• Journal of the Korean Society for Library and Information Science
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• v.44 no.4
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• pp.277-301
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• 2010

Since the England's Parliament revised the British copyright law and enacted the first copyright exception specifically for libraries (user or service) in 1956, copyright exceptions applicable to libraries have been an important part of world copyright laws through the last few decades. Copyright exceptions for libraries are a critical legal tool to preserve intellectual and cultural heritage, promote equitable access to knowledge and information to the public, and to support learning and research. Based on these reasons, this study analyzed and compared the current state of copyright structure and limitations or exceptions for library in six major countries(United States, United Kingdom, Germany, France, Japan, and Republic of Korea).

• Journal of Korean Library and Information Science Society
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• v.43 no.1
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• pp.349-369
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• 2012

This study aims to examine the problems of the Article 31 of the Korean Copyright Act and to suggest the improvement of the Article 31. The study analysed the establishment and revisions of the Act and the Article 31. The study suggests the followings for the improvement of the Article 31: firstly, to limit copyright limitations for libraries operated by profit organizations but to extend copyright limitations for libraries operated by non-profit organizations, secondly, to abolish the system of property rights compensation, thirdly, copyright organizations and library associations closely discuss to solve the problems on reproduction prevention measures, the amount of reproduction, the inter-library loan of library materials among libraries.

• Journal of Information Management
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• v.42 no.2
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• pp.1-21
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• 2011

The copyright law is the greatest legal tool for promoting access to knowledge and information by striking a balance between owners rights and users rights. For libraries, copyright limitations and exceptions are critical to meeting our missions to support learning and research, promote the flow of information, provide equitable access to information to the public, preserve intellectual and cultural heritage. Based on these reasons, this study analysed the limitation of copyright law of Korea for library, suggested improvement of reproduction for the library preservation and distribution including rental and lending, printout and transmission of internet information resources, copy of library materials which are rarely available through normal trade channel and government publications, reproduction and electronic transmission for persons with disabilities, and proposed fair use model(limitations on exclusive rights) for libraries.

• Korean Journal of Social Welfare
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• v.55
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• pp.231-254
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• 2003

The main premise of this study is that the assurance on human rights of the mentally ill is contradictory to 'the greatest happiness of the greatest number' or 'therapeutic benefits'. Accordingly this study aims to find out the conceptual framework of assurance and restriction on human rights of the mentally ill. Using qualitative method, this study conducted the in-depth interview with 10 general public, 9 professionals, 6 mentally ill regarding the several issues of human rights included long-term hospitalization, restriction on driver's licence, involuntary hospitalization, restriction on communication in psychiatric ward. Research results are as follows ; two sets of dimensions are inferred from the analysis of interview transcript. First dimension is the focus of justification, ranging from the emphasis on positive consequences influenced to 'the greatest numbers'(the utilitarian thought) to the emphasis on assurance of rights without any conditions(the deontological thought). Second dimension is the locus of decision, raging from the formal system included the professionals and the government agency to the informal system included the families and the mentally ill. And there are differences in attitudes toward assurance and restriction on rights of the mentally ill among general public, professionals, and the mentally ill. In detail, general public regarded that 'involuntary hospitalization' and 'restriction on driver's license' which are apt to be directly harmful to people must be justified by consequence-centered and decided by the formal system, while 'long-term hospitalization' which is less harmful to people could be justified by right-centered and decided by the formal-system. And they thought that 'restriction of communication' could be justified by right-centered and decided by the informal system. Based on the findings, this study would conclude that practical guidelines for the promotion of human rights of the mentally ill must be developed.

• The Journal of the Korea Contents Association
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• v.17 no.3
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• pp.138-149
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• 2017

The objective of this study was to investigate and analyze the problems on 'System for Author's Property Right Limitation' in the North Korean Copyright Law. The NK Copyright Law had applied the international standards superficially, it may not be considered to get out of the grand frame of NK system. Especially, it is different that there is lack or short of contents on transfer, disposition, succession, trust, and so on for Author's Property Right. For example, free usages of Literary Works upon the NK law of Author's Property Right were described as 9 cases including copy and translation for personal purpose; copy in the library, etc. However, there are many insufficient items in view of international standards among the cases, showing omissions of critical terminology such as publications of literary works, purpose of usage, scope of usage, etc. Therefore, the NK law of Author's Property Right is interpreted not to be satisfied with the requirements for the law of Author's Property Right but to be legalized in terms of external announcement, and it seems not to be considered as the Author's Property Right Law with general standards enough to demonstrate the creativity freely.

