• The KIPS Transactions:PartD
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• v.16D no.2
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• pp.265-272
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• 2009

Although the various crime involved numerous digital evidence, the digital evidence is hard to be acknowledged as a evidence to proof the crime fact in court. We propose the method of verification for the legal admissibility of digital evidence using digital forensics ontology. In order to verify the legal admissibility of digital evidence, we will extend the digital ontology by standard digital forensics process from Digital Forensics Technical Manual defined by KNPA and set up the relation properties and the rule of property constraint to process class in the digital forensics ontology. It is possible for proposed ontology to utilize to plan the criminal investigation and to educate the digital forensics.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.23 no.2
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• pp.273-277
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• 2013

Recently, according with a sudden increase of records produced and stored by digital way, it becomes more important to maintain reliability and authenticity and to ensure legal effect when digital records are collected, preserved and managed. On the basis of domestic legal procedure law and record management-related legislation, this paper considered judicial admissibility of evidence on electronic records managed by National Archives of Korea and drew potential problems when these are submitted to court as a evidence. Also, this paper suggested a plan applying digital forensics technique to electronic records management to ensure admissibility of evidence about electronic records stored in National Archives of Korea.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.32 no.3
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• pp.217-246
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• 2021

This study aimed to analyze the quality concepts and requirements of digital records as evidence and to find an implication to develop requirements for trusted digital records with securing authoritative qualities. To this end, this study compared requirements of records domain linking records process, records metadata and records systems with judicial domain on digital evidence, and identified the records requirements to secure the legal admissibility linking records and judicial domain. This study analyzed the relationship of quality concepts between digital records and digital evidence, found the legal admissibility is highly related to the reliability, and derived that it needs the measure to secure the reliability at the stage of records creation and capture. To prove authenticity of digital evidence, this study identified importance of records process, records metadata and records system, and proposed the necessity of measurement to secure records' evidence.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.18 no.6A
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• pp.163-177
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• 2008

As many companies are considering to use server virtualization technology to reduce cost, the crime rates in virtual server environment are expected to be increasing rapidly. The server virtualization solution has a basic function to produce virtual machine images without using any other disk imaging tools, so that investigating virtual servers are more efficient because the investigator only has to collect the virtual machine image and submit it to the court. However, the virtual machine image has no admissibility to be the legal evidence because of security, authenticity, procedural problems in collecting virtual machine images on virtual servers. In this research, we are going to provide requirements to satisfy security, authenticity and chain of custody conditions for the admissibility of the virtual machine image in server virtualization environment. Additionally, we suggest definite roles and driving plans for related organizations to produce virtual machine image as a admissible evidence.

• 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 Korea Contents Association
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• v.6 no.5
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• pp.153-160
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• 2006

Recently, digital imaging is frequently used by crime scene investigators. However, the admissibility of digital photographic evidence in court is often raised because of the fact that digital photographs are more easily modified than film-based photographs. Therefore, in this article, the researcher reviewed some basic theories and legal considerations related with police crime scene investigations in Korea and The United States. This article is presented in the hope of clearing up some of the possibilities of falsifying photographic evidences and in the hope of setting the strict the rules of evidence regarding digital evidence in this county.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.26 no.1
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• pp.135-152
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• 2016

Because of the evolution of mobile devices such as smartphone, the necessity of mobile forensics is increasing. In spite of this necessity, the mobile forensics does not fully reflect the characteristic of the mobile device. For this reason, this paper analyzes the legal, institutional, and technical considerations for figuring out facing problems of mobile forensics. Trough this analysis, this study discuss the limits of screening seizure on the mobile device. Also, analyzes and verify the mobile forensic data acquisition methods and tools for ensuring the admissibility of mobile forensic evidence in digital investigation.

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

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