Robotics & AI Ethics

The consent of the victim is that the subject of the legal interest allows the other person to infringe on his or her legal interest, and in some cases it is an effective system to engrave the illegality of the act by consent. In KOREA, as a legislative case, the consent of such victims is prescribed in the Article 24 of the Criminal Law, and it is a mainstream interpretation of our criminal law academics to view such acts as justification of illegal acts as self - defense, emergency evacuation. Of course, we also acknowledge that there is a possibility that the consti-tutional requirement may be denied by the consent of the victim even in this legitimate position. In other words, if the consent of the victim is accepted, the constitutional qualification of the act is denied, and the constitutional qualification is recognized but the illegality is sculptured. The study initiates a discussion on what kinds of legal interests victims of a violation can accept. The consent of the victim is recognized only if the right of the disposition is greater than the social necessity of disposing of the disadvantage. However, there are cases where the willingness of the individual to be consent may be a prob-lem if there are individuals who are also victims of the national and social. There is no doubt that the legal inter-ests of a victim's consent is personal interests, but it will focus on the case of conflict between personal and legal interests. In this case, we will confirm that the consent of the person concerned does not affect the establishment of the crime if there is overlap between personal and legal interests and national and social interests. Next, the dispossessed right will review whether any legal interest is disposable, unless there are special re-strictions. This is to examine whether it is possible to limit the freedom of disposition by law. In this regard, we will consider that it is very difficult to uniformly define the limits for the restriction of consent, and that judging this by an uncertain phrase of social equity is not reasonable in terms of legal stability. It also examines how to see the effect of consent when the consent of the dispossessed person is made for illegal purposes. This is to examine whether it is possible to limit the freedom of disposition by law. In this regard, we will consider that it is very difficult to uniformly define the limits for the restriction of consent, and that judging this by an uncertain phrase of social equity is not reasonable in terms of legal stability. If the consent of the dispossessed person is made for illegal purposes, how to see the effect of the consent shall also be examined.It also examines how to see the effect of consent when the consent of the dispossessed person is made for illegal purposes.

This paper deals with the controversy over the gap between the theory and practice of the concept of forced harassment in Korea, in particular so - called ‘indecent act by blitz’. The concept of ‘indecent act by compulsion’ is necessary for a criminal offense to be established by korean criminal law. However, since the Supreme Court admits that ‘indecent act by blitz’ is one of indecent act by compulsion, there is a difference in opinion on the concept of indecent act by compulsion between the legal practice and legal academia. The concept of indecent act by compulsion includes sexual molestation. The concept of the sexual molestation that academics and practitioners generally agree is as follows. The content of sexual molestation is an act in which an actor acts for sexual stimulation, excitement, or satisfaction, and is an act that causes the victim to feel feelings of sexual shame and disgust, and is an act that infringes the victim s sexual freedom. However, there is a great difference between the general interpretation of the academic community and the interpretation of the practice in relation to the specific scope of indecent act by compulsion, which is the subject of criminal offense. This paper analyzes Supreme Court precedents and academics viewpoints to solve these problems. The purpose of this study is to analyze the meaning of sexual molestation and threat and assault expressed in cases and doctrines and analyze the meaning of sexual self - determination right, the essential characteristics of sexual molestation, and the threat and assault.

According to ‘Act on Citizen Participation in Criminal Trials’, Citizen Participation in Criminal Trials took effect from 1st of January, 2008 in Korea. Korea have accumulated 10 years of experience, and reached the present. Commonly, we call Jury participation criminal trial as Citizen Participation in Criminal Trial. But Citizen Partic-ipation in Criminal Trial is let citizen participate as an Juror to suggest opinion of recognition or right of punish-ment. Therefore, it could increase the citizen’s reliability and democratic legitimacy of judicial. Especially, this act can make understandable trial to both dependent and victim by let ordinary non-legal professional people to participate a criminal trial. This could make an effect on faith and validity of the trial. However, this act have been 9 years in Korea and going to 10th year. And it is time to reconsider this act, that it really effect as we expected when we started. This process is necessary work required for the development and proper settlement of this act. The national involve Judicial Council of Supreme Court in Korea, already work on this process from 2008 to 2012; after the analysis, they confirm the final form. On the other hand, Ministry of justice legislate a notice for twice. This study is look for a procedures of Citizen Participation in Criminal Trial, accomplishment of enforcement and development.

