• Title/Summary/Keyword: confiscation

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The problem point and improvement program of the scene confiscation search of digital evidence at practical affairs (실무상 디지털증거의 현장압수수색 문제점과 개선방안)

  • Kim, Yong-Ho;Lee, Daesung
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2013.10a
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    • pp.118-122
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    • 2013
  • Currently, under being related with confiscation method of digital store medium from the court of justice, "the sorting confiscation method of principle, the exceptional medium confiscation method" from in section3 no.106 of the criminal procedure code disregard the actual fields of investigation. What is more, there are many difficulties to execute cases by observing this for the achievement of confiscation purpose. At this point, I present the problems of the present confiscation search method and the desirable scene confiscation search method and the improvement program under the new technology circumstance.his is an example of ABSTRACT format.

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The problem point and improvement program of the scene search and seizure of digital evidence at practical affairs (실무상 디지털증거의 현장압수수색 문제점과 개선방안)

  • Kim, Yong-Ho;Lee, Daesung
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.17 no.11
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    • pp.2595-2601
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    • 2013
  • Currently, under being related with confiscation method of digital store medium from the court of justice, "the sorting confiscation method of principle, the exceptional medium confiscation method" from in section3 no.106 of the criminal procedure code disregard the actual fields of investigation. What is more, there are many difficulties to execute cases by observing this for the achievement of confiscation purpose. At this point, I present the problems of the present confiscation search method and the desirable scene confiscation search method and the improvement program under the new technology circumstance.

A Study on Forensic Integrity Proof Standard a Cellular Phone Confiscation Criminal Investigation (휴대폰 압수수색 표준절차와 포렌식 무결성 입증)

  • Lee, Gyu-An;Park, Dae-Woo;Shin, Young-Tae
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.33 no.6C
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    • pp.512-519
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    • 2008
  • The proof of a cellular phone used to a crime important data of a criminal investigation and legal judgment become. A lot of on a process use the file format that do not become that is kind of various cellular phones and model pipe, and collect criminal proof, and to analyze be difficult. Also, standardization is not made, and can be adopted on procedures from confiscation search processes regarding a cellular phone to integrity extractions of Forensic data in courts in the confiscation criminal investigation spots. Standardize confiscation search procedures of a cellular phone at these papers. Use a radio waves interception envelope and radio waves interception device for a movement which a security does integrity of criminal on-site cellular phone confiscation search data by standard procedures, and was devoted to. Analyze corroborative facts of a cellular phone seized, and verify integrity, and present problems regarding cellular phone confiscation search procedures and measures, and will contribute in development of Mobile Forensic through integrity damage experiment.

A Study on Land Ownership and Use in North Korea After Uification (통일 후 북한지역에서의 토지소유 및 이용에 관한 연구)

  • 최상철;이영성
    • Journal of the Korean Regional Science Association
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    • v.14 no.2
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    • pp.1-33
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    • 1998
  • Whereas previous researches on land policy after unification dealt with principally the problem of land confiscation under the communist reign, this research tried to propose a scheme of long-term land reform which was based on case studies on ex-socialist societies' experiences during their transformation, analysis on North Korea's institution related to land ownership and use. To reform North Korea's land ownership and use by the principle of market economy, North Korean should accumulate their commencing asset necessary for private ownership of land and housing. Therefore much focus should be put on the accumulation of the commencing asset at the early state of unification. On the extension of that line, the government of the Unified Korea should try to solve the problem of land confiscation by the communist party and land privatization in the region of North Korea. For the purpose, gradual land reform is more desirable than rapid one according to the case studies on ex-socialist societies. The government should avoid policies than can result in serious fiscal burden. Active participation of local government is highly recommendable in land tax and development. On the direction of land policy, this research proposed a four step long-term scheme of land reformation in North Korea. However, later researches should put more Korea. However, later researches should put more emphasis to the unification of land institution of North and South Korea which this research couldn't deal with sufficiently.

