• The Korean Society of Law and Medicine
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• v.21 no.3
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• pp.145-178
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• 2020

This paper examines discussions surrounding cognitive liberty, neuro-privacy, and mental integrity from the perspective of Neuro-rights. The right to control one's neurological data entails self-determination of collection and usage of one's data, and the right to object to any way such data may be employed to negatively impact oneself. As innovations in neurotechnologies bear benefits and downsides, a novel concept of the neuro-rights has been suggested to protect individual liberty and rights. In Oct. 2020, the Chilean Senate presented the 'Proyecto de ley sobre neuroderechos' to promote the recognition and protection of neuro-rights. This new bill defines all data obtained from the brain as neuronal data and outlaws the commerce of this data. Neurotechnology, especially when paired with big data and artificial intelligence, has the potential to turn one's neurological state into data. The possibility of inferring one's intent, preferences, personality, memory, emotions, and so on, poses harm to individual liberty and rights. However, the collection and use of neural data may outpace legislative innovation in the near future. Legal protection of neural data and the rights of its subject must be established in a comprehensive way, to adapt to the evolving data economy and technical environment.

• The Journal of the Korea Contents Association
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• v.12 no.7
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• pp.156-168
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• 2012

As the increase of violent crimes such as robbery, murder, and rape has become a social problem, the government is considering institutionalizing the identification of criminals to prevent crime and to guarantee people's right to know. Such an atmosphere led to the approval of the revision of 'Special Law On the Punishment of Specific violent Crimes' in the National Assembly in April 2010. The revision allows the revelation of the profiles of crime suspects including the pictures of their faces at the investigation stage. However, whether the revision had been effective in preventing crime has not been demonstrated empirically. Moreover, identity revelation is a grave intrusion into privacy and an abuse of human rights such as personal rights and the right to a fair trial, since personal information of criminal suspects would be released to the media prior to the court's final judgements. Also it violates the principle of presumption of innocence, the principles of due process, the principle of double jeopardy, the principle of prohibition against excessive, the principles of clarity, and the principle of liability.

• (The)Study of the Eastern Classic
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• no.41
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• pp.91-120
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• 2010

In this paper, I tried to analyze the image of bamboo from Chang Hyun-kwang's poetry. Especially I focused on defining the symbolic meaning of bamboo as a poetic material. To achieve this, I inspected his view of world and politic life. He considered his contemporary period as 'ethically corrupted' world. During his life time, he served for three kings and also suffered from the fires of war four times. That means, he had to undergo the political unrest and national crisis during his life time. Due to the chaotic state of affairs, all the people were busy pursuing their own interests. It made Chang had no choice but retiring from active life. While Chang revealed his attitude to life through writing poetry, he used the image of bamboo as a completion of one's mature character. And the image of bamboo what he used was somewhat different from general one. Chang used the image of bamboo in two ways. The one is seeking live in retirement, and the other is chasing completion of his own mature character in academic way.

• Journal of Korea Entertainment Industry Association
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• v.13 no.1
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• pp.11-24
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• 2019

In this article, potential problems in the exchanges and collaboration of South and North Korean performance programs were reviewed focusing on the articles related to performances in the North Korean copyright law. In the North Korean copyright law, there were significant differences from the ordinary rules in the international society or lack of the rules. They are the problems on the bases and principles of North Korean copyright law, unacceptance of copyrightable works against their political system, equal and mutual benefit on the copyright of the South Korean copyrightable works, neighboring copyright and economic right, unlimited protection for moral right, unpreparedness of right protection for online copyrightable works, and so on. On the other hand, the available performance programs to exchange mutually between South and North in the short run include national operas, dramas, musicals, festival events, and so on. However, legal and systematic improvement plans are required on the different copyright rules between South and North to facilitate the exchanges and cooperation. Externally, collaborations are required in the international copyright stage such as collaborative agreements on various international copyright usages, and we should consider the global entrance of performance programs that contain national sentiment and develop mutual trusts through these.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.3-32
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• 2020

With controlling Drones, although it was discussed in the previous study which showed a possibility. Which is personality and property rights of third parties could be violated while operating the drone with a video camera. But It's hard to find out precedents related to drones in Korea. In case of that someone try to control the drone which is equipped with a camera in a yard of neighborhood, the German District Court (Potsdam) considered an operator of drone has little bit of careless to do his duty and admit nonfeasance claim in the owner of the one's property for prevention to repetition of similar situation according to a nonfeasance claim for prevention to Section 1004 (1) sentence 2 of the German Civil Code(BGB). The drone which is equipped with a camera have possibilities to disrupt property and personal rights of the owner. Because a danger in repetition is getting larger regarding the violation of law. Moreover, there is a case that someone shot down the drone which is equipped with a camer. Because it has a risk to interrupt private life and cause some dangerous in our life. The German district court(Riesa) recently have considered that controlling the drone with a camera in private spaces is illegal as a violation of personal life. In addtion to, the action of property owner shot down drone is a legal according to § 228 of the German Civil Code(BGB) which is caleed "Necessity". Although it is difficult to apply to foreign cases directly to Korea, similar cases are likely to be occurred in Korea. The decision of the German District Court showed implications to Korea. As demand for the camera-equipped drone increases in Korea, it is time to discuss specific measures for drone violations.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.37-73
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• 2020

