• The Korean Society of Law and Medicine
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• v.23 no.3
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• pp.139-207
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• 2022

As various state restrictions on individual freedom were imposed during the COVID-19 pandemic, concerns have been raised that excessive infringements on fundamental rights were indiscriminately permitted based on the public interest of preventing infectious diseases. Therefore, the question of how to set acceptable limits of liberty restrictions on individuals has emerged. However, since the phenomenon of infections spreading to the population is only predicted statistically, how to deal with the risk of the infected individual as a subject of legal analysis has become a problem. In the absence of a theoretical framework of legal analysis of risk, the risk of infected individuals during the pandemic was not analyzed strictly, and proportionality review of infection prevention measures was often only an abstract comparison of the importance of public interest and individual rights. Therefore, this research aims to conduct a theoretical review on how risk can be conceptualized legally in a public health crisis, and to develop a theoretical framework for proportionality review of the risk of liberty-limiting measures during a pandemic. Chapter 2 analyzes the legal philosophical concepts of risk, which are the basis for liberty restrictions during a public health crisis, and applies and extends them to the pandemic. Chapter 3 reviews previous studies related to liberty restriction measures in the context of the COVID-19 pandemic, and points out they have a limitation that specific criteria for the proportionality review of public health measures in the pandemic have not been presented. Accordingly, Chapter 3 specifies the methodological framework for proportionality review, referring to the theoretical discussion on risks in Chapter 2. Chapter 4 reviews the legitimacy of gathering restriction orders, applying the theoretical discussion in Chapter 2 and the criteria for proportionality review established in Chapter 3. In particular, Section 4 examines logic of proportionality review in judicial precedents over the ban on gathering restrictions implemented in the COVID-19 pandemic. In analyzing the precedents, the logic of proportionality review in each case is critically reviewed and reconstructed based on the theoretical framework presented in this research.

• Convergence Security Journal
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• v.11 no.5
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• pp.99-108
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• 2011

The purpose of this study is to profile actual conditions of personal information protection systems operated in overseas countries and examine major considerations of personal information that security service providers must know in the capacity of privacy information processor, so that it may contribute to preventing potential occurrence of any legal disputes in advance. Particularly, this study further seeks to describe fundamental idea and principle of said Personal Information Protection Act; enhancement of various safety measures (e.g. collection / use of privacy data, processing of sensitive information / personal ID information, and encryption of privacy information); restrictions on installation / operation of video data processing devices; and penal regulations as a means of countermeasure against leakage of personal information, while proposing possible solutions to cope with these matters. Using cases among foreign countries for this study. Possible solutions proposed by this study can be summed up as follows: By changing minds with sufficient legal reviews, it is required for security service providers to 1) clearly and further specify any purposes of collecting and using privacy information, if possible, 2) obtain any privacy information by legitimate means as it is necessary to collect such information, 3) stop providing any personal information for the 3rd parties or for any other purposes except fundamental purposes of using privacy information, and 4) have full knowledge about duty of safety measure in accordance with safe maintenance of privacy information and protect any personal information from unwanted or intentional leakage to others.

• Journal of the Korean Society for Computer Game
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• v.31 no.4
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• pp.17-28
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• 2018

In recent years, Sandbox Games have become more and more popular in players, and The Elder Scrolls 5 Skyrim is the magnum opus of this type of game. However, the element of this game's attraction for players, which is why the game is fun to play is worth exploring in the territory of Game Design. In this paper, I will introduce the game The Elder Scrolls 5 Skyrim in detail, listing some of the game's storyline 、 Game Mechanics and analyze them. Researching the advantage and disadvantage viewed from the angle of Game Interactive Design. Finally by analyzing a large number of interactive storytelling cases in the game and the game experience brought to players, I get some universal principles in the game interactive storytelling design level. The research transforms the players' subjective intuition factor into a clear interactive storytelling design pattern, which aims to provide qualitative design criteria and framework for game interactive storytelling design. Then find a universal technique of Game Interactive Design, that is how to design a game interaction system for a sandbox game that will make the game attractive to players. And this may provide some guiding significance for the later Game Interactive Designing.

• 한국사회정책
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• v.25 no.2
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• pp.191-217
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• 2018

At the turn of the century, social policy in both developed and developing countries confronts new challenges and risks caused by the multiple crises in finance, food, energy and climate change. Changes in the structures of risks are particularly significant. In addition, the global economic crisis starting in 2008 has provided a new context of the global political economy. Both developed and developing countries have responded to these new challenges and risks differently. What risks do these responses aim to address? How can these responses address these risks? Can these diverse responses offer lessons for lower income economies attempting to address social development challenges alongside economic growth in the globalised and increasingly uncertain 21st century context? This paper aims to provide a critical review of the new trends, phenomena or directions of social policy discourse and practice to respond to the new risks in the context of development. Explaining the nature and forms of new challenges and risks and pointing out the potentials and limitations of social policy discourse, it introduces the key points of the previous research we have to keep in mind in formulating alternative social policy approaches. General principles and core elements of social policy in addressing new challenges and risks in the $21^{st}$ century, which are particularly visible in social policy reforms in emerging economies, are highlighted as a conclusion.

