• Title/Summary/Keyword: 법률 규제

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The Improvement Plan for Personal Information Protection for Artificial Intelligence(AI) Service in South Korea (우리나라의 인공지능(AI)서비스를 위한 개인정보보호 개선방안)

  • Shin, Young-Jin
    • 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.

Study on Significance and limitations of the Enactment of the Advanced Regenerative Bio Act (첨단재생바이오법의 제정 의의와 제한점)

  • Sohn, Seong Goo;Kwon, Kyeng Hee
    • The Korean Society of Law and Medicine
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    • v.22 no.4
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    • pp.159-184
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    • 2021
  • The significance of the enactment of the 「Act On The Safety Of And Support For Advanced Regenerative Medicine And Advanced Biological Products」 is to break away from the regulation of the Pharmaceutical Affairs Act and expand patient treatment opportunities through a medical technology approach to regenerative medicine, which is essentially a medical practice called 'transplantation'. However, more than a year after the law was enacted, clinical study has not been activated, with not a single high-risk study approved by the Ministry of Food and Drug Safety being approved. The reason is that despite the legal purpose of expanding patient treatment opportunities, the data requirements for clinical study approval are set in connection with drug development despite the insufficient legal basis, making it difficult for many researchers to meet the data requirements. Prior to the enactment of the Act, submitted data for clinical study on cell therapy products within the Pharmaceutical Affairs Act were cosiderably exempted from quality and non-clinical test data, but with the enforcement of the Advanced Regenerative Bio Act, quality and non-clinical test data are required in accordance with pharmaceuticals when applying for approval of a clinical study plan. To rectify this, when considering the identity of clinical study on advanced regenerative medicine to expand treatment opportunities, recognize that there are limitations in connection with drug development. And it is necessary to preserve the identity of clinical study on advanced regenerative medicine, and on the other hand, in the case of drug product approval, clinical study results should be utilized while specifying usage requirements. Therefore, with the power of the market and the voluntary motive of the clinical researcher, it is necessary to prepare the necessary data by themselves rather than the basic requirements for clinical study approval.

Study of Annoyance in Relation to Exposure Time to Demonstration Noise (집회소음 노출시간에 따른 성가심도 연구)

  • Park, Hyung-Woo;Bae, Myung-Jin
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.16 no.6
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    • pp.103-108
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    • 2016
  • The size of urban areas is currently growing and the functions of cities are becoming increasingly complicated. Furthermore, more people are living in cities. The life of urban is getting closer and linked with neighboring people in many parts. In particular, people are making artificial noise, even though it might not consciously be noticed, in their daily live. Seoul is the most crowded place in Korea and the noise levels are 73dB or higher. People living in cities are exposed to noise pollution. In particular, loudspeakers used during demonstrations or to generate publicity, cause considerable noise, which in turn can be related to stress. Moreover, the noise restrictions defined by law are not adhered to. If enhanced noise regulations, no matter how residents are not forced to be a great stress field close to the noise and reduces the loudness -5dB do not feel well if the difference. Limiting the duration of noise rather than reducing the volume thus is a much more plausible way of reducing the damage caused by noise pollution. If the stress caused by the noise, you will see people or vehicles holding a megaphone at the roadside is not good for health if it may be a wise way to live that is getting rid of the noise pollution so quickly out of the area.

A Study on Regulation Improvement of Local Ventilation System (국소배기장치의 규제개선에 관한 연구)

  • kim, Nam Suk;Kim, Young Suk;Woo, In Sung
    • Journal of the Korean Institute of Gas
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    • v.22 no.3
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    • pp.74-83
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    • 2018
  • Anyone who wants to install local ventilation system must obtain a permission from the Ministry of Employment and Labor even if he has permission from the Ministry of Environment. This is because not only the Atmospheric Environmental Protection Act, but also the manufacturing industry's hazardous risk prevention plan under Article 48 Clause 2 of the Industrial Safety and Health Act is to be submitted by 15 days before the construction. Under the current Environmental Protection Act, the Ministry of Environment regulates only the emission of pollutants from local exhaust ventilation systems into the atmosphere and the contents of workers' safety and health within industrial sites are managed by the Ministry of Employment and Labor. Even with the approval of the Ministry of Environment, the number of unsuccessful cases by the Ministry of Employment and Labor has increased, causing a growing discontent among the sites due to production delays and additional costs of improvement. In addition, local exhaust systems that are at greater risk of fire explosion have increased the risk of severe industrial accidents due to fire explosion. This is due to insufficient design of air volume, control speed, return speed, duct size, and risk of fire explosion. This is because the criteria and procedures for approval of local exhaust ventilation systems are similar, but the Industrial Safety and Health Act adds additional screening items for safety and safety of workers and fire and explosion. In this study, the Environment Ministry and the Employment and Labor Ministry seek to find a reasonable way to operate the system by comparing local exhaust ventilation system installation approval standards.

