• Journal of the Korea Society of Computer and Information
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• v.27 no.3
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• pp.165-171
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• 2022

In this paper, we suggest the Measures to improve the Act Bill for establishing the Game User Committee. The Act Bill has a lot of problems which are violations of criminal legalism due to unclear terms in administrative punishment and violations of The Human Right enjoying freedom of occupation and guaranting property due to not defining provisisons about The Duty of Confidentiality or The Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions. also the duplicate regulations in the Act Bill disrupt game industry development. we have three results that were derived through analysis of Prior studies and precedents. The First is to define details of special reasons in enforcement ordinance and enforcement regulations. The Second is to define The Duty of Confidentiality or The Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions in the act bill. The Third is to address managing the random reward items in the Game Rating and Administration Committee or is to give game user advance notice about the Comntent Dispute Mediation system.

• 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.

• The Korean Society of Law and Medicine
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• v.23 no.4
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• pp.3-28
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• 2022

Recently, the targets and clauses of negotiation between 'National Health Insurance Service (NHIS)' and Pharmaceutical companies has been expanded. Due to newly adopted 'Quality management clause', 'Compulsory supply maintenance clause' and 'Penalty for breach of contract clause', not only 'Ministry of Health and Wellfare (MOHW)'s 'drug listing' and 'Price cap' announcement, but also 'negotiation between NHIS and pharmaceutical companies' can be a legal sanction to the suppliers. Once secretary of MOHW order NHIS to negotiate with pharmaceutical company, NHIS notify this order to the company and enter into the negotiation. 'The order' exists in the public domain between the government (MOHW) and public institutions (NHIS) and does not constrain the legal rights of companies (Therefore companies cannot pile a lawsuit about the order). However, 'the notice' or 'negotiation' is an act which has a counterpart, can be a target of administrative litigation if the company get some disadvantages from the talks. Negotiations can be divided into four types according to "the target (whether it is listed on the insurance benefit list)" and "the purpose (whether the target is price or conditional)." In particular, negotiations on listed drugs, whose goal is to set unfavorable conditions for companies, can be illegal if there is no price. So we need to consider compensation for the company as an incentive to negotiate.

• Journal of Korean Society of Environmental Engineers
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• v.29 no.4
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• pp.397-403
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• 2007

This paper presents the results of a case study of a dispute for the damage of the right to sunshine between B and W Apartment Complex in the N city. Recently a number of disputes for the right to sunshine increase in urban areas because the residents' demand for pleasant residential environment is getting stronger. In particular, problems related to sunshine, which were not recognized during the construction, have come up to the surface over time as people's concern over residential environment is growing. According to a recent interpretation of the right to sunshine in urban areas, moreover, there have been a series of legal decisions starting that damage of the right to sunshine to neighboring apartments must be indemnified for even if the violating apartment was designed and constructed legitimately according to relevant construction laws applied when the building was constructed. Thus this study examined the effects and the scope of damage on the right to sunshine through a case study in order to provide basic materials necessary to rope with related civil affairs.

• Informatization Policy
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• v.29 no.4
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• pp.67-90
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• 2022

The March 2022 presidential election held at the peak of the COVID-19 pandemic drew flak for undermining the principle of universal suffrage by failing to guarantee properly the voting rights of confirmed and quarantined persons. Guaranteeing their voting rights requires thinking about e-voting that can fundamentally overcome the temporal and spatial limitations of current paper voting polling stations. The question is how to deal with the increased possibility of contradicting or violating the principles of equality and direct and secret suffrage due to the expansion of universal suffrage. In order to obtain implications for this, we looked at the case of Estonia, which has been holding 11 national elections without any problems since the introduction of e-voting in 2005. Estonia was successfully building trust in the system, government, and society through the institutionalization and routinization of the overall socio-technical system of e-voting, along with political and constitutional agreements on the principles of elections. Therefore, we should not only consider the possibility of e-voting in terms of technological development and level but also discuss the establishment of trust by mediating conflicts between election principles from a normative point of view to reach a social consensus.

• Convergence Security Journal
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• v.23 no.3
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• pp.37-47
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• 2023

The growth of the metaverse has been accelerated by the increased demand for non-face-to-face interactions due to COVID-19 and advancements in technologies such as blockchain and NFTs. However, with the emergence of various metaverse platforms and the corresponding rise in users, criminal cases such as ransomware attacks, copyright infringements, and sexual offenses have occurred within the metaverse. Consequently, the need for artifacts that can be utilized as digital evidence within metaverse systems has increased. However, there is a lack of information about artifacts that can be used as digital evidence. Furthermore, metaverse security evaluation and forensic analysis are also insufficient, and the absence of attack scenarios and related guidelines makes forensics challenging. To address these issues, this paper presents artifacts that can be used for user behavior analysis and timeline analysis through dynamic analysis of Roblox, a representative metaverse gaming solution. Based on analyzing interrelationship between identified artifacts through memory forensics and log file analysis, this paper suggests the potential usability of artifacts in metaverse crime scenarios. Moreover, it proposes improvements by analyzing the current legal and regulatory aspects to address institutional deficiencies.

