• Title/Summary/Keyword: Freedom of Expression

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Portal's Liability for User Reply to News Article, Provided by the News Media -A Critical Analysis on 2005 GaHap64571 of Seoul Central District Court- (언론사로부터 전재 받은 뉴스기사의 댓글에 대한 포털의 작위의무 -서울중앙지법 2005가합64571 판결에 대한 비판적 고찰-)

  • Kim, Gyong-Ho
    • Korean journal of communication and information
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    • v.42
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    • pp.140-167
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    • 2008
  • This study analyzes the legal reasoning of Seoul Central District Court, which imposed legal liability on portals for posting defamatory user replies to news articles, written and provided by the news media, onto their 'News Windows'. Saddling portals with the burden of verifying the facts associated in news articles and imposing the legal obligation as a publisher entail a grave risk of impairment of free flow of information and freedom of expression. Of course, it would ultimately result in tightening up private censorship of information which the Constitution does not allow, and funker keep portals from posting even news articles in which expressed views and opinions are lawful. When judging whether portals should assume liability fur libelous user replies to news articles, it is necessary to distinguish the territory under the direct authority of portals from cafes and bulletin boards managed by third parties. In addition, imposing legal liability above the level of common carrier should be limited to the cases; when portals arbitrarily change the contents of news articles or when the articles portals changed contain libelous contents. Even if those conditions are met, the altered contents should obviously constitute libel. Only in the presence of proof that portals knew the illegality of news articles and did not take proper steps including deleting those replies, should portals not be considered as an accomplice. Nor should portals take responsibility for users' defamatory replies for those reasons.

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Direction of Laws and Policies for the Regulation of Internet Personal Broadcasting (국내외 인터넷 개인방송 규제현황 및 규제 방향성 제언)

  • Lim, Han Sol;Jung, Chang Won
    • The Journal of the Korea Contents Association
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    • v.20 no.2
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    • pp.248-264
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    • 2020
  • This study aims to analyze the social and legal status of Internet personal broadcasting in Korea and propose the direction of personal broadcasting regulation based on overseas regulatory laws and the media characteristics of Internet broadcasting. The influence of Internet personal broadcasting has increasing, and social and legal problems such as pornography and fake news have also growing. In the absence of legal regulations on personal broadcasting on the Internet, academia is also discussing relevant legislation and policies at a general level of analysis. In addition, the current study argues that new legislative research is needed to respond to the rapidly changing media environment and to cope with the newly introduced Internet broadcasting content and platforms. The findings suggest that freedom of expression is a significant value, yet obscene materials for minors should be thoroughly regulated, and that internet personal broadcasting should be regulated to the minimum extent through self-regulation guidelines through cooperation between councils and related agencies or businesses. The significance of the current study indicates that it proposed the practical and concrete laws for the improvement of the quality of Internet personal broadcasting content, the establishment of new broadcasting policies for fair and diverse content development, and the efficient and fair regulation of personal broadcasting content.

The Right To Be Forgotten and the Right To Delete News Articles A Critical Examination on the Proposed Revision of The Press Arbitration Act (기사 삭제 청구권 신설의 타당성 검토 잊힐 권리를 중심으로)

  • Mun, So Young;Kim, Minjeong
    • Korean journal of communication and information
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    • v.76
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    • pp.151-182
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    • 2016
  • The right to be forgotten (RTBF) has been a population notion to address privacy issues associated with the digitalization of information and the dissemination of such information over the global digital network. In May 2014, the European Court of Justice (ECJ) laid down a landmark RTBF decision to grant individuals the right to be de-listed from search results. ECJ's RTBF decision sparked an increased interest in RTBF in South Korea. Academic and non-academic commentators have provided a mistaken or outstretched interpretation of RTBF in claiming that removal of news articles should be read into RTBF in Korean law. Moreover, the Press Arbitration Commission of Korea (PAC) has proposed revising the Press Arbitration Act (PAA) to allow the alleged victims of news reporting to request the deletion of news stories. This article examines the notion of RTBF from its origin to the latest development abroad and also critically explores Korean laws regulation freedom of expression to evaluate if Korea needs the proposed PAA revision.

