• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.143-174
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• 2019

Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution, and one of them is to prohibit the operation of multiple medical institutions. By the way, virtually multiple medical institutions could be opened and operated because the Supreme Court had interpreted that several medical institutions could be opened if medical activities were not performed directly at the additional medical institution which was opened under the another doctor's license. However, some health care providers opened the several medical institutions with another doctor's license for the purpose of the maximization of profit, and did illegal medical cares like the unfair luring of patients, over-treatment, and commission treatment. Also, realistic problems such as the infringed health rights have arisen. Accordingly, lawmakers had come to amend the Medical Law to readjust the system of opening for medical institution so that medical personnel could not open or operate more than one medical institution for any reason. For this reason, the Constitutional Court recently declared a constitutional decision through a long period of in-depth deliberation because the constitutional petition and the adjudication on the constitutionality of statutes had been filed on whether Article 33 paragraph 8 of the revised medical law is unconstitutional. The Constitutional Court acknowledged the "justice of purpose" in view of the importance of public medical institutions, of the prevention from seduction of for-profit patients and from over-treatment, and of the fact that health care should not be the object of commercial transactions. Given the risk that medical personnel might be subject to outside capital, the concern that the holder of the medical institution's opening certificate and the actual operator may be separated, the principle that the human body and life should not be just a means, and the current system's inability to identify over-treatment, it also acknowledged the 'minimum infringement'. Furthermore, The Constitutional Court judged it is constitutional in compliance with the principle of restricting fundamental rights, such as 'balance of legal interests'. In this regard, legislative complements are needed in order to effectively prevent the for-profit management and the over-treatment the Constitutional Court is concerned about. In this regard, consumer groups actively support the need for legislation, and health care providers groups also agree on the need for legislation. Therefore, the legislators should respect the recent Constitutional Court's decision and in the near future complete the complementary legislation to reflect the people's interests.

• The Journal of the Korea Contents Association
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• v.14 no.3
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• pp.176-185
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• 2014

This study deals with the precedents regarding music works among 'The suits to claim an infringement of copyright' and 'Suits to claim indemnification for damage' that have been filed in Korea up so far in order to establish clear criteria to judge plagiarism based on the ground of legal judgment and judge the similarity of two works that have been in controversy previously. The study has been performed through literature review and also precedents. According to the study result, 'criteria to judge music works on plagiarism' are largely classified into (1) creativity, (2) access, and (3) substantial similarity. It is almost the same to judge creativity and substantial similarity. With the components of music works, say, melody, harmony, and rhythm, comparative analysis is conducted. About creativity, the original composer's song is analyzed with another object to be compared whereas about substantial similarity, two songs in controversy get to be analyzed. Regarding the current criteria to judge creativity, it is needed to set the number of objects to be compared which have been regarded similar. And access has limitations in setting up objective criteria for it. Lastly, we should develop digitized criteria for substantial similarity based on the preliminary review system of the Committee on Performance Ethics in the past.

• Journal of Legislation Research
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• no.44
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• pp.103-153
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• 2013

This article aims at the legislation of User-Protection Act in area of ICT. In these days telecommunication and broadcasting are getting more and more convergent. The paradigm of ICT is turning over from the service provider to the end-user. User protection has been in each erea of ICT (C-P-N-D) individually regulated. In the area of telecommunication it is important to protect the interest of user, who stands in contract with the service provider. And in area of broadcasting it is important to protect the interest of viewers, who stands "gratis" with the broadcasters without any contracts. For the more efficient user-protection it is also necessary to make a dedicated organization under KCC(Korean Communications Committee). In this early year the government organization was divided into MSIP(Ministry of Science, ICT and future planing) and KCC. The user-protection act will be very important instrument of ICT regulation in the era of creative economy. It is necessary to establish a new frame act of user protection. It is also necessary to make start to establish a new system of user education in erea of ICT. It is strongly expected the new act will be a turning point of ICT development in Korea.

