• Journal of the Korean Society for information Management
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• v.21 no.4 s.54
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• pp.209-231
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• 2004

The purpose of this study is to examine the current state of illegal distribution of literary works on internet cafes and homepages, and figure out how to protect the rights of copyright holders. For this study, examined were the cafes and menus of homepages of major Websites on the Internet, where illegal copying and delivery of literary works could happen. For each Website, the volumes of the entire collection, the number of literary works held, the maximum and average number of transactions were investigated, and literary works categorized according to genres were analyzed. The result shows that the strict legislation and regulation by government or copyright organizations could hinder the positive distribution of awareness about the copyright : but, still strongly needed is the promotion and education of the importance of copyright to help the public understand better. Providers of portal services should take a proper step to strengthen the training of and systematic support for copyright-related issues for both operators and users of cafes and homepages on Websites.

• Journal of Digital Convergence
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• v.14 no.1
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• pp.211-217
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• 2016

There have been gradually established paid using system on contents, such as sound source, webtoon etc, with which licences are systematically managed. However, rampant free sites still mostly relying on advertising revenue make difficulties on lots of contents developers and obstruct the protection of their resonable right. In this situation, we need systematic measures to protect copyright of authors and to maximize use of contents of users. Therefore, it is important to handle the convenience of digital contents distribution and the diversity of contents license(differentiating permission rate according to user's purpose, scope, service period etc), based on the need of contents users. This paper implies to guideline to install contents distribution platform of individuals and to apprehend the need and acceptability of users in order to activate digital contents transaction on individuals.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.6
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• pp.712-720
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• 2014

In this article, legislational and economic meaning of Marine Pollution Prevention Law (MPPL) of North Korea was studied with review and comparison of North Korea's environmental legislation system. North Korea's MPPL is the basic legislation system against pollution activities. This law has the purpose of gaining of marine environmental protection and resources and declares mainly the marine environmental protection with little definition of action plan and means. To analyze economic achievements of MPPL, more macro- and microeconomic data of North Korea should be accumulated. However, environmental issues are relatively effective to discuss common goal of environmental protection and economical cooperation between Korea and North Korea. To prepare reunification, understanding of North Korea's MPPL is the first step for collaboration of marine environmental conservation.

• Journal of Korean Society of Archives and Records Management
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• v.17 no.3
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• pp.1-21
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• 2017

Oral history research is carried out through collecting information about a living person. The data collected from an oral history project is not a mere fact or a mass of information but accounts of persons who reveal their own personalities. For this reason, oral history research and data collection and the use of such data must be based on rigorous ethical standards. The Bioethics and Safety Law shares a similar view on human subject research, and the Institutional Review Boards includes human subject research as a subject of review and management. However, the Bioethics and Safety Law's protection of personalities and human rights focuses on life sciences methodologies, which are not suitable for qualitative research, such as an oral history of a value oriented and critical approach to human beings. This study examines the details of the Bioethics and Safety Law related to human subject research and the problems that may arise when this law is applied to subjects in humanities and social sciences such as oral history. Through this study, alternative methodologies, which can be used for oral history research, while maintaining academic autonomy, are suggested.

• The Korean Journal of Archival Studies
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• no.56
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• pp.113-145
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• 2018

Japan has enacted the Public Records and Archives Management Law from 2011 in order to prevent mismanagement of records management and to fulfill accountability to the public. However, in 2013, The Designated Secrets Protection Act was enacted before the Public Records and Archives Management Law brought changes to administrative institutions. The Designated Secrets Protection Act have raised concerns that the public's right to know and the transparency of administration are being retreated, especially the development of freedom of information and records management systems. This article analyzed the background of the establishment of Designated Secrets Protection Act and the contents of legal composition. It also identified the possibility of human rights abuse in the aptitude assessment system, the lack of independent monitoring agencies, the impossibility of internal accusations, and the possibility of wide confidentiality designation. Furthermore, analyzed how the problem affects Japanese records management and freedom of information system. Through this, I suggested the improvement of the system of the secret level records management system in Korea, the establishment of the clear purpose of the secret record management, the application of the Tshwane principle, and the establishment of the independent and professional monitoring agency.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.19 no.5
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• pp.33-38
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• 2019

In this paper, we propose a new blockchain technology that could comply with GDPR. The proposed model can prevent illegal access by controlling access to the personal information according to a access policy. For example, it can control access to the information on a role-basis and information validation period. The core mechanism of the proposed model is to encrypt the personal information with public key which is associated with users attributes policy, and then decrypt it with a private key and users attributes based on a Attribute-based Encryption scheme. It can reduce a trusted third-part risk by replacing it with a number of nodes selected from the blockchain. And also the private key is generated in the form of one-time token to improve key management efficiency. We proved the feasibility by simulating the proposed model using the chaincode of the Hyperledger Fabric and evaluate the security.

