• Title/Summary/Keyword: 사기방지법

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The Development and Application of Lex Mercatoria in the international commercial transaction : Focus on CISG and PICC Principles (국제물품매매계약에 있어서 상관습법(Lex mercatoria)의 발전과 전개, 그리고 향후 과제 - CISG와 PICC 원칙을 중심으로 -)

  • Jung, Jae-Woo;Lee, Kil-Nam
    • Korea Trade Review
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    • v.41 no.5
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    • pp.15-39
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    • 2016
  • Over the past couple of decades, we can see the emergence of a new lex mercatoria. It consists of international conventions or treaty, model laws and international principles. And such new lex mercatoria is driven by the international institutions such as UNCITRAL, UNIDROIT and ICC. The international convention and international principles in the field of international commercial transaction are considered : UN Convention on Contracts for the International Sale of Goods(CISG) and The UNIDROIT Principles(PICC Principles). The former is the statue law for the latter, and the latter sometimes supports the former as an interpretation and supplementation of CISG. So, the purpose of this article is to evaluate and investigate the current status of CISG and PICC Principles in terms of application and interpretation principles. The results are as follows. First, PICC are used for the interpretation and supplementation of international law such as CISG, but CISG is a law, not a rule. Second, CISG and PICC Principles are not often chosen when parties chose the law governing their contract. The parties very often chose a national law ; the number of the parties choosing CISG and PICC Principles as a governing law was very low.

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Legal Review of the Writing Requirements on Arbitration Agreement: The U.S. Statutes and Cases (미국법상 중재합의의 서면요건에 관한 고찰)

  • Ha, Choong Lyong
    • Journal of Arbitration Studies
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    • v.27 no.2
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    • pp.19-36
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    • 2017
  • This paper reviews and analyzes the U.S. cases and statutes on the writing requirements of arbitration agreement. In order to discuss the legal aspects of writing requirement on arbitration agreement in the U.S., it is necessary to delve into both the contractual aspects of arbitration agreement and statutory specifications of the writing requirements of arbitration agreement. Statute of frauds and parole evidence rule were reviewed and employed to find legal implications on the writing requirement of arbitration agreement. Relevant cases were analyzed to verify how the courts have been responded to the conflicts regarding the validity of the arbitration contract with respect to writing requirement. International treaties absorbed into the U.S legal system were also reviewed and commented to analyze their implications on the writing requirement of arbitration agreement, including the UNCITRAL Model Arbitration Law and the New York Convention.

The Writing Requirement of Contracts for International Sales of Goods: the CISG and the US Laws (국제물품매매계약에서의 서면요건에 대한 고찰: 미국계약법과 CISG 비교를 중심으로)

  • Ha, Choong-Lyong
    • International Commerce and Information Review
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    • v.14 no.4
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    • pp.203-225
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    • 2012
  • This paper investigates the difference of writing requirements between the UCC2. and the UN convention on international sales of goods (CISG). To do it, the U.S writing requirement by statute of frauds was introduced by two sources of laws including common law and UCC${\S}$2-201. Although the U.S. statute of frauds requires some contract to be written with formalities, the way the requirement is satisfied is quite flexible in terms of its formalities. The UCC is more flexible than the common law in its formalities. The CISG does not require the sales contract to be written with any format, which is totally different from the U.S statue of frauds. Such differences between the U.S laws and CISG in writing requirement were investigated in the context of conflicts of laws.

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Research Trends Analysis of Domestic Carrier Billing Services using Meta-Analysis (메타분석을 활용한 국내 통신과금 서비스 연구동향 분석)

  • Yoo, Soonduck;Kim, Jungihl
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.16 no.2
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    • pp.71-85
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    • 2016
  • The purpose of this research is to study technical and policy improvements of carrier billing services, which are a developing and growing industry, by adopting a meta-analysis method. Implications were derived from studying 15 years-worth of academic research papers (from 2001 to 2015), by analyzing the trends over a total of 109 such research papers on carrier billing services. First, looking at the characteristics of the main studies of the papers from 2008 to 2009, it papers appeared that dealt with preventing fraudulent transactions and preserving consumer protection. Privacy, policy proposals and studies for new systems were researched from 2010-2012. Service, success factors, damage prevention systems research, law, and institutions were discussed in 2013-2015 mainly. Second, the research showed that the number of carrier billing service studies increased due to social issues(telecommunications billing services deregulation, the emergence smartphones, fraud). Third, in sectorial research results, technology was the focus area of 47 papers (43.1%), the service sector was the focus of 39 pieces (35.8%) and law and policy improvement accounted for 23 pieces (21.1%). The study of technology and service areas was the most active and according to changes in the environment, law and policy improvement were second to most active. This study will contribute to improving relevant institutions and research directions about study trends in carrier billing services.

