• Journal of Information Processing Systems
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• v.10 no.1
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• pp.1-22
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• 2014

Recent technological advances provide the opportunity to use large amounts of multimedia data from a multitude of sensors with different modalities (e.g., video, text) for the detection and characterization of criminal activity. Their integration can compensate for sensor and modality deficiencies by using data from other available sensors and modalities. However, building such an integrated system at the scale of neighborhood and cities is challenging due to the large amount of data to be considered and the need to ensure a short response time to potential criminal activity. In this paper, we present a system that enables multi-modal data collection at scale and automates the detection of events of interest for the surveillance and reconnaissance of criminal activity. The proposed system showcases novel analytical tools that fuse multimedia data streams to automatically detect and identify specific criminal events and activities. More specifically, the system detects and analyzes series of incidents (an incident is an occurrence or artifact relevant to a criminal activity extracted from a single media stream) in the spatiotemporal domain to extract events (actual instances of criminal events) while cross-referencing multimodal media streams and incidents in time and space to provide a comprehensive view to a human operator while avoiding information overload. We present several case studies that demonstrate how the proposed system can provide law enforcement personnel with forensic and real time tools to identify and track potential criminal activity.

• The Korean Society of Law and Medicine
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• v.14 no.2
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• pp.11-41
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• 2013

Article 347 of criminal law provides the act of deceiving another, thereby taking property or obtaining pecuniary advantage from another. On the other hand, the concepts of fraud and abuse are confused upon interpretation since the definition in National Healthcare Insurance Law is unclear, and it affects closely to the administrative measures such as surcharge levy by the period of inspection, therefore, the disputes continue in the forms of formal objection, administrative ruling and administrative litigation. This study aims to look over the legal problems on application of criminal fraud toward the abuse of 'Paid Medical Expenses(Article 57, Sections 1 and 4 of the National Health Insurance Act)'. The main issues are concept of abuse(Article 57, Sections 1 and 4 of the National Health Insurance Act), the problems of Directions of Health-Welfare Ministry on aspect of 'Nullum crimen sine lege' Principles, the proper sentenc-ing guidelines of fraud.

• Journal of Korean Institute of Fire Investigation
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• v.11 no.1
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• pp.23-30
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• 2008

Recently, police agency and social scientists' interest in the criminal profiling is increasing. Since serial killings had sharply increased during 1960s in U.S. the American law enforcement agency were pushed to solve those criminal incidents. Therefore, they drew various investigative techniques. But there are no study for the criminal profiling of arsonists. So, this paper reviewed prior studies on the arsonist's type and suggested how to apply this kind of basic information for investigating arson cases in Korea.

• Journal of the Korea Society of Computer and Information
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• v.20 no.9
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• pp.137-145
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• 2015

The Criminal Law of South Korea has needed to cope with new kinds of crimes such as the fraud by use of computer efficiently in a legislative way because the society has witnessed the rapid progress of the industrialization and informatization after established in 1953. As a result, the Criminal Law revised on December 29, 1995, created the regulations of the crimes related to fraud by use of computer, work disturbance, and secret piracy by using information processing units. The regulation stipulated in Clause 347, Article 2 of Criminal Law is the most typical one against the new crimes. However, the new regulation of fraud by use of computer, established and revised to supplement the lacking parts of the current rules of the punishment of fraud, limits its object to "any benefits to property." not to "property" itself, and so cannot achieve the purpose of the revision of the law. This paper aims to suggest a new legislative measure about the object of the regulation of fraud by use of computer to solve this kind of problem efficiently.

