• Title/Summary/Keyword: Data Protection Act

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Comparative Analysis of Flame Retardant Performance of Japanese Cypress Plywood Based on the Main Ingredients of Fire Retardant Paint (도료의 주성분에 따른 편백 합판의 방염성능 비교 분석)

  • Soo-Hee Lim;Ha-Sung Kong
    • Journal of the Korea Safety Management & Science
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    • v.25 no.1
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    • pp.61-66
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    • 2023
  • The purpose of this study is to compare and analyze the flame retardant performance of Japanese cypress(Chamaecyparis obtusa) plywood, commonly used in indoor decoration, furniture, and tableware, by treating it with three different fire retardants with different primary ingredients. The experiment was conducted in compliance with Article 31, Paragraph 2 of the Enforcement Decree of the Fire Facilities Installation and Management Act and Articles 4 and 7-2 of the Flame Retardant Performance Standards. After flame time, after glow time, char length, and char area were measured. As a result, first, after flame time was measured at 0 seconds regardless of whether the flame retardant treatment was applied. Second, after glow time was relatively long, measuring 22.7 seconds without treatment, which is likely due to the weak fire resistance and high concentration of carbon monoxide generated by the chemical characteristics of the Japanese cypress itself. Third, it was confirmed that the effects of the primary ingredient, phosphorus, in the flame retardant treatment varied depending on the technological development of the manufacturers of the same species of Japanese cypress plywood. In the future, it is expected that the results of this study will provide fundamental data to select flame retardant treatments that show high flame retardant performance according to the botanical characteristics of the wood.

A Study on the Medical Application and Personal Information Protection of Generative AI (생성형 AI의 의료적 활용과 개인정보보호)

  • Lee, Sookyoung
    • The Korean Society of Law and Medicine
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    • v.24 no.4
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    • pp.67-101
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    • 2023
  • The utilization of generative AI in the medical field is also being rapidly researched. Access to vast data sets reduces the time and energy spent in selecting information. However, as the effort put into content creation decreases, there is a greater likelihood of associated issues arising. For example, with generative AI, users must discern the accuracy of results themselves, as these AIs learn from data within a set period and generate outcomes. While the answers may appear plausible, their sources are often unclear, making it challenging to determine their veracity. Additionally, the possibility of presenting results from a biased or distorted perspective cannot be discounted at present on ethical grounds. Despite these concerns, the field of generative AI is continually advancing, with an increasing number of users leveraging it in various sectors, including biomedical and life sciences. This raises important legal considerations regarding who bears responsibility and to what extent for any damages caused by these high-performance AI algorithms. A general overview of issues with generative AI includes those discussed above, but another perspective arises from its fundamental nature as a large-scale language model ('LLM') AI. There is a civil law concern regarding "the memorization of training data within artificial neural networks and its subsequent reproduction". Medical data, by nature, often reflects personal characteristics of patients, potentially leading to issues such as the regeneration of personal information. The extensive application of generative AI in scenarios beyond traditional AI brings forth the possibility of legal challenges that cannot be ignored. Upon examining the technical characteristics of generative AI and focusing on legal issues, especially concerning the protection of personal information, it's evident that current laws regarding personal information protection, particularly in the context of health and medical data utilization, are inadequate. These laws provide processes for anonymizing and de-identification, specific personal information but fall short when generative AI is applied as software in medical devices. To address the functionalities of generative AI in clinical software, a reevaluation and adjustment of existing laws for the protection of personal information are imperative.

A Comparative Study on Marine Transport Contract and Marine Insurance Contract with Reference to Unseaworthiness