In recent, restorative justice has become a new paradigm for criminal justice in response to crime. In the existing criminal justice system, punishment is a legal consequence of crime, which has the nature to impose harm on the crime committed by the actor. On the other hand, restorative justice focuses on conflict parties to resolve conflicts. In this view of the world, the problem of crime is the wound of the community and the damage of the network. More fundamentally, this view of illicit behavior implies an interest in the healing of the affected parties, including the perpetrator and the community, as well as the victim. So the parties(the perpetrators, the victims, the community members, etc., in relation to the recovery) participate in the process of resolving conflicts and set and pursue the goal of restoring and reintegrating conflicts. The recovery of the perpetrator is also as important as the recovery of the victim, and it is necessary to accept the perpetrator as a member of the community again Therefore restorative justice emphasizes active support and involvement of the community in the process of recovery. From this point of view, we consider that social treatment is appropriate for the realization of ideology of restorative justice rather than treatment in facility at the correction stage, and we seek to utilize social treat-ment as restorative sanction by practice program of restorative justice. In this respect, the process of acknowledging responsibility for their actions and trying to heal the damage they have with them will lead to regret and responsibility for the past. In addition, you can expect the preventive effect, which is the purpose of punishment. On the other hand, "restorative justice differs from the existing crim-inal justice in that it pursues its goals and means, so many theorists of restorative justice have found that the restorative programs they want to practice are uncritically absorbed into the existing criminal justice system, the problem is that it is simply a solution to the problem-solving type of the problem by restoring the victim's damage to the victim. Therefore, in the aspect of recovery of the main keyword which is the center of restorative justice, the criminal apologizes for himself and takes a restorative duty, so that the result of his / I must start with. It should not be forgotten that in this process, the promise of restoration of the damage between the parties is the starting point for restoring the relationship, not the purpose of distressing the sufferer.

Today, the digital revolution has completely changed all areas of society, and the evidence of crime has also become digitalized. Therefore, it is no exaggeration to say that the success or failure of investigation to reveal the truth depends on how digital evidence is secured and recognized. In this way, our society is rapidly changing into a digital society, but the law has not been completely restored, and it maintains the analog legal system of the past. In other words, the provision related to digital evidence is only Article 106(3), (4) and (313) of the Criminal Procedure Act. However, these few words alone cannot solve all the problems related to digital evidence. This study is based on the evaluation of the problems of Article 106(3) and (4) of the Criminal Procedure Act and recently revised Articles 313 and 314 of the Criminal Procedure Act, the purpose is to present a new legislative alternative. Current deficiencies in the acceptability of digital evidence should be addressed through amendments to the law. First of all, the digital evidence corresponding to the specialization is subject to the existing special law, so there are certain limitations on the ability of evidence. However, there are exceptions to the special law, I believe that it is reasonable to allow valuable evidence that is essential to substantiate the fact. And any digital evidence that does not contain a statement should be able to acknowledge evidence capability only if it is proven authentic to establish the truth and credibility of the data. That is, errors in systems and soft-ware, and authenticity requirements to ensure the reliability of digital evidence exposed to the risk of unauthorized access, has proven that there has been no such error or danger. The accuracy and reliability of the system and the procedures are mainly presented as such authenticity verification methods. However, more specific requirements for the authenticity of digital evidence should be laid out in a manner that is based on technical standards established by experts, but can be easily applied to legal judgments

