• Journal of Legislation Research
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• no.53
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• pp.177-211
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• 2017

In the course of the emergence and development of new ICT technologies and services such as Big Data, Internet of Things and Artificial Intelligence, the future will change by these new innovations in the Fourth Industrial Revolution. The future of this fourth industrial revolution will change and our future will be data-based society or economy. Since there is personal information at the center of it, the development of the economy through the utilization of personal information will depend on how to make the personal information protection laws. In Korea, which is trying to lead the 4th industrial revolution, it is a legal interest that can not give up the use of personal information, and also it is an important legal benefit that can not give up the personal interests of individuals who want to protect from personal information. Therefore, it is necessary to change the law on personal information protection in a rational way to harmonize the two. In this regard, this article discusses the problems of duplication and incompatibility of the personal information protection law, the scope of application of the personal information protection law and the uncertainty of the judgment standard, the lack of flexibility responding to the demand for the use of reasonable personal information, And there is a problem of reverse discrimination against domestic area compared to the regulated blind spot in foreign countries. In order to solve these problems and to improve the legislation of personal information protection in the era of the fourth industrial revolution, we proposed to consider both personal information protection and safe use by improving the purpose and regulation direction of the personal information protection law. The balance and harmony between the systematical maintenance of the personal information protection legislation and laws and regulations were also set as important directions. It is pointed out that the establishment of rational judgment criteria and the legislative review to clarify it are necessary for the constantly controversial personal information definition regulation and the method of allowing anonymization information as the intermediate domain. In addition to the legislative review for the legitimate and non-invasive use of personal information, there is a need to improve the collective consent system for collecting personal information to differentiate the subject and to improve the legislation to ensure the effectiveness of the regulation on the movement of personal information between countries. In addition to the issues discussed in this article, there may be a number of challenges, but overall, the protection and use of personal information should be harmonized while maintaining the direction indicated above.

• Ecology and Resilient Infrastructure
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• v.2 no.2
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• pp.108-117
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• 2015

This study was carried out to assess problems related to legislative regulations and guidelines concerning some biological assessment systems applied to stream corridor in Korea. We comparatively reviewed the law of stream corridors and the guidelines for master plan concerned, and the law of water quality and health assessment criteria for the aquatic ecosystem concerned. Stream environments were not managed effectively due to the absence of detail regulations and the criteria for stream assessment. A biological assessment system was not equivalently integrated within the management of water resources in process implementation of projects resulting from the dualistic management system for stream corridors in Korea. The current biological assessment system was reflected to mainly physical habitats or only oriented to some aquatic species correlated with water quality. This system was also recognized as part of environment impact assessment based on an intensive survey method of most biological taxa. Conclusively rapid and quantitative assessment techniques based on advanced organisms, such as vegetation, fish and birds, etc. should be urgently provided for considering as representative indicators of stream conditions in Korea.

• Journal of Legislation Research
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• no.54
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• pp.111-154
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• 2018

The protection of fundamental rights of people is a natural duty of a state. Since Constitutional Law declare that a state is obliged to protect the fundamental rights of people obviously, it is reasonable to postulate that a state has a duty to protect every person's right much more positively. Of course, it is true that whereas right of freedom is much more important in modern states, the social right becomes more important currently. Nevertheless, we have no choice but to put an emphasis on the importance of the right of freedom like modern states. Thus states are still bound to try to protect the right of people, specific duty of behavior for the sake of right of freedom belongs to states. In particular, due to the fact that lifts are essential to our comfortable life and the demage from the accident concerning with the lifts is fatal, the strategy for securing the safety of using the lifts is significant to some extent. And because it is true that the experience of UK that put an emphasis on the role of civil actors is meaningful to us, there seems implications for us. Accordingly, it is possible to consider the material components such as the check of safety before installation for the sake of safety enhancement, quality control for lifts parts, specification of check criterion and variation of check cycle etc. and personal ones such as specification of qualification of competent persons, guarantee of competent person's independence, variation of obligator's duty and variation of user's obligation etc. However, as the situation of UK is one thing and that of Korea is another, we don't have to adhere to the policy and the experience of UK strictly. Rather, we had better apply the policy and experience of UK to ours appropriately.