• Korean Journal of Construction Engineering and Management
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• v.20 no.1
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• pp.114-123
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• 2019

Tracking ICT applications on construction business processes is critical to the success of ICT-applied construction projects. Existing IDEF0 is a representative modeling method for visualizing and analyzing business processes. It defines a construction production process into a visual information model, hence, encouraging the project participant to understand the activities, their deliverable, and control flow of the process. However, IDEF0 dose not lend itself to ICT-applied construction processes, because it does not provide a mean to define how, in what order, by which each and every activity that ICT applied implements. This paper presents a new business modeling method that improves the traceability of ICT application (IAMB: ICT Application tracking Model for Business process) for construction management. The IAMB contributes to handle the sophisticated features of construction management processes to which ICT are applied. The method categorizes the process into three types: management, construction, and information exchange. The validity of IAMB was confirmed by analyzing the performance when it is used for tracking each modeling step of lift reservation process which making use of ICT. The test case provides an admissible evidence that the method encourage to define who, what, how, which order, and by which ICT tools the construction process exchanges production information.

• 기호학연구
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• no.54
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• pp.7-36
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• 2018

Michael Polanyi's idea of tacit knowledge came from the realization that scientific objectivity and critical philosophy had become too restrictive for philosophy, especially in the realm of meaning, which is beyond positivistic proof and contains more non-critical elements than critical ones. In social life, people still share certain kinds of knowledge and beliefs which they obtain without making or learning those explicitly. Contemplating the role and significance of tacit knowledge, he called for a post-critical philosophy that integrates the realm of meaning and thereby appreciates the intertwined nature of tacit and explicit knowledge. Polanyi's position towards skepticism and doubt shows similarities with Charles S. Peirce's thinking about the relationship between belief and doubt. Although Peirce's semeiotics stands firmly in the tradition of critical philosophy, he affirms that doubt cannot be a constant state of mind and only belief can form a basis for a specific way of life. Polanyi's approach differs from Peirce's by focusing on the impossibility of scientific knowledge based solely on principles and precision, and his emphasis on the crucial role of the community of scientists. Nevertheless, the deeper implications of Peirce's contemplations on belief and doubt have myriad ramifications on the philosophy of science as well as the sociology of science.

• Journal of Convergence for Information Technology
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• v.11 no.3
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• pp.20-33
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• 2021

This study is to suggest improvements of personal information protection in South Korea, according to requiring the safety of process and protection of personal information. Accordingly, based on data collection and analysis through literature research, this study derived the issues and suitable standards of personal information for major artificial intelligence services. In addition, this cases studies were reviewed, focusing on the legal compliance and porcessing compliance for personal information proection in major countries. And it suggested the improvement plan applied in South Korea. As the results, in legal compliance, it is required reorganization of related laws, responsibility and compliance to develop and provide AI, and operation of risk management for personal information protection laws in AI services. In terms of processing compliance, first, in pre-processing and refining, it is necessary to standardize data set reference models, control data set quality, and voluntarily label AI applications. Second, in development and utilization of algorithm, it is need to establish and apply a clear regulation of the algorithm. As such, South Korea should apply suitable improvement tasks for personal information protection of safe AI service.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.28 no.2
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• pp.127-136
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• 2010

This study is aimed at reviewed and analyzed in order to suggest the improved plans related to natural monuments. The summary of this study is as followings; First, Replacing the current term 'cultural properties', which denotes the meaning of 'goods', we need to devise an new categorization that separates such properties into cultural heritage and natural heritage under the national heritage framework. Second, the designation criteria for natural monuments should be divided into the individual realm for animals and plants respectively, since they are not divided in the current Act. Third, the guidelines for naming of natural monuments should be established with the following new categories in accordance with the clear standards. Fourth, such imbalances require us to give priority to the relatively neglected types and areas. Fifth, as the big and old trees account for more than a half of the designated plants, it is necessary to search out new resources(wet plant communities, seashores, sand dune plant communities, etc.) such as geological resources, mineral springs, hot springs, and fossils that are in danger of completely being exploited and exhausted. While most of the designated animals are protected nationally, the existing designation system is required to protect habitats and breeding places for the systematic and efficient conservation. Sixth, as long as we need to preserve those historical and cultural resources for the future generations from national and global perspectives, we should enhance their values by designating them as natural monuments even though they are protected by other regulations such as the natural environment area. Seventh, as a result of the survey, we found that more budgets and experts in the local governments, more empowered organizations, more active public participation should be provided for the better Natural Monument management in Korea. Eighth, the Lap of Natural Heritage in the National Research Institute of Cultural Heritage needs to be developed to the Natural Heritage Institute to conduct the diverse activities such as researches, restoration, exhibition and education programs in a systematic and efficient way. Ninth and the last, major damages to natural monuments can be generally categorized into the artificial one and natural one, respectively. The artificial damages include toxics, soil covering, excessive humidity, fire, construction and management works, unlawful damages, fishing, oil spillage, etc, and the natural ones include lightning, storms(typhoons), heavy snowfalls, damage by insects and diseases, lack of prey, etc. This study will become meaningful in that it proposes specific measures for the improvement of the institutions, designation, and management of natural monuments on the basis of the comprehensive analysis on natural monuments. We wish to leave the other subjects related with this study to the future researches.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.3-51
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• 2017