• Journal of Arbitration Studies
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• v.24 no.2
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• pp.33-52
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• 2014

Although climate change is a global scale question, some concerns have been raised that principles of investment arbitration may not adequately address the domestic implementation of climate change measures. A recent ICSID investment arbitration of Vattenfall v. Germany with regard to the investor's alleged damages from the phase-out of nuclear plants is a salient climate change case. The 2005 Kyoto Protocol was made to reduce greenhouse gas emissions and it provides a number of flexible mechanisms such as Joint Implementation (JI) and Clean Development Mechanism (CDM). Implementation of the Kyoto Protocol allows dispute settlement through investor-state arbitration. Any initiation of stricter emission standards can violate the prohibition on expropriations in investment agreements, regardless of the measures created to reduce greenhouse gas emissions. The effect-based expropriation doctrine can charge changes to existing emission standards as interference with the use of property that goes against the legitimate expectation of a foreign investor. In regulatory chill, threat of investor claims against the host state may preclude the strengthening of climate change measures. Stabilization clauses also have a freezing effect on the hosting state's regulation and a new law applicable to the investment. In the fair and equitable standard, basic expectations of investors when entering into earlier carbon-intensive operations can be affected by a regulation seeking to change into a low-carbon approach. As seen in the Methanex tribunal, a non-discriminatory and public purpose of environmental protection measures should be considered as non-expropriation in the arbitral tribunal unless its decision would intentionally impede a foreign investor's investment.

• Journal of Internet Computing and Services
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• v.16 no.4
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• pp.149-156
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• 2015

The Personal Information Protection Commission shall be established under the direct jurisdiction of the President and shall independently perform affairs under its authority. It shall be comprised of total 15 members (5 members designated by the President, 5 members elected at the National Assembly and 5 members designated by the Chief Justice of the Supreme Court), including one minister-level Chairperson and one vice-minister-level standing member. Main functions of the Personal Information Protection Commission include deliberation and resolution of major policies and improvement of ordinances and systems related to personal information protection, coordination of opinions among public institutions in regards to the management of personal information, recommendation of improvement such as suspension of infringement by a central administrative agency, a local government and a constitutional institution, and submission of annual reports on personal information protection to the National Assembly. The function and role of the Personal Information Protection Commission regulated by the current law are insufficient in terms of independence and authorities of protection agencies compared to the international standard or level of discussion. The Commission thus cannot play a sufficient role as an independent agency for efficient protection of personal information. Therefore, there is a need for law revision that revives the purpose of the establishment of the Personal Information Protection Commission.

• The Journal of the Korea Contents Association
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• v.13 no.12
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• pp.638-649
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• 2013

This study focuses on analyzing the trend of Korean movies and the issues caused by industrialization and the alternatives. The results are as follows: first, there does not exist distinctive genre movie as most of the movie producers concentrate on thoughtless genre fusion of movie, simply hoping for box office success. Second, Giant companies that has large amounts of money and distributors tend to monopolize production, distribution, and running of movie. Consequently, the development of diversity and artistry is absolutely impeded. Third, the structure of Korean movie industry make some well-known movie stars survive the film world and staff members and actors except them face economic difficulty. The solution plans for the problems mentioned above can be drawn like this; first, genre film with distinctive features should be developed. Second, the monopolistic structure of the screen should be changed. Legal organizations are required to redesign the system of unfair Korean film industry. Third, it is suggested that quantitative expansion of special theaters of diversity film be urgently needed. Fourth, appearance fees given to popular movie stars, actors, and staff members have to be provided in a balanced way. Fifth, the way for revitalization of film production should be found through the legal examination of fund for film development. Last but not least, the profit from the additional film market ought to be made.

• Journal of Yeungnam Medical Science
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• v.14 no.2
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• pp.350-358
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• 1997

We studied the effects of adding a single bolus(500 mg) of sodium thiopental to a continuous infusion of low-dose fentanyl on plasma beta-endorphin immunoreactivity(iBE) responses to cardiopulmonary bypass(CPB) in 28 patients undergoing elective coronary artery bypass grafting or valve procedures. Thiopental was injected just prior to the initiation of CPB. The iBE levels and the hemodynamic indices such, as mean arterial pressure, cardiac output and systemic vascular resistance were measured before CPB, at 30 min and again at 60 min after the initiation of the bypass. The results were as follows. After the initiation of CPB, iBE levels increased at 30 min and 60 min(P=0.006, P=0.004 respectively) in the control group, but not in the thiopental group. There were significant differences in the changes of iBE levels between the groups(F=8.7, G-G=0.002, P=0.001). The hemodynamic indices were similar in both groups. In conclusion, pretreatment with thiopental just before the initiation of CPB prevents the stress-induced beta-endorphin response to CPB.