• Journal of Digital Convergence
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• v.18 no.6
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• pp.17-32
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• 2020

This study analyzes the regulatory issues of stakeholders, the firm, the government, and the individual, in the data industry using the principal-agent theory. While the importance of data driven economy is increasing rapidly, policy regulations and restrictions to use data impede the growth of data industry. We applied descriptive case analysis methodology using principal-agent theory. From our analysis, we found several meaningful results. First, key policy actors in data industry are data firms and the government among stakeholders. Second, two major concerns are that firms frequently invade personal privacy and the global companies obtain monopolistic power in data industry. This paper finally suggests policy and strategy in response to regulatory issues. The government should activate the domestic agent system for the supervision of global companies and increase data protection. Companies need to address discriminatory regulatory environments and expand legal data usage standards. Finally, individuals must embody an active behavior of consent.

• Journal of the Korea Institute of Building Construction
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• v.23 no.6
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• pp.841-849
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• 2023

The rising number of accidents during building demolition work has significantly heightened interest in this field. This study undertakes a comprehensive analysis of the essential capabilities required for building demolition experts, drawing on both domestic and international examples. This includes an examination of training courses for building demolition inspectors and the competencies mandated for structural demolition roles as per Korea's National Competency Standards(NCS). Furthermore, the study reviews the qualification tests and training programs for building demolition professionals in the United States, Japan, and England. The research concludes that the expertise needed for demolition construction professionals should be categorized into seven key domains: legal, structural, safety, planning, operational, constructional, and environmental aspects. These competencies are further divided across three professional tiers: technician, engineer, and manager.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.26 no.2
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• pp.369-375
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• 2016

Most companies are willing to spend money on security systems such as DRM, Mail filtering, DLP, USB blocking, etc., for data leakage prevention. However, in many cases, it is difficult that legal team take action for data case because usually the company recognized that after the employee had left. Therefore perceiving one's resignation before the action and building up adequate response process are very important. Throughout analyzing DRM log which records every single file's changes related with user's behavior, the company can predict one's resignation and prevent data leakage before those happen. This study suggests how to prevent for the damage from leaked confidential information throughout building the DRM monitoring process which can predict employee's resignation.

• Korean Journal of Forensic Psychology
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• v.13 no.2
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• pp.121-145
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• 2022

The current study applied the random forest algorithm to Korean crime victim survey data collected biennially between 2010 and 2018 to explore the relationship between crime/victim characteristics and the victim's criminal damages. A total of 3,080 cases including gender, age (life cycle stage), type of crime, perpetrator acquisition, repeated victimization, psychological damage (depression, isolation, extreme fear, somatic symptoms, interpersonal problems, moving out to avoid people, suicidal impulses, suicide attempts), and emotional changes after victimization (changes in self-protection confidence, self-esteem, confidence in others, confidence in legal institutions, and respect for Korean legal system/law) were analyzed. Considering the features of data that are difficult to apply traditional statistical techniques, this study implemented random forest algorithms to predict crime and victim characteristics using the victim's criminal damages (psychological damage and emotional change) and selected good predictors using VSURF function in VSURF package for R. As a result of the analysis, it was confirmed that the relationship between the type of crime and depression, extreme fear, somatic symptoms, and interpersonal problems, between perpetrator acquisition and somatic symptoms and interpersonal problems, and between repeated victimization and changes in respect for Korean legal system/law. Gender and life cycle stage (youth/adult/elderly) were found to be related to extreme fear and changes in self-protection confidence, respectively. However, more empirical evidence should be aggregated to explain the results as meaningful. The results of this study suggest that it is necessary to enhance the experts' knowledge and educate them on cases about the relationship between crime/victim characteristics and criminal damage. Strengthening their interview strategy and knowledge about law/rules were also needed to increase the effectiveness of the Korean victim assessment system.