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Virtual currency and confiscation

  • Lee, Ju-Il
    • Journal of the Korea Society of Computer and Information
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    • v.23 no.5
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    • pp.41-46
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    • 2018
  • This study focuses on the legal concept of virtual money, focusing on the case of how we can change the framework of fixed thinking about our trade concept and money with the fourth industrial revolution. The legal character of the virtual money, which played a role as a means of trading in crime, could be discussed, and the court could put it in the category of " property " as a subject of confiscation. Many people are expressing empathy for the fact that there will be many traits in the future world that are difficult to predict. At this side, when the legal validity of the advantage is not recognized as the legal money yet to be recognized as the legal currency, it begins to be discussed as a necessary means of trading between individuals, businesses and individuals. Defining a legal character can be very significant in determining policy direction related to future operations of virtual money. But to date, it is very difficult to establish the legal character of virtual money through existing legislation. Therefore, as we looked at in this case, we examined whether the property was subject to the seizure of the profits from the crime. Attention was also given to the possibility of such abuse of virtual money and whether effective legal interpretation was possible for the categories of assets subject to seizure.

Privacy protection of seizure and search system (압수수색과 개인정보 보호의 문제)

  • Kim, Woon-Gon
    • Journal of the Korea Society of Computer and Information
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    • v.20 no.5
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    • pp.123-131
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    • 2015
  • Bright development of information communication is caused by usabilities and another case to our society. That is, the surveillance which is unlimited to electronic equipment is becoming a transfiguration to a possible society, and there is case that was able to lay in another disasters if manage early error. Be what is living on at traps of surveillance through the Smart phones which a door of domicile is built, and the plane western part chaps, and we who live on in these societies are installed to several places, and closed-circuit cameras (CCTV-Closed Circuit Television) and individual use. On one hand, while the asset value which was special of enterprise for marketing to enterprise became while a collection was easily stored development of information communication and individual information, the early body which would collect illegally was increased, and affair actually very occurred related to this. An investigation agency is endeavored to be considered the digital trace that inquiry is happened by commission act to the how small extent which can take aim at a duty successful of the inquiry whether you can detect in this information society in order to look this up. Therefore, procedures to be essential now became while investigating affair that confiscation search regarding employment trace of a computer or the telephone which delinquent used was procedural, and decisive element became that dividing did success or failure of inquiry whether you can collect the act and deed which was these electronic enemy. By the way, at this time a lot of, in the investigation agencies the case which is performed comprehensively blooms attachment while rummaging, and attachment is trend apprehension to infringe discretion own arbitrary information rising. Therefore, a lot of nation is letting you come into being until language called exile 'cyber' while anxiety is exposed about comprehensive confiscation search of the former information which an investigation agency does. Will review whether or not there is to have to set up confiscation search ambit of electronic information at this respect how.

The Legal Effect of Criteria for the Medical Care Benefits and The Illegality Determination on Violation of Criteria for the Medical Care Benefits on Outpatient Prescription - A Commentary on Supreme Court Judgment 2009 Da 78214 Delivered on March 23, 2013 - (요양급여기준의 법적 성격과 요양급여기준을 벗어난 원외처방행위의 위법성 -대법원 2013. 3. 28. 선고 2009다78214 판결을 중심으로-)

  • Hyun, Dooyoun
    • The Korean Society of Law and Medicine
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    • v.15 no.1
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    • pp.123-164
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    • 2014
  • Under the new system of 'Separation of pharmaceutical prescription and dispensing' in Korea, which was implemented in 2000, physician could not dispense a medicine, and outpatient should have a physician's prescription filled at a drugstore. After pharmacist makes up outpatient's prescription, National Health Insurance Service(NHIS) pay for outpatient's medicine to pharmacist, except an outpatient's own medicine charge. And NHIS only pay for outpatient's prescription fee to physician and, physician doesn't derive profit from dispensing medicine in itself. Nevertheless, if physician writes out a prescription with violation of 'Criteria for the Medical Care Benefits', NHIS clawed back the payment of outpatient's prescription and medicine from the physician or the medical institution which the physician belongs to. In the past, NHIS's confiscation was in accordance with 'the National Health Care Insurance Act, Article 52, Clause 1'. But, since 2006 when the Supreme Court declared that there was no legal basis on the NHIS's confiscation of outpatient's medicine payment, NHIS had put in a claim for illegal prescriptions on the basis 'the Korean Civil law, Article 750(tort)'. So, Many medical institutions filed civil actions against NHIS. The key point of this actions was whether the issuing outpatient prescriptions with violations of Criteria for the Medical Care Benefits constitute of the law of tort. On this point, the first trial and the second trial took different position. Finally the Supreme Court acknowledged the constitution of the law of tort in 2013. In this paper, the author will review critically the decision of the Supreme Court, and consider the relativeness between the legal effect of Criteria for the Medical Care Benefits and the constitution of the issuing outpatient prescriptions with violations of Criteria for the Medical Care Benefits as the law of tort.

