• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2017.10a
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• pp.197-198
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• 2017

The purpose of this study is to investigate the problems of the VR simulator industry represented by the 4th industrial revolution and to examine measures for industrial promotion. For this purpose, we consider the VR simulator regulation and examine the problems. Since the VR simulator has the features of existing arcade games and amusement facilities, it should be classified as game or inspected with amusement facilities depending on the viewpoint. This can be a dual regulation, and before the VR simulator industry starts, there is a risk that the industry itself can be damaged by existing legal limitations. For this purpose, it is necessary to provide a unique legal system for VR simulator and it is necessary to examine the contents to be included in such laws and systems. It is expected that the legal system of VR simulator will lead to promotion of new industry.

• Journal of the Korea Society of Computer and Information
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• v.18 no.12
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• pp.167-177
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• 2013

Recently, desires for diversification of medical treatment throughout our society have been enhanced. It is thought that such a trend may be directly related to the introduction of 'alternative medicine'. This study is to establish the foundation of legalization of alternative medicine, starting with the movement for legalization of alternative medicine from constitutionality decision of medical law by the legal Information Constitutional Court. It also suggested the direction of discussion with issue of how to introduce alternative medicine beyond the stage of basic discussion, 'why' we must introduce alternative medicine, through profound investigation of preceding studies. In addition, the present study analyzed legal controversies from the appearance of alternative medicine based on the decisions of the Constitutional Court and the precedents of the Supreme Court and drew the prerequisites for the institutionalization of alternative medical treatments. It also reestablished terms of alternative medicine which have been indiscreetly used, presented methods for officialization of alternative medicine and compared and analyzed advantages and disadvantages of the methods.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.28 no.6
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• pp.1439-1448
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• 2018

Many electronic document files, including Microsoft Office Word (MS Word), have become a major issue in various legal disputes such as privacy, contract forgery, and trade secret leakage. The internal metadata of OOXML (Office Open XML) format, which is used since MS Word 2007, stores the unique Revision Identifier (RSID). The RSID is a distinct value assigned to a corresponding word, sentence, or paragraph that has been created/modified/deleted after a document is saved. Also, document history, such as addition/correction/deletion of contents or the order of creation, can be tracked using the RSID. In this paper, we propose a methodology to investigate discrimination between the original document and copy as well as possible document file leakage by utilizing the changes of the RSID according to the user's behavior.

• Journal of Digital Convergence
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• v.17 no.10
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• pp.13-21
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• 2019

The restricted network or the unbalanced distribution of spectrum is causing the problems of lack of spectrum resources and deterioration of the service quality. In addition, the existing centralized radio sharing method has not been a fundamental solution for radio sharing and is inefficient in terms of cost, convenience, and security. In this paper, we propose a blockchain-based spectrum sharing as a low-cost, trustworthy, high-efficiency platform that can distribute and share spectrum resources, and propose policies to realize this. In the spectrum sharing platform, spectrum information about Wi-Fi AP and LTE mobile hotspot is registered in the blockchain, and spectrum sharers and users can conclude peer-to-peer spectrum sharing contract quickly and efficiently through smart contract. The pay for the shared spectrum resources and reward for spectrum quality management open platform ecosystem to activate the circulation-sharing and it can provide a convenient and efficient public wireless infrastructure.

• Korean Association of Arts Management
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• no.54
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• pp.133-153
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• 2020

ICOM voted to resolve a new museum definition at ICOM2019. With the new discussion of a museum as a platform for participation and communication and a cultural hub, ICOM created a MDPP in 2015, started discussions to propose. This study intends to publicize the issues before it resolved. The definition has been proceeded by Jet Sandal, and still requires discussion and preparation. The pros and cons in each country were premised on decision making. The museums would face in response to the adoption of new definitions. The study focused on museum management, categorized factors such as vision, content, and targets and suggested the problems that museum would face. Through institutional and legal changes and predictions, the necessity of preparation was raised. This study is meaningful as a starting point of discussion for understanding and responding to the direction that museums face today.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.75-111
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• 2020

The civilian drone world has evolved in recent years from one dominated by hobbyists to growing involvement by companies seeking to profit from unmanned flight in everything from infrastructure inspections to drone deliveries that are already subject to regulations. Drone flight under the property right relation with the land owner would be deemed legal on the condition that expeditious and innocent passage of drone flight over the land be assured. The United Nations Convention on the Law of the Sea (UNCLOS) enshrines the concept of innocent passage through a coastal state's territorial sea. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state. A vessel in innocent passage may traverse the coastal state's territorial sea continuously and expeditiously, not stopping or anchoring except in force majeure situations. However, the disturbances caused by drone flight may be removed, which is defined as infringement against the constitutional interest of personal rights. For example, aggressive infringement against privacy and personal freedom may be committed by drone more easily than ever before, and than other means. The cost-benefit analysis, however, has been recognjzed as effective criteria regarding the removal of disturbances or injunction decision. Applying that analysis, the civil action against such infringement may not find suitable basis for making a good case. Because the removal of such infringement through civil actions may result in only the deletion of journal article. The injunction of drone flight before taking the information would not be obtainable through civil action, Therefore, more detailed and meticulous regulation and criteria in public law domain may be preferable than civil action, at present time. It may be suitable for legal stability and drone industry to set up the detailed public regulations restricting the free flight of drone capable of acquiring visual information amounting to the infrigement against the right of personal information security.