• Journal of Intelligence and Information Systems
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• v.27 no.3
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• pp.199-230
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• 2021

Innovative new products and services are being launched through the convergence between heterogeneous industries, and social interest and investment in convergence industries such as AI, big data-based future cars, and robots are continuously increasing. However, in the process of commercialization of convergence new products and services, there are many cases where they do not conform to the existing regulatory and legal system, which causes many difficulties in companies launching their products and services into the market. In response to these industrial changes, the current government is promoting the improvement of existing regulatory mechanisms applied to the relevant industry along with the expansion of investment in new industries. This study, in these convergence industry trends, aimed to analysis the existing regulatory system that is an obstacle to market entry of innovative new products and services in order to preemptively predict regulatory issues that will arise in emerging industries. In addition, it was intended to establish a regulatory impact analysis system to evaluate adequacy and prepare improvement measures. The flow of this study is divided into three parts. In the first part, previous studies on regulatory impact analysis and evaluation systems are investigated. This was used as basic data for the development direction of the regulatory impact framework, indicators and items. In the second regulatory impact analysis framework development part, indicators and items are developed based on the previously investigated data, and these are applied to each stage of the framework. In the last part, a case study was presented to solve the regulatory issues faced by actual companies by applying the developed regulatory impact analysis framework. The case study included the autonomous/electric vehicle industry and the Internet of Things (IoT) industry, because it is one of the emerging industries that the Korean government is most interested in recently, and is judged to be most relevant to the realization of an intelligent information society. Specifically, the regulatory impact analysis framework proposed in this study consists of a total of five steps. The first step is to identify the industrial size of the target products and services, related policies, and regulatory issues. In the second stage, regulatory issues are discovered through review of regulatory improvement items for each stage of commercialization (planning, production, commercialization). In the next step, factors related to regulatory compliance costs are derived and costs incurred for existing regulatory compliance are calculated. In the fourth stage, an alternative is prepared by gathering opinions of the relevant industry and experts in the field, and the necessity, validity, and adequacy of the alternative are reviewed. Finally, in the final stage, the adopted alternatives are formulated so that they can be applied to the legislation, and the alternatives are reviewed by legal experts. The implications of this study are summarized as follows. From a theoretical point of view, it is meaningful in that it clearly presents a series of procedures for regulatory impact analysis as a framework. Although previous studies mainly discussed the importance and necessity of regulatory impact analysis, this study presented a systematic framework in consideration of the various factors required for regulatory impact analysis suggested by prior studies. From a practical point of view, this study has significance in that it was applied to actual regulatory issues based on the regulatory impact analysis framework proposed above. The results of this study show that proposals related to regulatory issues were submitted to government departments and finally the current law was revised, suggesting that the framework proposed in this study can be an effective way to resolve regulatory issues. It is expected that the regulatory impact analysis framework proposed in this study will be a meaningful guideline for technology policy researchers and policy makers in the future.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.19
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• pp.33-66
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• 2003

This is a comparative and analytical study which comprises of the analysis of the rules of the buyer's remedies where the seller delivers defective goods of four legal systems; Directive, CISG, English law and Korean law. In light of threefold main purposes of this study, it firstly attempts to describe and analyze the remedy provisions of Directive in a comparative way in order to provide legal advice to the sellers who plans to enter into English consumer markets. It shows that the two tier remedial system under Directive is not much different from the other jurisdictions, except where the right of rescission under Directive is absolute in a sense that it does not require a certain degree of seriousness of defect. Secondly, the study compares the rules of one jurisdiction with those of other jurisdictions and evaluates the rules in light of the discipline of comparative law the basic question of which is whether a solution from one jurisdiction may facilitate the systematic development and reform of another jurisdiction. It proves the followings; (1) the reluctance and uncertainty in English law of ordering specific performance based on the discretionary power does not reflect the parties' preference because the order is either uncertain or rather negative where the purchase of substitute goods elsewhere is not a satisfactory solution in many cases; (2) the position in Korean law which has no limitation on the right to require substitute goods is likely unfair in commercial sales, but justified in consumer sales; (3) the right of termination or reduction under Directive which is subject to the applicability of the right to require repair or substitute goods seems to be contrary to the consumer's preference where the defective delivery destroys the basis of trust in the quality of the seller's performance; (4) the absolute right of termination under Directive and English law seems crucial in consumer sales because they are often inferior to commercial sellers in terms of information and bargaining power; (5) the right of reduction as a self-help remedy which is absent in English law emphasizes its usefulness. Thirdly, it finds that, where CISG is deemed to fail to unify different rules on the right to require specific performance between Civil and Common law, it is attempted once again in Directive and notwithstanding their hostility to awarding the right to require specific performance in English law, Regulations 2002 expressively stipulates such right.

