• Title/Summary/Keyword: 권리 침해

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A Thought on the Right to Be Forgotten Articulated in the European Commission's Proposal for General Data Protection Regulation (유럽연합(EU) 정보보호법(General Data Protection Regulation)개정안상의 잊혀질 권리와 현행 우리 법의 규율 체계 및 앞으로의 입법방향에 관한 소고)

  • Hah, Jung Chul
    • Journal of Digital Convergence
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    • v.10 no.11
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    • pp.87-92
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    • 2012
  • In the early 2012, European Union proposed new legal framework, including the right to be forgotten, for the protection of personal data. The new Proposal articulates kind of sweeping new privacy right and there has been debates on its potential threat to free speech in the digital age. While the situation is similar in Korea, I want to introduce the right to be forgotten in the Proposal. Then, I will analyze current legal system in Korea regarding the new privacy right and suggest some guidelines in searching direction for the coming legislation with respect to the right to be forgotten. The right to be forgotten should not have been promulgated without considering fully its effect on the free speech, especially in the society where the voice toward direct democracy or movement toward participation of the citizen, mainly through cyber space or Social Network Services, has risen much higher in Korea. Especially, the new right seems not to cover the control of data subject on a third party where the third party expressing his opinion by posting himself other's personal data on his blog or others.

Measurements on Legislation of User-Protection Act in the Era of ICT-Convergence (ICT융합에 따른 방송통신 이용자보호 법제의 합리적 개선방안)

  • Park, Jong-Su
    • Journal of Legislation Research
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    • no.44
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    • pp.103-153
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    • 2013
  • This article aims at the legislation of User-Protection Act in area of ICT. In these days telecommunication and broadcasting are getting more and more convergent. The paradigm of ICT is turning over from the service provider to the end-user. User protection has been in each erea of ICT (C-P-N-D) individually regulated. In the area of telecommunication it is important to protect the interest of user, who stands in contract with the service provider. And in area of broadcasting it is important to protect the interest of viewers, who stands "gratis" with the broadcasters without any contracts. For the more efficient user-protection it is also necessary to make a dedicated organization under KCC(Korean Communications Committee). In this early year the government organization was divided into MSIP(Ministry of Science, ICT and future planing) and KCC. The user-protection act will be very important instrument of ICT regulation in the era of creative economy. It is necessary to establish a new frame act of user protection. It is also necessary to make start to establish a new system of user education in erea of ICT. It is strongly expected the new act will be a turning point of ICT development in Korea.

Development of a Copyright Protection System for Computer Forensics (컴퓨터 포렌식을 위한 디지털 저작권 보호시스템 개발)

  • Lee, Wol-Young;Hwang, Chul
    • Journal of Korea Multimedia Society
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    • v.10 no.3
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    • pp.365-372
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    • 2007
  • The information of world is most likely to be created as digital data. These digital productions need some legal protection mechanisms or techniques because users can illegally use them. Thus many researchers are developing various techniques. Currently most techniques are focusing on the physical and chemical methods like disk inspection for taking legal evidence about production infringement. This paper has developed a computer forensics-based copyrights protection system capable of detecting and notifying disobedience facts when user uses illegally a production. Furthermore if the user infringes continually the production the system stores the infringement facts to take the legal evidence by mapping to law for intellectual property right. The technique can protect data from digital evidence manipulation or destruction.

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Job Characteristics of Care Workers in Elderly Care Voucher Service as a Quality Element (사회서비스 품질 요소로서 제공인력의 근무특성 : 노인돌보미 바우처 사업을 중심으로)

  • Choi, Eun-Young
    • Korea journal of population studies
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    • v.33 no.3
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    • pp.101-121
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    • 2010
  • The purpose of this study is to examine the job characteristics of care workers in elderly care voucher service emphasizing a social service quality management approach. The study sample was composed of randomly-selected 233 centers which dispatched care staffs to clients' home. Descriptive analyses were performed for examining the unique aspects of relationship-based labor of care staffs, and logistic regression analyses were performed for investigating the association between service quality structure and human right violation against staffs. As the first empirical study focusing on staff-side service quality factors, this study found out that human right violation against staffs was mainly influenced by record-keeping and document management capacity of center, risk protection under insurance, compliance of standard contract procedure, and regular supervision. These results suggest particular policy attention should be given to basic protection for and set-up of core activity boundaries of care workers as well as clients-centered rights both for preventing human right violation and improving overall social service quality.

Reasonable Limits to Contents and Submission of Victim Impact Statement -From Psychological Perspective- (피해자충격진술의 내용 및 방법에 대한 비판적 검토 -심리학적 관점을 중심으로-)

  • Lee, Kwon Cheol;Lee, Young Lim
    • The Journal of the Korea Contents Association
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    • v.16 no.9
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    • pp.531-544
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    • 2016
  • Victim Impact Statement, adopted as a crime victims' right, has been implemented in Korean criminal justice system since 2007, and known that the statement enlarges victims' right in courts and alleviates their suffering resulted from the crime. The statement, however, has raised concerns of infringing on a defendant's procedural rights. Scholars and practitioners had focused more on the legal issue, overlooking psychological effect of the statement to decision-makers in courts. This research reviews fallacy of impact assessment and therapeutic effect from psychological perspective, and also suggests alternatives to assuage the concerns by admission of the statement.

