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조국 서울대학교 아시아태평양법연구소 2014 Journal of Korean Law Vol.13 No.2
The 1987 Constitution of Korea explicitly stipulates the principle of due process in criminal procedures and provides very detailed Bill of Rights provisions regarding criminal procedural rights. This “constitutionalization of criminal procedure” has brought significant changes in the theory and practice of the Korean criminal procedure. Exclusionary rules are in the middle of this “revolution”. The Korean judiciary and legislature that experienced the dark age of procedural rights under the long authoritarian rule chose to adopt the exclusionary rules as a useful tool to deter police misconduct. Firstly, this paper starts by reviewing the terrible situation under the authoritarian regime of Korea and the legal change after democratization. Secondly, focusing on the landmark judicial decisions and legislations including the Criminal Procedure Code and the Communication Privacy Protection Act, it examines three categories of exclusions: the exclusion of incriminating statements obtained in the process of illegal arrest or interrogation, communications by illegal wiretapping and physical evidences obtained by illegal search-and-seizure. Finally, it analyzes the remaining issues regarding the aforementioned exclusionary rules.
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Classification of 18F-Florbetaben Amyloid Brain PET Image using PCA-SVM
조국,김웅곤,강현,양경승,김현우,정지은,윤현진,정영진,강도영 대한의생명과학회 2019 Biomedical Science Letters Vol.25 No.1
Amyloid positron emission tomography (PET) allows early and accurate diagnosis in suspected cases of Alzheimer's disease (AD) and contributes to future treatment plans. In the present study, a method of implementing a diagnostic system to distinguish β-Amyloid (Aβ) positive from Aβ negative with objectiveness and accuracy was proposed using a machine learning approach, such as the Principal Component Analysis (PCA) and Support Vector Machine (SVM). 18F-Florbetaben (FBB) brain PET images were arranged in control and patients (total n = 176) with mild cognitive impairment and AD. An SVM was used to classify the slices of registered PET image using PET template, and a system was created to diagnose patients comprehensively from the output of the trained model. To compare the per-slice classification, the PCA-SVM model observing the whole brain (WB) region showed the highest performance (accuracy 92.38, specificity 92.87, sensitivity 92.87), followed by SVM with gray matter masking (GMM) (accuracy 92.22, specificity 92.13, sensitivity 92.28) for Aβ positivity. To compare according to per-subject classification, the PCA-SVM with WB also showed the highest performance (accuracy 89.21, specificity 71.67, sensitivity 98.28), followed by PCA-SVM with GMM (accuracy 85.80, specificity 61.67, sensitivity 98.28) for Aβ positivity. When comparing the area under curve (AUC), PCA-SVM with WB was the highest for per-slice classifiers (0.992), and the models except for SVM with WM were highest for the per-subject classifier (1.000). We can classify 18F-Florbetaben amyloid brain PET image for Aβ positivity using PCA-SVM model, with no additional effects on GMM.
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조국 한국형사판례연구회 2009 刑事判例硏究 Vol.17 No.-
On November 15, 2008 the Korean Supreme Court made a landmark decision to exclude illegally obtained physical evidence. It also adopted the “fruit of poisonous tree" doctrine, which excludes the derivative evidence obtained through the first tainted evidence. This Article reviews the Supreme Court's two decisions that applied the “fruit of poisonous tree" doctrine. First, the Decision of March 12, 2009 provides more specific standards to decide whether to exclude “tainted fruits." It requests comprehensive evaluation of all the circumstances regarding the collection of the first tainted evidence: the reasons and degree of process violation, the possibility of avoiding the violation, the causation between process violation and evidence collection, and the willfulness or negligence of law enforcement officers. Then, it does not exclude the physical evidence obtained without warning the suspect of the right to silence. This Article argues that the right to silence is the most crucial legal instrument to protect a suspect, particularly when the suspect is under interrogation without his/her counsel; it is a grave violation for a police officer not to warn a suspect of the right; in this case, exceptions of the “fruit of poisonous tree" doctrine are not applicable; so the physical evidence obtained without warning a suspect of the right to silence should be excluded. In the Decision of October 23, 2008 the Supreme Court held that the fingerprints on the illegally seized bottles and cups are admissible even if the seizure of the bottles and cups is illegal. This Article argues that such a view may weaken the constitutional request for warrant for search-and-seizure; the illegal seizure of the bottles and cups contaminates the evidentiary power of the fingerprints. In this case, however, the consent of the victim who is the owner of the bottles and cups is reasonably inferred, so the seized bottles and cups are admissible and the fingerprints on them are also admissible.
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조국 한국형사정책학회 2012 刑事政策 Vol.24 No.2
Under the current Korean law, unlike university/college professors, elementary/middle/high school teachers are not allowed to join a political party and engage in collective political activities including political campaigns for or against a political party during election period. Although the Korean Teachers and Education Union [KTU] received official recognition in 1999, it is not also permitted to engage in any political activity. The teachers who have breached this prohibition are given criminal sanction as well as administrative sanction. The Constitutional Court of Korea decided such criminalization of the politically active teachers is constitutional because; education must be separated from politics and teachers must be politically neutral; minors are immature unlike college students, so easily influenced by political activities of teachers; the students' right to class may be infringed by political activities of teachers. The Court also held that the criminal prohibition does not violate the constitutional principle of equality before law in that major tasks of teachers are teaching while those of professors are academic research. In cases where teachers collectively announced political declarations to criticize governments' policies in 2004 and 2009, the Supreme Court of Korea quashed the lower courts' judgements and held that the teachers violated political neutrality with intention to establish anti-government political front. This Article starts with a review of the OECD countries' law and international norm regarding teachers' engagement in political activities. It proceeds to criticize the judgements of the Constitutional Court and the Supreme Court. It finally argues that current law regarding teachers' political activities excessively restricts teachers' political rights, therefore unconstitutional. Until the revision of the law, the law should be interpreted in a limited way to respect teachers' political rights.
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