• Journal of the Korea Society of Computer and Information
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• v.13 no.1
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• pp.253-260
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• 2008

This paper is based on the ubiquitous network of telematics technology, equipped with a black box to the car by a unique address given to IPv6. The driver's black box at startup and operation of certification, and the car's driving record handling video signals in real-time sensor signals handling to analyze the records. Through the recorded data is encrypted transmission, and the Ubiquitous network of base stations, roadside sensors through seamless mobility and location tracking data to be generated. This is a file of Transportation Traffic Operations Center as a unique address IPv6 records stored in the database. The car is equipped with a black box used on the road go to Criminal cases, the code automotive black boxes recovered from the addresses and IPv6, traffic records stored in a database to compare the data integrity verification and authentication via secure. This material liability in the courtroom and the judge Forensic data are evidence of the recognition as a highly secure. convenient and knowledge in the information society will contribute to human life.

• International Journal of Computer Science & Network Security
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• v.22 no.10
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• pp.400-405
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• 2022

Legislative approaches to regulating the digital sex industry are increasingly being debated at the international and national levels. There is a trend showing an increased interest in the decriminalization of sex work. At the same time, in many countries, activities related to digital prostitution remain criminalized. In this regard, it is important to analyze the international legal experience of the criminalization and decriminalization of digital prostitution, as well as to pay attention to the key problematic issues that arise during the criminalization and decriminalization of such an issue. The object of the study is the international experience of criminalization and decriminalization of digital prostitution. The subject of the study is social relations that arise, change, and cease during the criminalization and decriminalization of digital prostitution. The research methodology consists of such methods as philosophical, logical, special-legal, system analysis methods, and formal-dogmatic methods. Research results. As a result of the study of the international legal experience of criminalization and decriminalization of digital prostitution, it was concluded that the criminalization and/or decriminalization of digital prostitution is treated differently in different countries. Workers in this industry advocate decriminalization, not legalization, because decriminalization puts power directly in the hands of sex workers and creates no legal barriers. Countries that have decriminalized digital prostitution believe that sex work is real work and should be treated respectfully, and banning resources such as OnlyFans is not in favor of such workers. Regarding positions on the criminalization of prostitution, countries use different models of such criminalization, including the model of legalization of digital prostitution, which, on the one hand, allows prostitution, but establishes criminal liability for deviations from the rules established by the state.

• Journal of Korea Technology Innovation Society
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• v.21 no.1
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• pp.151-200
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• 2018

At the Davos Forum in 2016, the Fourth Industrial Revolution, a reference to cloud Schwab, is dramatically changing our lives, and at its height, self-driving cars are emerging as the talk of the day. But there are still many hurdles to overcome before the nation can successfully introduce and establish self-driving cars. In particular, it is necessary to change the paradigm of the legal system centered on human beings to one that includes artificial intelligence. The stable operation of the self-driving car era requires drastic changes to the people-centric legislation system. That is, it is necessary to collect information on the total number of drivers of self-driving cars (what is available), general vehicles on general roads, civil and criminal liability issues in the event of traffic accidents, and collection of insurance problems concerning autonomous driving vehicles. In this study, a separate bill was proposed to address the various legal issues arising from the operation of self-driving cars from a legislative perspective by considering the domestic laws related to road transport, the current state of legislation on foreign soil and legal issues related to self-driving cars.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.33-67
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• 2020

The hospitals that are owned by non-medical personnel result when non-medical personnel with resources conspire with newly graduated medical doctors who cannot afford the enormous amount of capital required at the beginning of the establishment of a medical institution. Such hospitals, though they may have met the external requirements as medical institutions, disrupt the medical market as it should be centered by medical personnels, In addition, such hospitals are causing a huge social problem as it is illegally receiving and reducing various benefits such as medical care benefits and subsidies from the government, resulting in a significant financial leak in the national health insurance. The illegality of the opening of a non-medical personnel hospital is so high that it nullifies the contractual arrangement for the establishment, imposes criminal penalties on all persons involved in the establishment under the Korean Medical Law, and imposes administrative sanctions on medical personnel. In case the hospital was aware of the illegality of its opening, but had applied to receive medical care benefits from the National Health Insurance Act and the Medical Care Act, such actions will result in the return of the benefits under the National Health Insurance Act and the Medical Care Assistance Act, subject to the penalty for the crime of fraud, and aggravated punishment for specific economic crimes based on the amount of gain, as well as civil liability for torts. In this study, we will examine the current status of the regulations on the non-medical personnel hospital and present the basis for future legislative directions by looking at the legal regulations and the attitude of the precedents.