Improvement Issues of Personal Information Protection Laws through Meta-Analysis (메타분석을 통한 개인정보보호법의 개선과제)

  • Cho, Myunggeun;Lee, Hwansoo
    • Journal of Digital Convergence
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    • v.15 no.9
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    • pp.1-14
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    • 2017
  • As we enter the era of big data, the value of personal information is becoming ever more important. However, personal information protection laws in Korea have several issues. Furthermore, existing research are limited in their ability to facilitate a comprehensive understanding of measures to improve personal information protection laws. Accordingly, this study analyzes improvements to be made in the current personal information protection laws based on existing research. A total of 39 research articles discussing the problems of the personal information protection law were selected and analyzed by applying the meta - analysis technique. According to the results, the various issues such as the meaning and scope of personal information, the role and obligations of relevant parties, provision of personal information to third parties, and redundant and imbalanced regulations in special acts in each field. that exist in the current personal information protection laws were confirmed. This study contributes to the improvement of inconsistency between information protection laws and related special laws in each field in practice. Academically, it will contribute to understanding the problems of th law from the macro perspective and suggesting the integrated improvement ways of the law.

Some Legal Arguments on the Portal Service Providers' Information Retrieval (포털사업자의 검색서비스에 관한 법률문제)

  • Kim, Yun-Myung
    • Journal of Information Management
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    • v.38 no.3
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    • pp.183-209
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    • 2007
  • The representative example of the business model on internet environment, the business of the Naver, Empas and Google which provides information retrieval service is the internet portal. The portal sites provide information retrieval service which provides users information what they want to find, that is a huge social contribution. The portal site which provides a search service leads much problems. Consequently, the regulation against information retrieval is asserted powerfully in spite of the public interest. Namely, the regulation regarding the search business owner is tried. Finally, portal business owner puts the social responsibility as OSP. But, there is a doubt that portal business owner who has much problem which occurred on the portal site indirectly has responsibility directly. That is duty on portal site owner the censorship on the contents transferred. So, this thesis researches on the social critical opinion relating with a information retrieval from the legal side against the problem of the Internet.

Deficiencies of China's General Aviation Law and its Improvement (중국 일반항공법의 법적 흠결과 개선방향)

  • Zhang, Chrystal;Diao, Weimin
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.145-181
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    • 2013
  • General aviation is an integral part of civil aviation and involves the widest range of aviation segments except commercial aviation. Featured with different operational procedures and practices to satisfy the economic needs and safety requirements of a sovereign state, general aviation tends to be regulated by an individual state. The last three decades have seen exponential growth of commercial air transport in China, but its general aviation sector has remained disproportionally underdeveloped. With the deepening of the reform of low-altitude airspace, the sector is poised for a radical change and rapid growth. However, legislation governing general aviation activities in China is distorted causing inconsistency and confusions in their application and implementation. This paper aims to analyse China's prevailing legislation regulating general aviation activities. It first discusses the various definitions adopted by ICAO and its member states and reviews the development of general aviation in the US, EU, Australia and China. It then examines the sources of China's general aviation laws, e.g. Chicago Convention and its annexes, and Chinese domestic legislature which covers legislation, laws, directives, rules and procedures. The paper continues to analyse and establish the deficiencies of its prevailing legal framework by pointing out the following: variation of definitions in different regulations, inconsistency of principles in existing laws and regulations, legal vacuum concerning government subsidy, environment protection, safety and security, and other operational areas such as aerial club, sightseeing, and search and rescue. In this process, the paper argues that a coherent, consistent and systematic legal framework is required in order to ensure fair competition and safety for a healthy, progressive and sustainable general aviation growth. Suggestions for rectification and improvement are proposed.