• Proceedings of the Korean Society of Computer Information Conference
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• 2024.01a
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• pp.101-103
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• 2024

본 논문에서는 잊혀질 권리에 대한 법제도 및 법정책적 검토를 논하고자 한다. 잊혀질 권리는 알권리, 표현의 자유 등 다른 기본권과 충돌할 수밖에 없기 때문에 이 권리를 법률로 구체화하는데 다각적인 학제 간 연구가 선결문제로써 검토되어야 한다. 정보 주체에게 잊혀질 권리를 법제화하는 것은 그 정보를 사용하려는 사람의 표현의 자유를 제한하는 결과를 초래하기 때문에 일정한 한계를 노출할 수밖에 없다. 현행 개인정보 보호법, 정보통신망 이용촉진 및 정보보호 등에 관한 법률 등에서 개인정보의 파기제도를 신설하여 부분적으로 잊혀질 권리를 반영하고 있지만 헌법상 중요한 가치인 잊혀질 권리와 알권리 및 표현의 자유에 대해 조화롭게 균형을 찾는 것이 선행과제인 것이다.

• Proceedings of the Korean Society of Computer Information Conference
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• 2015.07a
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• pp.121-123
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• 2015

본 논문에서는 잊혀질 권리에 대한 법정책적 검토를 논하고자 한다. 잊혀질 권리는 다른 기본권과 충돌할 수밖에 없기 때문에 이 권리를 법률로 구체화하는데 다각적인 학제 간 연구가 선결문제로써 검토되어야 한다. 정보 주체에게 잊혀질 권리를 법제화하는 것은 그 정보를 사용하려는 사람의 표현의 자유 및 국민의 알권리를 제한하는 결과를 초래하기 때문에 일정한 한계를 노출할 수밖에 없다. 비록 현행 개인정보보호법 및 정보통신망 이용촉진 및 정보보호 등에 관한 법률 제44조의 2는 개인정보의 파기제도를 신설하여 부분적으로 잊혀질 권리를 반영하고 있지만 헌법상 중요한 가치인 프라이버시권과 표현의 자유 및 알권리의 조화롭게 균형을 찾는 것이 선행과제인 것이다.

• Journal of Korean Library and Information Science Society
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• v.33 no.1
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• pp.15-34
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• 2002

This study investigated the copyright problems in the course of distance teaming. The Copyright Act of Korea is built to protect the rights of authors and the rights neighboring on them and to promote fair use of works in order to contribute to the improvement and development of culture. However, for efficient use of library's materials for distance education, some articles in the Copyright Act of Korea is needed to be changed. We suggested the revision in the article 23 “Reproduction for the Purpose of School Education” and the article 28 “Reproduction in Libraries, etc”.

• Journal of Digital Convergence
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• v.12 no.6
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• pp.1-11
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• 2014

With the drastic development of technology for almost eternally saving digital information, cases for giving sufferings to a person who deserves to enjoy privacy have increased. So I study the right to be forgotten focusing on the collision between that right and freedom of expression. I also study the concept of the right to be forgotten and its legal basis for the protection of that right. That right can be protected mainly by the self-decision making right under the Article 10, and secondly the privacy right under the Article 17 of the Constitutional Law. The Press Arbitration Law can be applied to protect the right to be forgotten, but that Law needs the revision of time-limit clause for complain, protection clause for the right to ask to delete factual past article, and the clause of staleness doctrine for the consent of giving personal information.

• 정보화사회
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• s.126
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• pp.44-47
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• 1998

건전통신 이용문화 확산 운동은 국민의 의식개혁 운동 차원에서 모든 국민이 자발적으로 참여할 수 있도록 하는 것이 중요하나 피해의 정보가 커 휴대폰 사용을 제한해야 하는 장소, 즉 병원내, 항공기 안, 운전중에서의 핸드폰 상요법은 법.제도적인 뒷받침을 통해 통신의 권리를 제한하는 방안을 강구중에 있다.