• Korean Security Journal
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• no.10
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• pp.293-322
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• 2005

The culpability of a person, as determined by due process of law, for any of his actions that are defined as criminal. Determination of such responsibility is a legal function, not a psychiatric one, although a psychiatrist may be called upon to present evidence to the court in order to aid the judge or jury in reaching a decision as to responsibility. Determination of responsibility varies with the laws of the state in which the accused is being tried, but in general all states base their laws on three famous judicial decisions concerning criminal responsibility. 1. the M'Naghten(McNaughton) rule(a. to establish such a defense the accused, at the time the act was committed, must be shown to have been laboring under such defect of reason as not to know the nature and quality of the act he was doing, b. if he did know it, he did or know that what he was doing was wrong). 2. the irresistible impulse test. 3. the Durham decision. Under the Durham test, however, the psychiatrist may give any relevant testmony concerning the mental illness at issue. The psychological and behavioral appearance of a person, in clinical psychiatry this term is commonly used to refer to the results of the mental examination of a patient. The written report of the mental status usually contains specific references to the following areas: I. Attitude and General Behavior (1)General health and appearance. (2)General habits of dress. (3)Personal habits. (4)General mood. (5)Use of leisure time. (6)Degree of sociability. (7)Speech. II. Attitude and Behavior during interview (1)Co-operativeness. (2)Poise. (3)Facial expression. (4)Motor activity. (5)Mental activity. (6)Emotional reactions. (7)Trend of thought. III. Sensorium, mental grasp, and capacity (1)Orientation. (2)Memory and retention. (3)Estimate of intelligence. (4)Abstraction ability. (5)Tests of absurdity, interpretation of proverbs. (6)Judgment.

• Analytical Science and Technology
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• v.29 no.6
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• pp.283-292
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• 2016

Conventional fingerprint powders used during crime scene investigations pose potential health hazards. Thus, multiple natural replacement powders, including squid ink powder, indigo and rice powder were used to develop (visualize) latent fingerprints on non-porous surfaces (e.g., glass, plastic and tile). Fingerprints developed using the natural powders were compared using the Automatic Fingerprint Identification System (AFIS) with those developed with traditional black powder. The peak areas of ridges were also compared using densitometric image analyses. Collectively, objective and quantitative evaluation methods were developed. The effectiveness of natural powders varied depending on the surface but, in general, squid ink powder performed well on most surfaces. Indigo powder performed well on tile surfaces, while rice powder performed well on glass surfaces. Plastic was the most difficult surface from which to develop fingerprints. Image analysis using Field Emission Scanning Electron Microscopy (SEM) demonstrated the importance of the size and shape of natural powder particles to properly adhere to the ridges. Although densitometric image analyses did not correlate the number of minutiae and ridge peak areas, an unbiased, objective evaluation method would be possible using image analyses with a reference image. Additional experimentation will yield safe and cost-effective natural powders with which adequate fingerprint development can be performed.

• Journal of Digital Convergence
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• v.11 no.9
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• pp.13-20
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• 2013

It was just over 20 years ago that the victim who had been seen as the forgotten man in criminal justice system for a long time started to participate in criminal proceedings and state his opinion. Other countries such as America and Japan provide crime victims with the opportunity to state freely about facts of damage as well as their opinions in criminal proceedings at present. However, Korea gives the victim the right of statement as a witness, though the statement of crime victim's opinion is the constitutional right. That is, as crime victims are not free from perjury they cannot actively state their views. Meanwhile, if the freedom of crime victims' statement is guaranteed in law and victims can state opinions with their own voice, victims' statement of opinion will help the victims treat and relieve their psychological damages. For these reasons, it is desirable that Korea, like the U.S. and Japan, gives crime victims the right to state their opinion without fear of perjury in criminal proceedings not as witnesses but as the aggrieved party.

• The Journal of the Convergence on Culture Technology
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• v.7 no.3
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• pp.59-69
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• 2021

The Moon Jae-in administration insisted on reforming the prosecution for the reform of power institutions, and also tried to control the power of the prosecution through the establishment of a high-ranking public officials criminal investigation office. Then, what is the direction of the legal prosecution reform? Above all, it is a logic to drastically reduce the power of the prosecution. How to shrink it? First, it is necessary to control or check the power of prosecution and investigation that the prosecution has. Second, the key to the reform of the prosecution is perhaps to separate personnel rights from power. In order to exclude external pressure from the prosecution's personnel rights, there must be no instruction or intervention from the attorney general. To do this, the prosecutor general must go through various personnel evaluations, such as multi-faceted evaluation. Third, the essence of the High-ranking Officials Criminal Investigations Act is to deal with crimes of prosecutors, judges, police, and members of the National Assembly. It is also the core of the institutional mechanism to cover the corruption of one's family members while holding all the right to investigate, prosecution, and warrant claims, and to check the omnipresent prosecutors who have abused their right to investigate for political purposes. Then, what is necessary for the success of the high-ranking officials criminal investigation office? Above all, We think political neutrality is very necessary. The Ministry of Airborne has a very high authority of the Director. This paper intends to examine the functions and roles of the prosecution and high-ranking officials criminal investigation offices to prevent corruption. We analyzed the contents of the prosecution and the public officials criminal investigation office, and examined the limitations and problems, and the measures to control corruption in public offices.

