• International Commerce and Information Review
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• v.2 no.1
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• pp.129-148
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• 2000

지적재산권은 기술개발의욕 자극을 위해 새로이 물건이나 사상 등의 창작자에게 일종의 배타적 독점권을 부여한 것으로서 1980년대 이후 국제적 관심이 고조되기 시작하였는데, 두 차례의 석유파동 이후 기술이 국제 경쟁력의 주요 결정요인으로 등장하던 시기에 한국을 비롯한 개도국들이 선진국의 기술을 모방하여 첨단기술제품 분야에서 경쟁적 우위를 확보하자 자신들의 경쟁력 확보를 위해 선진국들이 자신들의 통상교섭력을 바탕으로 GATT/UR 등 국제적 협상을 통해 지적재산권 보호문제를 통상문제로 확대시킨 것이다. 이러한 지적재산권에 대한 통상문제와 관련하여 가장 문제가 되는 국가는 역시 미국인데, 미국은 통상법 301조 중 지적재산권 보호에 적용되는 Special 301조를 이용하여 지적재산권 보호에 대한 실효성을 확보하였으며, 당초 제품수입상의 불공정거래행위에 적용하던 관세법 337조를 지적재산권을 침해하는 수입 판매행위에도 적용할 수 있도록 개정함으로써 그 보호수단을 더욱 강화하였는데, 이에 따라 우리도 적절한 대응방안의 모색이 요구되고 있다. 우선 정부의 입장에서는 대내적으로 원천기술 및 개량기술 개발을 통한 기술의 해외의존도 축소, 인센티브 도입 등 직무발명제도 활성화, 해외특허권 취득확대를 위한 중소기업의 해외출원비용 지원, 심사관의 전문화롤 통한 심사의 처리속도 및 질 향상, 특허기술정보 이용체제 개선을 위한 특허청의 정보전산화 및 산업기술정보원 톡허정보센타와의 유기적인 협조체제 구축, 기업의 특허분쟁대응능력 향상을 위한 전담부서 마련 및 국제특허분쟁 전문변리사 양성 등의 대안을 마련할 필요가 있으며, 대외적으로는 PLT협약 등 차후에 있을 국제협약에의 적극적인 참여를 통한 우리나라의 이익도모, 남북 가교역할의 강화 및 한 미 양국간의 법제적 차이에 대한 오해불식, 해당 산업에 영향을 줄 수 있는 로비 활동의 활성화 등의 대안이 필요하다. 또한 기업의 입장에서는 사전적으로 과감한 연구개발투자를 통한 산업재산권 확보, 기술 법률 언어능력을 고루 갖춘 특허전문가의 확보, 국제특허분쟁에 대한 대응체계 구축, 특허권 분쟁발생 방지를 위한 책임소재의 명확화 등의 근본적인 대책과 국제특허분쟁 차단을 위한 철저한 선행기술 조사, 해외기술의 개량 및 이용 촉진을 위한 크로스-라이센스의 활성화, 부실특허권에 대한 적극적인 무효심판청구, 제소정보에 대한 조기 입수, 설계변경이나 특허무효자료조사 등 침해회피 방법의 준비, 위험특허에 대한 철저한 예비조사 등의 부수적인 대책을 마련할 필요가 있으며, 일단 특허분쟁이 발생한 경우에는 당해 분쟁의 자사 생산 제품과의 관련여부 검토, 사건에 필요한 광범위한 정보 수집을 위한 전담팀 구성, 제소인의 특허권에 대한 면밀한 법률적 검토, 제소자에 대한 정확한 정보파악 및 최종 대응방안에 대한 신속한 결정, 자사의 특허를 이용한 제소자에 대한 역제소 등의 대응방안을 강구할 필요가 있는 것이다.

• Journal of Digital Convergence
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• v.12 no.1
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• pp.13-21
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• 2014

The problem of the cases of Soribada and Winny is their duplexity that they could be used legally and illegally. The issue called 'The crime of aiding through the neutral behavior' is about whether the program developer who shared the file sharing program letting unspecified public infringe the copyright could be punished or not. Many theories about limiting the traditional scope of punishment of aider have been maintained. However, it is questionable whether it is possible to limit the scope of punishment following the former cases and theories even for the action that is causal and facilitates the principal's criminal conduct, like the aid through the neutral action which is hard to perceive as illegal aid because of its characteristics. Therefore, using the case of Soribada in Korea and the case of Winny in Japan as the examples of illegal aid through neutral behavior case, this paper examines the characteristics and problems of aid through existing theories and cases, and suggests new scope of punishment limitation standard through the elaboration of the action of aid and judgment of degree.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.16 no.7
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• pp.4424-4431
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• 2015

The purpose of the study is to analyze the judicial precedents of the copyright relating to advertising focusing on the photographic works and find the characteristics of the legal principles of the copyright infringement or no. As the results of the analyses of the exact 6 precedents, the creativity of the works was the main issue of the judgment of the copyright infringement or no, comparing that 'on the basis' and 'practical similarity' were mainly applied the judgment. It is implied that the photographic works depending on the technologies are more difficult to prove their creativity, and the simple photo of the product itself without or lack of the photographer's creative effort and labor is not acknowledged as a copyrighted work in advertising area.

