• Korean Journal of Forensic Psychology
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• v.11 no.3
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• pp.267-285
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• 2020

The Statement evidence is an important method of proof in the criminal investigation and trial. Under certain conditions set by Korean Criminal Procedure Law, paper records of interrogations are admissible in criminal courts. However, it is shown that distortions are ever-present in paper records. Therefore, this study attempted to examine the effect of the investigator's belief about the veracity of a suspect on distortions of paper records. Ninety police investigators were randomly allocated into one of the three conditions('guilty belief', 'innocent belief', 'neutral belief'), and all the investigators were then asked to document a paper record while watching a prefilmed interrogation interview of the crime. The results showed that (1) the investigator's belief had significant effects on distortions. (2) All groups did more commissions than omissions. (3) matters subject to interrogation also had significant effects on distortions. In the conclusion, implications and limitations of the study were disscussed.

• Convergence Security Journal
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• v.22 no.3
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• pp.41-55
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• 2022

As the importance of technology protection is emphasized day by day, various protection measures are being carried out to protect technology. But attempts to leak technology are continuing. As an alternative to this, stronger punishment is socially required for technology leakage crimes. In response to these social demands, the standard for punishment has been steadily raised. Legislative bills containing additional reinforcement are still pending in the National Assembly. However, in order to substantially enhance the deterrence against crime, it is not enough to strengthen the punishment standards. The effect can only be fully exercised when the certainty of punishment increases. Therefore, this paper focused on seeking ways to increase the certainty of punishment under the current system rather than the reinforcement of the punishment itself. The purpose of this study was to derive the reason why the innocence rate in technology leakage criminal cases is higher than that of general criminal cases by analyzing cases and causes of innocent cases in technology leakage criminal cases. Based on this, I discussed improvement considerations to reduce unfair acquittal cases.

• The Korean Journal of Archival Studies
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• no.77
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• pp.109-150
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• 2023

Prior researchers interpreted the records of criminal cases involving the Progressive Party from a historical perspective. In marked contrast to existing trends, this study examines the Progressive Party case records through the lens of archival science. This study dissects the Progressive Party case records as a single and complete record group and at each stage of their life cycle from police investigation through criminal prosecution to trial. This approach enables a holistic analysis of archival characteristics of the records. This study begins with an appraisal of the nature and types of case records generated and maintained by the various agencies in light of the investigatory authorities delegated to each institution. This study then dissects the police, prosecution, and Counter Intelligence Corps records leading up to the indictment of Progressive Party members as well as the court records of the trial that followed. In particular, this study reveals the insufficiency and illegality of the evidence against the defendants in the Progressive Party case from an archival standpoint. Setting aside the admissibility or strength of the evidence under criminal law, the present study demonstrates that the records lack reliability, authenticity, and integrity-the fundamental attributes required for evidentiary efficacy of records from an archival standpoint.

• The Korean Journal of Woman Psychology
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• v.15 no.3
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• pp.447-468
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• 2010

This study examined whether aggression mediates the effects of seven sub-types of narcissistic personality on psychopathy. It hypothesized that some of narcissistic personality could affect aggression that, in turn, contributes to psychopathy. The sample of this study consisted of 864 college students (451 males and 413 females). The participants completed an assessment battery consisting of Narcissistic Personality Inventory(NPI), Aggression Questionnaire(AQ), and Self-Reported Psychopathy Scale(SRPS). According to the results, narcissistic personality and aggression variables affected psychopathy, and aggression predicted students' psychopathy. The effects of students' narcissistic personality on psychopathy were partly mediated by aggression. The research findings partly supported the hypothesis, and were discussed on gender differences in relation among sub-types of narcissistic personality, aggression, and psychopathy. The implications and limitations of this study were suggested.

• 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.