Design and Implement of Anti-Smishing System based-on Android (안드로이드 기반 스미싱 방지 시스템 설계 및 구현)

  • Jang, Rae-Young;Bae, Jung-Min;Jung, Sung-Jae;Sung, Kyung;Soh, Woo-Young
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2013.10a
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    • pp.790-793
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    • 2013
  • Lastest Smishing is one of the hacking techniques target on the Android smartphone. Smishing using the SMS message is a new hacking techniques. smishing sends a message to the user included trojan address. It collects personal information and to control smartphones. In particular, without the user's knowledge of the retail payment service provider uses the service. It caused damage worth up to 300,000 won. It damage to users through different types of text messages. This paper Smishing typical methods and types are described in damages. This paper are described in damages and type by Smishing. This paper propose preventive and fundamental solution. We designed and implemented a anti-smishing system for android.

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A Case Study on the Protection of Accounts and Assets on Cryptocurrency Exchanges: Focusing on the Processes of Related Institutions (가상통화거래소의 계정 및 자산 보호에 관한 사례연구: 유관기관의 프로세스를 중심으로)

  • Yoonjoo Lee;Dongwon Lee;Ingoo Han
    • Information Systems Review
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    • v.22 no.4
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    • pp.135-161
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    • 2020
  • With the growth of blockchain and cryptocurrency-related markets, cryptocurrency exchanges are growing as a new industry. However, as the legal and regulatory definitions of cryptocurrencies are still in progress, unlike existing industrial groups, they are not under the supervision of regulatory agencies. As a result, users (i.e., cryptocurrency investors) have suffered two types of damage that could occur from hacking and other accidents on the exchanges. One type of the damage is the loss of assets caused by the extortion of personal information or account and the other is the damage from users who might be involved in external frauds. Both are analyzed in comparison with existing operators whose functions are like the exchanges. The results of this study show that membership (KYC: Know Your Client), log-in, and additional authentication in transactions are on the similar level to those of the operators while the fraud detection system (FDS) and anti-money laundering (AML) of fiat currencies and cryptocurrencies need rapid improvement.

Financial Fraud Detection using Text Mining Analysis against Municipal Cybercriminality (지자체 사이버 공간 안전을 위한 금융사기 탐지 텍스트 마이닝 방법)

  • Choi, Sukjae;Lee, Jungwon;Kwon, Ohbyung
    • Journal of Intelligence and Information Systems
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    • v.23 no.3
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    • pp.119-138
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    • 2017
  • Recently, SNS has become an important channel for marketing as well as personal communication. However, cybercrime has also evolved with the development of information and communication technology, and illegal advertising is distributed to SNS in large quantity. As a result, personal information is lost and even monetary damages occur more frequently. In this study, we propose a method to analyze which sentences and documents, which have been sent to the SNS, are related to financial fraud. First of all, as a conceptual framework, we developed a matrix of conceptual characteristics of cybercriminality on SNS and emergency management. We also suggested emergency management process which consists of Pre-Cybercriminality (e.g. risk identification) and Post-Cybercriminality steps. Among those we focused on risk identification in this paper. The main process consists of data collection, preprocessing and analysis. First, we selected two words 'daechul(loan)' and 'sachae(private loan)' as seed words and collected data with this word from SNS such as twitter. The collected data are given to the two researchers to decide whether they are related to the cybercriminality, particularly financial fraud, or not. Then we selected some of them as keywords if the vocabularies are related to the nominals and symbols. With the selected keywords, we searched and collected data from web materials such as twitter, news, blog, and more than 820,000 articles collected. The collected articles were refined through preprocessing and made into learning data. The preprocessing process is divided into performing morphological analysis step, removing stop words step, and selecting valid part-of-speech step. In the morphological analysis step, a complex sentence is transformed into some morpheme units to enable mechanical analysis. In the removing stop words step, non-lexical elements such as numbers, punctuation marks, and double spaces are removed from the text. In the step of selecting valid part-of-speech, only two kinds of nouns and symbols are considered. Since nouns could refer to things, the intent of message is expressed better than the other part-of-speech. Moreover, the more illegal the text is, the more frequently symbols are used. The selected data is given 'legal' or 'illegal'. To make the selected data as learning data through the preprocessing process, it is necessary to classify whether each data is legitimate or not. The processed data is then converted into Corpus type and Document-Term Matrix. Finally, the two types of 'legal' and 'illegal' files were mixed and randomly divided into learning data set and test data set. In this study, we set the learning data as 70% and the test data as 30%. SVM was used as the discrimination algorithm. Since SVM requires gamma and cost values as the main parameters, we set gamma as 0.5 and cost as 10, based on the optimal value function. The cost is set higher than general cases. To show the feasibility of the idea proposed in this paper, we compared the proposed method with MLE (Maximum Likelihood Estimation), Term Frequency, and Collective Intelligence method. Overall accuracy and was used as the metric. As a result, the overall accuracy of the proposed method was 92.41% of illegal loan advertisement and 77.75% of illegal visit sales, which is apparently superior to that of the Term Frequency, MLE, etc. Hence, the result suggests that the proposed method is valid and usable practically. In this paper, we propose a framework for crisis management caused by abnormalities of unstructured data sources such as SNS. We hope this study will contribute to the academia by identifying what to consider when applying the SVM-like discrimination algorithm to text analysis. Moreover, the study will also contribute to the practitioners in the field of brand management and opinion mining.