• Journal of Korean Society of Archives and Records Management
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• v.21 no.1
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• pp.117-139
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• 2021

"Detailed Nondisclosure Standards" of an institution include subject information and rationale that should not be disclosed by the institution. According to the Information Disclosure Act, such standards must be established in consideration of the nature of work, and continuous implementation is required. However, studies that reviewed the purpose and role of "Detailed Nondisclosure Standards" or the status of public institutions' development and operation of such standards were insufficient despite such standards being an indispensable tool in practice and a major device to protect the people's right to know. Therefore, this study introduces the strategies of the public institution and the research team to develop detailed standards for nondisclosure through the case of institution A. This will be of practical help to public institutions that intend to develop detailed nondisclosure standards in the future based on communication between institution A and the research team and sharing details during the project process.

• International Area Studies Review
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• v.13 no.2
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• pp.573-600
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• 2009

Currently, the Free Trade Agreement(FTA) promoting regionalism or bilateralism has been increasingly concluded, which is against multilateralism of the WTO. The adoption of the TRS under the FTA carries various issues from the rationale of its existence to its contents. To explain these contradictory issues between the WTO and the FTA, this paper studied on the TRS by analyzing present cases and negotiation results of the TRS under the FTA and comparing them under the WTO. The TRS under the WTO agreement is limited only to antidumping, countervailing duties and safeguard as the agreed concept. When the negotiations of the FTA are on the process, it is necessary to adopt the TRS depending on the negotiating party countries of the FTA after considering fully the economic situations of Korea and the need of protection for the domestic industries. Currently, Korea has entered into the FTA with several countries and most of the agreements with respect to the TRS maintain and observe the right and duty in the WTO agreement and when necessary, in some of the FTA agreements, they have changed parts of the TRS. Consequently, it is needed to establish the basis for application of the TRS. Also, additional application of the SSG provision to some sensitive goods is highly recommended.

• The Korean Nurse
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• v.23 no.3 s.126
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• pp.44-50
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• 1984