  • Pak, Jee-Moon
    • Journal of Korea Trade
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    • v.25 no.2
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    • pp.152-177
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    • 2021
  • Purpose - This study analyses the excepted requirement and burden of proof of the carrier due to unseaworthiness through comparison between the marine transport contract and marine insurance contract. Design/methodology - This study uses the legal analytical normative approach. The juridical approach involves reviewing and examining theories, concepts, legal doctrines and legislation that are related to the problems. In this study a literature analysis using academic literature and internet data is conducted. Findings - The burden of proof in case of seaworthiness should be based on presumed fault, not proved fault. The burden of proving unseaworthiness/seaworthiness should shift to the carrier, and should be exercised before seeking the protections of the law or carriage contract. In other words, the insurer cannot escape coverage for unfitness of a vessel which arises while the vessel is at sea, which the assured could not have prevented in the exercise of due diligence. The insurer bears the burden of proving unseaworthiness. The warranty of seaworthiness is implied in hull, but not protection and indemnity policies. The 2015 Act repeals ss. 33(3) and 34 of MIA 1906. Otherwise the provisions of the MIA 1906 remain in force, including the definition of a promissory warranty and the recognition of implied warranties. There is less clarity about the position when the source of the loss occurs before the breach of warranty but the actual loss is suffered after the breach. Nonetheless, by s.10(2) of the 2015 Act the insurer appears not to be liable for any loss occurring after the breach of warranty and before there has been a remedy. Originality/value - When unseaworthiness is identified after the sailing of the vessel, mere acceptance of the ship does not mean the party waives any claims for damages or the right to terminate the contract, provided that failure to comply with the contractual obligations is of critical importance. The burden of proof with regards to loss of damage to a cargo caused by unseaworthiness is regulated by the applicable law. For instance, under the common law, if the cargo claimant alleges that the loss or damage has been caused by unseaworthiness, then he has the burden of proof to establish the followings: (i) that the vessel was unseaworthy at the beginning of the voyage; and that, (ii) that the loss or damage has been caused by such unseaworthiness. In other words, if the warranty of seaworthiness at the inception of the voyage is breached, the breach voids the policy if the ship owner had prior knowledge of the unseaworthy condition. By contrast, knowingly permitting the vessel to break ground in an unseaworthy condition denies liability only for loss or damage proximately caused by the unseaworthiness. Such a breach does not, therefore, void the entire policy, but only serves to exonerate the insurer for loss or damage proximately caused by the unseaworthy condition.

A Study on Vehicle License Plate Recognition System through Fake License Plate Generator in YOLOv5 (YOLOv5에서 가상 번호판 생성을 통한 차량 번호판 인식 시스템에 관한 연구)

  • Ha, Sang-Hyun;Jeong, Seok Chan;Jeon, Young-Joon;Jang, Mun-Seok
    • Journal of the Korean Society of Industry Convergence
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    • v.24 no.6_2
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    • pp.699-706
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    • 2021
  • Existing license plate recognition system is used as an optical character recognition method, but a method of using deep learning has been proposed in recent studies because it has problems with image quality and Korean misrecognition. This requires a lot of data collection, but the collection of license plates is not easy to collect due to the problem of the Personal Information Protection Act, and labeling work to designate the location of individual license plates is required, but it also requires a lot of time. Therefore, in this paper, to solve this problem, five types of license plates were created using a virtual Korean license plate generation program according to the notice of the Ministry of Land, Infrastructure and Transport. And the generated license plate is synthesized in the license plate part of collectable vehicle images to construct 10,147 learning data to be used in deep learning. The learning data classifies license plates, Korean, and numbers into individual classes and learn using YOLOv5. Since the proposed method recognizes letters and numbers individually, if the font does not change, it can be recognized even if the license plate standard changes or the number of characters increases. As a result of the experiment, an accuracy of 96.82% was obtained, and it can be applied not only to the learned license plate but also to new types of license plates such as new license plates and eco-friendly license plates.

A Study on Legal Issues of Data Portability and the Direction of Legislative Policy (개인정보 이동권의 법적 이슈와 입법 정책 방향)

  • Yi, Chang-Beom
    • Informatization Policy
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    • v.28 no.4
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    • pp.54-75
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    • 2021
  • The right to data portability needs to be introduced to strengthen the self-control of data subjects and promote personal data use. However, the right to data portability constitutes a high risk of invasion of privacy of data subjects and may infringe on the property rights of data controllers, so careful and thorough design is warranted. The right to data portability can intensify the concentration and monopoly of personal data, result in problems of overseas transfer of personal data held by public institutions, and enrich only the profits of giant platforms by burdening the data subject with high transfer cost. By contrast, SMEs are more likely to endure a personal data deprivation. From the proposed amendment to the Personal Data Protection Act are raised various legal issues such as. i) Whether to include inferred/derived data, personal data held by public institutions, activity data, sensitive data, and personal data of third parties within the scope of data portability; ii) whether SMEs are included in the data porting organization; iii) whether to exclude SMEs or large platforms from the scope of the data receiving organization; iv) Whether to allow the right to transmit to other data controllers, v) Whether to allow the overseas transfer of personal data held by public institutions, vi) How to safely exercise the right to data portability, vii) the scope of responsibility and immunity of a data porting organization, etc. The purpose of this paper is to propose the direction for legislative action based on various legal issues related to data portability.