• Journal of Legislation Research
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• no.54
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• pp.261-301
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• 2018

In South Korea, the number of households that rear companion animal has been gradually increasing. With the rise of household dogs, the frequency of humans that are being bitten by another's dog has also increased. This type of accident, which is known as a dog bite accident throughout the United States. It can cause significant physical and emotional damage to the victims and may result in grave injuries or death. Dog bite accidents are serious public health problems and can cause immeasurable hidden costs to the community. South Korea has enacted several laws to address dog bite accidents, which include the Animal Protection Act, the Civil Act, and the Criminal Act. On March 20, 2018, the Animal Protection Act was amended to reinforce the current legislation. These amendments addressed the duty of care owed by a companion dog owner to society members and the punishment that an owner of a fierce dog would face in the event of a dog bite accident. Conversely, several states in the United States have enacted a single law that regulates the details regarding dog bite accidents, such as the type of dog or animal, the type of damage, the scope of compensation for damages, and the scope of recognition of liabilities. This paper is intended to review the present situation of dog bite legislation in several states in the United States, which have a variety of laws that address dog bite accidents, and compare them with current South Korean dog bite legislation. Through this research, this paper will discuss what issues may exist in South Korean's current dog bite laws, analyze the responsibility of companion dog owners, and provide solutions to any issues that are discovered.

• Journal of the Korean Society of Marine Environment & Safety
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• v.30 no.1
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• pp.58-64
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• 2024

Approximately 250 marine oil spill accidents have occurred in Korea, with profound impact on local communities and the environment. The restoration process necessitates significant resources and costs to return affected areas to their pre-accident state. In accordance with the polluter pays principle, compensation is demanded from polluter, as stipulated in both international conventions and national laws. Consequently, investigations are conducted to determine civil and criminal liability. As the importance of investigation actors in oil spill accidents increases, standards such as CEN 15522-2 and ASTM D 3248 are employed to determine the similarity between the spilled oil and the oil of the suspected ship. Among these standards, CEN 15522-2, the most actively used European standard, underwent its third revision and is now known as EN 15522-2, as of 2023. This study used EN 15522-2 to analyze samples from marine oil spill accidents that occurred in Korea. The results indicated that, considering the characteristics of domestic spills where light fuel oil spills account for more than 40%, the application of EN 15522-2, which includes low-boiling point substances such as Adamantanes, was confirmed to be highly effective.

• The Korean Journal of Air & Space Law and Policy
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• v.22 no.1
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• pp.9-27
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• 2007

The purpose of this paper is to study about the legal system of the Inter-governmental Agreement on the International Space Station('IGA') which was signed on Jan 29,1998. This paper is divided into three main parts ; 1) a review of ISS, 2) the principal rules of IGA, 3) the legal system of IGA. First, the paper draws an outline of ISS by dealing with (1) the definition, characteristics, and functions of ISS, (2) the composition of ISS. Second, the paper explains the principal rules of IGA which include (1) the rule of 'Partnership' and (2) the rule of 'Peaceful Purpose'. Third, the legal system of IGA is studied by looking at five different aspects: (1) the registration system, (2) a general jurisdiction, criminal jurisdiction and a control of jurisdiction, (3) intellectual property rights and other rights beside intellectual property, (4) cross-waiver of liability and several elements in compensation of damages, (5) the dispute resolution. IGA contains new contents and applications of legal system which was not included in the former space law. Therefore IGA will work as a model law for international cooperation of space development. It is important for us to study the matter of ISS, because disputes on the ISS are left solely to contracting parties although IGA will regulate overall situations. The renewed IGA is even more important because all the space development is expected to take place on an international cooperation basis. On the basis of this paper, all the important parts of IGA is expected to be further studied so that the research can contribute to the establishment of the legal system of space development in Korea.

• The Korean Journal of Air & Space Law and Policy
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• no.spc
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• pp.17-34
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• 2007

The purpose of this paper is to study about the legal system of the Inter-governmental Agreement on the International Space Station('IGA') which was signed on Jan 29,1998. This paper is divided into three main parts ; 1) a review of ISS, 2) the principal rules of IGA, 3) the legal system of IGA. First, the paper draws an outline of ISS by dealing with (1) the definition, characteristics, and functions of ISS, (2) the composition of ISS. Second, the paper explains the principal rules of IGA which include (1) the rule of 'Partnership' and (2) the rule of 'Peaceful Purpose'. Third, the legal system of IGA is studied by looking at five different aspects: (1) the registration system, (2) a general jurisdiction, criminal jurisdiction and a control of jurisdiction, (3) intellectual property rights and other rights beside intellectual property, (4) cross-waiver of liability and several elements in compensation of damages, (5) the dispute resolution. IGA contains new contents and applications of legal system which was not included in the former space law. Therefore IGA will work as a model law for international cooperation of space development. It is important for us to study the matter of ISS, because disputes on the ISS are left solely to contracting parties although IGA will regulate overall situations. The renewed IGA is even more important because all the space development is expected to take place on an international cooperation basis. On the basis of this paper, all the important parts of IGA is expected to be further studied so that the research can contribute to the establishment of the legal system of space development in Korea.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.159-203
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• 2010

