• Korean journal of communication and information
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• v.39
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• pp.69-101
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• 2007

Some clauses of the prior review rules for broadcasting commercials, which are enforced by the Broadcasting Act violate the right to free speech guaranteed by the Constitution. The range of prohibited expression under the clauses are too vague and overbroad to distinguish between permissible and impermissible broadcasting commercials. The clauses also fail to pass the constitutional principle that restrict government from excessive regulation on constitutional rights. The principle has a four-pronged test on the government action; 1) the validity of its goal; 2) availability of appropriate means; 3) necessity of infringement; 4) and balancing test of interests. Some clauses of the prior review rules that forbid expressions on sensitive political and cultural issues fail to pass none of the four-pronged standards.

• Journal of the Society of Disaster Information
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• v.9 no.4
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• pp.439-448
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• 2013

The Amendment of Misdemeanor Punishment Act which has been enforced since March 22, 2013 contains Section 3. 1. 41 (titled "Continuous Harassment") which provides that stalking is one's act of "attempt to continuously approach other person or persons against the latter's express intent and thereby demand interviews or associations to them, or commit behaviors such as monitoring, following (shadowing) and ambush over and over again." In South Korea, any wrongdoer who does such act of stalking shall be fined 80,000 Korean won under the Enforcement Decree of Misdemeanor Punishment Act. However, in view of the seriousness of ever-diversified and skillful stalking crimes, we have a question of whether the application of current Misdemeanor Punishment Act would be effective in reality.In order to get over current limitations of Misdemeanor Punishment Act as a part of direct regulatory control over stalking crimes and more properly cope with stalking crimes, this study give the following suggestions.

• Korean Security Journal
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• no.12
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• pp.245-269
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• 2006

The suggestions that follow are about the device to assure the effectiveness of administrational regulation and supervision in Korean private security. First, government clearance should be reinforced. For this it is necessary that the qualification for security dealer-careers and academic backgrounds with security etc.- should be elucidated in Security Law. Also it should be achieved to increase the capital fund and to keep security guards for insuring substitutional manpower. Second, after legal permission governmental supervision should be done in quality by means of setting up the competent institutions independently. Third, the punishment for obtaining security license mendaciously, carrying out illegal or unfair task and assigning Security Guard Supervisors expediently should be strengthened. Also to prevent expedient acts it is necessary to prescribe illegal or unfair acts in the concrete in Security Law and violators should be legally responsible. Fourth, to lay the foundation for security industry itself and make up for perfunctory governmental direct System for Professional License (of private security guard) should come into effect.

• Journal of Science and Technology Studies
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• v.11 no.2
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• pp.31-66
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• 2011

The main issue in Korean debates over genetically modified (GM) foods have been government's responsibility to guarantee consumers' right-to-know and make informed choice. Counter-experts' critique over the current regulatory processes based upon substantial equivalence have not been widely publicized. Through interviews and textual analysis, this paper explored three groups' performances in Korean GM food controversies-regulatory scientists, civil society organizations, and counter-experts. Analytic focus was made upon how each of the groups interact with current GM food regulations. While making conflicts with regulatory scientists and their 'discourse of compliance with global standards,' counter-experts were excluded from regulatory processes. This article suggests that the processes and contexts in which counter-experts failed to form strong alliance with other groups need to be examined in order to further understand the specific contours of Korean GM food controversies.

• Journal of Internet Computing and Services
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• v.15 no.5
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• pp.123-132
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• 2014

Internet is composed of many independent networks referred to as Internet Service Providers (ISPs) and each provider is generally interconnected based on a commercial agreement. Though many countries are engaged in deregulation in internet interconnection, there is still debate whether the large ISPs are unwilling to peer with small providers, have incentives to lower the quality of data transmission of transit operators or set the interconnection charge regarding the actual costs incurred by the interconnection. Korean government introduced regulations in internet interconnection after observing noticeable anti-competitive behaviors from 2005. This paper analyzes whether there is margin squeeze problem/market concentration, and suggests political proposals in Korean regulation status.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.15 no.1
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• pp.45-57
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• 2020

Among the fintech businesses that are actively developing around the world, payment and settlement are the most prominent. Korea has a well-developed IT industry and a good existing card payment environment, however, its innovative movement is overwhelmingly slower than that of other countries in the fintech. In this study, we try to assess the regulations on fintech and their impacts on the startup ecosystem by comparing the cases of U.S., China, and Korea. We have found that both the United States and China have lowered barriers to entry for the newly launched fintech industry, allowing startups and IT companies to start fintech businesses at the existing financial sector. Particularly the implementation of predictable regulations in U.S., and the failure to apply the financial regulations in China, help start-up companies' growth in the fintech industry. This finding provides us with a lesson that current positive regulations in Korea should gradually change into negative regulations, and predictable regulations that strictly enforce post-management except major items rather than pre-approval. The policy implications are discussed with the perspective of start-ups in fintech industry.