A Study on the Improvement of the Legal System for the Promotion of Opening and Utilization of Open Government Data - Focusing on cases of refusal to provide - (공공데이터의 개방·활용 촉진을 위한 법제도 개선방안 연구 - 공공데이터 제공거부 사례를 중심으로 -)

  • Kim Eun-Seon
    • Informatization Policy
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    • v.30 no.2
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    • pp.46-67
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    • 2023
  • There are criticisms that, despite the proactive government policy on open government data (hereinafter "open data"), certain highly demanded data remains restricted due to legal constraints. In this study, we aim to analyze the factors that limit the opening and utilization of open data, focusing on cases wherein requests for open data provision have been denied. We will explore possible approaches that are in harmony with the Open Data Law while examining the constitutional value of open data, considering the foundational Open Data Charter that underpins the government's data policy. We will also examine cases wherein requests for data provision have been denied for institutional reasons, with nearly half of these cases involving open data that includes personal information. It is necessary to explore the potential for improvement in these cases. Furthermore, considering the recent amendment to the Personal Information Protection Act, which allows for the processing of pseudonymous information without the consent of the data subject for limited purposes, it is an opportune time to consider the need for amending the Open Data Law to facilitate broader access and utilization of open data for the nation. Lastly, we will propose institutional improvement directions aligned with the opening and utilization of open data by examining the constraints of and need for improvement in the selected target laws.

Legal Issues on the Collection and Utilization of Infectious Disease Data in the Infectious Disease Crisis (감염병 위기 상황에서 감염병 데이터의 수집 및 활용에 관한 법적 쟁점 -미국 감염병 데이터 수집 및 활용 절차를 참조 사례로 하여-)

  • Kim, Jae Sun
    • The Korean Society of Law and Medicine
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    • v.23 no.4
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    • pp.29-74
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    • 2022
  • As social disasters occur under the Disaster Management Act, which can damage the people's "life, body, and property" due to the rapid spread and spread of unexpected COVID-19 infectious diseases in 2020, information collected through inspection and reporting of infectious disease pathogens (Article 11), epidemiological investigation (Article 18), epidemiological investigation for vaccination (Article 29), artificial technology, and prevention policy Decision), (3) It was used as an important basis for decision-making in the context of an infectious disease crisis, such as promoting vaccination and understanding the current status of damage. In addition, medical policy decisions using infectious disease data contribute to quarantine policy decisions, information provision, drug development, and research technology development, and interest in the legal scope and limitations of using infectious disease data has increased worldwide. The use of infectious disease data can be classified for the purpose of spreading and blocking infectious diseases, prevention, management, and treatment of infectious diseases, and the use of information will be more widely made in the context of an infectious disease crisis. In particular, as the serious stage of the Disaster Management Act continues, the processing of personal identification information and sensitive information becomes an important issue. Information on "medical records, vaccination drugs, vaccination, underlying diseases, health rankings, long-term care recognition grades, pregnancy, etc." needs to be interpreted. In the case of "prevention, management, and treatment of infectious diseases", it is difficult to clearly define the concept of medical practicesThe types of actions are judged based on "legislative purposes, academic principles, expertise, and social norms," but the balance of legal interests should be based on the need for data use in quarantine policies and urgent judgment in public health crises. Specifically, the speed and degree of transmission of infectious diseases in a crisis, whether the purpose can be achieved without processing sensitive information, whether it unfairly violates the interests of third parties or information subjects, and the effectiveness of introducing quarantine policies through processing sensitive information can be used as major evaluation factors. On the other hand, the collection, provision, and use of infectious disease data for research purposes will be used through pseudonym processing under the Personal Information Protection Act, consent under the Bioethics Act and deliberation by the Institutional Bioethics Committee, and data provision deliberation committee. Therefore, the use of research purposes is recognized as long as procedural validity is secured as it is reviewed by the pseudonym processing and data review committee, the consent of the information subject, and the institutional bioethics review committee. However, the burden on research managers should be reduced by clarifying the pseudonymization or anonymization procedures, the introduction or consent procedures of the comprehensive consent system and the opt-out system should be clearly prepared, and the procedure for re-identifying or securing security that may arise from technological development should be clearly defined.

A Study on the Effect of Location-based Service Users' Perceived Value and Risk on their Intention for Security Enhancement and Continuous Use: With an Emphasis on Perceived Benefits and Risks (위치기반서비스 사용자의 지각된 가치와 위험이 보안강화의도와 지속이용의도에 미치는 영향에 관한 연구: 지각된 혜택과 위험을 중심으로)