Together with the development of space science outer space law has become one of the most rapidly developing branches of international law. This reflects a general realization that these new activities must be subject to reasonable legal regulation if they are to serve the peaceful purposes of mankind without undue confusion and disorder. The exploration and use of outer space introduces many novel opportunities and dilemmas, and inspired insights are needed in the development of this new resource. In particular, the settlement of space law disputes is a relatively new discussion in international law. However, the significance of the settlement of space law disputes was acknowledged in various colloquia organized by legal academicians and practitioners around the world. Analysis of the dispute settlement provisions in space agreements plainly reveals the degree to which States persist to be mistrustful of any impingement to their sovereignty. They are reluctant to submit disputes to adjudication and binding arbitration, particularly when these provisions are negotiated between States which have dissimilar political, economic and social interests and demography. However, there is a slow but clear shift in this attitude as States realize the contemporary political, economic and technical pressures necessitating the lifting of the veil of State sovereignty. The development of an effective mechanism for the settlement of disputes arising in relation to the development of the exploration and exploitation of outer space has been the subject of global study by highly qualified publicists and international institutions. The 1972 Liability Convention is the space treaty with the most elaborate provisions for dispute settlement. However, it fails to ensure binding decisions. In this point, the 1998 Taipei Final Draft Convention may be a useful instrument for further consideration on whether an independent sectorialized dispute settlement mechanism should be established. Considering these circumstances it seemed essential to take legislative action to implement a system as comprehensive as the relevant legal framework are in the Law of the Sea and International Criminal Law mechanisms for dispute settlement and conflict avoidance from outer space activities.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.139-161
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• 2009

The idea of establishing an International Court of Air and Space Law (hereinafter referred to ICASL) is only my academic and practical opinion as first proposal in the global community. The establishment of the International Court of Air and Space Law can promote the speed and promote fairness of the trial in air and space law cases. The creation of an ICASL would lead to strengthening of the international cooperation deemed essential by the global community towards joint settlement in the transnational air and space cases, claims and would act as a catalyst for the efforts and solution on aircraft, satellite and space shuttle's accidents and cases and all manpower, information, trial and lawsuit to be centrally managed in an independent fashion to the benefit of global community. The aircraft, satellite and spacecraft's accidents attributes to the particular and different features between the road, railway and maritime's accidents. These aircraft, satellite and spacecraft's accidents have incurred many disputes between the victims and the air and space carriers in deciding on the limited or unlimited liability for compensation and the appraisal of damages caused by the aircraft's accidents, terror attack, satellite, space shuttle's accidents and space debris. This International Court of Air and Space Law could hear any claim growing out of both international air and space crash accidents and transnational accidents in which plaintiffs and defendants are from different nations. This alternative would eliminate the lack of uniformity of decisions under the air and space conventions, protocols and agreements. In addition, national courts would no longer have to apply their own choice of law analysis in choosing the applicable liability limits or un-limit for cases that do not fall under the air and space system. Thus, creation of an International Court of Air and Space Law would eliminate any disparity of damage awards among similarly situated passengers and shippers in nonmembers of air and space conventions, protocols, agreements and cases. Furthermore, I would like to explain the main items of the abovementioned Draft for the Convention or Statute of the International Court of Air and Space Law framed in comparison with the Statute of the International Court of Justice, the Statue of the International Tribunal for the Law of the Sea and the Statute of the International Criminal Court. First of all, in order to create the International Court of Air and Space Law, it is necessary for us to legislate a Draft for the Convention on the Establishment of the International Court of Air and Space Law. This Draft for the Convention must include the elected method of judges, term, duty and competence of judge, chambers, jurisdiction, hearing and judgment of the ICASL. The members of the Court shall be elected by the General Assembly and Council of the ICAO and by the General Assembly and Legal Committee of the UNCOPUOS from a list of persons nominated by the national groups in the six continent (the North American, South American, African, Oceania and Asian Continent) and two international organization such as ICAO and UNCOPUOS. The members of the Court shall be elected for nine years and may be re-elected as one time. However, I would like to propose a creation an International Court of Air and Space Law in extending jurisdiction to the International Court of Justice at the Hague to in order to decide the air and space convention‘s cases. My personal opinion is that if an International Court on Air and Space Law will be created in future, it will be settled quickly and reasonably the difficulty and complicated disputes, cases or lawsuit between the wrongdoer and victims and the injured person caused by aircraft, satellite, spacecraft's accidents or hijacker and terrorists etc. on account of deciding the standard of judgment by judges of that’s court. It is indeed a great necessary and desirable for us to make a new Draft for the Convention on a creation of the International Court of Air and Space Law to handle international air and space crash litigation. I shall propose to make a new brief Draft for the Convention on the Creation of an International Court of Air and Space Law in the near future.