The provisions of the “Act On Anti-Terrorism For The Protection Of Citizens And Public Security(Act on Anti-Terrorism)” of 2016, which are concerned with the limitation of the human rights, have been continuously dis-cussed since the 18th National Assembly, and the provisions of the current law have balanced at least the security rights of the people and the fundamental rights of the human rights. However, there is a system deviating from the center of the controversy even though there is a possibility of infringing on the fundamental rights of the people. It is the right of investigation by the staff of National Intelligence Service prescribed in Articles 2 and 9 of the Act on Anti-Terrorism. The investigation of the “Act on Anti-Terrorism” is similar to the preliminary domain investigation in Germany, but it is futuristic in that it aims to prevent crime, but at the same time, And the process of searching for relevant information in a situation where the existence of the allegation is uncertain. The problem is, in principle, that there is no provision on the subject, scope and limitations of the right to investigate, even though the exercise of the investigation, which has a precautionary nature, may infringe the fundamental rights of the people as de-scribed above. First, this study explores the legal nature of the right to investigate “Act on Anti-Terrorism” and opens up the possibility of applying the due process principles. Next, I pointed out the problems of criminal law in the field investigation and submission order system, which is the concrete type of investigation, and suggested ways to improve them. In other words, the specific type of investigation is substantially similar to the compulsory disposition, and the lawful procedure such as the constitutional warrant is stifled as the cause of the investigation. In this study, we explored problems and remedies for field investigation and submission order, which are highly similar to those of forced disposal.

With the advancement of globalization, countries are struggling with crimes by foreigners in their own coun-tries. Republic of Korea(ROK) is no exception, and it has already reached the age of 2 million foreigners staying in ROK, and crime by foreigners is also increasing. In particular, not only conventional military and political secu-rity but also comprehensive security have attracted attention, and crimes such as drugs and international crimes by individuals or organizations have become a threat to national security. In this respect, it is the strengthening of immigration control by foreigners that can block crime for national security. There is a current Immigration Control Act with a statute to examine the identity of such foreigners. Since the current immigration control law resurrected the fingerprint seal system for foreigners abolished in 2003, there is a conflict between the criticism of unfair discrimination against foreigners and the effective method of restricting crime by foreigners staying abroad. In this article, we will review the brief description of the fingerprint and face information collection system in the present Immigration Control Act and the purpose of the legislation. Based on this, we examined why the system that was abolished in the past revived, focusing on expected benefits and considerations. Although many things can be considered in the first place, the most important thing is to prevent illegal im-migration by re-entry of persons who have committed crimes in the past or identity laundering by illegal immi-grants as well as efficient immigration examination, thereby reducing the risk of crime by foreigners It is expected. In addition, it is possible to prevent cases of settlement and further crimes by quickly identifying the identity of foreign criminals, and even if foreigners are injured, it can be solved quickly. In this case, violation of the principle of excessive prohibition and infringement of personal information self-determination right of information subject may be a problem, but the biometric information system is not suffi-cient for the purpose of legitimacy of purpose, adequacy of method, balance of legitimate interests, And that it does not infringe on the right of self-determination of personal information of information subjects.

Due process, discovery of substantive truth, and the timeliness and efficiency of the procedures are the values of criminal litigation are still valid principles in the age of digital information. However, the way to implement these principles according to the properties of digital evidence remains as a challenge, and the field of digital evidence requires close cooperation between legal and technical sectors. In particular, the level of production and distribution of digital technology and digital devices in Korea has maintained the highest level in the world. Nonetheless, it is a reality that if the defendant denies the crucial digital evidence obtained in accordance with the due process by a court issued by the judiciary in the trial process, the evidence is denied. As a result, most defendants do not recognize evidence as a counter-party to the state during the criminal trial for digital evidence that is directly or indirectly related to the assertion of the criminal's own crime, Discussion is needed. In addition, even in the case of a recent series of events related to national security, the general law of criminal justice is applied to digital evidence as it is, so it is necessary to examine the exceptional rules for applying the special law on serious infringement of legal interests. In addition, the criminal evidence law for the serious crimes that occur in the digital information age is also implemented professionally and covertly. Therefore, the legisla-tion that appropriately reflects the current situation and environment of digital information is necessary.

