韩国的法学教育及律师资格考试改革

韩国最近开设的法科大学院和即将实施的新的律师选拔、培养制度是韩国法律界的一大革新。在大陆法系色彩强烈的韩国法律体系里,能否成功地建立起美国式的法学院制度和律师选拔制度备受关注。尤其是韩国的法学教育以及司法改革制度,是在没有充分的协商和准备的基础上出台的,从一开始就存在很多争议,因此需要设计相应的补充方案。     

Windows 7 Antiforensics: A Review and a Novel Approach

In this paper, we review literature on antiforensics published between 2010 and 2016 and reveal the surprising lack of up‐to‐date research on this topic. This research aims to contribute to this knowledge gap by investigating different antiforensic techniques for devices running Windows 7, one of the most popular operating systems. An approach which allows for removal or obfuscation of most forensic evidence is then presented. Using the Trojan software DarkComet RAT as a case study, we demonstrate the utility of our approach and that a Trojan Horse infection may be a legitimate possibility, even if there is no evidence of an infection on a seized computer's hard drive. Up‐to‐date information regarding how forensic artifacts can be compromised will allow relevant stakeholders to make informed decisions when deciding the outcome of legal cases involving digital evidence.     

Microbiota Composition and Pulmonary Surfactant Protein Expression as Markers of Death by Drowning

Pathological diagnosis of drowning remains a challenge for forensic science, because of a lack of pathognomonic findings. We analyzed microbiota and surfactant protein in the lungs for a novel diagnosis of drowning. All rats were divided into drowning, postmortem submersion, and control groups. The water, lungs, closed organs (kidney and liver), and cardiac blood in rats were assayed by targeting 16S ribosomal RNA of Miseq sequencing. Lung samples were analyzed by immunohistochemical staining for surfactant protein A. The closed organs and cardiac blood of drowned group have a lot of aquatic microbes, which have not been detected in postmortem submersion group. Furthermore, intra‐alveolar granular staining of surfactant protein A (SP‐A) was severely observed in the drowned group than the postmortem submersion and control groups. The findings suggested that the presence of aquatic microbiota in the closed organs and increased expression of SP‐A could be markers for a diagnosis of drowning.     

Testing the three- and four-factor models of the Korean version PCL-R as predictors of two antisocial outcomes – recidivism and risk

Psychopathy has consistently been associated with antisocial outcomes. The three- and four-factor models have been best fitted to data relating to Korean serious offenders (N?=?451), offering construct validity of the Korean Psychopathy Checklist-Revised (PCL-R). However, no study has yet tested the predictive power of the Korean PCL-R to explain two different types of antisocial outcomes: (1) risk of inmates measured by correctional officers during incarceration and (2) recidivism after release. By exploring these two forms of antisociality, here we sought to establish the predictive and construct validities of the Korean version of PCL-R. We found that the deviant lifestyle (Factor 3) performed best for predicting both antisocial forms (risk and recidivism) and that the deficits in interpersonal (Factor 1) and affective (Factor 2) abilities also uniquely predicted one subtype of risk, which suggests the three-factor model is better than the four-factor model in predictions. These findings will be useful for criminal justice experts and practitioners in Korea.     

The North Korean factor in the improvement of Japanese intelligence capability

Abstract

Since the early 1990s, human rights have been a contentious issue for relations between the Association of Southeast Asian Nations (ASEAN) and the European Union (EU), especially in the Asia–Europe Meeting (ASEM). It is an issue that has constantly led to tensions in interregional cooperation. However, the ASEAN–EU dialogue on human rights has, in fact, had a significant impact on regional dynamics by stimulating the process of regional identity formation, especially in Southeast Asia. The core mechanism through which this development takes place is that of interaction, the process in which the two regional groupings engage while negotiating human rights policy. It can be argued, therefore, that interregional and intraregional human rights interactions are mutually dependent. ASEAN's rather confrontational mode of interaction with the European Union in relation to human rights has served as a catalyst for the dynamic growth of a collective definition of self in ASEAN. It has led to an ‘essentialization’ of ASEAN's idea of self as opposed to a common other, something which has undermined the possibility of maintaining an interregional dialogue that is not confrontational. However, it has also contributed to the development of a regional space for communicating about human rights and has thus played a central role in the gradual transformation of ASEAN's collective identity formation.     

A Brief History of Imperial Examination and Its Influences

Learners of East-Asian descent frequently outperform students from other developed nations on standardized tests. They are often well prepared, and generally demonstrate high proficiency in math, science, and language. Despite recent hype among Western policymakers and educators regarding the performance of East-Asian students on standardized exams, this phenomenon is primarily attributable to the unique history of imperial examinations, which began in China. The imperial examinations were firmly established in most East-Asian nations (excluding Japan owing to its geographic isolation), and were the product of cultures that valued routine work and strong central governments. Although some Western politicians and education administrators advocate adopting a form of education wherein standardized test scores are a focal point, such views potentially ignore centuries-old criticisms in East-Asian nations concerning national examinations. The imperial examination system was a seemingly efficient and convenient approach to selecting government elites that produced diligent students and punctual educators; nonetheless, it also had significant drawbacks with respect to innovation and societal progress. Thus, the author examines this educational approach from a historical perspective, and compares it to the methods adopted by Europe and Japan.     