From a historical point of view, while the Warsaw Convention was passed in 1924 to regulate the unified judicial responsibility in the global air transportation industry, protection of airline consumers was somewhat lacking in protecting air carriers. In principle, the air carrier does not bear any obligation or liability when the aircraft is not operated normally due to natural disasters such as typhoon or heavy snowfall. However, in recent years, in developed countries such as the US and Europe, there has been a movement in which regulates the air carriers' obligation to protect their passengers even if there is no misconduct or negligence. Furthermore, the legislation of such advanced countries imposes an obligation on the airlines to compensate the loss separately from damages in case the abnormal operation of the aircraft is not caused by force majeure but caused by their negligence. Under this historical and international context, Korea is also modifying the system of aviation consumer protection by referring to other foreign legislation. However, when compared with foreign countries, our norm has a few drawbacks. First, the airline's protection or care obligations are mixed with the legal liability for damages in the provision, which seems to be due to the lack of understanding of the airline's passenger protection obligation. The liability for damages, which is governed by the International Convention or the Commercial Act, shall be determined by judging the cause of the airline's liability in respect of the damage of the individual passenger in the course of the air transportation. However, the duty to care and the burden for compensation shall be granted to all passengers who feel uncomfortable with the abnormal operation regardless of the cause of the accident. Also, our compensation system for denied boarding due to oversale is too low compared to the case of foreign countries, and setting the compensation amount range differently based on the time for the re-routing is somewhat unclear. Regarding checked-baggage claim, it will be necessary to refund the fee only from the fact that the baggage is delayed without asking whether there is any damage occurred from the delayed baggage. This is the content of the duty to care, which is different from the current Commercial Act or the international convention, in which responsibility is different depending on whether the airline takes all the necessary measures in order to prevent delaying of the baggage. The content of force majeure, which is a requirement for exemption from the obligation to care passengers on the airplane, shall be reconsidered. Maintenance for safe navigation is not considered to be included in force majeure, and connection to airplanes, airport conditions are disputable. According to the EC Regulation, if the cause of the abnormal operation of the airline is force majeure, the airline's compensation obligation is exempted but the duty to care of airline company is still meaningful. Furthermore, even if the main role of aviation consumer protection is on an airline, it is the responsibility of government agencies to supervise the fulfillment of such protection obligations. Therefore, it is necessary for the Korean government to actively take measures such as enforcing incentives for airlines that faithfully fulfill their obligation to care and imposed penalties on the contrary.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.2
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• pp.9-53
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• 2004

This paper described the contents of theme entitled "Domestic Legislative Problems on the Civil Liability of Air Carrier in Korea" including the current example of fourteen countries' legislation ((1) Great Britain, (2) United States of America, (3) Canada, (4)European Union), (5) Germany, (6) France, (7) Italy, (8) Spain, (9) Swiss, (10) Australia, (11) Japan, (12) People's Republic of China, (13) Taiwan, (14) North Korea) relating to the aviation law or air transport law. Though the Korean and Japanese aviation act has provided only the public items such as (1) registration of aircraft, (2) persons engaged in aviation, (3) operation of aircraft, (4) aviation facilities including airport, (5) air transport business, (6) investigate of aircraft accidents etc., but they could not regulated the private items such as the legal relations of the air transport contract (1) air passenger ticket, (2) air luggage ticket, (3) airway bill, (4) liability of air carrier, (5) amount of compensation for damage caused by aircraft accidents, (6)jurisdiction, (7) arbitration, (8) limitation of action, (9) combined carriage, (10) carriage by air performed by an actual carrier other than contracting carrier, damage caused by aircraft to the third parties etc. in their aviation act until now. In order to solve speedily the legal problems on the limitation of air carrier's liability and long law suit and disputes between wrongdoers and survivors etc, it is necessary and desirable for us to enact a new "Draft for the Air Transport Act" including the abovementioned private items. I would like to propose personally and strongly the legislation of "Draft for the Air Transport Act" in Korea in emphasizing the importance of ensuring protection of the interests of consumers air passengers and shippers in carriage by air and the need for equitable compensation between air carriers and survivors caused by the aircraft accidents such as the German Air Transport Act (Luftverkerhrsgesetz).