• Journal of Korean Philosophical Society
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• v.143
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• pp.215-244
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• 2017

It is said that we live in an age of technology. And indeed, science and technology do play key roles to our life of happiness, but they are equally central in all events that threaten it. Science and technology are the means we often turn to in seeking solutions to our problems, and in turn are often the apparent sources of new problems. Thus it is not surprising that they have two aspects at the same time. CCTV has been presented to us as a technical solution to security problems. With the help of CCTV, we can more effectively prevent, detect, and prosecute crimes. With the help of CCTV, both public and private spaces can be made more secure. But of course, CCTV also has a down side. The down side most prominently anticipated has been loss of privacy and proliferation of surveillance. It is largely this potential problem with CCTV that has been regulated against. It is said that one reason for imposing a limitation on individual privacy is the societal interest in the prevention of crime. Accordingly a balance between the need to prevent crime through the use of CCTV and the duty to respect the privacy interests of individual citizens is in need of redress. In other hand, two theories of socio-political philosophy may have provided useful ways of understanding the role of CCTV in contemporary society. Firstly, neo-Marxist frameworks, for instance, stress the use of CCTV to police existing unequal socioeconomic divisions within society and the dominance of particular forms of order based upon materialist agendas. Secondly, Foucauldian frameworks contend that Foucault's notion of panoptic surveillance underpinning (self) disciplinary society is an appropriate template for understanding CCTV in late-modern society. In order to find a new point of valance between security and privacy in the use of CCTV, the participation of each citizen in the discourse to make the new norm is necessary. And to prevent its political misuse, their surveillance, or check for the potential surveillance-power is required.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.19 no.6
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• pp.121-134
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• 2009

Consumer-centric marketing business is surely one of the most successful emerging business but it poses a threat to personal privacy. Between the service provider and the user there are many contrary issues to each other. The enterprise asserts that to abuse the privacy data which is anonymous there is not a problem. The individual only will not be able to willingly submit the problem which is latent. Web traffic analysis technology itself doesn't create issues, but this technology when used on data of personal nature might cause concerns. The most criticized ethical issue involving web traffic analysis is the invasion of privacy. So we need to inspect how many and what kind of personal informations being used and if there is any illegal treatment of personal information. In this paper, we inspect the operation of consumer-centric marketing tools such as web log analysis solutions and data gathering services with web browser toolbar. Also we inspect Microsoft explorer-based toolbar application which records and analyzes personal web browsing pattern through reverse engineering technology. Finally, this identified and explored security and privacy requirement issues to develop more reliable solutions. This study is very important for the balanced development with personal privacy protection and web traffic analysis industry.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.20 no.6
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• pp.97-109
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• 2010

Although the primary liability for online copyright infringement may fall on the individual who illegally copies, transfers, and/or distributes the copyrighted content, the issue of indirect liability for Online Service Providers (OSPS) that provide a channel for the distribution of illegal content has recently come under the spotlight. Currently, in an effort to avoid liability for indirect copyright infringement and improve their reputation, most OSPs have voluntarily applied filtering technology. Under the Copyright Act of Korea, special types of OSPS including P2P and Web-based Hard Drive (WebHard) are required to incorporate filtering technology, and may be charged with penalties if found without one. However, despite the clear need for filtering mechanisms, several arguments have been set forth that question the efficacy and appropriateness of the system. As such, this paper discusses the liability theory adopted in the US. -a leader in internet technology development-and analyzes the scope of liability and filtering related regulations in our copyright law. In addition, this paper considers the current applications of filtering as well as limits of the applied filtering technology in OSPS today. Finally, we make four suggestions to improve filtering in Korea, addressing issues such as clarifying the limits and responsibilities of OSPS, searching for cooperative solutions between copyright holders and OSPS, standardizing the filtering technology to enable compatibility among different filtering techniques, and others.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.34 no.2
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• pp.207-216
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• 2024

As big data was built due to the 4th Industrial Revolution, personalized services increased rapidly. As a result, the amount of personal information collected from online services has increased, and concerns about users' personal information leakage and privacy infringement have increased. Online service providers provide privacy policies to address concerns about privacy infringement of users, but privacy policies are often misused due to the long and complex problem that it is difficult for users to directly identify risk items. Therefore, there is a need for a method that can automatically check whether the privacy policy is safe. However, the safety verification technique of the conventional blacklist and machine learning-based privacy policy has a problem that is difficult to expand or has low accessibility. In this paper, to solve the problem, we propose a safety verification technique for the privacy policy using the GPT-3.5 API, which is a generative artificial intelligence. Classification work can be performed evenin a new environment, and it shows the possibility that the general public without expertise can easily inspect the privacy policy. In the experiment, how accurately the blacklist-based privacy policy and the GPT-based privacy policy classify safe and unsafe sentences and the time spent on classification was measured. According to the experimental results, the proposed technique showed 10.34% higher accuracy on average than the conventional blacklist-based sentence safety verification technique.

