• Title/Summary/Keyword: 자유침해

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소비자 주권시대의 광고 규제 - 자율성 보장하되 소비자의 피해를 에방하는 대책 마련해야

  • Na, Gyeong-Su
    • The Monthly Technology and Standards
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    • s.101
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    • pp.38-40
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    • 2010
  • 사업자는 소비자와의 관계해서 물품과 용역을 공급함에 있어 소비자의 안전을 보호하고 프라이버시를 침해하지 않으며 소비자의 생명과 신체를 해하지 않는 범위 내에서 최대한의 주의를 행할 의무가 있다. 단적으로 말해서, 광고 행위가 표현의 자유이든 영업상의 권리이든 간에 소비자의 권리를 침해할 자유만은 결코 없다.

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A Study on the Freedom of the Press and the Remedy for Defamation (언론의 자유와 명예훼손 구제방법에 관한 연구)

  • Jeon, Chan-Hui;Ji, Yong-Soo
    • The Journal of the Korea Contents Association
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    • v.12 no.10
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    • pp.159-168
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    • 2012
  • Freedom of speech is indispensable in Democracy. It is a rink among government agencies. Mass media as institutionalized means which forms public opinion impacts quite a few to a society. Mass media as a life media in our daily lives has characteristics of speed and prompt report. It is difficult to measure the effect on a society. Mass media is a lifeline in democracy because it has freedom of opinion for seeing, listening, speaking, and criticizing about the people's right to know in an information society. Our Constitution also guarantees freedom of the press, information(peoples's right to know), report, the collection of news, and edition. Because an unnecessary thing about a privacy is reported by mass media, it can violate defamation. This study seeks to be unbiased in reporting and what the principles of the Constitution for minimizing an invasion of a person's privacy is. This study also seeks freedom of speech and the right to know. In case that a personal honor is invaded by a mass media and a publication, this study provides the Constitution basis, Criminal Law basis, and Civic Law basis for remedy violation. A report for apology on newspaper and by television was widely used as "a proper punishment for honor recovery in the past". The constitutional court had decided that including the report of apology for "a proper punishment of honor recovery" in the article 764 of the Civic Law as a reason of freedom of conscience and the violation of personal rights was against the Constitution. Therefore, this study examples what is a legal remedy in practical?, where is legal basis of special remedy in the Civic Law, and what is a method by the Press Arbitration Law compared with the examples of other countries. On the other hand, because a mass media may injure a person's honor and infringe a person's privacy, if the report is categorized as a malicious press, the true role which mass media has to do may not demonstrated. In conclusion, this study was to minimalize infringement of mass media to a person and to seek a realistic alternative of a legal remedy.

A Study of Digital Library Service Records and User Privacy (디지털도서관서비스기록과 이용자프라이버시에 관한 연구)

  • Noh, Young-Hee
    • Journal of the Korean Society for information Management
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    • v.29 no.3
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    • pp.187-214
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    • 2012
  • Libraries are founded to ensure the intellectual freedom of citizens, and citizens have the right to confidentiality regarding their needs, information access, and information use. Protecting users' privacy is critical to safeguarding their freedom of speech, freedom of thought, and freedom of assembly. Libraries and librarians should seriously concern themselves with their users' privacy because protecting this privacy is part of their most important mission, and, in doing so, users can truly enjoy their intellectual freedom. This study extensively investigated and analyzed the possibility of privacy invasion that may occur in libraries. As a result, cases of potential invasion of privacy in libraries were summarized in the following three categories: violations occurring in the process of national or law agencies' enforcement operations; violations occurring in the process of routine library services such as circulation, reference, online searching etc.; and violations occurring by outsourcing library services.