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Overview of the Environmental Damage, Property Loss, and Health Impairment of Residents around a US Air Force Firing Range (미국 공군 사격장 지역주민의 환경, 재산 및 건강피해)

  • Lim, Hyun-Sul
    • Journal of Environmental Health Sciences
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    • v.37 no.3
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    • pp.173-181
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    • 2011
  • Koo-ni Firing Range in Maehyang-ri consisted of a firing range around 'Nong-sum' and a land-based firing range in the nearby coastal area. From 1951, when the US Air Force began field firing, residents of Maehyang-ri suffered damage to health, environment, life and property due to 54 years of field firing and noise. The purpose of this article is to provide an overview of the environmental damage, property loss, and health impairment by reviewing literature and related lawsuits. Environmental damage, the destruction of coastal fisheries and wetlands, would be a result of heavy metal contamination of soil. Fishing restrictions and the confiscation of farmlands caused financial hardship. Errant bombings led to the loss of life and property, including buildings and livestock. As a result, residents repeatedly sued the Republic of Korea for damages. The court decided partially in favor of the plaintiffs. Finally, Koo-ni firing range was closed down in 2005. Through the literature review, it is presumed that the noise caused hearing problems, hypertension, and mental illness. Since earlier studies were confined to a small fragment of the damage, additional studies focused on chronic health hazards are needed.

A Study on the Tooling of Money Laundering Using Cryptocurrency (가상화폐를 이용한 자금세탁 도구화에 관한 연구)

  • Song, Hye Jin
    • Journal of the Society of Disaster Information
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    • v.17 no.3
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    • pp.600-607
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    • 2021
  • Purpose: The purpose of this study is to examine the path of money laundering of criminal proceeds through cryptocurrency using criminal script analysis and to devise measures to prevent and prevent criminal justice agencies from doing so. Method: Based on the results of a prior study on the profit path of cryptocurrency through money laundering and criminal cases in Korea, the path of money laundering was analyzed using criminal script techniques. Result: Most of the cryptocurrencies that have been launched are converted into criminal proceeds, which are re-launched and cashed or have a vicious cycle of being used as criminal funds are used. According to the script, the route of money laundering is mainly converted to criminal proceeds from cryptocurrency exchanges using anonymity, which is repeated several times, making it very difficult to find the money using cryptocurrency in criminal justice institutions. Conclusion: As the method of money laundering using cryptocurrency is becoming more sophisticated, legal sanctions and preventive institutionalization should be prepared for the prohibition or confiscation of cryptocurrency transactions for money laundering after understanding the flow.

Review of the Revised 2019 Trade Secret Protection Act and Industrial Technology Protection Act : Focusing on Civil and Criminal Remedies (2019년 개정 영업비밀보호법 및 산업기술보호법에 대한 검토: 민·형사적 구제를 중심으로)

  • Cho, Yongsun
    • Korean Security Journal
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    • no.61
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    • pp.333-352
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    • 2019
  • In January and August 2019, there were amendments to the Unfair Competition and Trade Secrets Protection Act (UCPA) and the Industrial Technology Protection Act(ITPA). These amendments will contribute to technology protection. But these amendments need to be supplemented further. In the area of civil remedies, despite the introduction of treble damages in the case of the UCPA and ITPA, the provisions related to the submission of supporting data have not been maintained. Therefore, it is necessary to recognize the claim of the other party as true if it is maintained at the level of the revised Patent Act and the scope of submission of supporting data. And the enforcement of the case of compulsory submission for the calculation of damages, and the order of filing documents are not followed. ITPA, on the other hand, has introduced the compensation for damages, but there is no provision for estimating the amount of damages. Therefore, it is necessary to estimate the amount of lost profits, profits, and royalties. In the area of criminal remedies, both the UCPA and ITPA have raised the penalty, but the sentencing regulations are not maintained. In addition, although the recent outflow of technology has expanded beyond organizational deviations to organizational outflows, amendments need to be made in relation to the serious consequence for the punishment of related juristic persons, such as companies involved in it. It should be noted that Japan and the United States have corporate regulations and regulations. In addition, in relation to the confiscation system, Act on Regulation and Punishment of criminal proceeds concealment require that domestic defenses be confiscated by defense industry technology, while trade secrets and industrial technologies are confiscated only by "foreign" outflows, and an amendment is necessary.