• Journal of Advanced Navigation Technology
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• v.15 no.3
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• pp.378-385
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• 2011

This paper introduces technical aspects of the privacy exposure problem of the video and the audio information on the personal computer and proposes a countermeasure to them. According to the increased number of peripherals for computers, especially including the cameras and the mikes, it is required to be careful on the privacy exposure. Currently, some incorporated or standalone cameras have a pilot lamp to indicate their usage. However, many other cameras and all mikes have not equipped with the pilot lamp or other dedicated indicator. Even though this problem doesn't obstruct their assigned functionalities, it should make the devices susceptible to be exposed with the information they are gathering without any notice to the owners. As a countermeasure to the problem, this paper proposes a reasonable solution that alarms the access trials to the devices and implements programs for the practical sniffing and its counterpart.

• Journal of the Institute of Electronics and Information Engineers
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• v.51 no.3
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• pp.75-81
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• 2014

In a distribution of the digital image, there is a serious problem that is distributed an illegal forgery image by pirates. For the problem solution, this paper proposes an image forensic decision algorithm using an edge energy information of forgery image. The algorithm uses SA (Streaking Artifacts) and SPAM (Subtractive Pixel Adjacency Matrix) to extract the edge energy informations of original image according to JPEG compression rate(QF=90, 70, 50 and 30) and the query image. And then it decides the forge whether or not by comparing the edge informations between the original and query image each other. According to each threshold in TCJCR (Threshold by Combination of JPEG Compression Ratios), the matching of the edge informations of original and query image is excused. Through the matching experiments, TP (True Positive) and FN (False Negative) is 87.2% and 13.8% respectively. Thus, the minimum average decision error is 0.1349. Also, it is confirmed that the performed class evaluation of the proposed algorithm is 'Excellent(A)' because of the AUROC (Area Under Receiver Operating Characteristic) curve is 0.9388 by sensitivity and 1-specificity.

• Korean Security Journal
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• no.14
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• pp.337-365
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• 2007

The society shows rapid change throughout various fields in the 21 century. These changes are in progress in Korea as well and the private security field is not in exception. The private security system has socially effective function by providing services, which the police cannot provide to citizen. However, it cannot be treated rightly the possibility of violation of human right during the actual action. The qualified person at least should take private investigation service considering privatization of criminal justice and considering that the Private Investigation Act submitted to the Congress could not affect its investigation authority to the citizen currently. The purpose of this study is examination of the private investigation system in Korea and other country and is presentation of its improvement. The chapter 1 composed of introduction on chapter 1, concept and service in chapter 2, private security system in other countryin chapter 3, private security system in chapter 4, problems and its improvements in chapter5, and conclusion in chapter 6. It requires not only consideration of government but also consideration of citizen and effort of both sidesto successful settlement of private security system in Korea.

• Journal of Internet Computing and Services
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• v.17 no.2
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• pp.77-85
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• 2016

Internet cookie technology is designed for solving unreliable problem of HTTP's inherent property and notifying user's previous activity to web site's server, so it is useful to provide suitable service for individual user. However, the cookie techniques are becoming more sophisticated such as the third cookie and super cookie. And its included information is applied for advertisement and target marketing strategy, so the problem occurs that user's personal information is collected excessively. However, our law does not recognize the internet cookie as personal information so user cannot know where own internet cookie is stored and applicable. Therefore, in this paper, we explain the internet cookie technology, the privacy invasion and right to be forgotten for solving problem due to the internet cookie. And we analysis the relationship between the information of internet cookie and personal information, and then present the improvement requirement on the law and technology to use internet cookie securely and conveniently.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.10 no.11
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• pp.3213-3217
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• 2009

Distribution, duplication and manipulation of the digital contents are very easy due to the characteristics of the digital contents. Thus, damages of invasion of property right rapidly increase due to infringement of copyright for the digital contents. To prevent illegal use and to settle conflict about ownership of the digital contents, continuous efforts with enormous expense are devoted. In this paper, we design and implement real-time audio watermarking system to protect ownership and copyright for the digital contents. The proposed system also clarifies where the responsibility about the illegal distribution lies. The system has convenient user interface so that general administrator without an expert knowledge of the protection of copyright can use easily. In addition, unlike the traditional watermarking system, our system has merit to offer information about the illegal distribution for clear post-management.

• The Journal of Korean Association of Computer Education
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• v.15 no.2
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• pp.75-81
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• 2012

As the number of web users is increasing, the leakage of personal information is increasing. If some personal information is leaked, the victim can suffer from material damage or mental damage at the same time. Most of the leakages are result from the people who works for the personal information by accident or design. Hence, the Ministry of Public Administration and Security proposeed the measuring index and enumerates the details. The index is used in a system to check protection of a personal information. However, because this system is used to evaluate after the leakage, it cannot be used to construct some security system or programming a security system. To solve this problem, it needs to express the diversity of items and be able to count what assessors want to count. Thus, a summary sheet which displays the result of the tool will be presented in a radial form graph. Details will be presented as a bar graph. Therefore, it will be proposed that the tool can grasp the weak point and propose the direction of security.

• Journal of the Korea Society of Computer and Information
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• v.16 no.11
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• pp.189-200
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• 2011

With rapid development and contribution of IT technology IT fushion healthcare service which is a form of future care has been changed a lot. Specially, as IT technology unites with healthcare, because delicate personal medical information is exposed and user's privacy is invaded, we need preperation. In this paper, u-healthcare service model which can manage patient's ID information as user's condition and access level is proposed to protect user's privacy. The proposed model is distinguished by identification, certification of hospital, access control of medical record, and diagnosis of patient to utilize it efficiently in real life. Also, it prevents leak of medical record and invasion of privacy by others by adapting user's ID as divided by user's security level and authority to protect privacy on user's information shared by hospitals.