한국여성은 전통적으로 대가족제도 속에서 육아 및 가사활동에만 종사해왔다. 그러나 산업화 및 사회구조의 변화로 여성들도 교육의 기회를 갖게 되었으며 전통적인 역할 수행에 대한 가치변화와 함께 여성의 사회적 역할을 필요로 하게 되었다. 반면에 가족 형태가 핵가족화 함으로서 가족 내에서의 자녀양육을 비롯한 가정적 역할이 더욱 중요시 되게 되었다. 오늘날 한국사회는 여성에게 현재의 사회구조와 핵가족 속에서는 시간적으로 동시에 수행할 수 없는 두 가지 상반된 역할을 강조하고 있는 것이다. 이러한 상반된 역할사이에서는 여성은 갈등과 좌절감을 느끼게 되며 이중적인 부담 속에서 생활하게 되었다. 본 원고에서는 전통적인 한국의 가족가치관을 살펴보고 건강관리 측면에서 여성의 역할을 살펴보고 건강관리 측면에서 여성의 역할을 살펴보고자 한다. 전통적 가족가치관과 여성-우리나라의 전통적 가족은 부계 중심의 혈연 계승을 중요시하는 가부장적 대가족제도라 할 수 있다. 따라서 부계 계승을 통한 가족의 영속성과 가 중심사상에 기반을 둔 철저한 가족주의적 가치관이 전통적 사회를 지배하여 왔다. 그러므로 자연히 개인보다 가족집단이 우의적인 지위에 있을 뿐만 아니라 모든 행동의 결정에도 중요한 준거 집단이 되었다. 이러한 가의 영속 및 번영을 가장 효과적으로 수행하기 위해서는 많은 자녀를 필요로 했으며 부계중심 가족에서 자연히 남아 선호사상이 강할 수밖에 없었으며 이것은 조상에 대한 의무요 책임이라 생각했다. 이러한 가부장권의 확대에 반비례해서 가정 내에서 여성의 지위와 역할은 축소되어갔다. 여성들의 절대적인 예속을 필요로 하여 삼종지도니 칠거지악이니 불경이부등의 도덕률을 만들었으며 여성들 스스로가 이러한 정절과 복종을 미덕으로 생각하도록 교육받음으로서 여성들 자신이 자기희생의 굴레 속에서 인내와 복종의 생활을 운명처럼 받아들이게 되었으며 남편과 자식을 위해서는 목숨까지도 희생하게끔 철저히 사회화되었던 것이다. 그러나 가족 제도 안에서의 남녀의 지위는 동위 항렬 내에서만 해당되고 항렬을 달리할 때는 삼종지도의 이론에 부합된다. 어머니로서의 존장련이 인정되어서 가정 내에서의 여성의 종속적인 지위에 비하여 모의 권한은 절대적이었다. 상례와 제례에서 어머니와 아버지에 대한 의식에는 차이가 없으며 내외 명부제도에 의해서 부인도 남편과 똑같은 대우를 받도록 되어있다. 이러한 존장련에 의한 모의 권리와 더불어 부부유별에 의해서 가사권의 독자적인 결정권도 인정되고 있었다. 건강관리 측면에서 여성의 역할- 전통적으로 건강관리에 관련된 한국여성의 역할은 1. 씨받이로서의 역할로 생명을 잉태하도록 돕고 건강한 아이의 수태를 위해 태교에 힘썼으며 2. 자녀의 의식주를 해결하는 가사 역할만을 담당하는 전통적인 여성의 역할만을 수행하였으며 출산한 생명을 건강하게 자라도록 건강관리를 철저히 하였으나 체계적인 건강관리는 되지 못하였으며 특히 식생활에 유의하였으나 정서, 사회면은 도외시 한 과잉보호현상이었다. 3. 결혼 후에는 남편의 건강관리를 위해 철저하였으며 특히 식생활에 유의하였고 정서적으로 부담을 주지 않도록 유념하였다. 4. 또한, 임종시 평안한 죽음을 맞도록 도왔다. 전통적으로 한국여성의 역할은 돕는 역할이었다.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.3-26
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• 2015

Recently, Practicing of ghost surgery and duty of informed consent of doctors have become a big issue in the medical dispute and lawsuits. The ground of admitting the informed consent and the agreement(self-determination of patients) can be based on the dignity of man and the right to pursue his happiness guaranteed under Article 10 of the constitution in theory. However there are no explicit legal regulations on the duty of the informed consent and there is no substantive legal enactment on the informed consent, but there is a collision between self-determination of patients and the discretionary power of doctors. If the discretionary power on the duty of the informed consent was extended it may result in the infringement of the right of surgical patients, so called arbitrary medical treatment. Relating to this issue, New Jersey Supreme Court held that a patient has the right to determine not only whether surgery is to be performed on him, but also who shall perform it. Moreover it held that a surgeon who operates without the patient's consent engages in the unauthorized touching of another and, thus, commits a battery'. But there are no ghost surgery cases adopting battery theory in Korea, and professional negligence has been considered rather than the battery, regarding an absence of hostile intent to injure patient. Supreme Court of Korea held that a doctor who operates a medical procedure without the patient's valid prior consent based on wrong diagnosis commits professional negligence resulting in injury, and the patient's invalid consent do not preclude wrongfulness'. However, if a health care provider conducts a completely non-consensual treatment or substitute surgeon without consent, the action should be plead in battery, not negligence, but if a health care provider violate his duty of care in obtaining the consent of the patient by failing to disclosure all relevant information (risks) that a reasonable person would deem significant in making a decision to have the procedure, the action should be plead in negligence, not battery. Therefore, the scope of patients' self-determination can be protected by stating clearly the scope of the duty of the informed consent and the exemption of the informed consent legislatively, it is considered that it is valid to legislate the limitation of the discretionary power.