Medical practice with medical adaptability is not illegal. Consent to medical practice is also not intended to exclude causes of Illegality. The patient's consent to medical practice is the exercise of the right to self-determination, and the patient's right to self-determination is take shape through the doctor's information. If a doctor violates his duty to inform, failure to inform or lack of inform constitutes an act of illegality of omission in itself. As a result, the legal interest of self-determination is violated. The patient has the right to know and make decisions on his or her own, even when it is not connected to the benefit of life and body as the subject of the body. If that infringed and lost, the non-property damage shall be recognized and the immaterial damage must be compensated. On the other hand, the violation of the duty of information does not belong to deny the compensation for physical damage. Which the legal interest violated by violation of the obligation to inform is the self-determination, and loss of opportunity of choice is recognized as ordinary damage. However, if the opportunity of choice was lost because of the infringement of the right to self-determination and the patient could not choice the better way, that dose not occur plainly bad results, under the prove of these causal relationship, that bad results could be compensated. But the unexpectable damage could not be compensated, because the physical damage is considered as the special damage due to the violation of the right of the self-determination.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.12 no.2
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• pp.31-47
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• 2001

From the viewpoint of Information Ethics. I tried to examine the moral justification of Intellectual Property Rights in the age of the digital information society. Lockian traditional argument of property rights which is based on the value of labor and Hegelian theory of personalization, both are not enough to justify the new Intellectual Property Rights. The notions of Intellectual Property Rights are to be changed. One change is from the absolute dominion over material property to the limited dominion over intellectual property. The change from property rights to process control rights is the other. To protect these intellectual property rights, there are three possible protection devices that we might take - legal protection, technical protection and moral protection. I argued that both legal and technical protection have some limitations, so the final way to protect the IP rights is to attempt to establish the moral protection as a fundamental solution.

• Journal of the Korea Society of Computer and Information
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• v.18 no.6
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• pp.111-120
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• 2013

Recently, in the cyberspace, the posts that have only insults and abuses without the fact are getting spread rapidly as a trend, it makes the damage to people also, and the social concerns have been raised about its phenomenon. Meanwhile, because of the insulting actions that performed in cyberspace, the results of infringement of personal rights conditions getting difficult to repair. Also, it is difficult to find who the person who acts as a perpetrator is. So, it is hard to report a crime or sued for damages, also, it is really difficult to deal with a criminal contempt. Also, cause of a lot of deficient areas, the Cyber Insult Crime act is need and strengthened penalties or Mitigation about the crime subject to victim's complaint are need. However, give the criminal penalties to criminal is sufficient. So, to construct a new special criminal law, it is not advisable. Thus, governed by the Criminal Code Section 311 is preferably.

• Journal of the Korean Society for information Management
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• v.13 no.2
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• pp.189-221
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• 1996

Copyright is challenged by the rapid development of digital technology. This study investigated a number of new copyright-related issues : electrocopying, digital transmission, legal definition of multimedia, moral right, fair use et al. To use copyright works we need licensing of rights and permissions. Then at this paper we examined the scopes and contents of permission with copyright owners or publishers, also considered relationships of copyright owners with distributors and end-users. Finally, to protect rights of copyright owners and use freely copyright works, we suggested introduction of 'collective management system of copyright' and construction of 'copyright management information system' .

• Journal of Korean Society of Archives and Records Management
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• v.17 no.1
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• pp.193-216
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• 2017

The purpose of this study is to understand issues related to the Personal Information Act recently emerging in the field of oral history, and to prepare countermeasures for oral history academics and archives. The Personal Information Act is intended to protect the confidentiality and freedom of the constitutional privacy, and to assure the right to self-determination of information, thereby realizing the dignity and value of the individual. Oral history is intended for living persons; therefore, strict ethical standards are needed to protect the morality of the person behind the sound recordings and appears as the subject of oral history. However, if the uniform application of the Personal Information Act is made, it is a requirement to make the process of consenting and notifying excessively complex and almost impossible to realize, making collection and service of oral history resource improbable. The mechanical and strict application of the Personal Information Act does not come into being because it has the aspect of undermining the inherent intrinsic value of oral history resources and making it difficult to maintain the authenticity of the records. To solve these problems, it is necessary to revise Article 58 (4) of the Personal Information Act of Korea. In addition, it is necessary to establish a guideline for the establishment of independent ethical standards of oral history itself, especially for the protection of the moral rights of third parties.