• Title/Summary/Keyword: criminal

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Director's Self-Dealing and Criminal Liability (주식회사(株式會社) 이사(理事)의 자기거래(自己去來)와 형사책임(刑事責任))

  • Lee, John-Girl;Kim, Pyung-Key
    • The Journal of the Korea Contents Association
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    • v.9 no.9
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    • pp.210-217
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    • 2009
  • Discussions about unfavorable acts of corporations in managing activities include many legal considerations. In general cases, first of all, legality of the given acts should be verified. If they are judged to be illegal in their procedures, whether it is possible to assert nullification for the acts by the corporation law or not should be examined. Next, the claim for damages against the actors should be considered. After that, whether the actors have criminal liability or not should be discussed. In this case, it is difficult and complicated to judge what clauses of the Criminal Code in the substantive law apply to the unfavorable acts. when the director's business judgement in the long run causes the corporation to be unprofitable or suffer damage, the Question of whether criminal punishment can be imposed on the director is a very important one requiring careful consideration.

Public Perception of a Criminal DNA Database in Korea

  • Lee, Ji Hyun;Cho, Sohee;Kim, Moon Young;Lee, Seung Hwan;Lee, Hwan Young;Lee, Soong Deok;LoCascio, Sarah Prusoff;Jung, Kyu Won
    • Asian Journal for Public Opinion Research
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    • v.7 no.2
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    • pp.75-93
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    • 2019
  • Background: Since 2010, Korea has maintained a DNA database of those convicted of or awaiting trial for certain crimes. There have been proposals to expand the list of crimes included in this database, or conversely, omit certain crimes if they are committed during protests. An understanding of the feelings of the public as we consider the ethical, legal, and social aspects of a DNA database and as revisions to laws are made is required. Methodology: Questions related to the DNA database were included in the nationally representative Korean Academic Multimode Open Survey (KAMOS) panel (June-August 2016). Results: Of 2,000 randomly selected panel members, 1,013 respondents participated in this survey, including 89.2% who supported the existence of a criminal DNA database. The current system of storing DNA profiles until a suspect's acquittal or a convict's death was supported by 79.5% of respondents. In addition, 70.8% of respondents agreed with the expansion of crime categories included in the criminal database. Many (93.4%) respondents favored genetic testing and data storage to determine the identity and cause of death for people who die of unnatural causes. Some differences in attitude related to social class were noted, with those who self-identified as members of the upper class more likely to support the database and its expansion to include additional crimes than those who self-identified as middle or lower class. Conclusion: Our findings suggest that Koreans generally support the criminal DNA database.

Video Data Collection Scheme From Vehicle Black Box Using Time and Location Information for Public Safety (사회 안전망 구축을 위한 시간과 위치 정보 기반의 차량 블랙박스 영상물 수집 기법)

  • Choi, Jae-Duck;Chae, Kang-Suk;Jung, Sou-Hwan
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.22 no.4
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    • pp.771-783
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    • 2012
  • This paper proposes a scheme to collect video data of the vehicle black box in order to strengthen the public safety. The existing schemes, such as surveillance system with the fixed CCTV and car black box, have privacy issues, network traffic overhead and the storage space problems because all video data are sent to the central server. In this paper, the central server only collects the video data related to the accident or the criminal offense using the GPS information and time in order to investigation of the accident or the criminal offense. The proposed scheme addresses the privacy issues and reduces network traffic overhead and the storage space of the central server since the central server collects the video data only related to the accident and the criminal offense. The implementation and experiment shows that our service is feasible. The proposed service can be used as a component of remote surveillance system to prevent the criminal offense and to investigate the criminal offense.

