• 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.

• The Korean Journal of Archival Studies
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• no.57
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• pp.35-73
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• 2018

This study aims to elucidate the implications for 20 years of the establishment of the information disclosure law by analyzing contents of the public regulations of 50 states of the United States. For the purpose, it looks at the general outline of the open meetings law of the 50 states, including the requirements and procedure of the advance notification of the meeting, and the protest procedure and penalties for the violation of the law. As a result of analysis, under the law, public meetings should announce their schedule and agenda in advance, and minutes of meetings and recording of meetings should be accessible to citizens. Furthermore, a person who violates the law for opening meetings could be fined or imprisoned. The implications for the establishment of the Open Meetings Act in Korea are as follows: First, the open meeting system starts with the appropriate period and method of advance notice of meeting holding. Second, the substantive contents of the advance notification guarantee the effectiveness of the meeting disclosure system. Third, the method and subject of advance notification should be as wide and diverse as possible. Fourth, all decisions of the meeting that violate the law are null and void. Fifth, a system should be set up so that any citizen could easily raise objections to the violation of the law. Sixth, the person who violates the law should be held responsible. Lastly, citizen access to minutes, recordings as well as comprehensive meeting minutes writing including attendees, agendas, and ballots should be guaranteed.

• The Korean Journal of Archival Studies
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• no.59
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• pp.159-206
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• 2019

This study aims to analyze the details of the executive order of the president of the United States, which have been developed in the country's administrative system to institutionalize the guarantee of the people's right to know the classified records, as well as to protecting national secrets. This study also aims to present any implications for the development of the classified record management system of Korea. To this end, the previously issued EO concerning the classified records management were reviewed in terms of its classification, safeguard, and declassification. The analysis results showed that the EO by the president established and prescribed the special access program for national secrets, the system to exempt and suspend the automatic declassification, and the sanctions for protecting national secrets. The EO also established and prescribed the appointment system for the person with the authority to classify record, automatic declassification program, and Mandatory declassification review system, as well as the procedures for historical researcher and certain former government personal to access the classified records with the purpose of guaranteeing people's right to know. As a result, this study identified implications for the development of Korea's classified record management system, as follows : First, it is necessary to restructure the current classified record management system, by changing the operations that is dependent on the director of the National Intelligence Service to the one that is dependent on the President. Second, it is necessary to legislate a separate special law for the classified record management system. Third, a standing supervisory body should be established for the integrated management and for the consistent and routine supervision of the classified record management. Fourth, it is necessary to establish procedures to further review the classification of classified record to correct the defects of the current classification system, which has been abused and mismanaged by the national agencies and organizations that produce classified record.

• The Journal of the Convergence on Culture Technology
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• v.7 no.4
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• pp.765-778
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• 2021

The purpose of this study is to prevent fire accidents in advance by deriving prior knowledge among groups about temporary fire-fighting facilities of workers at construction sites and devising appropriate improvement measures. The findings are as follows.First, in the case of fire extinguishers, statistical attention was paid to the contractor, supervisor, partner worker and fire extinguisher manager between designations. 87% of fire managers and 70% of facility supervisors said fire extinguisher management managers needed to be designated for each type of construction, which requires designation of fire extinguisher management managers, frequently checking and relocating. Second, in the case of simple fire extinguishing facilities, statistical attention was paid to the application of penalties for unauthorized use of fire extinguishing facilities with construction companies, supervisors, and business partners.Third, in the case of emergency alarm measures, statistical attention was paid to the application of emergency alarm sound to temporary broadcasting facilities with construction works, supervisors, and business partners.Fourth, in the case of induction, statistical attention was paid to the application of connection between construction works, supervisors, and partner workers, such as passage guidance, emergency lighting, etc.It was found that 65% of construction workers and 55% of electrical workers had different applications such as aisle guidance and emergency lighting for each type of business partner. In order to resolve blind spots such as evacuation zone guidance due to the structure of the building, it is necessary to easily distinguish the direction of the entrance door from a long distance by applying it in conjunction with passage guidance lights and emergency lighting.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.169-195
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• 2020

With the increase in air transportation, air delays are inevitable, and the damage of air consumers is also increasing. In Korea, the Ministry of Land, Infrastructure and Transport announced 「the Criteria for Protection of Users of Air Transportation」, but the Criteria does not include aviation delays except Tarmac delay, but this criteria is a only public notice, not an Act. Lately, a clause about Tarmac delay was newly established as Article 61bis of the Aviation Business Act, and was enacted from May 27, 2020. The Air carriers' Tarmac delay are subject to mandatory regulations. This research showed how lawsuits were implemented for the protection of aviation consumers related to aviation delays prior to the imposition of this article. In addition, the study examined at the public law level, whether the protection rights of aviation consumers is the fundamental right under the Constitution and whether the government should be the main subjects of consumer protection. And then we studied the effect of enforcement about the Tarmac Delay Rule of the United States. This rule acts as a federal regulation. Subsequently, the Biscone case presented that it was not easy for the US court to accept a lawsuit against the passengers for tarmac delay. There are limitations in remedying the damages of airline consumers due to delays either in Korea trial or the U.S. trial. Finally it needs strengthening the penalty to secure the effectiveness of the Tarmac delay clause regulations. In order to protect airline consumers, it was proposed that the protection of aviation consumer law should be established through the revision as the Enforcement Rules of the Airline Business Act.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.237-264
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• 2017