• The Korean Society of Law and Medicine
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• v.23 no.3
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• pp.117-137
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• 2022

Today, the medical system is changing into a comprehensive health care system in which collaborative relationships between medical professionals and non-medical personnels in neighboring occupational areas. The current medical act brands such "collaboration" as unlicensed medical practice, and punishes non-medical personnel who acted in the risk management of doctors as well as doctors collaborated with non-medical personnel as unlicensed medical practice. In order to narrow the gap between the legal system that regulates unlicensed medical practices and the medical reality, it is necessary to overcome the structural limitations of dualistic, nationalistic, and identity-oriented regulation of unlicensed medical practices. The legal interests of unlicensed medical practice have a dual nature as a personal legal interest of "human life and body" as well as a national legal interest of "maintenance and protection of the nation's medical license system", and it should be noted that the criteria for judging the legal interests protected by the regulations of criminal punishment should be found in "personal legal interest theory." In addition, when determining which behavior is a medical practice and evaluating its risk, the dimension of behavior and measures should be considered in a fair manner without being biased against the subject (identity) of the action. In other words, judging unlicensed medical practice should depend on whether the risk of side effects that may result from the act is reasonably managed. Considering the prospect of therapeutic dialogue between medical professionals and patients, it would be desirable for medical law policies to move in a way that does not fundamentally block the possibility of collaboration among pluralistic medical personalities.

• Journal of Cadastre & Land InformatiX
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• v.51 no.2
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• pp.51-72
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• 2021

The purpose of this study is to explain the types and causes of errors in zoning data that occur in the topographic map notification procedure, and to prepare a data maintenance plan. In Korea, like the United States, law-based land use regulation is dominant. In other words, according to the land use regulation method in the Act, the government designates zoning for all lots in the country, and landowners check the land use regulations of their land through the Korea Land use Information System. The land use plan confirmation document is important land information that affects the results of administrative dispositions such as land transactions between individuals or permission for development activities. However, there are data errors that occur during the current topographic map notification procedure and data construction process. Therefore, four local governments that can verify data by type were selected in consideration of local government conditions. A number of errors are first, errors in data construction and management in the Korea Land use Information System, and second, errors in lack of expertise that occur while the local government officials maintain data. Third, it was analyzed as an error from the relationship between the serial cadastral map and the zoning DB. Based on the above results, it is hoped that the results of this study will be reflected in the establishment of the KLIP and the reform of the legal system, which is currently underway after the establishment of the 「3rd the Korea Land use Information System Construction Plan」.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• v.2
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• pp.33-35
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• 2006

과거 해양이 무한한 정화능력을 가진 장소로 오판하여 산업사회 이후로 육상의 폐기물을 해양에 투기하였으나, 현재에는 모두 그 그러한 행위가 우리의 해양환경을 위협하는 오염원이라는 것에 대해서 아무도 이의를 제기하지 않는다. 국제적으로 해양투기를 금지하고, 또 필리핀, 일본, 우리나라를 제외하고는 공식적으로 모든 나라가 해양투기를 금지하고 있다. 일본은 2007년부터 전면금지, 필리핀은 개발도상국임을 고려할 때 우리나라의 해양투기는 심각하게 고려해야할 문제인 것이다. 다행히 국가와 국민 모두가 해양투기의 심각성을 알고 이에 대처하기 위하여 제도적, 사회적, 문화적으로 다각도로 노력하고 있는 것은 알고 있지만, 이 문제는 국가가 주도적으로 나서서 해결해 나가야 하는 것인 만큼 지금보다 더 적극적인 자세로 규제하고, 관련한 문제들을 해결하기 위하여 노력해야 한다.

• Proceedings of the Korean Society of Computer Information Conference
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• 2015.01a
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• pp.85-87
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• 2015

스토킹현상을 신종범죄로 규정하고 스토커 처벌에 관한 내용을 입법화하려는 움직임은 미국에서 1990년 캘리포니아주에서 '스토킹방지법'이 제정됨을 시작으로 1999년에 50개주 및 콜롬비아 특별구까지 입법화되었다. 이에 반해 우리나라는 1999년 스토킹 규제 관련 법안이 발의된 이후 제18대 국회까지 4개의 법안이 발의되었으나 입법화되지 못하였고 다만 2013년에 개정된 경범죄 처벌법에 의해 미미한 처벌규정만을 두고 있다. 현재 제19대 국회에는 스토킹 규제에 대한 법안이 발의되어 있고 이에 대해 많은 논의들이 진행되고 있고 우리나라도 스토킹 행위에 대한 효과적 대응과 피해자의 보호를 위한 과련 법 도입이 절실하다.