A Study on Improving the Privacy for personal information collected for statistical processing (통계처리를 위해 수집된 개인정보에 대한 개인정보보호 개선방안에 관한 연구)

  • Bae, Sang-ho;Shin, Je-su;Chun, Sam-hyun;Chung, Hyun-soo
    • Journal of Convergence Society for SMB
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    • v.6 no.2
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    • pp.25-30
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    • 2016
  • Personal Information Protection Act does not apply to certain personal information processings and personal information management as well as the data subject's right to access to their personal information collected by public authorities pursuant to Statistics Act. Such exclusion may lead to problems such as misuse and mishandling of personal information by data controllers as well as infringement upon the data subejct's right to control over their personal information. This study is to find solutions to the above problems, considering the public interests of statistics and the facilitation of the collection and the use of statistics. Ultimately, the study is to suggest recommendations for the Personal Information Protection Act to ensure the data subject's rights to request access and rectification as well as safe management of the collected personal information.

A Legal Analysis of Identity Revelation of Malicious Crime's Suspect (강력범죄 피의자의 신상공개에 대한 법적 고찰)

  • Jeong, Cheol-Ho
    • The Journal of the Korea Contents Association
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    • v.12 no.7
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    • pp.156-168
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    • 2012
  • As the increase of violent crimes such as robbery, murder, and rape has become a social problem, the government is considering institutionalizing the identification of criminals to prevent crime and to guarantee people's right to know. Such an atmosphere led to the approval of the revision of 'Special Law On the Punishment of Specific violent Crimes' in the National Assembly in April 2010. The revision allows the revelation of the profiles of crime suspects including the pictures of their faces at the investigation stage. However, whether the revision had been effective in preventing crime has not been demonstrated empirically. Moreover, identity revelation is a grave intrusion into privacy and an abuse of human rights such as personal rights and the right to a fair trial, since personal information of criminal suspects would be released to the media prior to the court's final judgements. Also it violates the principle of presumption of innocence, the principles of due process, the principle of double jeopardy, the principle of prohibition against excessive, the principles of clarity, and the principle of liability.

A Study of Fair Use of Parody and Copyright Judgement in TV Advertising (영상광고에 나타난 패러디의 공정이용과 저작권에 관한 연구)

  • 이은종
    • Archives of design research
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    • v.17 no.3
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    • pp.363-372
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    • 2004
  • Lannon(1994) asserted, 'Today consumer market has reached its maturity, and products gets more and more similar. So brands should be distinguished from competitors by emotional values.' Parody ads, one of advertisements appealing to emotion, would distort some original work well known to the public with its blemish or seriousness on target by imitating or exaggerating it regardless of expression styles, and announce the results to criticize the work itself or social situations or excite laughter. Such parody ads are stimulating consumers' emotion in particular and diverse methods. But This study on parody and especially parody in advertising, deals with the basic concepts of parody in advertising, as well as copyright infringement issues highlighting the different legal interpretations in American and Korean law when dealing with indiscreet cases of parody in advertising. some suggestions are made on desirable and forword-looking solutions. Different to the acceptance of parody in the American culture, Korean law was limiting in allowing parody to be used and applied.

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Empirical Analysis on Economic Factors of Infringement on Ocean Sovereignty from Chinese fishing boats (중국어선 해양주권 침해의 경제적 요인에 관한 실증적 연구)

  • Oh, Sang-Jin;Choi, Kyoung-Hoon;Park, Gyei-Kark
    • Journal of Korea Port Economic Association
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    • v.33 no.3
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    • pp.69-90
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    • 2017
  • Areas of marine activity have expanded into exclusive economic zones and the continental shelf since the United Nations Convention on the Law of the Sea(UNCLOS) in 1994, The signatory countries have been enforcing their maritime rights and competition in the international community has become intensified. Marine-related issues, including maritime sovereignty, has become an increasingly important issue with many national security and related studies following this trend. However, while there are many policy-related studies there remain few empirical studies. This paper conducted a study of illegal cases of Chinese fishing boats which are quite frequently for an empirical study on maritime sovereignty. This study conducted empirical analysis regarding factors relating to ocean sovereignty infringement by using correlation and multiple regression analysis. The result of observed increases in illegal Chinese fishing boats decreased the production of aquatic products, whish resulted in economic fishery losses to Korea households and inflation in the Korean economy.

A Study on the Improvement of Security Vulnerabilities in Intelligent Transport Systems (지능형교통시스템의 보안취약점 개선방안에 관한 연구)

  • Jo, Pyoung Hyun;Lim, Jong In;Kim, Huy Kang
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.23 no.3
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    • pp.531-543
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    • 2013
  • The destruction and prejudice of major infrastructure such as energy, broadcast, communication and transportation could result in a threat to individual rights and liberties, as well as social and economic losses. If a traffic signal control facilities have been violated, the lives of the citizens discomfort as well as causing social disruption such as traffic accident. Because the control system is operating as a closed network and you think it is safe, the information protection system has not been built or security patches and anti-virus updates do not work properly. So, cyber attacks by security vulnerabilities are exposed. Therefore, there is a need to identify the characteristics of the system, and develop appropriate countermeasures in order to prevent cyber attacks and prejudices incidents. This paper examines the vulnerabilities of Intelligent Transport Systems and proposes the improvement of security vulnerabilities.