With the onset of the Human Genome Project, social concerns about 'genetic information discrimination' have been raised, but the problem has not yet been highlighted in Korea. However, non-medical institutions' genetic testing which is related to disease prevention could be partially allowed under the revised "Bioethics and Safety Act" from June 30, 2016. In the case of one domestic insurance company, DTC genetic testing was provided for the new customer of cancer insurance as a complimentary service, which made the social changes related to the recognition of the genetic testing. At a time when precision medicine is becoming a new standard for medical care, discipline on genetic information discrimination has become a problem that can not be delayed anymore. Article 46 and 67 of the Bioethics Act stipulate the prohibition of discrimination on grounds of genetic information and penalties for its violation. However, these broad principles alone can not solve the problems in specific genetic information utilization areas such as insurance and employment. The United States, Canada, the United Kingdom, and Germany have different regulations that prohibit genetic information based discrimination. In the United States, Genetic Information Non-Discrimination Act takes a form that adds to the existing law about the prohibition of genetic information discrimination. In addition, the range of genetic information includes the results of genetic tests of individuals and their families, including "family history". Canada has recently enacted legislation in 2017, expanding coverage to general transactions of goods or services in addition to insurance and employment. The United Kingdom deals only with 'predictive genetic testing results of individuals'. In the case of insurance, the UK government and Association of British Insurers (ABI) agree to abide by a policy framework ('Concordat') for cooperation that provides that insurers' use of genetic information is transparent, fair and subject to regular reviews; and remain committed to the voluntary Moratorium on insurers' use of predictive genetic test results until 1 November 2019, and a review of the Concordat in 2016. In the case of employment, The ICO's 'Employment Practices Code (2011)' is used as a guideline. In Germany, Human Genetic Examination Act(Gesetz ${\ddot{u}}ber$ genetische Untersuchungen bei Menschen) stipulates a principle ban on the demand for genetic testing and the submission of results in employment and insurance. The evaluation of the effectiveness of regulatory framework, as well as the form and scope of the discipline is different from country to country. In light of this, it would be desirable for the issue of genetic information discrimination in Korea to be addressed based on the review of related regulations, the participation of experts, and the cooperation of stakeholders.

• Korean Security Journal
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• no.61
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• pp.39-57
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• 2019

The executive authority of the Ministry of Public Administration and Security on the 'management of security of the government complexes' is not sufficiently secured only with the organization law, the Government Organization Act. It is needed to establish an administrative actions law, an individual law that sets detailed contents and limitations of the executive authority to be stipulated. The current regulation, Regulation on the Management of the Government Complexes which is a Presidential Decree, is a legal decree that lacks a legal basis. The decree does not match with the current constitutional framework and raises the issue of its legality. The regulation may have the characteristics as a public property management law so far as it stipulates such matters as supply and maintenance management for the complexes, acquisition and disposition of complexes, facilities management of complexes, etc. However, the regulation includes high authority actions by an administrative organization, such as facilities security and order maintenance including restriction and control of access. This makes the regulation have the characteristics of a public property policy act as well. To supplement the legal framework for this situation, it is needed to level up some of the provisions relating to protection and security management to the level of an act as they stipulate high authority actions by an administrative organization. Other matters in the Regulation on the Management of the Government Complexes such as provisions relating to supply and allocation of complexes, etc. may be maintained as they are. In addition, the protection officers (general service official) does not own legal authority and have limitations on securing the capability to deal with the situations on implementing the on-site protection duty. Therefore, it is needed for the protection officers to secure protection duty-related authority by stipulating in a law. The main contents of the law on the protection and security of the government complexes may be those matters providing reservations on the implementations of laws. These may include the limitation of rights of and charging obligations on the people such as restricting the actions of personnel in the complex, rights and obligations of protection personnels relating to their duties, use of weapons, training of protection personnel, penal provisions, etc. These legal reservations should be included in an individual act.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.75-103
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• 2020

