• Title/Summary/Keyword: 법적쟁점

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Legal Status and Major Issue of Maritime Autonomous Surface Ships (MASS) in International Law (자율운항선박의 국제법 지위와 주요쟁점에 관한 연구)

  • Chun, Jung-soo;Park, Han-seon
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.27 no.2
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    • pp.256-265
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    • 2021
  • Ground, sea and air mobility, such as vehicles, ships, and airplanes, are generally operated by people. Based on the innovative development of autonomous decision-making systems and artificial intelligence (AI) following the recent fourth industrial revolution, research and development on maritime autonomous surface ships (MASS) is been actively performed around the world. Before the realization of the commercialization of MASS in international maritime transport, it is urgent to clarify the characteristics of this ship and its international legal status. This paper aims to analyze the concern of whether a ship without crew members will eventually be operated as a fully unmanned ship or can be recognized as a ship under international law as the number of crew members is gradually reduced owing to the development stage of autonomous ships. Consequently, based on the United Nations Convention on the Law of the Sea (UNCLOS) and the regulations of the International Maritime Organization (IMO), it was found that MASS has the same international legal status as general ships. In addition this paper presents the working principles of enacting and revising the IMO Conventions and international legal measures necessary for the safe operation of MASS.

Improvement of medical law regulations for telemedicine services (원격의료서비스를 위한 의료법 관련 규제 개선방향)

  • Choi, Jung-Ah;Jung, Yong Gyu
    • The Journal of the Convergence on Culture Technology
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    • v.1 no.2
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    • pp.85-89
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    • 2015
  • It has been reported that cerebral disease is the most leading to death as a single disease even though next to cancer in the most important cause of death in the country. Even if patients maintain a life without death, it will have to suffer from side effects such as hemiplegia and language disorders. In this paper, the symptoms and treatment of cerebral infarction cases are described through the medical dramas (The Third Hospital, The Brain) and movie (Amur). Even if there is the same stroke each drama or movie, depending on the previous history or current physical condition of the patient knew which treatment the law is different.

A Study on the Countermeasure to Deal with Cyber Terrorism (사이버테러리즘의 대응방안에 관한 연구)

  • Oh Tae-Kon
    • The Journal of the Korea Contents Association
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    • v.5 no.3
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    • pp.93-101
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    • 2005
  • These days, modern society is facing a 'turning point of paradigm' from industrial society to knowledge and information society. It indicates an entry to the high-speed network society centering on knowledge. Specifically, Korea has invested enormously to If Industry and finally other advanced countries are eager to export technologies of our country through benchmarking. However, because of our growth-oriented policy, Korea is not very good at dealing with the dysfunctions of information-centered society, and one of the representative problems is cyber-terrorism. Cyber terrorism which anonymous actors do to the uncertain number of people is one of the new types of terrorism. This study aims at political and legal speculations on cyber terrorism for protection of contents and find its countermeasures.

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Practical and Legal Challenges of Cloud Investigations (클라우드 환경에서 수사 실무와 법적 과제)

  • James, Joshua I.;Jang, Yunsik
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.14 no.6
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    • pp.33-39
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    • 2014
  • An area presenting new opportunities for both legitimate business, as well as criminal organizations, is Cloud computing. This work gives a strong background in current digital forensic science, as well as a basic understanding of the goal of Law Enforcement when conducting digital forensic investigations. These concepts are then applied to digital forensic investigation of cloud environments in both theory and practice, and supplemented with current literature on the subject. Finally, legal challenges with digital forensic investigations in cloud environments are discussed.

A Legal Study on the Skin Scuba Diving (스킨스쿠버다이빙의 법적 문제에 관한 소고)

  • Lim, Chae-Hyun;Cho, Dae-Hwan
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.15 no.2
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    • pp.143-149
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    • 2009
  • The marine leisure activities are specially increasing among the other leisure activities due to the improving of people's life quality and formation of people's values which pursuit the various life styles with the development of economy and society and operation the system of five working days per week. Among the various marine leisure activities, skin scuba diving is the mast prevalent activity, even though it doesn't have proper legal system in relation to the safety of the activity. Thus, this paper studies the various legal issues in relation to skin scuba diving to improve the safety and activation of the activity, and identifies the problems and proposes the ways of improving it.

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Development direction of geographical indication for globalizing kimchi (김치의 세계화를 위한 지리적 표시제 발전방향)

  • Min, Sunggi;Cho, Jungeun;Seo, Hye-Young
    • Food Science and Industry
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    • v.54 no.4
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    • pp.260-267
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    • 2021
  • Nowadays kimchi is exported to 80 countries and can be easily found overseas, but the name "Korean Kimchi" has not been protected internationally. Korean kimchi need to be registered as a geographical indication and receive international protection in order to establish its status as the country of origin. With the revision of the Kimchi Industry Promotion Act in 2020, geographical indications were introduced for kimchi and a legal basis was in place to enable the geographical indication as "Korean Kimchi" or "Republic of Korea Kimchi." Although there are issues remaining between the current system and producers' associations, we should prioritize the geographical indication as a means of protecting the country's agricultural products. In addition, efforts should be made to improve the quality and product value of Korean kimchi so that it is also recognized as a global brand.