• Proceedings of the Korean Society of Disaster Information Conference
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• 2023.11a
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• pp.293-294
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• 2023

2023년 8월 3일 다중이용시설과 운송시설이 맞닿아 있는 서현역 부근의 다중이 밀집한 장소에서 차량돌진 및 흉기난동의 묻지마 범죄가 발생하였다. 차량을 인도로 몰아 보행자를 들이받은 뒤 백화점 내부로 들어가 흉기를 휘둘러 차량돌진으로 5명, 흉기난동으로 9명의 피해자가 발생하였다(리차드김, 2023). 서현역의 묻지마 범죄 이후, '살인예고 지도' 서비스의 등장하면서 많은 이용객이 상시 붐비는 번화가 및 백화점 등의 다중이용시설을 이용하는 시민들의 불안감이 전국적으로 크게 확산하고 있다(김잔디 & 최윤선, 2023). 급격히 늘어나는 국민의 불안감으로 정부에서는 '묻지마 범죄'를 '이상동기범죄'로 명명하고 근절을 위해, 사실상 테러와 비슷한 수준의 강력한 대책을 추진하고 있다(강은민, 2023). 이상동기범죄에 따른 강력한 대책으로 국무조정실(대테러센터), 경찰청 등 관계부처의 다중이용시설 대한 안전대책들이 강구되어지고 실정에서 「경비업법」에 따라 시설의 위험발생을 방지하는 업무를 담당하고 있는 민간 경비원에게 이용객의 안전을 보호하고 피해를 최소화하기 위한 일선 역할이 중요해졌다. 하지만, 이상동기범죄에 대한 일선의 초동대응이 인력과 장비, 정당방위에 대한 법제도의 뒷받침 미흡 등으로 인해 민간 경비원의 실질적인 대응이 어려운 실정이다. 많은 사람의 왕래가 있는 다중이용시설에서의 민간 경비원 최소 경력배치 기준, 현행범 제압을 위한 무기사용 기준, 이용객 보호를 위한 경비원 위력 사용 기준 등의 제도적으로 마련되어 있지 않아 민간 경비원이 범죄로부터 시설 이용객을 보호하는 것은 쉽지 않은 것이 현실이다. 따라서 본 연구에서는 다중이용시설 묻지마 범죄 등의 위험성과 민간 경비원의 무기사용과 관련한 법제도적 한계점을 고찰하여, 이에 대한 개선방안을 제시하고자 한다.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.20 no.6
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• pp.67-81
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• 2010

As wide propagation of smartphones, e-commerce with smartphones increases rapidly. Such as transfer or stock trade systems. It has prospect that most of financial companies going to offer e-commerce systems via smartphones. And e-commerce via smartphones will be increased, hence the nature of smartphone that can be used whenever, wherever. However, legislation of e-commerce in Korea does not reflect these characteristics of smartphones, because it has set standards in regular PC. So that this study is security threat and feature of smartphones considering that the current legal system will use Certificate constraints, ensuring the safety of e-commerce and install security programs for protection of users, e-commerce responsible for the accident analysis has focused on the issues presented for this improvement.

• Journal of the Korean Association of Geographic Information Studies
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• v.16 no.2
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• pp.30-46
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• 2013

Using ArcGIS Model Builder, with emphasis on the importance of ecology and user friendliness, a model for site selecting tool is developed. This tool is developed by establishing standardized method for data selection and analysis with evaluation criteria using GIS. For this task, our first action was to objectively define and establish 18 elements to evaluate the potentiality of the site based on extensive literature reviews. These 18 elements reflect environmental, social/cultural and legal aspects that may influence the decision process to select the desired site. Secondly, using ArcGIS Model Builder, 18 analytical elements were made into thematic mapping which represent systematically organized graphic input to the model with automatic double check system and overlay analysis capability. Thirdly, to validate the effectiveness of the developed model, site location analysis was performed using the actual site, Buk-ku, Pohang.

