• Title/Summary/Keyword: Criminal

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A Study on Efficient Utilization Plan of Interpol to Combat Supranational Crimes (초국가적 범죄의 대응강화를 위한 인터폴의 효율적 활용방안에 관한 연구)

  • Oh, Seiyouen;Song, Hyejin
    • Journal of the Society of Disaster Information
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    • v.10 no.4
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    • pp.559-565
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    • 2014
  • This study provides the basic data for using the connections of Interpol to combat supranational crimes, reflecting domestic and foreign situations, and I'll summarize the countermeasures as follows through the results of this study. First of all, it is necessary to build up the international cooperative system which shares information and technology between nations, through the network formation of Asianpol. Second, a policy of Interpol which maximizes the foreign agents and resident officers in Korea needs to be established. Third, governmental policies and legal measures such as criminal extradition must be available to help the criminal investigations of Interpol quickly and positively. Fourth, there has to be the expansion of budget for securing professional investigators and supporting Interpol to fight supranational crimes by the authority of the government.

The Base of Understanding for Interdisciplinary Studies on Cyber Crimes - Centering on Regulations in Criminal Law - (사이버범죄의 학제간 연구를 위한 이해의 기초 - 형법상 규제를 중심으로 -)

  • Lim, Byoung-Rak
    • Journal of the Korea Society of Computer and Information
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    • v.13 no.3
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    • pp.237-242
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    • 2008
  • This study aims to provide theoretical base in criminal law for engineers in the viewpoint of jurists to encourage interdisciplinary studies on cyber crimes. Apart from seriousness of discussion on torrent cyber crimes, a good effect of the internet networks such as sharing of information has bee emphasized while the evil influence of its side effect has been neglected. Therefore, this study suggests that we need to consider reinforcement of cyber ethics, and legal mind of IT technicians, strict security by managers, active efforts to develop legitimate contents by managers of web hardware and P2P, and reinforcement of punishments against crimes by internet users. And this study approaches new norms on computer and cyber crimes in interpretational sense of criminal law, and provides the theoretical base of the criminal law focusing on traditional theories, assumptions, and precedents involved in regulations against computer virus distribution.

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Police Networks for Criminal Intelligence Functions: Based on Informal Social Network Analysis (경찰 범죄정보 수집 활동의 관계망 분석: 비공식적 사회연결망 분석을 중심으로)

  • Choi, Yeong Jin;Yang, Chang Hoon
    • The Journal of the Korea Contents Association
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    • v.20 no.1
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    • pp.448-459
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    • 2020
  • Recently, the necessities of gathering, producing, and sharing criminal information are critically important as intelligence functions of police agencies to improving public safety and national security. However, the inadequacies and barriers within which police agencies have in regard to intelligence functions impede criminal information gathering, intelligence producing within their agency, and intelligence sharing with other agencies. In this study, we analyzed informal networks constructed from a survey dataset of information and intelligence sharing among officers in police agencies. The results revealed the different structural properties of intelligence networks between police agencies. We did find that officers with high indegree and outdegree in a network played critical role on the dynamics and degree of intelligence gathering and assessment responsibilities. Finally, we could find evidence that the potential role of intermediary triggered relational dynamics for developing and sharing critical information among all police agencies.

Necessity of Intent for Defense in Case of Legitimate Self-defense (정당방위에 있어서 방위의사의 필요성)

  • Yoo, In-Chang
    • Journal of Digital Convergence
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    • v.10 no.7
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    • pp.107-114
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    • 2012
  • Self-defense is defined as 'an act which is performed in order to prevent impending and unjust infringement of one's own or another person's legal interest'(Article 21, the Criminal Act). To establish such a self-defense, it is generally suggested that it requires an intent for defense as subjective element as well as objective precondition of impending and unjust infringement of one's own or another person's legal interest' and considerable reason. Intent for defense which means an awareness for objective circumstance of self-defense is recognized as objective justification element for self-defense. With regard to intent for defense, there are various discussions on not only necessity of such an intent for defense but whether it is necessary for both actor's recognition of circumstance and specific purpose or motive and which should be applied for its punishment in case of lack of the intent for defense: consummated, unconsummated or semi-consummated. However, there is no clear regulations. This article reviews the contents of intent for defense based on opinion that it is necessary for intent for defense and then examines contents on criminal effect in case of lack of intent and intent for defense in case of criminal negligence.

A Study on procedure of Criminal Cases related to the Security (안보형사법제도의 바람직한 개선방향 제시 - 안보사례분석을 중심으로 -)

  • Joo, Seong-Bhin
    • Korean Security Journal
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    • no.43
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    • pp.231-257
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    • 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.

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A Criminal Abortion and Protected in the Right to Life (낙태죄와 생명보호)

  • Jung, Hyo-Sung
    • The Korean Society of Law and Medicine
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    • v.10 no.1
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    • pp.323-361
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    • 2009
  • In Korea, Abortion in the Criminal Law is an illegal act in exception of on which abortion may be carried out through the grounds are very limited and related such a emergency situation of women's physical health, rape, incest and genetic diseases. The Criminal Law regulates the mother's act of abortion and the doctor's surgical performance of abortion. The Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. Many people tend to abuse of abortion even though they are fully aware of its illegality. The law lead to be inconsistent with its enforcement. In this paper, I would like to suggest some proposals about the legal analysis of the Abortion Regulations th reform the existing regulation and increase th effectiveness of the regulations. Recently, in a case of the a maternity hospital where a midwife left alone a diabetes pregnancy women who had a baby, and the overweight baby(5.2Kg) died in the uterus due to hypoxic states. Supreme Court of Korea 2007.6.29. 2005do3832) had given a verdict of "not guilty". It looked like there were very fair with current crime law. But, we want this case to be investigated if there weren't any logical contradictions as well as concurrent translation within Constitution Law. Now the Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. But this law does not include social and economic grounds.