  • Park, Kyung Ah;Lee, Dae Yong;Koo, Chulmo
    • Asia pacific journal of information systems
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    • v.24 no.3
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    • pp.299-323
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    • 2014
  • The reason location based service is drawing attention recently is because smart phones are being supplied increasingly. Smart phone, basically equipped with GPS that can identify location information, has the advantage that it can provide contents and services suitable for the user by identifying user location accurately. Offering such diverse advantages, location based services are increasingly used. In addition, for use of location based services, release of user's personal information and location data is essentially required. Regarding personal information and location data, in addition to IT companies, general companies also are conducting various profitable businesses and sales activities based on personal information, and in particular, personal location data, comprehending high value of use among personal information, are drawing high attentions. Increase in demand of personal information is raising the risk of personal information infringement, and infringements of personal location data also are increasing in frequency and degree. Therefore, infringements of personal information should be minimized through user's action and efforts to reinforce security along with Act on the Protection of Personal Information and Act on the Protection of Location Information. This study aimed to improve the importance of personal information privacy by empirically analyzing the effect of perceived values on the intention to strengthen location information security and continuously use location information for users who received location-based services (LBS) in mobile environments with the privacy calculation model of benefits and risks as a theoretical background. This study regarded situation-based provision, the benefit which users perceived while using location-based services, and the risk related to personal location information, a risk which occurs while using services, as independent variables and investigated the perceived values of the two variables. It also examined whether there were efforts to reduce risks related to personal location information according to the values of location- based services, which consumers perceived through the intention to strengthen security. Furthermore, it presented a study model which intended to investigate the effect of perceived values and intention of strengthening security on the continuous use of location-based services. A survey was conducted for three hundred ten users who had received location-based services via their smartphones to verify study hypotheses. Three hundred four questionnaires except problematic ones were collected. The hypotheses were verified, using a statistical method and a logical basis was presented. An empirical analysis was made on the data collected through the survey with SPSS 12.0 and SmartPLS 2.0 to verify respondents' demographic characteristics, an exploratory factor analysis and the appropriateness of the study model. As a result, it was shown that the users who had received location-based services were significantly influenced by the perceived value of their benefits, but risk related to location information did not have an effect on consumers' perceived values. Even though users perceived the risk related to personal location information while using services, it was viewed that users' perceived value had nothing to do with the use of location-based services. However, it was shown that users significantly responded to the intention of strengthening security in relation to location information risks and tended to use services continuously, strengthening positive efforts for security when their perceived values were high.

The Details and Outlook of Three Data Acts Amendment in South Korea: With a Focus on the Changes of Domestic Financial and Data Industry (데이터 3법 개정안의 내용과 전망: 국내 금융 및 데이터 산업계의 변화를 중심으로)

  • Kim, Eun-Chan;Kim, Eun-Young;Lee, Hyo-Chan;Yoo, Byung-Joon
    • Informatization Policy
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    • v.28 no.3
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    • pp.49-72
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    • 2021
  • This study analyzes the major content, significances, and future outlook of Three Data Acts amendment enacted in August 2020 in South Korea, with the focus on their impact on the financial and data industries. It seems that the revision of the Credit Information Act will enable the specification of a business which had previously only been regulated as the business of credit inquiry, and also enable the domestic data industry to activate the MyData industry, data trading and platforms, and specify data pseudonymization and trading procedures. For the rational and efficient implementation of the amendments to the Three Data Acts, the Personal Information Protection Committee must be as transparent and lawful in its activities as possible, and fairness must be guaranteed. Even in the utilization of personal information, the development or complementation of the related data processing technologies is essential, and clear data processing methods and areas must be regulated. Furthermore, the amendments must be supported with guarantees and the systematization of a fair competitive system in the data market, stricter regulations on penalties for illegal acts related to data, establishment and strengthening of the related security systems, and reinforcement of the system of cooperation for data transfer.

A Prepaid System Promotion Policy for the 3G MVNO - Carrier Selection, Interconnection, Number Portability, Prepay, Wholesale Provision - (3G MVNO를 통한 선불요금제 활성화 정책 - 선불요금, 상호접속, 사업자선택, 도매제공 및 번호이동 -)

  • Kim, Byung-Woon
    • Informatization Policy
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    • v.18 no.3
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    • pp.88-107
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    • 2011
  • This paper proposes a prepaid system promotion policy for the 3G(WCDMA) MVNO with regard to the newly included paragraphs 3, 4 and 5 of Article 32 (User Protection) and Article 38 (Provision of Wholesale Telecommunications Services) of the Telecommunication Business Act, which was revised on March 22, 2010. As of June 2011, there are only a few prepaid system subscribers to the mobile communications service due to various limitations, including prepay, interconnection, carrier selection, the MVNO policy, and number portability. However, overseas communications service regulatory agencies and service providers are increasingly presenting policies and strategies for mobile prepaid plans, in order to accommodate the various customer demands that are increasing the use of smart phones and data. This paper advances various proposals concerning promotion of the prepaid system by the 3G MVNO under the current Telecommunication Business Act, including separation of the prepaid data system and the mobile network; introduction of a monthly fixed-rate hybrid prepaid system, a top-up system and USIM system; introduction of mobile network carrier selection; differentiated retail discounts between prepaid and post-paid prices; revision of the retail discount policy for wholesale provision; increase in the number of mandatory service providers; and in-depth consideration of the introduction of a number portability policy for the prepaid and post-paid systems.

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