Policy Design and Achieving Social Outcomes: A Comparative Analysis of Social Enterprise Policy

This article compares American, British, and Korean social enterprise policies to explore how government policy design shapes social enterprises and how “social benefit” and “public value” are defined. A social enterprise is defined as the legally structured organizational pursuit of blending social purpose and economic profit through business activities, and examples from each country are presented. Applying Bozeman's publicness theory, the authors demonstrate the wide range of roles that governments play in shaping social enterprises' ownership, funding, and control across the three countries using regulations, subsidies, and procurement policies. These roles may affect the impact of social enterprises in society. The case studies show that the U.S. approach to social enterprise policy is heavily market oriented, while the United Kingdom is in the middle of the market-to-publicness continuum, and South Korea is much closer to the publicness (government-dominated) end of the continuum.     

Wind-drag estimation in a traffic accident involving a motor scooter and a tractor-trailer

This case report describes a noncontact traffic accident involving a motor scooter and a tractor-trailer with a focus on the wind-drag effect. We used load cells to measure the drag force acting on a substantially similar motor scooter when a substantially similar tractor-trailer passes by it, taking into consideration various speeds of the tractor-trailer and distances between the two vehicles. A three-dimensional steady-state flow analysis was also performed by using the CFX program for computational fluid dynamics to examine the streamlines and the pressure distribution around the tractor-trailer at various speeds. From the experiment, for a separation distance of 1.0 m (3.28 ft) and a speed of 90 km/h (55.9 mph), the maximum resultant drag force is 124.5 N (28 lb); this constitutes a degree of force that could abruptly disrupt the stability in maneuvering by an operator who is unaware of the approaching tractor-trailer. In addition, a single equation that relates the tractor-trailer speed to the drag force that acts on the motor scooter was derived on the basis of the Reynolds number (Re) and the wind-drag coefficient (C(d)): C(d) = 1.298 × 10(-7) Re.     

Simultaneous analysis of psychotropic phenylalkylamines in oral fluid by GC-MS with automated SPE and its application to legal cases

Phenylalkylamine derivatives, such as methamphetamine (MA), amphetamine (AM), 3,4-methylenedioxymethamphetamine (MDMA), 3,4-methylenedioxyamphetamine (MDA), phentermine (PT), fenfluramine (FFA) and phenmetrazine (PM), and ketamine (KT) are widely abused recreational or anorectic drugs in Korea and are regulated under the Controlled Substance Act in Korea. Phenylalkylamines and ketamine analysis is normally performed using both urine and hair samples but there is no established method for the simultaneous analysis of all these phenylalkylamines and ketamine in oral fluids. Oral fluid is easy to collect/handle and can provide an indication of recent drug abuse. In this study, to confirm the presence of phenylalkylamine derivatives and ketamine in oral fluid after screening with an immunoassay, an analytical method using automated solid phase extraction (SPE) and gas chromatography-mass spectrometry (GC-MS) was developed and fully validated according to international guidelines. The applicability of the assay was demonstrated by analyzing of authentic oral fluid samples and the results of oral fluid analysis were compared with those in urine and hair to to evaluate the feasibility of oral fluid in forensic cases. The recovery of phenylalkylamines and ketamine from oral fluid collection devices was also assessed. Oral fluid specimens from 23 drug abuse suspects submitted by the police were collected using Salivette (Sarstedt, Nümbrecht, Germany), Quantisal (Immunalysis, Pomona, CA) or direct expectoration. The samples were screened using a biochip array analyzer (Evidence Investigator, Randox, Antrim, UK). For confirmation, the samples were analyzed by GC-MS in selected-ion monitoring (SIM) mode after extraction using automated SPE (RapidTrace, Zymark, MA, USA) with a mixed-mode cation exchange cartridge (CLEAN SCREEN, 130 mg/3 ml, UCT, PA, USA) and derivatization with trifluoroacetic anhydride (TFA). The results from the immunoassay were consistent with those from GC-MS. Twenty oral fluid samples gave positive results for MA, AM, PT and/or PM among the 23 cases, which gave positive results in urine and/or hair. Although large variations in the MA, AM, PT and PM concentrations were observed in three different specimens, the oral fluid specimen was useful for demonstrating phenylalkylamines and ketamine abuse as an alternative specimen for urine.     

Effect of Sex Offenders Treatment Program on Cognitive and Emotional Characteristics of Mentally Ill Sex Offenders

This study assessed the effect of a 10‐week cognitive behavior treatment program in 30 mentally ill sex offenders. The effect of the program was evaluated using the Interpersonal Responsiveness Index (IRI), UCLA Loneliness Scale (UCLALS), Coping Using Sex Inventory (CUSI), and Rape Myth Acceptance Scale (RMAS). Data were analyzed using the paired t‐test. The ability of sex offenders to cope with sexual acts when they faced stressful situations and to accept the rape myth was significantly improved on CUSI (t = 2.09, p = 0.04) and RMAS (t = 5.45, p < 0.001). Feelings of isolation and the ability to empathize based on IRI (t = 0.62, p = 0.54) and UCLALS (t = 0.88, p = 0.38) were not significantly improved. To prevent recidivism, treatment for mentally ill sex offenders should focus on changes in their cognitive and emotional characteristics in addition to their main psychiatric illness.