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A Study on the Feasibility of the Espionage Charges for the Industrial Technology Divulgence (산업기술의 해외유출행위에 대한 간첩죄 처벌 타당성 연구)

  • Kim, Hang-Gon;Lee, Chang-Moo
    • Korean Security Journal
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    • no.57
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    • pp.253-275
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    • 2018
  • Economic security emerged as a strong element of national security. Nations around the world are exerting their efforts to collect economic intelligence to serve their national interest while making added efforts to uncover industrial espionage and arrest industrial spies in defensive aspect. Cases in point are the enactment of "Economic Espionage Act(1996)" of the U.S. and the "Act on Prevention of Divulgence and Protection of Industrial Technology(2006)"of Korea. Korea is trying to punish industrial spying on the same level as espionage that poses national security threat by revising Criminal Code. It is necessary to review whether the move to toughen the punishment of industrial spying from "up to 15 years in prison and/or up to 1.5 billion won in fine" to "minimum seven years of imprisonment, life imprisonment or death penalty" is appropriate. Advanced nations regulate industrial spying with a special act on economy although they have applied espionage act not to "enemy states" but to "foreign countries" in the first place. Likewise, preventing industrial spying by applying espionage act through the revision of criminal code poses a risk of undermining the autonomy of industry sector by excessive influence of state power. Furthermore, the penalty of minimum imprisonment of seven years, life imprisonment or death penalty with the application of espionage act under the criminal code is an legal application by stretching of the law, posing a risk of dampening healthy economic activities. Therefore, revising and applying relevant economic laws such as aforementioned 'Act on Prevention of Divulgence and Protection of Industrial Technology(2006)' is thought to be desirable to achieve the goal of protecting industrial technologies.

Strategic Antitrust Policy Promoting Mergers to Enhance Domestic Competitiveness (기업결합규제(企業結合規制)와 국제경쟁력(國際競爭力))

  • Seong, So-mi
    • KDI Journal of Economic Policy
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    • v.12 no.3
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    • pp.153-172
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    • 1990
  • The present paper investigates the potential value of strategic antitrust policy in an oligopolistic international market. The market is characterized by a non-cooperative Cournot-Nash equilibrium and by asymmetry in costs among firms in the world market. The model is useful for two reasons. First, it is important in the context of policy-making to examine the conditions under which it may be beneficial to relax antitrust law to enhance competitiveness. Second, the explicit derivation of the level of cost-saving required for a gain in total domestic surplus provides an empirical rule for excluding industries that do not satisfy the requirements for a socially beneficial antitrust exemption. Results of the analysis include a criterion that tells how the cost-saving and concentration effects of a merger offset each other. The criterion is derived from fairly general assumptions on demand functions and is simple enough to be applied as a part of the merger guidelines. Another interesting policy implication of our analysis is that promoting mergers would not be a beneficial strategy in a net importing industry where cost-saving opportunities are thin. Cost-saving domestic mergers are more likely to increase national welfare in exporting industries. The best candidate industries for application of strategic antitrust policy are those with the following characteristics: (i) a large potential for efficiency enhancement; (ii) high market concentration at the world but not the domestic level; (iii) a high ratio of exports to imports. Recently, many policymakers and economists in Korea have also come to believe that the appropriate antitrust policy in an era of increased foreign competition may actually be to encourage rather than to prohibit domestic mergers. The Industry Development Act of 1986 and the proposed bill for Mergers and Conversions in the Financial Industry of 1990 reflect this changing perspective on antitrust policy. Antitrust laws may burden domestic firms in the sense that they have a more constrained strategy set. Expenditures to avoid antitrust attacks could also increase costs for domestic firms. But there is no clear evidence that the impact of antitrust policy is significant enough to harm the competitiveness of domestic firms. As a matter of fact, it is necessary for domestic financial institutions to become large in scale in this era of globalization. However, the absence of empirical evidence for efficiency enhancement from mergers suggests caution in the relaxation of antitrust standards.

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Research on the division of location types of domestic golf courses (국내 골프장의 입지적 유형분류에 관한 연구)

  • Kim, Min-Jung;Geong, Keun-Han
    • Asian Journal of Turfgrass Science
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    • v.23 no.1
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    • pp.151-162
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    • 2009
  • When viewing that since the 1990s local governments have tried to build golf courses as a plan to revitalize the attraction of home and abroad tourists and to increase their tax incomes and that big companies are interested in leisure business including golf courses as a future promising business in the 21st century, golf courses seem to continuously increase in the future. On the contrary, noticing that golf courses are not only the main culprit behind the damage of natural environment and environmental pollution but also a target of real estate speculation and that golf makes a sense of incongruity between the classes of a society as a luxury sports, environment activists and local residents raise criticism to golf. Golf in our country shows a special sports phenomenon of which the pros and cons appear continuously. So, it is judged that policy for golf development direction should be set up based on verified scientific data. Thus, the research aims at deriving the location types of golf courses by looking at laws from the period of formation of the initial domestic golf courses to the recent period, grasping their distribution status according to time series and regions, conducting a questionnaire survey regarding location factors for golfers and the workers of golf courses, and dividing golf courses into several types. It is expected that the research will be a fundamental material when a golf course is built later on, contributing to the research of golf courses.