A Study on the Government Full-text Information Disclosure System through the Survey on the Government Officials' Perceptions (원문정보 공개제도에 대한 공무원들의 인식조사 연구)

  • Jang, Bo-Seong
    • Journal of Korean Library and Information Science Society
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    • v.47 no.1
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    • pp.339-360
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    • 2016
  • This study is intended to analyze the actual condition of operating the full-text information disclosure system of government and Officials' Perceptions. According to the results of analysis, the public servant group's level of full-text information disclosure system was high. With regard to the positive and negative function of full-text information disclosure, an expectation for positive function was high in the aspect of assuring the transparency of administration. And public servants were worried about an increase in the burden of administrative duties. With regard to factors in hindering the development of full-text information disclosure, it was shown that the percentage of clients' abuse and misuse of full-text information was the highest. For the activation of full-text information disclosure system, it is necessary to prepare measures for preventing the abuse and misuse of full-text information.

전자금융 침해사고 예방 및 대응 강화 방안

  • Lee, Jung-Ho
    • Review of KIISC
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    • v.18 no.5
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    • pp.1-20
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    • 2008
  • 편리한 금융거래 수단으로써 인터넷뱅킹을 포함한 전자금융 서비스가 생활화 되었으며 그 중요성 또한 갈수록 증가하고 있다. 이에 대한 부작용으로서 사용자의 실수나 금융기관, 쇼핑몰, 포털 등의 해킹을 통한 전자금융 접근매체의 유출, 비정상적인 지불결제나 인터넷뱅킹 이체 사고 등 침해사고 또한 함께 증가하고 있다. 금융권은 금융감독원을 중심으로 전자금융 종합보안 대책 수립(2005년) 및 전자금융거래법 시행(2007년) 등을 통해 고객 PC의 해킹방지를 위한 다양한 보안프로그램 제공 의무화, 보안등급에 따른 이체한도 차등화, 금융권 통합 OTP 인증체계 구축 등 전자금융 침해사고 예방을 위한 적극적인 노력을 기울여오고 있으나, 최근 들어 피싱/파밍 등 신종 사이버사기 기법이나 해외의 전문 해커에 의해 개발된 고도의 지능화된 해킹툴이 사용되어 보안프로그램을 무력화시킨 후 고객정보를 유출해가거나 일반 포털사이트, 웹하드, 웹메일 등의 해킹을 통해 인터넷 사이트에 등록된 고객의 인터넷뱅킹 접근 매체를 유출하여 인터넷뱅킹 침해 사고를 일으키는 등의 신종 침해사고를 완벽히 차단하지는 못하고 있어, 더욱 강력한 전자금융 침해사고 예방 통제 방안의 수립과 함께 침해사고 발생 시 원인 파악 및 범인 검거를 위한 역추적 시스템의 구축 등 기존 보안체계를 대폭 강화할 필요성이 발생하고 있다. 본 연구에서는 시중 은행의 인터넷뱅킹 침해사고 발생 현황 조사를 중심으로 최근 발생한 전자금융 침해사고의 추이분석, 침해사고 주요 원인과 기존 대응 체계의 현황, 한계점 등을 파악하였다. 그리고 전자금융 침해사고의 효과적인 예방 및 대응 강화 방안으로서 사용자 관점에서 공인인증서를 중심으로 한 전자금융 접근매체의 관리 강화 방안을 제안하였으며, 전자금융 서비스를 제공하는 금융 기관 관점에서 효과적인 전자금융거래 로깅 및 역추적 시스템의 구축 및 전체 금융기관과 감독기관 간의 유기적인 공조를 기반으로 한 침해사고 공동 대응체계의 구축 및 운영을 위한 시스템의 구성 방법, 운영 프로세스, 관련 법률의 검토 및 대응 방법 등을 제안하였다.

Authentication Model of PKI-based Security Gateway using Blockchain having Integrity (무결성이 보장된 블록체인 기술을 활용한 PKI 기반 보안 게이트웨이의 인증 모델)

  • Kim, Young Soo;Mun, Hyung-Jin
    • Journal of Digital Convergence
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    • v.19 no.10
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    • pp.287-293
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    • 2021
  • Recently, public certificates issued by nationally-recognized certification bodies have been abolished, and internet companies have issued their own common certificates as certification authority. The Electronic Signature Act was amended in a way to assign responsibility to Internet companies. As the use of a joint certificate issued by Internet companies as a certification authority is allowed, it is expected that the fraud damage caused by the theft of public key certificates will increase. We propose an authentication model that can be used in a security gateway that combines PKI with a blockchain with integrity and security. and to evaluate its practicality, we evaluated the security of the authentication model using Sugeno's hierarchical fuzzy integral, an evaluation method that excludes human subjectivity and importance degree using Delphi method by expert group. The blockchain-based joint certificate is expected to be used as a base technology for services that prevent reckless issuance and misuse of public certificates, and secure security and convenience.