Because South and North Korea have kept the military confrontation since the Korean War seriously, it has been strongly believed that an arms race should exist between these two countries. However, because of the lack of data on North Korea has constrained empirical studies, until now, few studies have consequently dealt with the arms race between South-North Korea. An empirical analysis of the arms race between the two Koreas has significant policy implications for the security of the Korean Peninsula as a whole. Using the VAR model and updated data, this study empirically analyzed the arms race between South and North Korea, based on Richard-son’s action-reaction model. The empirical findings are as follows: while South Korea’s military expenditure changes are affected by those of North Korea, partially supporting the classical Richardson model as a result, the reverse remains unverified. In fact, this investigation indicates that North Korean military expenditures seem to adhere to the random walk process, and empirically supports the argument that North Korea has pushed for military expansion based on its strategic needs, with South Korea escalating its armament program in direct response. The fact that North Korea’s real military expenditure follows the random walk process indicates that it cannot be predicted at all. There may be some interpretations in terms of the random walk process of North Korea’s real military expenditure. First, it can be interpreted that North Korea’s military preparedness has been determined without any strategic plan. The situation at the time may affect North Korea’s decision on military preparedness. Secondly, considering that North Korea has developed nuclear and missile programs over a long period of time, it cannot be denied that North Korea has kept a long-term strategic plan for military preparedness. Then, it may be said that irrespective of the expansion of South Korea’s military preparedness, North Korea has decided its policy toward military preparedness based on internal strategic goals such as its development and enhancement of asymmetric warfare capabilities. Finally, North Korea has been reported to hide its defense expenditure in other budget categories in order not to reveal how much of its government budget is allocated for this cause. In this respect, more accurate data on North Korea’s military expenditure needs to be collected to have better insight into the arms race between South and North Korea overall. Considering those questions of accuracy surrounding North Korean military expenditure data, the follow-up studies are warranted.

What I wish to show in this paper is to inquire whether we can justify war or not by using these normative ethical systems, if possible, what the logic justifying the war is. Teleological ethics and deontological ethics are often contrasted with one another on the basis of the general type of ethical system each exemplifies. Utilitari-anism is one of the teleological ethical system, while formalism is typical of deontological ethical system. The distinction between the two kinds of system may be conveniently summarized as follows; a teleological theory holds that an action is morally right either if a person's doing it brings about good consequences, or if the action is of a kind which if everyone did it, would have good consequences. It is ultimately the goodness or badness of the consequences of action. In Deontological theory, it is right if it accords with a moral rule, wrong if it violates such a rule. Moral rules are based on an ultimate principle of duty which, in contrast to teleological ethics, does not specify an end or purpose whose furtherance makes actions right. What the ultimate principle specifies is a set of conditions that are necessary and sufficient for any rule of moral obligation to apply to a kind of action. Consequentialist pacifism is usually grounded in some sort of rule-utilitarianism. A utilitarian pacifist may argue that a rule against war or other sorts of violence will tend to promote the greatest happiness for the greatest number. According to the principle of proportionality, although violence is evil, if we may suffer greater other evil than the evil, the violence which eliminates relatively the previous smaller evil could be justified. A broader pro-hibition against violence other than war can extend the ‘greatest happiness’ concept to take into account the happiness of sentient beings other than humans. Deontological ethical system, as a formal ethical model, is the older of the two, with the best-recorded example of antiquity being divine command theory. This theory states that an action is good or evil depending on whether it corresponds to rules set by a deity. The most famous theory of deontological ethics is Kant's. Kant's categorical imperative is formulated as follows: “Act according to that maxim by which you can at the same time will that it should become a universal law”. It is difficult to supply content to Kant’s imperative. Thus, it is not clear that the Kantian imperative can be used to rule out war. Indeed, Kant is a defender of a version of the just war theory, in part because he believes that states have a duty to defend their citizens. Although Kant is not himself a pacifist, one might be able to ground pacifism in Kant's alternative version of the moral law: “Act so that you treat humanity, whether in your own person or in that of another, always as an end and never as a means only” All human being has the autonomy of the will explained as the concept of freedom. If men have freedom of the will then they must be obligated to obey the categorical imperative. Thus whoever has freedom of the will should take responsibility for his behavior, unless he won’t do. And as this can be universalized and applied to men with reason, anyone who violates moral law should be pun-ished to preserve the life in community. This principle of deontological ethical system is extended to the conduct of human being in war.