디지털증거의 압수절차에서 법치주의 실현을 위한 입법과제

김승언 한국형사소송법학회 2024 형사소송 이론과 실무 Vol.16 No.3

About 20 years after the problem in the process of collecting digital evidence first became a problem in the retrial process, Digital evidence is still left to the realm of interpretation rather than law. Article 106 (3) was newly established in 2011 due to the revision of the Criminal Procedure Act, but this regulation only works as a cause of the problem, and the investigation rules established in 2020 also standardize the contents of the appendix that the court used to attach to the seizure warrant, and the problem with the appendix remains as is. The problem was amplified by bringing the problem of the annex to the legal code. There are many difficulties that cannot be left to the realm of interpretation any longer, causing conflict, and creating gaps in punishment as a result, so a legislative solution is urgently needed. In celebration of the launch of the 22nd National Assembly, we would like to propose four aspects of urgent legislative tasks related to digital evidence. First, Article 219 of the Criminal Procedure Act, which applies the provisions for participation in seizure at the trial stage (§121, §122) to the investigation, is a legislative mistake and must be corrected. In order to harmonize the conflicting values, it is reasonable to divide the content of participation rights into ‘participation’ only at the step of taking out and ‘record’ for the subsequent searching process. Second, the current selective search and seizure prevents the securing of means to prove the authenticity of digital evidence, creating a gap in the realization of the rule of law. Therefore, a third-party “consignment storage” system for digital evidence similar to civil preservation dispositions was introduced to take advantage of selective search and seizure, but to take advantage of its side effects needs to be removed. Third, according to the current precedent, digital evidence that was seized incorrectly will be blocked from being used as evidence in other cases. By introducing a system to request a warrant to seize confiscated digital evidence, cases in which charges are acknowledged should not be acquitted due to problems in determining the relevance of evidence during past investigations. Fourth, the anti-forensic response capabilities of investigative agencies are insufficient to keep up with the speed of security enhancement for mobile devices such as smartphones. In order to respond in a timely manner to internationalized and organized serious crimes such as terrorism, drugs, and sexual exploitation of children and adolescents, it is necessary to introduce a decryption order system before it is too late. Finally, we need to clarify terminology. Electronic information is not an appropriate term in the rules of investigation. This is because the uniqueness of digital evidence is due to ‘digital’ rather than ‘electronic’. We hope that the difficult issues surrounding digital evidence will be reasonably resolved through legislation in the 22nd National Assembly.

Novel fluorescent cation sensors based on benzimidazole and multiphenylimidazole derivatives

김승언,박상혁 한국고분자학회 2013 한국고분자학회 학술대회 연구논문 초록집 Vol.2013 No.4

디지털 트랜스포메이션 도입을 위한 운영 지표 개발에 관한 연구

김승언,박주석,진정숙 한국IT서비스학회 2023 한국IT서비스학회지 Vol.22 No.4

Digital transformation(DT) is about reinventing the enterprise, completely changing its vision, strategy, organizational structure, processes, capabilities, and culture. Therefore, companies preparing or embarking on DT must be able to identify their current status and assess their level for successful DT. In this study, we developed indicators to diagnose and evaluate the current level of a company for successful DT. The current level was actually evaluated by using the evaluation indicators developed for the financial industry (insurance, securities, etc.), an industry where DT is currently being successfully introduced. The most important aspect of this study is that it provides metrics to evaluate the adoption an progress of digital transformation when reinvention a company, rather than a partial view.

골 재생을 위한 조직공학 지지체 기술

김승언,현용택,윤희숙,Kim, Seung-Eon,Hyeon, Yong-Taek,Yun, Hui-Suk 재료연구소 2006 機械와 材料 Vol.18 No.4

생체의료용 금속재료 기술

김승언,현용택,정희원,이용태,Kim, Seung-Eon,Hyeon, Yong-Taek,Jeong, Hui-Won,Lee, Yong-Tae 재료연구소 2004 機械와 材料 Vol.16 No.3

전해추출법을 이용한 Ni기 초내열합금의 석출상 정량화

김승언,박노광,조종춘,허보영 대한금속재료학회 1997 대한금속재료학회 학술대회 개요집 Vol.1997 No.0

주조용 티타늄 신합금 개발

김승언,정희원,현용택,김성준,이용태,Kim, Seung-Eon,Jeong, Hui-Won,Hyeon, Yong-Taek,Kim, Seong-Jun,Lee, Yong-Tae 한국기계연구원 1999 硏究論文集 Vol.29 No.-

A new titanium alloy system. Ti-xFe-ySi (x,y=0-4 wt%). was designed and characterized with the point at low cost and high strength for casting applications. Fe improved room and elevated temperature mechanical properties owing to solid solution hardening and beta phase stabilization. Si yielded titanium silicides and Si addition over 1 wt% resulted in poor ductility due to coarse silicide chains at prior beta boundaries. The optimum composition was found to be Ti-4Fe-(0.5-1)Si in the viewpoint of tensile strength and ductility which are comparable to the Ti-6Al-4V. The metal-mould reaction was also examined for Ti-xFe and Ti-xSi binary alloy system. The thickness of surface reaction layer w as not affected significantly with Fe content, while it was decreased with Si content. In the Ti-4Si alloy, no reaction layer was found. The depth of surface hardening layer was about $200\mum$ regardless of the mould materials.