The Regulations by Criminal Law against any Libel in Cyberspace (사이버명예훼손행위와 형사법적 대응방안)

  • Yoo, In-Chang
    • Journal of the Korea Society of Computer and Information
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    • v.17 no.5
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    • pp.177-183
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    • 2012
  • There occur various crimes in cyber space hiding behind anonymity to avoid punishment by criminal law. One of the most serious crimes committed in cyber space is defamation against others under the cloak of freedom of expression. The infringements by defamations in cyber space are made all of a certain and widespread that the victims have no time to react, and for that reason, the shocks by the defamation are much serious and severe compared with that committed in off line. However, press and publication shouldn't infringe on other's honors, right, public order or social ethics in liberal democrat society which values much the human dignities and values as stipulated in Article 21 section 4 of the Constitution. Protection of personal honor is also the basic rights guaranteed by the Constitution as much as the freedom of expression, and by extension, such harmful behaviour shouldn't be included in the freedom of expression area. In this way, slander can be considered as the minimum limitation of the freedom of expression.

개정 사립학교법은 반드시 재개정되어야 한다

  • Jo, Yong-Gi
    • 대학교육
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    • s.140
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    • pp.16-21
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    • 2006
  • 개정 사학법의 내용은 학교법인의 기본권을 침해함은 물론 자유민주주의의 원리, 자유시장 경제질서의 원리에도 크게 위반된다. 개정 사학법은 사학의 자율성을 신장하고 교육의 국제경쟁력을 높이는 방향으로 반드시 재개정하지 않으면 안 된다.

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Application of Police Video Equipment for Fighting Crime and Legal Trends (범죄 대응을 위한 경찰 영상장비의 활용과 법 동향)

  • Lee, Hoon;Lee, Won-Sang
    • Informatization Policy
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    • v.25 no.2
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    • pp.3-19
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    • 2018
  • With the introduction of video cameras into law enforcement, a great deal of police organizations have adopted the technology in their routine crime prevention activities. The up-to-date systems of ambient surveillance energized by CCTV, police wearable cameras, drones, and thermal imaging devices enable the police to thoroughly monitor public spaces as well as to rigorously arrest on-scene criminals. These efforts to improve the level of surveillance are often met with public resistance raising concerns over citizens' rights to privacy. Recent studies on the use of police video equipment have constantly raised the issues related to the lack of applicable legal provisions, risk of personal information and privacy infringement as well as security vulnerabilities. In this regard, the present study attempted to review the public surveillance methods currently used by law enforcement agencies worldwide within the context of public safety and individual rights to privacy. Furthermore, the present study also discussed the legal boundaries of police use of video equipment to address public concerns over privacy issues.

A Study on the Problems and Limitations of Chat GPT (챗 GPT 의 문제점과 한계에 대한 고찰)

  • Bo-Gyung Park;Seong-Soo Han
    • Proceedings of the Korea Information Processing Society Conference
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    • 2023.05a
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    • pp.588-589
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    • 2023
  • 챗 GPT 는 음성 혹은 문자로 사람과 대화할 수 있는 컴퓨터 프로그램인 챗봇(ChatBot) 중 하나이다. 최근 챗 GPT 의 사용자가 급격히 증가하면서 다양한 문제점과 한계가 발견되고 있다. 본 논문에서는 챗 GPT 를 활용 시 발생하는 문제와 한계에 대하여 살펴본다. 챗 GPT 의 문제점에는 챗 GPT 로 악성코드를 작성하는 사이버 범죄, 개인정보 침해 문제, 챗 GPT 로 과제 작성, 타인에게 챗 GPT 와 대화한 내용이 보이는 보안의 취약점이 발견되는 등이 있다. 챗 GPT 의 한계로는 실시간 학습 불가, 아는 것과 모르는 것의 구분 불가, 저작권 침해와 편향성과 같은 것이 있다. 본 논문이 챗 GPT 의 해결 가능한 문제를 신속하게 해결하고 남아있는 한계에 대한 잠재적인 해결책을 파악하는 데 도움이 되기를 기대한다.