• Proceedings of the Korea Information Processing Society Conference
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• 2019.10a
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• pp.160-163
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• 2019

4차 산업혁명의 시대가 도래함에 따라 자율주행자동차 및 인공지능(Artificial Intelligent; AI) 로봇의 법적 지위와 민·형사법적 문제 해결을 위한 법제도 도입의 필요성이 제기되고 있다. 본 연구는 법제도 마련과 함께 준비되어야 할 기술적 패러다임으로서 AI 법인 및 블록체인 기반 AI 법인 시스템을 제안한다. 이 시스템에서는 특정 업무를 수행하는 AI 로봇 (하드웨어 또는 소프트웨어)이 정부의 엄격한 검증 및 테스트 기준에 따라 심사 및 인증을 받고, 그것의 정보, 인증 내용 및 알고리즘 코드가 임의로 조작될 수 없도록 암호화되어 블록체인에 기록된다. AI 로봇의 하드웨어 및 소프트웨어가 AI 법인으로서 정부의 인증을 받기 위해서는, 주요 업무 수행 및 네트워크 접근이 블록체인에 기록되고, 법인 시스템의 승인 없이는 작동될 수 없도록 하드웨어 또는 소프트웨어가 프로그래밍 되어 있어야 한다. 블록체인은 불변성과 보안성이 우수한 세계적으로 공유된 분산 데이터베이스이므로, 블록체인 기반 AI 법인 시스템을 국가적 정보시스템으로 도입하면 자율주행자동차 및 각종 AI 로봇의 상용화가 가져올 국내외적 문제와 혼란들을 대비하는데 큰 도움이 될 것이다.

• Convergence Security Journal
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• v.18 no.5_1
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• pp.83-92
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• 2018

The GDPR implemented since 25 May 2018 is common to all EU Member States and is legally binding. It is also important and legally valuable in that it takes into account the latest trends related to privacy protection. The purpose of this study is to propose a comprehensive review and improvement direction of the personal information protection laws in South Korea through a comparative analysis of EU GDPR and privacy related laws in South Korea. As a result of this study, the differences between the GDPR and privacy related laws in South Korea are Definition of personal sensitive information, Right to data portability, Data protection officer, Transfers of personal data to third countries, Supervisory authority, and Punishment, etc. The differences in these regulations were necessary to protect the rights and interests of data subjects and to properly handle personal information of personal information controllers. Therefore, based on the results of the comparative analysis of this study and suggestions on improvement direction of the law related to personal information protection, it is expected that it will contribute to the overall inspection and improvement of the law related to personal information protection in South Korea.

• Convergence Security Journal
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• v.14 no.4
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• pp.9-17
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• 2014

With the rapid development of the Internet and information technology, a company that deals with personal information does not have proper action to protect personal privacy and not take measures for the safe handling and management of personal information. It generates the case to abuse of personal information occurring frequently. In order to focus the effort to reduce damage and protect the privacy of personal information entity and enhance privacy laws based on the connection method and the processing of personal information, Korea encourages a company to follow regulation by providing certain criteria. However, in the case of items of measures standard of safety of personal information such as priority applicable criteria in accordance with the importance of itemized characteristics and the company of each individual information processing is not taken into account, and there are some difficulties to execute. Therefore, we derive criteria by law and reviewing existing literature related, the details of the measures standard of safety of personal information in this study and generate a hierarchical structure by using the KJ method for layering and quantification of the evaluation in integration of the reference item similar and the grouping. Accordingly, the weights calculated experts subject using the AHP method hierarchical structures generated in this manner, it is an object of the proposed priority for privacy and efficient more rational enterprise.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.34 no.3
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• pp.37-58
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• 2023

The purpose of this study is to find ways to improve the legal system for supporting libraries for the disabled. For the stdy, related precedent studies were historically analyzed, and the legal definition of libraries for the disabled and related laws were discussed. Through this, it was confirmed that the current 「Library Act」 does not have sub-regulations of the Enforcement Decree and Enforcement Rules supporting the regulations related to library support for the disabled, and the 「Welfare of Persons with Disabilities Act」 replaces them. In addition, through research on the current status of libraries for the disabled and interviews with field workers in libraries for the disabled, the need for improvement of the legal system related to libraries for the disabled was confirmed. In conclusion, three improvement plans for supporting libraries for the disabled were proposed as follows: First, the definition and duties of libraries for the disabled through the 「Library Act」; second, preparation of regulations on support for library services for the disabled and fulfillment of duties through the 「Enforcement Decree of the Library Act」; third, through the 「Library Act」 and 「Enforcement Decree of the Library Act」, standards for facilities, collections and manpower of libraries for the disabled are presented.