• Informatization Policy
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• v.31 no.3
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• pp.3-33
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• 2024

This paper summarizes the legal problems and issues raised in relation to generative AI. In addition, we looked at what regulatory discussions individual countries or international organizations have in order to solve or respond to these issues or to minimize the risks posed by generative AI. Infringement of individual basic rights raised by generative AI, the emergence and control of new crimes, monopolization of specific markets and environmental issues are mainly discussed, and although there are some differences in the necessity and direction of regulation, most countries seem to have similar views. Regarding AI, the issues that are currently being raised have been discussed continuously from the beginning of its appearance. Although certain issues have been discussed relatively much, there are some differences between countries, and situations that require consideration of phenomena different from the past are emerging. It seems that regulations and policies are being refined according to the situation of individual countries. In a situation where various issues are rapidly emerging and changing, measures to minimize the risk of AI and to enjoy the utility and benefits of AI through the use of safe AI should be sought. It will be necessary to continuously identify and analyze international trends and reorganize AI-related regulations and detailed policies suitable for Korea.

• The Journal of the Korea Contents Association
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• v.12 no.10
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• pp.159-168
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• 2012

Freedom of speech is indispensable in Democracy. It is a rink among government agencies. Mass media as institutionalized means which forms public opinion impacts quite a few to a society. Mass media as a life media in our daily lives has characteristics of speed and prompt report. It is difficult to measure the effect on a society. Mass media is a lifeline in democracy because it has freedom of opinion for seeing, listening, speaking, and criticizing about the people's right to know in an information society. Our Constitution also guarantees freedom of the press, information(peoples's right to know), report, the collection of news, and edition. Because an unnecessary thing about a privacy is reported by mass media, it can violate defamation. This study seeks to be unbiased in reporting and what the principles of the Constitution for minimizing an invasion of a person's privacy is. This study also seeks freedom of speech and the right to know. In case that a personal honor is invaded by a mass media and a publication, this study provides the Constitution basis, Criminal Law basis, and Civic Law basis for remedy violation. A report for apology on newspaper and by television was widely used as "a proper punishment for honor recovery in the past". The constitutional court had decided that including the report of apology for "a proper punishment of honor recovery" in the article 764 of the Civic Law as a reason of freedom of conscience and the violation of personal rights was against the Constitution. Therefore, this study examples what is a legal remedy in practical?, where is legal basis of special remedy in the Civic Law, and what is a method by the Press Arbitration Law compared with the examples of other countries. On the other hand, because a mass media may injure a person's honor and infringe a person's privacy, if the report is categorized as a malicious press, the true role which mass media has to do may not demonstrated. In conclusion, this study was to minimalize infringement of mass media to a person and to seek a realistic alternative of a legal remedy.

• Korean Journal of Culture and Social Issue
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• v.12 no.1
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• pp.129-160
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• 2006

The purposes of this study were to find 1) the realities of social anxiety and perception of various kinds of social problems that exists in Korean society as well as the perception on the events that causes the social anxiety, 2) to see the difference of perceived level of social anxiety through variables of social demography and difference of perception on Korean society. The sample was distributed according to population size distinguishing the nation to 6 regions. The data of 1,375 adult respondents were analysed. The results are as follows. First of all, respondents mentioned that the most immediate problem to be solved in Korean society was financial anxiety, and the most desirable state of society was when the society is financially stabled. Single question was measured about social anxiety of Korean society and scored 6.84 from full marks of 10, showing difference in variables for instance sex, age, and subjective S.E.S. where women, aged under 20, and perceived low class group showed the highest rate of social anxiety. However, there weren't any difference found in social anxiety of the variables like presence of religion, educational background, residence, and monthly average household income. Also, there were differences in level of social anxiety according to the difference of perception of Korean society. Higher the perceived unpredictability, uncontrollability, and unmovability to the upper class, unfairness, and uncertainty, unreliability of the Korean society, higher the social anxiety. And the lower the perceived chance of success of reformation, higher the social anxiety. It was also found that the perceived social anxiety is influenced by social accidents and phenomenon as unemployment, economic depression, and the gap between rich and poor as well as the increase of crime through effluence of personal information. Finally the limitations and implications of this study were discussed.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.1
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• pp.3-30
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• 2011

According to the Article 86 of the United Nations on the Law of the Sea(UNCLOS) the provisions of high seas apply to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. Article 87 also stipulates the freedom of the high seas. International laws on the flight over the high seas are found as follows; Firstly, as far as the nationality of the aircraft is concerned, its legal status is quite different from the ship where the flags of convenience can be applied practically. There is no flags of convenience of the aircraft. Secondly, according to the Article 95 of UNCLOS warships on the high seas have complete immunity from the jurisdiction of any State other than the flag State. We can suppose that the military(or state) aircraft over the high seas have also complete immunity from the jurisdiction of any State other than the flag State. Thirdly, according to the Article 101 of UNCLOS piracy consists of any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft. We can conclude that piracy can de done by a pirate aircraft as well as a pirate ship. Fourthly, according to the Article 111 (5) of UNCLOS the right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. We can conclude that the right of hot pursuit may be exercised only military aircraft, or aircraft clearly marked and identifiable as being on government service and authorized to that effect. Fifthly, according to the Article 110 of UNCLOS a warship which encounters on the high seas a foreign ship, is not justified in boarding it unless there is reasonable ground for suspecting that: (a) the ship is engaged in piracy, (b) the ship is engaged in the slave trade, (c) the ship is engaged in an authorized broadcasting and the flag State of the warship has jurisdiction under article 109, (d) the ship is without nationality, or (e) though flying a foreign flag or refusing to show its flag, the ship is, in reality, of the same nationality as the warship. These provisions apply mutatis mutandis to military aircraft. Sixthly, according to the Article 1 (5)(dumping), 212(pollution from or through the atmosphere), 222(enforcement with respect to pollution from or through the atmosphere) of UNCLOS aircraft as well as ship is very much related to marine pollution. Seventhly, as far as the crime on board aircraft over the high seas is concerned 1963 Convention on the Offences and Certain Other Acts Committed on Board Aircraft(Tokyo Convention) will be applied, and as for the hijacking over the high seas 1970 Convention for the Suppression of Unlawful Seizure of Aircraft(Hague Convention) and as for the sabotage over the high seas 1971 Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation(Montreal Convention) will be applied respectively. These three conventions recognize the flag state jurisdiction over the crimes on board aircraft over the high seas. Eightly, as far as reconnaissance by foreign aircraft in the high seas toward the coastal States is concerned it is not illegal in terms of international law because its act is done in the high seas. Ninthly as for Air Defence Identification Zone(ADIZ) there are no articles dealing with it in the 1944 Chicago Convention. The legal status of the foreign aircraft over this sea zone might be restricted to the regulations of the coastal states whether this zone is legitimate or illegal. Lastly, the Arctic Sea is the frozen ocean. So the flight over that ocean is the same over the high seas. Because of the climate change the Arctic Sea is getting melted. If the coastal states of the Arctic Sea will proclaim the Exclusive Economic Zone(EEZ) as the ocean is getting melted, the freedom of flight over that ocean will also be restricted to the regulations of the coastal states.