• Korean Journal of Culture and Social Issue
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• v.11 no.2
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• pp.47-71
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• 2005

The unexpected increase of violent crimes in Korea urges people to look for more dynamic explanations of criminal behavior other than sociological eugenics such as a struggle between social classes or assimilation to deviant social environment. In this study, criminal behavior is treated as personal matter according to the tradition of psychological theories of crime rather than sociological phenomenon. Furthermore, aggression is supposed to be one of the most basic dispositional characteristics of violent acts. Therefore, this study explored the relationship between aggression measured by BPAQ and criminality evaluated based on seriousness of criminal offenses. On the other hand, the cross-validity of BPAQ was also investigated since prevalence and expressive forms of violence is known to vary across cultures and even within a society. The variance analyses and causal modeling presented that BPAQ had satisfactory level of cross-validity and dispositional aggression measured by BPAQ might have causal effect on criminality of Korean offenders. Additionally, a theoretical internal structure of BPAQ had been confirmed to be reasonable by confirmatory factor analyses.

• Journal of Internet Computing and Services
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• v.24 no.6
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• pp.99-105
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• 2023

In the 4th industrial revolution, the field of criminal justice is paying attention to Legaltech using artificial intelligence to provide efficient legal services. This paper attempted to create a crime prediction model that can apply Recurrent Neural Network(RNN) to increase the potential for using legal technology in the domestic criminal justice field. To this end, the crime process was divided into pre, during, and post stages based on the criminal facts described in the judgment, utilizing crime script analysis techniques. In addition, at each time point, the method and evidence of crime were classified into objects, actions, and environments based on the sentence composition elements and the 8 principles of investigation. The case summary analysis framework derived from this study can contribute to establishing situational crime prevention strategies because it is easy to identify typical patterns of specific crime methods. Furthermore, the results of this study can be used as a useful reference for research on generating crime situation prediction data based on RNN models in future follow-up studies.

• Journal of Legislation Research
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• no.55
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• pp.167-191
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• 2018

Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.

• Korean Security Journal
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• no.13
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• pp.47-70
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• 2007

The criminal procedure is based upon two ideal values, or 'speedy trial and economy of litigation' and 'finding truth and guarantee of human rights', which are conflicting each other. The so called summary trial system, a simplified procedure through which a judge handles clearly obvious and minor offences in a quick and efficient manner, has its essential purpose of termination lawsuits promptly and freeing suspects or defendants from criminal procedure at the earliest possible moment. But its excessive emphasis on this purport is very likely to result in insufficient examination and inadequate protection of suspects' or defendants' rights. Therefore, the summary trial system needs a variety of safeguards to prevent these feasible - but undesirable - effects. From this point of view, we should objectively review the current summary trial system. The main object of this study is to investigate what problems the system has both in institution and in practice, and to suggest legal measures, including the abolition of it, to improve the simplified procedure. In conclusion, the summary trial system should be maintained because it has still more merits than faults. And these defects will be able to be overcome by reform measures ; for example, the introduction of the right to opt between the summary procedure and the formal trial, the abolition of detention and so on.

• Analytical Science and Technology
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• v.23 no.1
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• pp.89-96
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• 2010

In general, three types of fingerprints could be found at the crime scene: visible, plastic, and latent fingerprints. Examples of visible fingerprint include those made by blood, paint or ink. Plastic fingerprint are made from an impression of the finger on soft material as soap, wax, etc. Latent fingerprint are those of the invisible one to the human eye. Oil-contaminated fingerprints remained in the evidence, that are contaminated with the soybean oil, engine oil, lubricating oil or grease. Oil-contaminated fingerprints are special types of fingerprint evidence but the research for developing method regarding oil-contaminated fingerprints is a few. In this study, ultraviolet light source was employed for untreated oil-contaminated prints and the freeze-dry method with liquid nitrogen for freeze oil residue on the surfaces with sequence of developing oil-contaminated fingerprints with black and magnetic powders, cyanoacrylate (CA) fuming, Basic Yellow 40. The types of oil chosen for the experiment were soybean oil, LSA oil, engine oil and material surfaces selected for the experiment were glass, plastic aluminum plates. The aims of this study were to determine the appropriate developing methods for oil-contaminated fingerprints.