신문광고에 나타난 우리나라 아프트의 계획적 특성에 관한 연구 : 1990년대 아파트 신문광고를 중심으로 Focused on the 1990`s Apartment Advertisement

김승언,손세관 대한건축학회 2000 대한건축학회 학술발표대회 논문집 - 계획계/구조계 Vol.20 No.1

The purpose of this study is to investigate the characteristics of 1990s' apartment planning in Korea by analysing newspaper advertisements. It uses content analysis method on apartment newspaper advertisements from 1990 to 1999. The result investigation were classified both as qualitative and quantitative materials. The results of this study are as follows. 1) Categorizing contents of apartment newspaper advertisements as some main architectural planning characteristics. 2) Qualitative analysis of what contents are included in categorized planning characteristics. 3) Quantitative analysis of comparing relative frequency of planning characteristics.

환경변화에 대응한 관세행정 발전방안에 관한 연구: AHP 분석결과를 중심으로

김승언,서원석,지규원,황성원 한국관세학회 2017 관세학회지 Vol.18 No.4

The purpose of this study is to derive the direction of development of customs administration based on the functions of the Korea Customs Service(KCS) and global environment change, and to set the priority of customs administration in response to environmental changes by determining the relative importance through AHP analysis. In the first stage, it is analyzed that the importation of customs duties, examination after customs clearance, proper import and export customs clearance and cargo management, monitoring and enforcement of illegal goods and capital imports are relatively high in order of importance. From the aspect of development in the second stage, it is necessary to prevent imports of national health infringement goods, secure stable national income, speedy and accurate import and export cargo management, trade-based financial crime prevention and enforcement system, Border movement control, and so on. According to the results of the analysis, the KCS proposes alternatives to actively carry out the functions of protecting people 's healthy life and social safety 본 연구는 관세청의 기능과 글로벌 환경변화를 중심으로 관세행정의 발전방향을 도출하고, AHP 분석을 통해 상대적 중요도를 파악하여 환경변화에 대응한 관세행정의 우선순위를 설정하고자 하였다. 1단계 업무분야 측면에서는관세의 부과징수와 통관적법성 사후심사, 적정한 수출입 통관 및 화물관리, 불법 물품과 자금 반출입 감시와 단속등의 순으로 상대적 중요도가 높은 것으로 분석되었다. 2단계 발전방향 측면에서는 국민 건강 침해물품 반입 차단, 안정적 국가 제정수입 확보, 신속・정확한 수출입 및 화물 관리, 무역기반 금융범죄 예방・단속체계 구축, 기업의 자율적 법규준수 체계 강화, 현실화된 초국가적 위협 국경이동 통제 등의 순으로 상대적 중요도가 높은 것으로 분석되었다. 분석 결과에 따라 관세청이 국민의 건강한 생활과 사회안전보호의 기능을 적극적으로 수행할 수 있도록 대안을 제시하였다.

워드프로세서 실기시험에서 한손 사용 장애인 응시자의 정당한 시험시간 제공에 관한 연구

김승언,이승직,송병섭 한국재활복지공학회 2018 재활복지공학회논문지 Vol.12 No.2

This study made an investigation concerning the extra time allowed for the convenience of the people with a disabled hand who are taking word processor qualification examination, one of IT qualifying examinations. Then an experiment was conducted to determine whether it is proper to allow longer extra time for them. The experiment involved the one-handed and two-handed typing training of the same participants, followed by testing the participants’ typing proficiency, so as to find out approximate difference in the number of keystrokes between one-handed typing and two-handed typing. The results of the experiment were combined with the analytical result of available mock word processor tests to deduce the proper time that is actually necessary for one-handed typing. Then the deduced proper time was compared with the time that is currently allowed for people with a disabled hand. It was revealed that the typing speed of people with a disabled hand was about 32.6% of that of normal people, indicating that an about 50% extra time should be allowed for people with a disabled hand. Currently only a 33% extra time is allowed for them, and this difference in extra time can exert a significant effect on pass rate. Thus this study demonstrated the necessity of allowing longer extra time for people with a disabled hand than the current 33% extra time. IT 자격시험 중 하나인 워드프로세서 자격시험을 한손 장애인이 응시할 경우에 제공되는 편의시간에 대하여 조사한 후, 추가 제공시간이 타당한지에 대한 연구를 진행하였다. 연구는 동일인이 양손타수와 한손타수 연습 후 타자검정을 통하여 어느 정도의 타수 차이가 발생하는지를 실험하였고 실험결과를 실제 워드프로세서 모의문제 분석결과에 대입하여 실제 시험시간을 도출하여 비교분석하였다. 한손장애인은 비장애인에 비해 약 32.6%의 타자속도를 가질 수 있어 약 50%의 추가 시간이 필요한 것으로 파악되었다. 이는 합격률에 큰 영향을 미칠 수 있어 현재 제공되는 33%의 추가시간보다 더 많은 시간이 필요함을 증명하였다.