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Research on criminal policy measures for the prevention and management of infectious diseases: Focusing on Mers (감염병 예방관리를 위한 형사정책적 대응에 관한 연구: 메르스를 중심으로)

  • Suh, Kyung-Do;Choi, Jung-Il;Choi, Pan-Am
    • Journal of Industrial Convergence
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    • v.18 no.6
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    • pp.9-17
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    • 2020
  • COVID19 is causing many fundamental phenomena all over the world. Since January 2020, the number of confirmed medical examinations has increased significantly worldwide, and the medical systems in each country have become paralyzed. South Korea has taken a proactive approach and is doing well, befitting the name K-Peace Prevention. However, it can be said that there is still a lack of awareness of legal and administrative limits. In this study examines the shortcomings and limitations of the laws relevant to the current infectious disease prevention and management systems from the perspective of criminal policy based on the "Infectious Disease Control and Prevention Act," and comparatively analyzes the laws in advanced countries to propose effective and practical criminal policy response measures for the prevention and control of infectious diseases.

Russian and Foreign Experience in Implementing Departmental Control and Prosecutor's Supervision when Verifying Crime Reports

  • Ivanov, Dmitriy Aleksandrovich;Moskovtseva, Kristina Andreevna;Bui, Thien Thuong;Sheveleva, Kseniya Vladimirovna;Vetskaya, Svetlana Anatolyevna
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.299-303
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    • 2022
  • The article examines the stage of verification of a crime report from the standpoint of the need for its legislative regulation. Moreover, it investigates the international experience in this field. The existing procedural models are described in detail on the example of the neighboring and faraway countries. An analysis of the provisions of the current criminal procedure law of Russia and foreign experience allowed the authors to identify existing problems in the implementation of departmental control and prosecutorial supervision at the stage of verifying a crime report. The aim of the study is to develop theoretical provisions and recommendations regarding the implementation of departmental procedural control and prosecutorial supervision over the activities of the investigator during the verification of reports of crimes, based on the study of experience, both in Russia and in a number of countries of the near and far abroad, which could find their reflection in law enforcement practice, as well as aimed at improving the current criminal procedure legislation. The authors substantiated the theory that a detailed examination of the foreign procedural foundations of checking a crime report will allow us to form the most suitable model for checking a crime report for our state, taking into account all possible features and successfully implement it into the current criminal procedural law of the Russian Federation.

International Legal Measures of Protection of Critical Infrastructure Facilities in Banking Sphere

  • Oleg, Batiuk;Oleg, Novikov;Oleksandr, Komisarov;Natalia, Benkovska;Nina, Anishchuk
    • International Journal of Computer Science & Network Security
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    • v.22 no.10
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    • pp.145-154
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    • 2022
  • Based on the obtained results of the study, the most problematic issues and legal conflicts are identified, which are related to the ratio of norms of domestic and foreign legislation, taking into account the requirements of the Constitution of Ukraine and the provisions of the Law of Ukraine "On international agreements". Along with this, it is stated in this scientific article that there are a number of provisions and examples of positive practice on the specified topic abroad and in international legal acts today, which should be used by Ukraine both in improving legislation on the issues of banking activity and in increasing the level of criminal legal protection of relevant critical infrastructure facilities, especially those that are substantively related to prevention and counteraction of activity, with regard to the legalization (laundering) of criminally obtained funds, financing of terrorism and the financing of the proliferation of weapons of mass destruction, which is quite relevant for our state, given the military conflict that is taking place on its territory in the Donbass. Again, in the same context, the need for more active cooperation between Ukraine and the FATF (international body developing a policy to combat money laundering) has been proven.

Analysis of Steganography and Countermeasures for Criminal Laws in National Security Offenses (안보사건에서 스테가노그라피 분석 및 형사법적 대응방안)

  • Oh, SoJung;Joo, JiYeon;Park, HyeonMin;Park, JungHwan;Shin, SangHyun;Jang, EungHyuk;Kim, GiBum
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.32 no.4
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    • pp.723-736
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    • 2022
  • Steganography is being used as a means of secret communication for crimes that threaten national security such as terrorism and espionage. With the development of computers, steganography technologies develop and criminals produce and use their own programs. However, the research for steganography is not active because detailed information on national security cases is not disclosed. The development of investigation technologies and the responses of criminal law are insufficient. Therefore, in this paper, the detection and decoding process was examined for steganography investigation, and the method was analyzed for 'the spy case of Pastor Kim', who was convicted by the Supreme Court. Multiple security devices were prepared using symmetric steganography using the pre-promised stego key. Furthermore, the three criminal legal issues: (1) the relevance issue, (2) the right to participate, and (3) the public trial issue a countermeasure were considered in national security cases. Through this paper, we hope that the investigative agency will develop analysis techniques for steganography.