• Analytical Science and Technology
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• v.20 no.2
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• pp.155-163
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• 2007

Porosity paper evidence is encountered in case of forgery, kidnapping, fraud and terrorist activity. The present study was designed to evaluate the effect of three chemical reagents (Ninhydrin, 1,8-diazafluoren-9-one (DFO), Iodine fuming) to the quality of developed latent fingerprints on porosity printing papers and newspaper. In case of printing papers, print quality was better with Iodine fuming method than Ninhydrin and DFO treatment to developing latent fingerprints. Developing latent fingerprint on newspapers was achieved with Iodine fuming processing. The processing of Iodine fuming followed by DFO and by using blue light (orange red filter) exhibited better results with Iodine fuming. Enhancement of latent fingerprint detection image using Digital Imaging System was achieved.

• The Korean Society of Law and Medicine
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• v.19 no.1
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• pp.113-142
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• 2018

In recent years, there have been opinions in which physicians are liable to the revocation of their medical license if they are sentenced to above a certain level for criminal charges regardless of the types of offenses. Accordingly, a revised bill of law was submitted in the National Assembly, and related discussions are thus expected to commence. Considering the morality and ethics or the level of the rule of law that the general public expects of physicians, as well as the license revocation system in other professional sectors, it is assessed that medical license revocation due to criminal convictions of physicians is appropriate to some degree. However, if a poorly devised system is established based on unrefined inferences or emotional judgements, unexpected side-effects are likely to arise. With regard to serious criminal acts that society generally perceives as unacceptable, it can be assessed that the revocation of physicians' licenses would appropriately protect the general public from threats. However, given the life-saving characteristics of high-risk medical practices, higher malpractice exposures, and social values, it is difficult to assess charges of professional negligence resulting in death(or in injury) and minor offences in the same manner as anti-social criminal offences are handled. Physicians need to be treated the same as any other professions. At the same time, they are engaged in administering medical treatment to patients in the face of great risks as professionals. Under the circumstances, a discussion on the introduction of a more specific and empirical system is needed by considering the intrinsic characteristics of medical treatment and the need for an equitable health and medical policy. Accordingly, based on the above judgment and perception, this study explores the code of ethics for physicians and medical license revocation related to criminal offences at home and abroad, and examines various legislative alternatives appropriate for the Republic of Korea. In doing so, the purpose of the study is to contribute to the development of a reasonable system for handling criminal offences by physicians.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.3-28
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• 2016

While product liability has been settled as a technical term in civil law, criminal law does not commonly accept technical term for it. Not like civil law, product liability in criminal law point outs individual responsibility and disability of normative order. Meaning that causation between individual's action of violation of duty and the result of danger of legal interest or infringement of legal interest must be proved. In criminal law excluding "non-result-constituted crimes (Unternehmensdelikt)", charge of injuring, accidental infliction of injury, homicide or involuntary manslaughter is problematic in product liability. Of course, it is necessary to distinguish whether the action related to the outcome is act or ommission. Also the causal relationship between the action and the result must be proved, and the intention or negligence should be recognized. In this paper, it analyzes cases that were problematic in Korea, Germany, Spain, etc. Mainly focusing on the problems revealed in the determination of causal relationship, especially recognizing criminal liability related to products. Furthermore it is followed by the view of reviewing the cause-and-effect relationship by 2 steps, dividing natural scientific causation and the normative causal relationship. In this process, to acknowledge criminal product liability in accordance with recognizing cause-and-effect relationship, there should be general risk of specific substance causing the outcome. This only premise can be meaningful to examine the casual relationship from specific cases. As it shows in some cases and theories, it is not contradicting general law of cause and effect by determining specific causal relationship by free evaluation of evidence if a general causal relationship does not exist. Also since judge's testimony does not hold a dominant position from rule of thumb, it is possible to recognize specific causal relationship. However this paper takes position that if there is no objective and reasonably undeniable cause and effect law. If there is no objective and reasonably undeniable causal law, which is the premise for recognizing concrete causal relations, judge should sentence guilty according to "in dubio pro reo" principle. In addition, it is not allowed for the defendant to burden unproven fact by free evaluation of evidence which has an effect of shift of burden of proof.

• Korean Journal of Culture and Social Issue
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• v.26 no.1
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• pp.25-45
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• 2020

Intentionality judgement in criminal cases is a core area of fact finding that is root of guilty and sentencing judgment on the defendant. However, the third party is not sure the intentionality because it reflects subjective aspect of agent. Thus, mechanism behind intentionality judgment is an important factor to be properly understood by the academia and the criminal justice system. However, previous studies regarding intentionality judgment models have shown inconsistent results. Mental-state models proposed foreseeability(belief) and desire of agent at the time of the offence as key factors in intentionality judgment. These factors consistent with central things on intentionality judgment in criminal law. However, key factors in moral-evaluation models are blameworthiness of agent and badness of outcome reflected on the consequent aspect of act. Recently, deep-self concordance model emerged suggesting important factors on intentionality judgment are not mental states and moral evaluations but individual's deep-self. However, these models are limited in that they do not consider the important features of criminal cases, that the consequence of the case is inevitably negative, and therefore the actor who is a party to legal punishment rarely expresses his or her mental state at the time of the act. Therefore, this study suggests that, based on the existing intentionality judgment studies and the characteristics of the criminal case, the inference about who the agent was originally will play a key role in judging the intentionality in the criminal case. This is the moral-character model. Futhermore, In this regard, this study discussed what the media and criminal justice institutions should keep in mind and the directions for future research.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.9 no.5
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• pp.115-121
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• 2009