A Study on the Criminal Justice Rehabilitation System of Sweden (스웨덴 법무보호복지제도 연구)

  • Kwon, Joon-Sung;Gong, Jung-Sik;Hyun, Mun-Jung
    • The Journal of the Korea Contents Association
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    • v.22 no.10
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    • pp.506-514
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    • 2022
  • The method of suppressing recidivism through punishment centered on punishment is showing limitations through criminal policy research in many countries. As an alternative to this, a restorative judicial law aimed at returning criminals to members of society through reconciliation and coordination of community members, victims, and perpetrators is emerging as a paradigm for crime prevention and recidivism. Sweden is a representative welfare state and is confirming positive effects through correction of criminals based on restorative justice. In addition, it has a stable system related to the legal protection welfare system, and maintains a low recidivism rate and social security through scientific and reasonable operation using evidence-based principles in the evaluation and certification process of operating programs. However, research on the legal protection system implemented in advanced welfare and correctional countries, including Sweden, is still insufficient in Korea. Therefore, this study aims to explore the direction of the domestic legal protection system through a review of Swedish criminal policy and legal protection system, and to identify insufficient areas and complementary points of the domestic system to lay the foundation for improving the domestic legal protection welfare system and expanding business.

Some hair mineral contents of non-violent criminal and normal control (건강인(健康人)과 비폭력(非暴力) 범죄자(犯罪者)의 두발(頭髮)중 일부 금속원소(金屬元素) 함량(含量))

  • Hong, Sung-Cheul;Kim, Doo-Hie
    • Journal of Preventive Medicine and Public Health
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    • v.26 no.1 s.41
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    • pp.110-125
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    • 1993
  • This study was designed to determine whether non-violent criminal and normal control on the basis of concentration of levels of trace mineral and toxic metal by analysis of human scalp hair. The subjects were selected 87 nonviolent criminal from a prison population and 120 normal control from periodic health checks for study. Hair samples were taken from the napes and Minnesota Multiple Personality Inventory (MMPI) was performed also. Five trace mineral (Zn, Cu, Mg, Fe, Na) and two toxic metal (lead, cadmium) contents were determined by an atomic absorption spectrometer. The contents of zinc and magnesium in hair of non-violent criminal were significantly lower than the control group (p<0.01). In the case of lead and cadimum, mean value of criminal group was significantly higher than control group. Significantly higher T-score of MMPI was seen in non-violent criminal group fur psychopathic deviate (Pd), paranoia scale (Pa), and Mania scale (Ma) than control group, but T-score of depression scale (D) was significantly higher in the control group. In the non-violent criminal group, the content of copper inversely proportion to T-score of Hs, D, Hy, Pd, Mf, Pa, Pt, Sc, Si except Ma, also Zinc inversely proportion to T-score of Hy, Mf, Pa, Pt. These results suggest that difference of some hair mineral contents exist between criminal and normal control group. Thus further studies are necessary to determine whether violent and nonviolent criminal group attributed biochemical imbalance with carefully constructed and controlled studies.

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The Legal Justice of Conferring Criminal Negligence on Chief Privacy Officers(CPO) (개인정보관리자의 책임과 벌칙의 형평성)

  • Kim, Beom-Soo
    • Journal of Information Technology Services
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    • v.10 no.4
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    • pp.21-32
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    • 2011
  • The recently revised "Telecommunications Business Promotion and Personal Data Protection Act" is an important legal milestone in promoting the Korean telecommunications infrastructure and industry as well as protecting individuals' personal data and individuals' rights to privacy. Special characteristics of information security and privacy protection services including public goods' feature, adaptiveness, relativity, multi-dimensionality, and incompleteness, are reviewed. The responsibility of chief security/privacy officers in the IT industry, and the fairness and effectiveness of the criminal negligence in the Telecommunications Act are analyzed. An assessment of the rationale behind the act as well as a survey of related laws and cases in different countries, offers the following recommendations : i) revise the act and develop new systems for data protection, ii) grant a stay of execution or reduce the sentence given extenuating circumstances, or iii) use technical and managerial measures in data protection for exemption from criminal negligence.