Current Status and Major Issues in Securing the International Legal Status of RCA Regional Office Hosted by Korean Government (아태 원자력협정(RCA)사무국의 국제기구화 추진 현황과 과제)

  • Yang, Maeng-Ho
    • Journal of Korea Technology Innovation Society
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    • v.18 no.1
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    • pp.126-150
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    • 2015
  • Korea's experiences in the use and development of nuclear energy are recognized as a successful model as a developing country in the international nuclear community. With these experiences, Korea is able to contribute to the progress of Korean nuclear industry and international society as a nuclear advanced country. This paper reviews and analyzes the current situation and major issues in securing the international legal status of RCA Regional Office hosted by Korean Government since 2002. In this connection, major political environments and relevant issues in facilitating the revision of RCA Agreement and securing legal status of the RCARO are also investigated. It is essential to amend the 1987 RCA Agreement or to conclude the its supplementary agreement for the securing of the international legal status of RCA Regional Office at the RCA policy meeting prior to extension of the agreement in 2017 and after. It is recommended for the Korean Government to establish and operate the inter-ministry governmental task force teams to facilitate and support the required actions in the national and diplomatic actions in the regional level for the sustainable development of the RCA and RCA Regional Office.

Place-shifting of TV Content by the Use of Slingbox and the Copyright (슬링박스를 이용한 TV프로그램의 장소이동 시청의 저작권법상의 성격)

  • Cho, Youn-Ha
    • The Journal of the Korea Contents Association
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    • v.13 no.7
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    • pp.158-167
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    • 2013
  • This research examines the legal liability of place-shifting of TV contents by the use of the Slingbox. The place-shifting of TV contents is fair use because it is a non-commercial private use based on the relevant case law regarding time-shifting and device-shifting such as Sony, RIAA and Napster. But the sharing of place-shifting function is likely to be liable for copyright infringement. And place-shifting may not be fair use based on the cases which denied fair use of time-shifting and space-shifting because the consumers' convenience for the use of the copyrighted work is against the purpose of legislation of copyright law. Place-shifting is unlikely to have a significant effect on the potential market for TV contents because it presents lucrative new platforms to disseminate TV contents to computers and mobile devices. However it is likely to have negative effect because various devices can be the follow-up marketplaces of the copyright holders of TV contents. This study proposes the "innovative medium defense," a new doctrine to analyze liability of innovative media.

A Study on the Industrial Condition, the Legal and Administrative Problems of Data Broadcasting Services (국내 데이터방송서비스 산업현황 분석 및 법적.제도적 쟁점에 관한 연구)

  • Kim, Kwan-Kyu;Lee, Si-Hoon
    • Korean journal of communication and information
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    • v.21
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    • pp.35-62
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    • 2003
  • This study is conducted to achieve following two purposes. First, this study investigates domestic conditions and problems of data broadcasting industry. Second, this study suggests the improving way of the legal and administrative systems in order to promote domestic data broadcasting industry. Survey was conducted with 16 companies and a few business men for gaining data of general condition and analyzing problems about domestic data broadcasting industry. The results are as follow: first, domestic industry was suffering from the lack of man power, finance, and the delay of data broadcasting service schedule. Second, respondents argued there was no the legal basis and the systematic regulation under the current digital broadcasting policy of government. To resolve those problems, this paper proposed the making laws preparing for the fusion service of communication and broadcasting, systematic assistance of government, the way of technology development and technical standardization, and the way of constructing infrastructure and cultivating man power.

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Analysis of Steganography and Countermeasures for Criminal Laws in National Security Offenses (안보사건에서 스테가노그라피 분석 및 형사법적 대응방안)

  • Oh, SoJung;Joo, JiYeon;Park, HyeonMin;Park, JungHwan;Shin, SangHyun;Jang, EungHyuk;Kim, GiBum
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.32 no.4
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    • pp.723-736
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    • 2022
  • Steganography is being used as a means of secret communication for crimes that threaten national security such as terrorism and espionage. With the development of computers, steganography technologies develop and criminals produce and use their own programs. However, the research for steganography is not active because detailed information on national security cases is not disclosed. The development of investigation technologies and the responses of criminal law are insufficient. Therefore, in this paper, the detection and decoding process was examined for steganography investigation, and the method was analyzed for 'the spy case of Pastor Kim', who was convicted by the Supreme Court. Multiple security devices were prepared using symmetric steganography using the pre-promised stego key. Furthermore, the three criminal legal issues: (1) the relevance issue, (2) the right to participate, and (3) the public trial issue a countermeasure were considered in national security cases. Through this paper, we hope that the investigative agency will develop analysis techniques for steganography.