• Journal of Environmental Policy
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• v.12 no.1
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• pp.75-100
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• 2013

Health damages such as pneumoconiosis and kidney damage, caused by environmental hazardous factors are being reported in health impact assessment conducted on environmentally vulnerable areas, including cement factories and refineries. Current legal system for relieving the environmental victims is not effective enough because the environmental health act does not specify the environmental hazardous factors to be considered for the relief. The aim of this study is to examine the problems of the existing system by making empirical analysis on health damages and afflicted people as well as on cases when afflicted people were able to be covered by remedy system. The results show that, insufficiencies of the relief system are due to the following reasons: First, current Environmental Health Act does not act well as a remedy system. Second, due to its unique nature of environmental health damage, it is hard to identify and prove the cause of health damage and unlawful actions of violators in the process of environmental dispute conciliation and lawsuits against polluters. This paper suggests following solutions on above mentioned problems. First, in defining the range and definition of environmental diseases, negative system should be used alongside with the current positive system. Second, we suggest adding the nature of public law to relief system, in order to ease the legal burden of proof. Third, in case when it is hard to identify the polluters and one cannot expect reliefs for their damage, it is possible to elevate the effectiveness of the relief measure by expanding scope of the search for possible environmental hazardous factors that caused the health damage. It is urgent to improve the relief system so as to secure the environmental rights of Koreans.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.30 no.3D
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• pp.205-213
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• 2010

The unsignalized intersections in a community road in the city of Seoul have 3,753 traffic accidents(9%) of total 41,702 cases in 2008, not high in the occurrence rate of traffic accidents, but seem to have a quite high potential of accidents due to the unreasonable and insufficient operation of systems and facilities in the part of traffic foundations. In particular, the un-signalized intersections in a community road have an insufficient measure for safety as compared to the crossroads with signals, and there are few analysis of traffic accidents and domestic researches on the model of affecting factors. Our country also has no concept of passing priority in operating a crossroad without signals, differently from foreign countries, so the researches and safety measures for improving the safety of a crossroad without signals in a community road are urgent. Therefore, this research has developed a safety model for a crossroad without signals in a community road based on the safety image data collected through individual interviews and questionnaires for the users of unsignalized intersections in a community road, and confirmed that legal systems, road facilities, personal factors, etc. have the biggest effect on the safety of drivers. It was confirmed that the clarity of passing methods, establishment of legal systems, etc. have the biggest effect on safety in order to raise the safety of unsignalized intersections in a community road, which drivers desire.

• Journal of Industrial Convergence
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• v.22 no.5
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• pp.11-21
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• 2024

In the steel industry, there is a perception that "collusion has become a long-standing practice" and it is expected that the authorities' legal response to collusion will be strengthened in the future. This necessarily requires improving the accuracy of the legal response, the most important of which is to accurately identify whether the allegedly colluding firms actually did collude. This study focuses on the recent iron scrap price-fixing case and examines whether a single accused firm actually engaged in price-fixing in a situation where there is a mix of firms that acted independently of the collusion and firms that actually engaged in price-fixing. The results of the analysis allow us to infer that the accused steelmaker did not actually collude, which is consistent with the authorities' final judgment against the steelmaker. In the real world, some collusions are carried out by only a subset of firms in a market, and in these cases, there are often disputed firms as to whether or not they carried out the collusion. This study can serve as an analytic guide for industries, including the steel industry, to verify the behavior of individual firms, especially those whose collusive practices are disputed.

• Journal of the Korean Society of Marine Environment & Safety
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• v.29 no.2
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• pp.127-138
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• 2023

A variety of decarbonized energy sources are being developed globally to realize carbon neutrality (Net Zero) by 2050 as a measure to address the global climate crisis. As the Korean government has also established a Renewable Energy 3020 policy and promoted energy development plans using solar or wind power, large-scale offshore development projects not present before in coastal waters, such as offshore wind farms, are being promoted. From ships' point of view, offshore facilities present obstacles to safe navigation, and with the installation of marine facilities, ship collisions or contact accidents between ships and marine facilities may occur in the narrowed water areas. In addition, there are concerns about environmental pollution and human casualties caused by marine accidents. Accordingly, we review overseas and domestic offshore wind farm development plans, analyze whether institutional devices are in place to ensure the safe passage of ships in wind farm areas, and study the safe operation of large-scale offshore wind farms and safe passage of ships along the Korean coast by comparing overseas legislative cases with domestic laws and presenting a proposal to illuminate the legal blind sectors.