be identified at the time of the creation, integrity obtained from the chain-of-custodial management, the evidence of relationship between business activities and records, and the technical or cognitive accessibility. Based on the analysis of the QADEP model, it was decided to develop a model that could measure the trustworthiness of public digital records in the external measurement type, which are authenticity, reliability, and usability. In line with this direction, the model expanded measurement areas and indicators of the QADEP model through the analysis of ISO 16175-1:2020, and measuring metrics was also proposed so that it could be a measuring instrument for public digital records in Korea, after analysing NAK 19-3. It would be useful to expand the model and to test the approach of the trustworthiness model for public digital records.

• Journal of forensic and investigative science
• /
• v.1 no.1
• /
• pp.72-87
• /
• 2006

Accidents and terrorist acts that utilize explosives have a great influence on society and thus require a prompt investigation for the arrest of the culprit. However, such investigations are often met with difficulties due to the vastness of the crime scene, restrictions on approaching the scene, fragility of the evidence, complexity of investigation, and the lack of expertise. In spite of such facts, scientific investigation regarding explosives have not been widely studied in Korea. Therefore, the focus of this research primarily concerns the effective scientific investigation methods in cases of accidents that involve chemical explosives. Although the a systematic investigation method is at the heart of scientific investigation in cases of explosive accidents, it is only at its rudimentary stage. Therefore, in this research, a systematic investigation method is put forth for the 'scene investigation, the documentation of the scene, and the collection and processing of evidence. Further, I have set forth a 'scene investigation check list' the ensure a thorough scene investigation and to promote an exhaustive evidence collection that would guarantee the admissibility of such evidence in court. The above efforts were aimed at simplifying the currently complicated investigation system. 1) In the future, a guidebook that can be generally applied to accidents involving explosives in Korea ught to be produced, a continual systematic education and integrated training excises for investigators ought to be established, laws that require additives in explosives ought to be instituted so that the type, components, and source of explosives can be identified, and lastly, a database that contain information on former explosion accidents, trends, and techniques of criminal activities that involve explosion accidents should be compiled.

• The Journal of the Convergence on Culture Technology
• /
• v.9 no.2
• /
• pp.545-551
• /
• 2023

As digital information is readily available to everyone today, the adoption of digital evidence is increasing. However, it is virtually impossible to determine the authenticity of forgery in the case of a voice recording file that has gone through a sophisticated editing process along with the spread of various voice file editing tools. This study aims to prove that forgery, which is difficult to distinguish from the original file, is possible by using insertion, deletion, linking, and synthetic editing technologies in voice recording files. This study presents the difficulty of detecting forgery by encoding a forged voice file with the same extension as the original. In addition, it was shown that forgery detection is impossible if additional transition band deletion and secondary encoding are performed only for experiments in which features occurred. Through this, this study is expected to contribute to the establishment of more stringent evidence admissibility criteria for adopting voice recording files as digital evidence.

• Journal of the Korean Society of Child Welfare
• /
• no.55
• /
• pp.87-111
• /
• 2016

This study aimed to examine how video-recorded hearsay statements are taken in trial with regard to testimony of children less than the age of 13 in terms of children's rights, and to assess policy implications for the purpose of improving the current system. This study analyzed the precedents in accordance with their facts and contents. The analysis of the contents dealt with the main issues of trials concerning the sexual violence of children less than the age of 13. Specifically, This study selected precedents dealing with video-recorded hearsay statements, which are children's indirect statement, as core legal issues; examined the credibility(probative power) and admissibility of video-recorded statements; and prepared systemic alternatives in accordance with the United Nations Convention on the Rights of the Child, the international standards for the protection of children's rights. As a result, this study proposed creating and utilizing indicators to assess evidence admissibility and the credibility of video-recoded statements in trial, thus reducing judgement through judges' discretion. Also proposed are new regulations with regard to cross-examination coverage of the hearsay statement of a child in a sexual violence trial of concerning children less than the age of 13. This study suggests an improvement in legal policies, based given that children's rights are more vulnerable than those of adults in trial. Nevertheless, this study is limited in that it selected and reviewed only among precedents that are in the public record.