There is a growing voice that medical information should be shared because it can prepare for genetic diseases or cancer by analyzing and utilizing medical information in big data or artificial intelligence to develop medical technology and improve patient care. The utilization and protection of patients' personal information are the same as two sides of the same coin. Medical institutions or medical personnel should take extra caution in handling personal information with high environmental distinct characteristics and sensitivity, which is different from general information processors. In general, the patient's personal information is processed by medical personnel or medical institutions through the processes of collection, creation, and destruction. Still, the use of terms related to personal information in the Medical Service Act is jumbled, or the scope of application is unclear, so it relies on the interpretation of precedents. For the medical personnel or the founder of the medical institution, in the case of infringement of Article 24(4), it cannot be regarded that it means only medical treatment information among personal information, whether or not it should be treated the same as the personal information under Article 23, because the sensitive information of patients is recorded, saved, and stored in electronic medical records. Although the prohibition of information leakage under Article 19 of the Medical Service Act has a revision; 'secret' that was learned in business was revised to 'information', but only the name was changed, and the benefit and protection of the law is the same as the 'secret' of the criminal law, such that the patient's right to self-determination of personal information is not protected. The Privacy Law and the Local Health Act consider the benefit and protection of the law in 'information learned in business' as the right to self-determination of personal information and stipulate the same penalties for personal information infringement such as leakage, forgery, alteration, and damage. The privacy regulations of the Medical Service Act require that the terms be adjusted uniformly because the jumbled use of terms can confuse information subjects, information processors, and shows certain limitations on the protection of personal information because the contents or scope of the regulations of the Medical Service Law for special corporations and the Privacy Law may cause confusion in interpretation. The patient's personal information is sensitive and must be safely protected in its use and processing. Personal information must be processed in accordance with the protection principle of Privacy Law, and the rights such as privacy, freedom, personal rights, and the right to self-determination of personal information of patients or guardians, the information subject, must be guaranteed.

• (The) Research of the performance art and culture
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• no.18
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• pp.315-346
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• 2009

Korean 'Sin-Pa' play is a way to examine self-reliance of Korean culture and influence of Japanese culture on the Korean one in the early modern times. Although the 'Sin-Pa' play has been estimated negatively in many aspects, such an estimation can be different depending on the methodology. Therefore, I tried to explain a characteristics of the rise of 'Sin-Pa' play. While making these trials, I made efforts to reappreciate the developing process of Korean 'Sin-Pa' play and its theatrical structure and value. Particularly, I focused on structure of 'Sin-Pa' play in the context of an actual cognition of colonized Korea. Based on the 'Sin-Pa' play's repertoires I found out that one of the representative characteristics of Korean 'Sin-Pa' play is a changing process from orality to literacy. And I made attempts to uncover some ideological functions and their effects of 'Sin-Pa' play, focusing on and whose story line is usually consisted of 'provocation-pangs-defeat' while it interacted with 'provocation-pangs-penalty' of the structure of melodrama under the contemporary cultural conditions. 'Sin-Pa'' play can be considered as a performance mode to accept the Japanese value embedded in the colonized Korea since the 1910s on the one hand and to resist the overwhelming power of western culture imported through Japan on the other hand. In other words, it was closely related with the cultural-field of that period. Based on these results of this research, I tried to outline what the mode of 'Sin-Pa' was, what it reflected, and what it desired for under the influence of the contemporary cultural conditions. I analysed double qualities of 'Sin-Pa' play as a dominant narrative and/or a resistant narrative considering its relationship with the people of colonized Korea. And also I examined the place of the 'Sin-Pa' play in the history of theatre and in the history of culture.

• The Korean Society of Law and Medicine
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• v.23 no.1
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• pp.37-80
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• 2022

By analyzing informed consent and the refusal of emergency medical treatment (called patient dumping) under the current Emergency Medical Service Act, this study suggests that an emergency medical professional is only liable for patient dumping if their duty to protect the patient's life takes precedence over the patient's right to self-determination. In emergency medical situations, as in general medical situations, medical treatment should be performed after the emergency medical professional informs the patient about the medical treatment, including its necessity and methods, and obtains consent from the patient. Refusing or evading the performance of emergency medical services on the excuse of the informed consent not considering a waiver or alteration of informed consent requirements without reasonable reasons violates the Emergency Medical Service Act and thus makes an emergency medical professional liable to administrative disposition or criminal penalty. In other words, depending on the existence of a waiver of alteration of the informed consent, patient dumping may be established. If the patient is a minor or has no decision-making ability, and their legal representative makes a decision against the patient's medical interests, the opinion of the legal representative is not unconditionally respected. A minor also has the right to decide over their body, and the decisions of their legal representatives should be in the patient's best interests. If the patient refuses treatment, in principle, the obligation of life protection of emergency medical professionals is the top priority. However, making these decisions in the aforementioned situations in the emergency medical field is difficult because of the absence of explicit regulations regarding these exceptional problems. This study aims to organize the following precedents of the Supreme Court of Korea. The court states that, when balancing the conflicting interests between the duty to provide emergency medical service and the duty to inform is unavoidable for emergency medical professionals, they should put the duty to protect the patient's life ahead of the duty to inform if the patient's life matters. Exceptionally, when a patient has seriously considered whether they should receive treatment before the emergency medical situation, their right to self-determination can be considered equal to the obligation of emergency medical professionals to provide emergency medical treatment. This research also suggests that an amendment of the Emergency Medical Service Act should include the following. First, the criteria for determining the decision-making ability of emergency patients should consist of medical content. Second, additional consent from a medical professional is unnecessary for first-aid treatment. Finally, new provisions for emergency medical obligations for minors, new provisions for the decision standard when there are conflicting opinions about the treatment of a patient, and new penalty provisions for professionals who suspend emergency medical examinations and treatments need to be established.