• Journal of Arbitration Studies
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• v.32 no.4
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• pp.53-85
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• 2022

Small and medium-sized enterprises ("SMEs") are vulnerable to trade secret misappropriation. Korea's legislation for the protection of SMEs' trade secrets and provision of civil, criminal, and administrative remedies includes the SME Technology Protection Act, the Unfair Competition Prevention Act, the Industrial Technology Protection Act, the Mutually Beneficial Cooperation Act, and the Subcontracting Act. Among these acts, the revised SME Technology Protection Act of 2018 introduced the "administrative technology misappropriation investigation system" to facilitate a rapid resolution of SMEs' technology misappropriation disputes. On September 27, 2021, Korea's Ministry of SMEs announced that it had reached an agreement to resolve the dispute between Hyundai Heavy Industries and Samyeong Machinery through the administrative technology misappropriation investigation system. However, not until 3 years and a few months passed since the introduction of the system could it be used to resolve an SME's technology misappropriation dispute with a large corporation. So there arose a question on the usefulness of the system. Therefore, we conducted a comparative legal analysis of Korea's laws enacted to protect trade secrets of SMEs and to address technology misappropriation, focusing on their legislative purpose, protected subject matter, types of misappropriation, and legal remedies. Then we analyzed the administrative technology misappropriation investigation system and the cases where this system was applied. We developed a proposal to enhance the usefulness of the system. The expert interviews of 4 attorneys who are experienced in the management of the system to check the practical value of the proposal. Our analysis shows that the lack of compulsory investigation and criminal sanctions is the fundamental limitation of the system. We propose revising the SME Technology Protection Act to provide correction orders, criminal sanctions, and compulsory investigation. We also propose training professional workforces to conduct digital forensics, enabling terminated SMEs to utilize the system, and assuring independence and fairness of the mediation and arbitration of the technology misappropriation disputes.

• Korean Journal of Culture and Social Issue
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• v.29 no.2
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• pp.253-273
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• 2023

This study was conducted to determine how analytic-holistic thinking style, one of the cultural characteristics, affects intentionality judgment and what role the crime typicality plays in the process. To this end, the psychological mechanism of intentionality judgment was confirmed in cases where the criminal typicality was manipulated by the moral characteristics of the crime perpetrator and victim. As a result, higher the criminal typicality lead to higher intentionality judgement. In addition, it was found that people with relatively holistic thinking style (with high causality and perception of change) judge less of the perpetrator intentionality. In particular, it was confirmed that the analytic-holistic thinking style interacts with criminal typicality and affects the intentionality judgment. Specifically, people with a holistic thinking style (high causality) judged the perpetrator to have high intentionality in typical cases, but judged in a reverse way in atypical cases. It means that, holistic thinkers, compared to analytic thinkers, strongly judge intentionality based on criminal typicality considering the moral characteristics of not only the perpetrators but also the victims. Along with the significance of this study, the relationships among analytic-holistic thinking style, criminal typicality and intentionality judgment were discussed.

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.47-79
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• 2019

The Korean Society of Law and Medicine has faithfully played the role of professional academic organizations last 20 years in terms of academic activities, accumulated achievements, diversity, professionalism, and influence on academic circles. The Korean Society of Law and Medicine and the Journal of Medical Law serve as a platform for academic information and exchange of opinions on medical law. Medical law began in the midst of increasing conflicts and disputes caused by medical malpractice and the enactment and legal coercion of medical care as pressure on medical workers. It tried to find a way to coexist with each other through the encounter and convergence of medicine and law. Medical criminal law extends from traditional crimes in the realm of life and body protection to bioethics violations caused by the development of biomedical technology, corruption and economic crime in the medical field. Medical law has evolved into a comprehensive legal area dealing with legal issues raised in medical treatment, healthcare, bioethics, and life sciences technology. On the legal side, medical law is not independent legal areas. It is overlapping with traditional law areas such as civil law, administrative law, criminal law, social law, civil and criminal procedure law. However, it is now established as a convergence study in medicine, bioethics, life science, as well as in various fields of law. It has become an area where collaboration is needed with the field of law, medicine, ethics, sociology and economics. Medical criminal law has undergone a dynamic development over the last two decades. The development of medicine and medical technology provides new and innovative methods of diagnosis and treatment. The achievements and risks of revolutionary developments in biotechnology, genetic engineering and medicine coexist. While there is a dazzling achievement that mankind has hoped for: combating disease and improving health, it also creates unwanted side effects and risks to humans. There is a need to reconsider ethical and legal principles. The discovery and development of patient identity and autonomy has changed the medical doctor-patient relationship. Furthermore, it was complicated by the triangle relationship of patients, medical doctors and insurance. Legal matters are also complicated. This is why the necessity of legislation is emerging. Criminal punishment provisions are also required. The Medical Law and Biomedical Law are systematically and coherently deformed as mosaic-based legislation that takes place whenever there are social issues, citizens' needs, and medical organizations' interests, rather than sufficient enactment and revision procedures. It needs a complete overhaul, and this is possible through interdisciplinary collaboration which is the strength of The Korean Society of Law and Medicine.

• Transportation Technology and Policy
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• v.8 no.2
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• pp.87-93
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• 2011

• Korean Architects
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• no.1 s.297
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• pp.14-15
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• 1994

• The Journal of the Korean dental association
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• v.13 no.4
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• pp.353-358
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• 1975