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A Study of Users' Perception of YouTube Regulation (유튜브 정보 규제에 대한 이용자들의 인식 연구)

  • Ham, Minjeong;Lee, Sang Woo
    • The Journal of the Korea Contents Association
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    • v.20 no.2
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    • pp.36-50
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    • 2020
  • YouTube as a news channel is gaining popularity because it offers more interesting and in-depth news than traditional news media. However, YouTube has been criticized for its distribution of false information (or fake news) in Korea. Politicians are actively proposing a variety of bills to regulate YouTube's false information and a lot of studies proposed how to regulate YouTube's false information. This study looked at the users' experience and perception of false information and identified factors that affected the regulation of YouTube news. The results showed that the conservatives and the moderate groups were exposed to false information more than the progressives, and those in their 60s believed that false information was distributed on YouTube rather those in their 20s to 50s. The more people value freedom of expression, the more people trust TV Chosun news, the more people tend to oppose the regulation of information on YouTube. On the other hand, it turns out that the more people trust the news on both terrestrial broadcasting networks and JTBC, and the more people value the enlightening aspects on the news, the more they approve of Youtube regulation.

The Debate on Net Neutrality: Evidences, Issues and Implications (망중립성 논의의 쟁점과 함의)

  • Chung, Dong-Hun
    • Informatization Policy
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    • v.25 no.1
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    • pp.3-29
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    • 2018
  • The Federal Communications Commission voted to repeal net neutrality protections on December 14, 2017. This is the very opposite decision of the net neutrality rule that the Obama administration has consistently maintained. The ensuing storm from the repeal of net neutrality protections has an extensively effect enough on individuals and businesses to cover the entire spectrum, and the impact is hard to assess in the U. S. content industry, which dominates the worldwide Internet content and platform market. On the other hand, Korea's net neutrality protections have been firmly pursued, and there is no sign of change even after the decision happened in the U. S. Net neutrality is not a simple theme that is associated with the Constitution, such as freedom of expression, as well as the issue of network enhancement to prepare for 5G. Accordingly, this study examines how the net neutrality has been carried out in the U. S. and Korea over the years, and provides the issues of Internet enhancement, perspectives of ISP and ICP, and implications for the Constitution, market economy, fair competition and zero rating. This research delivers future direction and implications of domestic net neutrality policies.

The Vogue about Outwearization of Underwear in a Tendency to the Century-end (세기말 현상으로 본 속옷의 겉옷화 현상)

  • 이상례
    • Journal of the Korean Society of Costume
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    • v.35
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    • pp.325-341
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    • 1997
  • One of the noticeable trends of female wear in 1990s is the Outwearization of Underwear as it is called 'Lingerie look' This trend meaned 'Exposure Fashion' raised splendidly its head to the whole stage of fashion destrying the tradional concept having divided the fashion between outwear and underwear by Madonna an Americal populer singer showed up in front of the audience wearing the corset-dress as a stage custome. This corset-dress which can not be recognised whether it is underwear or outwear has been diffused into the mass as a fashionable trend re-gardless of any reason; therefore discrimi-nation of wear by space by far that is underwear should have the sstandard telling between private and public sector has been gradually tumbled. By the way what has propelled desigers to introduce the style continuously having the underwear motive such as outwear almost as same as underwear or underwear worn on out-wear etc. and has made it a fashion trends? How do we accept this "Ligerie look'fashion" The rearch on vogue of outwearization of underwear started by the questions above can be summarized as the followings The division between the sprit and the ma-terial-economic shrinkage by the collapse of the bubble economy in the late of 20 century and expectation for the next century doubt by changes of international politics dynamics for the next century and increasement of psycho-logical tention by the environmental destruc-tion etc, has been extended to break the sense of value down These frustration of the tra-ditional values and dissatisfaction on the pres-ent have reflected on the fashion pursuing some more sensational style to increase the ex-posure of the body. The revolution of wearing bouncing the con-servatismhas outwardly expressed underwear of the private sector. Therefore the spatial concept of wear which for the public sec-tor has been fallen into pieces and has broken the wall of the concept fixed by outwear on underwear. in addition the stage costome for the popular people like Madonna has not been limited by the specularity any more and has been assimilated with the normal wear on the street to take the distinction for away. The circumstances of the late of 20 century pursuing sensation and making sex commer-cialized have accordance with the outweari-zation of underwear. there it is on the basis of Minimalist's dogmatism has been expressed the maximization of expoure in the pubric space to popularize bra pants(knickers) as outwear. The reaction on the attribute of hiding and shanding has brought 'See-Through fashion' with the transparent materials, The contemporary doubt recalling the mem-ory of the past has sublimated corset which was an instument of toture for women into Romanticism to introduce it to fashion with the development of a new material not to be a tool of any oppression and maltretment any longer. The popularization of outwear like underwear what's more has brought high quality of underwear. There it has called for the variety of materials such as knit demin and velvet etc, and has urged the famous designers to enlarge their working boundaries to underwear designs, Besides outwearization of underwear has been popular even in the Orient which has the con-servative opinions on exposure ; so changes of the thoughts can be seen among the establish-ment generation on exposure of the body. As the more high tech information publi-cized and the more technology and media digitalized the more expression being analog the pursue for the new in fashion with vision never been seen and even though it is imprac-tical the experimental designers have drived the freedom beyond the traditional roles of the previous century. Consequently outwearization of underwear may be viewd as a trial as an expression responded the contemporary background. This trend in my opinion will have been lasted for a while by being proliperlated among lasted for a while by being proliperlated among the pub-lic who has the century-end anxiety and doubt and expectation for the next century.