A study on maritime piracy : criminal behavior and its economic implications

  • D'agostini, Enrico;Ryu, Dong-Geun;Jo, So-Hyeon
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2015.07a
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    • pp.205-207
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    • 2015
  • The purpose of this paper is to analyze maritime piracy and its economic implications with particular attention to attacks registered in the Gulf of Aden, and to investigate in theory what is the rationale behind engaging in criminal behavior. The paper also aims to investigate how the International community along with Sovereign States should allocate resources in order to make the seas a safer place and describe how closely inter-related maritime piracy, preventive and punitive measure put in place by Governments are. Elements of economics and ergonomics are taken into account in order to properly investigate the major legal issues relating to maritime security.

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Criminal Legal Study of Fire Investigation (화재감식의 형사법적 연구)

  • Kong, Ha-Sung;Kim, Su-Youl
    • Fire Science and Engineering
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    • v.24 no.5
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    • pp.1-9
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    • 2010
  • In a side of criminal law, fire investigation, as general people fully can understand and prosecution is possible until deciding its cause and suspect, scientific researching method should be studied deeply. This paper proposes an establishment of fire investigation act and its sub-laws, constitution of joint commission for fire investigation, modernization of fire investigation equipments, substantiality of professional education for fire investigation and subjugation of departmentalism as a method to maintain and supplement an institution of fire investigation in Korea.

Face Sketch Synthesis Based on Local and Nonlocal Similarity Regularization

  • Tang, Songze;Zhou, Xuhuan;Zhou, Nan;Sun, Le;Wang, Jin
    • Journal of Information Processing Systems
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    • v.15 no.6
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    • pp.1449-1461
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    • 2019
  • Face sketch synthesis plays an important role in public security and digital entertainment. In this paper, we present a novel face sketch synthesis method via local similarity and nonlocal similarity regularization terms. The local similarity can overcome the technological bottlenecks of the patch representation scheme in traditional learning-based methods. It improves the quality of synthesized sketches by penalizing the dissimilar training patches (thus have very small weights or are discarded). In addition, taking the redundancy of image patches into account, a global nonlocal similarity regularization is employed to restrain the generation of the noise and maintain primitive facial features during the synthesized process. More robust synthesized results can be obtained. Extensive experiments on the public databases validate the generality, effectiveness, and robustness of the proposed algorithm.

Usefulness of Data Mining in Criminal Investigation (데이터 마이닝의 범죄수사 적용 가능성)

  • Kim, Joon-Woo;Sohn, Joong-Kweon;Lee, Sang-Han
    • Journal of forensic and investigative science
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    • v.1 no.2
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    • pp.5-19
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    • 2006
  • Data mining is an information extraction activity to discover hidden facts contained in databases. Using a combination of machine learning, statistical analysis, modeling techniques and database technology, data mining finds patterns and subtle relationships in data and infers rules that allow the prediction of future results. Typical applications include market segmentation, customer profiling, fraud detection, evaluation of retail promotions, and credit risk analysis. Law enforcement agencies deal with mass data to investigate the crime and its amount is increasing due to the development of processing the data by using computer. Now new challenge to discover knowledge in that data is confronted to us. It can be applied in criminal investigation to find offenders by analysis of complex and relational data structures and free texts using their criminal records or statement texts. This study was aimed to evaluate possibile application of data mining and its limitation in practical criminal investigation. Clustering of the criminal cases will be possible in habitual crimes such as fraud and burglary when using data mining to identify the crime pattern. Neural network modelling, one of tools in data mining, can be applied to differentiating suspect's photograph or handwriting with that of convict or criminal profiling. A case study of in practical insurance fraud showed that data mining was useful in organized crimes such as gang, terrorism and money laundering. But the products of data mining in criminal investigation should be cautious for evaluating because data mining just offer a clue instead of conclusion. The legal regulation is needed to control the abuse of law enforcement agencies and to protect personal privacy or human rights.

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