• Journal of Global Scholars of Marketing Science
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• v.15 no.3
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• pp.211-231
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• 2005

It is important for marketers to understand both individual resistance and group resistance in order to successfully bring innovations into global markets. We suggest that consumers resist innovations as individuals and as members of a group and that they do this in different ways at different stages of decision-making. The individual resistance begins with forms of initial resistance, develops into emergent resistance and mature or belated resistance at the individual level. In addition, personal moral standards can influence decision making in relation to the adoption of innovations. Individual resistance is sometimes accompanied by or evolves into group resistance. We introduce a framework for thinking about consumer resistance to innovations that sees it as a consequence of social identity, which has functions for the individual, the group to which one belongs, and other individuals and groups. Consumers with membership in a certain group try to increase their self-esteem through the process of social comparison. The more consumers strongly identify with and bond with a certain group, the more in-group solidarity and out-group hostility will occur. Out-group hostility gives group members strong resistance toward products and services related to the out-group. Individual resistance and group resistance are threats to marketers and dampen performance. By considering the existence of resistance to innovations and seeking strategies to overcome it, marketers can transform these threat into new opportunities. A better understanding of consumer resistance can complement research on the adoption of innovations and help in the development of a universal model of consumer behavior.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.2
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• pp.87-108
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• 2014

Recent examples of abuse by black consumers (including air travellers) against emotional laborers have become a serious social issue in Korea in that they are likely to violate human rights of those laborers. Emotional labor is a form of emotion regulation that creates a publicly visible facial and bodily display, and also emotional management within the workforce that creates a situation in which the emotion management by workers can be exchanged in the marketplace. Example professions that require emotional labor are: nurses, doctors, waiting staff, and television actors. However, as the economy moves from a manufacturing to a service-based economy, many more workers in a variety of occupational fields are expected to manage their emotions according to employer demands when compared to the past. One of symptoms deriving from emotional labor is smile mask syndrome abbreviated SMS, which is a psychological disorder proposed by professor Makoto Natsume where subjects develop depression and physical illness as a result of prolonged, unnatural smiling. And higher degree of using emotion regulation on the job is related to higher levels of employees' emotional exhaustion, and lower levels of employees' job satisfaction. In most part, emotional laborers are more abused and hurt by so called black consumers who are raising complaints relating to products and services purchased against service providers for the purpose of maliciously getting compensation. Against this background, the Korean Government abolished "the Consumer Protection Act" and instead promulgated "the Basic Consumer Act" in September 2006 which stipulates that consumers are expected to have protection as well as responsibility and duty. The Aviation Security Act cites the examples of prohibited behaviors (unruly passengers) while they are travelling. In addition, human rights of emotional laborers could be more protected by the enhancement of etiquettes and cavalry and improvement of culture and working environment.

• Journal of Digital Convergence
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• v.10 no.11
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• pp.87-92
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• 2012

In the early 2012, European Union proposed new legal framework, including the right to be forgotten, for the protection of personal data. The new Proposal articulates kind of sweeping new privacy right and there has been debates on its potential threat to free speech in the digital age. While the situation is similar in Korea, I want to introduce the right to be forgotten in the Proposal. Then, I will analyze current legal system in Korea regarding the new privacy right and suggest some guidelines in searching direction for the coming legislation with respect to the right to be forgotten. The right to be forgotten should not have been promulgated without considering fully its effect on the free speech, especially in the society where the voice toward direct democracy or movement toward participation of the citizen, mainly through cyber space or Social Network Services, has risen much higher in Korea. Especially, the new right seems not to cover the control of data subject on a third party where the third party expressing his opinion by posting himself other's personal data on his blog or others.