• Journal of Auto-vehicle Safety Association
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• v.15 no.3
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• pp.7-16
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• 2023

In 2019, a child died by a school zone traffic accident in Asan, Chungcheongnam-do, the Republic of Korea. Just after the accident, under the name of the "Minsik Law", the Road Traffic Act and the Specific Crime Aggravated Punishment Act were partially revised and went into effect in Korea on March 25, 2020. The new Korean law providing for harsh penalties is designed to reduce automobile accidents in school zones. However, the penalties under the new law seems to be unconstitutionally and unduly harsh. Under the new law, a negligent driver who kills a child at a school zone could be sentenced to indefinite imprisonment, or imprisonment for 3 years or more. The criminal responsibility of a negligent driver at a school zone is the same as serious intentional felonies such as rape, robbery, abandonment resulting in death. Also, even in the case of a school zone accident, if an accident driver complies with the speed limit and other traffic laws and it is impossible to avoid the accident, the driver should not be punished. So, in order to meet the principle of proportionality, the new Korean law should be revised again. In order to find out the appropriate level and punishment method for drivers who cause accidents in school zones, this thesis will compare and analyze the laws of Korea with those of the United States, Germany, and Japan. This paper also reviews the decision of the Constitutional Court of the Republic of Korea in February 2023 that the "Minsik Law" was constitutional. Based on these analyses, this thesis seeks the direction and amendments to properly revise Korean law. In addition, this thesis is intended to present exemplary measures to improve the school zone safety.

• International Commerce and Information Review
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• v.19 no.3
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• pp.197-214
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• 2017

It requires professional knowledge and much time to judge intellectual property rights infringement. The duties of customs administration are the balance between the propositon of trade facilitation through rapid clearance and the thesis of social security through exact examination. There is a view that the criminal procedure law control is necessary to the goods inspection of clearnce procedure if it is related to crimianl investigation. However, it seems that the customs law does not consider the goods inspection investigation as the investigation under judicial control, but only the mere administrative investigation. It can be said that the inspection of goods by customs law functioning as a clue of investigation is confined to the ordinary goods inspection, including the screening test. Searching for specific articles by specific informaition should be under the control of criminal procedure law because it constitutes the commencement of criminal investigation in criminal cases. This interpretation could be an opportunity as a harmonious operation between the goods inspection of customs clearance and the search and seizure of criminal procedure.

• Journal of the Korea Society of Computer and Information
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• v.18 no.6
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• pp.111-120
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• 2013

Recently, in the cyberspace, the posts that have only insults and abuses without the fact are getting spread rapidly as a trend, it makes the damage to people also, and the social concerns have been raised about its phenomenon. Meanwhile, because of the insulting actions that performed in cyberspace, the results of infringement of personal rights conditions getting difficult to repair. Also, it is difficult to find who the person who acts as a perpetrator is. So, it is hard to report a crime or sued for damages, also, it is really difficult to deal with a criminal contempt. Also, cause of a lot of deficient areas, the Cyber Insult Crime act is need and strengthened penalties or Mitigation about the crime subject to victim's complaint are need. However, give the criminal penalties to criminal is sufficient. So, to construct a new special criminal law, it is not advisable. Thus, governed by the Criminal Code Section 311 is preferably.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.435-459
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• 2014

Supreme Court of Korea has been mitigating the burden of proof on the malpractice and causal relation by a patient in accordance with the practical transfer of such burden of proof on causal relation as well as relieving a doctor's burden of proof on mistake in the civil damage claim suits on the malpractice. However, a prosecutor shall strictly prove the causal relation between malpractice and unfavorable results as well as a doctor's mistake in the criminal cases for making a doctor accept the professional negligence resulting in death or injury in accordance with In Dubio Pro Reo principles. Furthermore, it shall not be allowed to relieve the burden of proof on malpractice and causal relation which has been frequently applied in the civil proceedings. Nevertheless, it was widely known that the front-line courts accepted the malpractice and causal relation by quoting the legal principles on relieving the burden of proof on malpractice and causal relation applied in the civil cases even in criminal cases with no or insufficient proof on malpractice or causal relation. However, the latest precedents in Supreme Court explicitly declared the opinion that there was no reason to apply the legal principle to relieve the burden of proof on the malpractice and causal relation in the criminal cases requiring the proof 'which doesn't cause any reasonable doubt' on malpractice and causal relation in accordance with the legal principles 'favorable judgment for a defendant in case of any doubt' on the basis of the strict principle of 'nulla poena sine lege.' Accordingly, Supreme court definitely clarified that there would be no reason to relieve the burden of proof on malpractice and causal relation in criminal cases by reversing several original judgments accepting malpractice and causal relation even though there were no strict evidence.

• 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.

• 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.