Free Speech and the Void for Vagueness Doctrine: A Comparative Analysis of Free Speech Cases in the Korea Consitutional Court and the United States Supreme Court (표현의 자유와 "명확성 원칙": 한국 헌법재판소와 미국 연방대법원의 판례 비교연구)

  • Chang, Ho-Soon
    • Korean journal of communication and information
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    • v.55
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    • pp.5-32
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    • 2011
  • This paper is a comparative analysis of constitutional decisions in which the Korea Consitutional Court and the United States Supreme Court applied the void for vagueness doctrine into free expression issues. Common aspects are: both courts applied the void for vagueness doctrine on the grounds that vague laws bring chilling effect on freedom of expression. Acknowledging inevitable uncertainties in lawmaking and legal jargons, however, both courts required minimum standards in the void for vagueness doctrine. In the cases where unclear legal meanings resulted in constitutional challenges, both courts adopted the "narrowing construction" by the courts or judges based on average/ordinary person's understanding. The biggest differences between the two constitutional courts are their approach to the degrees of vagueness allowed in free expression cases. The U.S. Supreme Court underscored the necessity of narrowly drawn, reasonable and definite standards. Meanwhile, the Korea Constitutional Court relaxed its standards in some cases such as the National Security Law cases, even though it admitted the possibility of curtailing the right to free expression. The Court reasoned that those laws, though vague, brought with bigger social interests and are necessary tools in dealing with changing world.

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Freedom Achieved in Mathematics Education (수학에서 구현하는 자유)

  • Cha Joo-Yeon;Whang Woo-Hyung
    • Journal for History of Mathematics
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    • v.19 no.3
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    • pp.123-146
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    • 2006
  • The topic in this thesis stems from the current education situation that represses learners' freedom by excessive instruction and compulsory institution, in spite of the education helping learners free from inner prejudice as one of its chief aims. In this thesis, to discuss with an educational aspect, I call the learners' freedom in the learning process 'freedom-in-process' and the learners' freedom as the result of learning 'freedom-as-result'. Through this discussion, the conclusions are as follows; First, learners who enjoy freedom-in-process get to obtain freedom-as-result in mathematics education. Second, freedom-in-process and freedom-as-result appear repeatedly in the process of looking for and gaining structures. Freedom-in-process and freedom-as-result are both faces of coin, like seed and fruit which are related mutually and fertilized each other. For this purpose, Mathematics teacher must have awareness of the value of freedom, cherish the freedom, and enjoy it with his students.

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A Study on the Conflict Between the Call for Journalists' Phone Records and the Shield Law: Focusing on the Review of Paragraph 2, Article 13 of the Act of Protection of the Secrecy of Correspondence (기자의 통화내역 조회와 취재원 보호 간의 갈등: 통신비밀보호법 제13조 제2항 논의를 중심으로)

  • Lee, Seung-Sun
    • Korean journal of communication and information
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    • v.25
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    • pp.103-133
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    • 2004
  • Korean citizens enjoy not only the freedom of communication but also the secrecy of electronic communication. Article 18 of the Constitution of the Republic of Korea prescribes that the secrecy of correspondence should not be infringed. Namely, all citizens enjoy guaranteed privacy of correspondence. But many people have been experiencing the infringement of those rights. The purpose of this paper is to evaluate whether Paragraph 2, Article 13 of the Act on Protection of the Secrecy of Correspondence infringes on the constitutional rights of privacy of electronic communication. The results of this study indicate that the law violates the Constitution. Paragraph 3, Article 12 (Personal Liberty, Personal Integrity) of the constitution stipulates that "Warrants issued by a judge through due process (upon the request of a prosecutor) have to be presented in case of arrest, detention, seizure, or search." However, prosecutors, the police, and National Intelligence Service have made numerous inquiries calling for the journalists' telephone records without warrants issued by a judge. So, this study suggests that the paragraph should be amended to be compatible with the Constitution. Meanwhile, journalists should make a more concerted effort to protect their news sources in exercising constitutionally protected freedom of the press.

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