Today, many studies are conducted on searching for criminals in railroad stations using intelligent surveillance system. In the 1st stage, this study conducted a simulation of the system which searches for a criminal using a DB containing information on former convicts (DB on high risk former convicts), when a crime has taken place in a railroad station. Then, in the 2nd stage, this study has developed a simulation that can search for people who is wearing the same color clothes as the criminal and are found near the station, once the color of clothes of the criminal has been entered.

• KIPS Transactions on Computer and Communication Systems
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• v.2 no.5
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• pp.223-230
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• 2013

With the rapid development of IT technologies, many people talk to each other in real time on-line using messenger or use the messenger to share files for work. However, using this convenience, phishing crimes occur: e.g. demanding money, and if a criminal uses a bypassing technique like proxy in order to hide the IP address the criminal has used to log on, it is in fact, difficult to find the criminal's real IP address. This paper will propose a plan to measure against messenger phishing that may occur in advance by collecting the IP address with which a user has used in a dual channel mode and the real IP address obtained by ARIT Agent using ARIT technique, going through a separate identification process and deciding whether the user has accessed in a normal method.

• Journal of Information Technology Services
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• v.15 no.2
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• pp.35-49
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• 2016

With the gradual development of IT technology, voice phishing victims are increasing in number. In the past when only voice phone calls were made, personal information or financial information were stolen mainly by a direct phone call, but recently, as smart phones are widely in use, it is evolving into a way such as smishing that leads an access to a site with malicious codes spreading out. Since it is easy to run away after committing a crime, and trace are rarely left in case of voice phishing, it is difficult to find out criminal. In addition, it is most likely that a victim be would be exposed to further damage from another voice phishing. Its technique is growing in kinds and turning more intelligent day by day; Therefore, its victims are increasing in number. Previous researches mainly focused the area of legal studies while the factors exposed to voice phishing have not been made. Therefore, this study has analyzed the motifs in which voice phishing is done to draw out its outcomes as follows. First, a victim comes to trust the criminal by the factors of favorability, rare message, and mutuality. Second, the more sophisticated the technique of a criminal, the more likely a victim is exposed to voice phishing.

• Journal of the Institute of Electronics and Information Engineers
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• v.51 no.6
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• pp.143-151
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• 2014

Recently, as smartphones are widespread, a variety of user's information is created and managed in smartphones. Especially the location information can show the user's position at a specific time and the user's area of interest, which could be very useful during criminal investigation. Although the location information plays an important role in solving the crimes such as serial murder, rape and arson cases, there is a lack of research on location information for digital forensics. In this paper, we analyze the location information from logs, images, and applications on android, and we suggest the integrated model for analyzing location information. The proposed model may be useful in criminal investigation by improving the efficiency of data analysis and providing information about a criminal case.

• The Korean Society of Law and Medicine
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• v.8 no.1
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• pp.215-234
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• 2007

The mission of the doctors is to take care of human life, body and health through the medical behaviors such as diagnosis and treatment. Under this job propensity, the doctors have care duty to take the best actions required to prevent the risk according to the patients' specific disease status. Such care duty of the doctor may be evaluated based on the medical behavior level at the medical institution and clinical medical study field. Such medical level should be understood in the normative level, considering the treatment environment, condition and specialty of the behavior, because it means the medical common sense known and acknowledged to the normal doctors. While the criminal suit requires the evidence for no doubt conviction, the civil suit requires more eased different standard. The results between the criminal and civil sentence may be different, because the confirmed former case may lead to long-term imprisonment and even death penalty, while the latter case puts only monetary penalty on the defeated party.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.165-181
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• 2014

Advertisements and labels provided by businesses are highly likely to contain false or exaggerated content because of the business's purposes. In these cases, it is difficult to deliver proper information to consumers, and regulation is necessary to some extent. In particular, information delivery is more important in the health medical and biotechnology areas than any other because of their specialized characteristics. The Fair Labeling and Advertising Act regulates ordinary content for labels and advertisements, while individual laws stipulate regulations for false or exaggerated advertisements and labels. Criminal law might apply in fraud cases depending on their characteristics. Therefore, consistency is needed among criminal fraud laws and regulations, the Act on Fair Labeling and Advertising, and legal punishment. However, a review of all these laws found that there is no such consistency. Accordingly, this paper asserts the need for improvement in this area.