• Journal of Arbitration Studies
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• v.15 no.2
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• pp.225-261
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• 2005

Under Article IV of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), in order to obtain the recognition and enforcement of a foreign arbitral award, a party applying for recognition and enforcement of a foreign arbitral award shall supply (a) the duly authenticated original award or a duly certified copy thereof and (b) the original arbitration agreement or a duly certified copy thereof. In addition, if the arbitral award or arbitration agreement is not made in an official language of the country in which the award is relied upon, the party applying for recognition and enforcement of the award shall produce a translation of these documents into such language, and the translation shall be certified by an official or sworn translator or by a diplomatic or consular agent. In a case where a Vietnamese company which had obtained a favorable arbitral award in Vietnam applied for recognition and enforcement of a Vietnamese arbitral award before a Korean court, the recent Korean Supreme Court Judgment (Docket No. 2004 Da 20180. 'Judgment') rendered on December 12, 2004 has alleviated the document requirements as follows : The Judgment held that (i) the party applying for recognition andenforcement of a foreign arbitral award does not have to strictly comply with the document requirements when the other party does not dispute the existence and the content of the arbitral award and the arbitration agreement and that (ii) in case the translation submitted to the court does not satisfy the requirement of Article 4, the court does not have to dismiss the case on the ground that the party applying for recognition and enforcement of a foreign arbitral award has failed to comply with the translation requirement under Article 4, and instead may supplement the documents by obtaining an accurate Korean translation from an expert translator at the expense of the party applying for recognition and enforcement of the foreign arbitral award. In this regard, the author fully supports the view of the Judgment. Finally, the Judgment held that, even though the existence of a written arbitration agreement was not disputed at the arbitration, there was no written arbitration agreement between the plaintiff and the defendant and wenton to repeal the judgment of the second instance which admitted the existence of a written arbitration agreement between the parties. In this regard, the author does not share the view of the Judgment. The author believes that considering the trend of alleviating the formality requirement of arbitration agreements under Article 2 of the New York Convention, the Supreme Court could have concluded that there was a written arbitration agreement because the defendant participated in thearbitration proceedings in Vietnam without disputing the formality requirement of the arbitration agreement. Or the Supreme Court should have taken the view that the defendant was no longer permitted to dispute the formality requirement of the arbitration agreement because otherwise it would be clearly against the doctrine of estoppel.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.19 no.2
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• pp.585-594
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• 2018

Virtual currencies have emerged along with new technologies such as block chain, artificial intelligence (AI), and big data. This study examines the benefits of a security-enhanced block chain resulting from individual trading, decentralized from governments, as well as the problems associated with misuse of virtual currencies. Virtual currencies, due to its anonymity, is vulnerable to financial crimes, such as ransom-ware, fraud, drug trafficking, tax evasion and money laundering. Use of virtual currencies can facilitate criminals avoid detection from investigative agencies. Government regulatory policy continues to address these concerns, and the virtual currency exchange has also announced a self-regulation proposal. However, a fundamental solution remains necessary. The purpose of this paper is to investigate the problems regarding abuse of virtual currency and to identify a practical system for transactions involving virtual currencies. However, in order to promote transactions involving virtual currencies and to institutionalize a governance system, multilateral cooperation is required. Although the restricting the use of virtual currencies regarding minors and foreign trade, as well as the introduction of a real-name system are considered promising prospects, many problems remain. Virtual currency is not a simple digital item but a method of redesigning the function of money. Coordinated efforts are needed globally to be able to further activate the positive aspects concerning the use of virtual currencies.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.127-152
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• 2020

Despite growing international cooperation for maintenance of international peace and security, wars continue to occur due to conflicted state interests. Continuing conflicts has advanced development of various weapon systems such as global integrated intelligence, surveillance and reconnaissance. However, with a big increase in the number of civilian casualties caused by the weapon systems development, the international community has also advanced diplomatic efforts to minimize deaths of civilian and military personnel. Therefore, it is essential to observe the principle of discrimination between combatants and non-combatants when operating unmanned aerial vehicles (UAVs), better known as drones. Drones have become more capable of distinguishing combatants from non-combatants due to its high-tech prowess. In the operation of drones, any parties involved in combat or the war are responsible for mounting civilian casualties. In addition, it should comply with the principle of proportionality that calls for a balance between results of such action and expected military advantage anticipated from the attack. The rule of proportionality prohibits use of military force which may be expected to cause excessive civilian harm. Drones have been able to track and monitor targets for hours and select the accurate locations of the targets. The aim is to reduce civilian losses and damage to a minimum. Drones meet the standards of Article 51.4 of the Additional Protocol.

• The Korean Society of Law and Medicine
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• v.19 no.1
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• pp.143-163
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• 2018

Implant procedure belongs to so called a commercialized medical treatment, its procedure is simple and clear, and the possibility of success is almost 100%. In addition, it is a selective method rather than an inevitable method for a patient's health, so the importance of liability for explanation is especially emphasized for protection of autonomous decisions by patients. Considering these characteristics, the plaintiff in the relevant case said that the contract of implant procedure has the characteristic of subcontract, and only the failure of implant itself and the violation of liability for explanation should be the defendant's fault liability. In addition, although the above procedure contract is considered as delegation rather than subcontract, whether it's the defendant's malpractice should be judged by general people's common sense rather than average people in the industry. Therefore, if all the implanted teeth were removed due to bleeding and pains, and the patient suffered from dysaesthesia during the process, the defendant's malpractice is fully proved. When the judgements of implant medical malpractice were researched, the court doesn't consider implant contract as subcontract, but it judges dentist's malpractice by whether the implant itself is successful, so it seems that the court acknowledges similar characteristics with subcontract whose purpose is completion of work to some degree. In addition, considering the detailed contents of presented medical malpractices, it seems that judging medical malpractice is based on the common sense of general people. Therefore, the argument of the plaintiff is valid when the fact the adjustment amount is relevant to the amount that the plaintiff initially claimed is considered even though the relevant case was decided to be compulsory mediation.