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어제 조국 교수님 1심 판결이 유죄가 나왔는데 논란이 많습니다. 그중에서도 아드님의 조지워싱턴대 재학 중 퀴즈를 도와준 것이 어떻게 유죄냐는 의견이 많아 요새 핫한 GPT에게 물어봐 보았습니다. 구체적인 '판단'을 하지 않고 여러 정보를 통해 중립적인 내용만 답한다는 점, 부분적 사실관계와 증명 과정이 배제된걸 고려해도 흥미로운 답변인 것 같습니다.
ME : In the following cases, can Cho's parents be punished under the Korean criminal law?
-Cho attended George Washington University's Elliott School from September 2014.
-According to the prosecution's indictment, Cho's parents seem to have released Cho's online test in 2016 instead.
-The online test, which was in the George Washington University Department of Political Science's Global Perspective on Democracy, was said to have cheated twice on November 1st and December 5th, 2016. When the test questions appeared, Cho captured them and sent to his parents
-In the process, 10 multiple-choice questions were divided in half, and the mother solved from the beginning to the middle and the father solved from the middle to the end, which was confirmed through messenger and e-mail records.
-Cho was in the United States at the time of the incident, and his parents were in Korea. It was the Korean prosecution that indicted the crime, and the process is being carried out in the Korean court under Korean law.
-Those who claim it is innocent argue that it is merely helping their son with their homework and that it is not something to face criminal punishment, even if it may be an ethical problem. On the other hand, those who claim to be guilty argue that cheating is a violation of school rules beyond moral issues and constitutes obstruction of work at universities.
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GPT : Yes, Cho's parents can potentially be punished under Korean criminal law for their involvement in the cheating incident.
Under Korean law, a person can be held criminally responsible for aiding and abetting a crime. If the evidence supports the prosecution's allegations that the parents helped their son cheat on an online test while he was a student at a university in the United States, they could be charged with obstruction of business or fraud, as described in my previous answer.
Whether or not the parents will actually be prosecuted and convicted will depend on the specific circumstances of the case and the outcome of the legal proceedings. In any criminal case, the prosecution has the burden of proving beyond a reasonable doubt that the accused person committed the crime.
It's important to note that the legal situation can be complex and may involve questions of jurisdiction and international law. I would recommend consulting with a lawyer or legal professional who is knowledgeable about Korean criminal law to get a better understanding of the potential consequences and risks involved.
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ME : This case occurred when a Korean Cho attended an university in USA, that is, a foreign educational institution. Can these laws nevertheless apply?
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GPT: Yes, it's possible that Korean criminal law could apply to this case even though it took place at a foreign educational institution in the United States.
The principle of extraterritorial jurisdiction allows a country to exercise its criminal law outside of its own territory in certain circumstances, such as when the accused person is a national of that country, or when the crime has some connection to the country.
Whether or not the Korean criminal law would apply to Cho's parents in this specific case would depend on the details of the alleged crime and the circumstances of the incident, as well as the specific provisions of Korean law. In general, it's possible for a country to exercise its jurisdiction over its own citizens for criminal acts committed abroad if those acts would also be criminal if committed in the country itself.
It's important to note that this is a complex legal issue and that the specific circumstances of the case will play a significant role in determining whether Korean criminal law can be applied. If you have specific concerns about your legal situation, I would recommend consulting with a lawyer or legal professional who is knowledgeable about Korean criminal law and international law.
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ME : Supporters of Cho's parents argue that this is just an ethical issue. They even argue that quizzes on university can be taken with various help, like the original open book. Is this opinion appropriate?
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GPT : This opinion is not necessarily appropriate as academic integrity is an important value in higher education. Cheating, including getting help from others during a test, is generally considered a violation of academic integrity policies in most universities. Each university has its own specific rules and policies regarding academic integrity, so it's important to be familiar with those policies and to follow them. Whether a particular act of cheating is seen as an ethical issue or as a violation of school rules is a matter for each individual university to decide and enforce.
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ME : My question is, is this something to be criminally punished under Korean law?
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GPT : As I mentioned earlier, it depends on the specific facts and circumstances of the case and whether the alleged cheating constitutes a violation of Korean criminal law. Cheating on an exam, in and of itself, may not be a criminal offense under Korean law. However, if the cheating is seen as obstructing the normal operation of a business, such as a university, it could be considered a violation of the Korean Criminal Act, which prohibits obstruction of business. In order to determine whether Cho's parents' actions constituted a violation of Korean criminal law, a detailed analysis of the specific facts and circumstances of the case would be required. It's also important to note that the enforcement of Korean law may be limited if the alleged offenses took place outside of Korea.
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