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A Study on Needs of 'Strolling (Yu)' at the Fine Arts Education - Focused on Oriental Painting - (미술교육에 있어서 '노닐음(遊)'에 대한 필요성 연구 - 동양화를 중심으로 -)

  • Jeong, Gyeong-Cheol
    • Journal of Science of Art and Design
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    • v.12
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    • pp.97-124
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    • 2007
  • The paper examined whether the fine arts education needed concept of 'Yu' that was suggested by, 'Soyoyu' of Jangja, a representative philosopher of Doka. At first, the paper defined concept of 'Yu' of Jangja as well as background and needs of the fine arts education, and investigated values of 'Yu' of the Oriental painting in aesthetic way to examine whether today's Yu concept can be applied to modern Oriental fine arts education to express. Chapter 2 examined concept and thought of 'strolling (Yu)', and Chapter 3 did background and needs of the fine arts education. Chapter 4 examined an access to practical technique education of the Oriental painting through 'strolling (Yu)': At first, the chapter investigated 'Heosil' of space concept that was researched at Chapter 2, 'Pilmuk' of expression technique, and 'Saeui' of state of spiritual canvas of painters. The findings were as follow: Firstly, when relation between Yu and Oriental paintings was investigated based on formative idea, 'Heo' reminded appreciators of association of ideas, hint and imagination, etc by, 'Sil' that other objects disclosed intrinsic attributes so that it indicated border of positive forgetfulness expressed by artists to have same border between 'Heo' and 'Yu'. Therefore, both 'Heo' and 'Sil' could build up expression as well as appreciation ability by experiencing formative idea to develop creativity and to build emotion and to cognize needs of the fine arts education. Secondly, the artistic state of 'Shin', 'Ki (Simjae)', 'Jeonshin' and, Saeui', etc could be expressed with strength and weakness of both Yin and Yang of Pilmuk. Therefore, the Pilmuk were linked even with creation of both Hyeongsa and artistic form of Saeui. Therefore, freedom at border of spiritual 'strolling' could produce creative power being expressed by thinking, natural appreciation ability, and education that could judge values of aesthetic culture. Therefore, cultivation of aesthetic eye, development of creativity, build up of formative ability and education of human nature, etc could keep identity of the Oriental fine arts education at various modern fine arts.

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Installation Art In Indonesian Contemporary Art; A Quest For Medium and Social Spaces (인도네시아 현대미술에 있어서의 설치미술 - 미디엄과 사회적 공간을 위한 탐색)

  • Kusmara, A. Rikrik
    • The Journal of Art Theory & Practice
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    • no.5
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    • pp.217-229
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    • 2007
  • Many historical research and facet about modern art in Indonesia which formulating background of contemporary Indonesian Art. Indonesian art critic Sanento Yuliman states that Modern art has been rapidly developing in Indonesia since the Indonesian Independence in 1945. Modern Art is a part of the super culture of the Indonesian metropolitan and is closely related to the contact between the Indonesian and Western Cultures. Its birth was part of the nationalism project, when the Indonesian people consists of various ethnics were determined to become a new nation, the Indonesian nation, and they wished for a new culture, and therefore, a new art. The period 1960s, which was the beginning of the creation and development of the painters and the painters associations, was the first stage of the development of modern art in Indonesia. The second stage showed the important role of the higher education institutes for art. These institutes have developed since the 1950s and in the 1970s they were the main education institutes for painters and other artists. The artists awareness of the medium, forms or the organization of shapes were encouraged more intensely and these encouraged the exploring and experimental attitudes. Meanwhile, the information about the world's modern art, particularly Western Art; was widely and rapidly spread. The 1960s and 1970s were marked by the development of various abstractions and abstract art and the great number of explorations in various new media, like the experiment with collage, assemblage, mixed media. The works of the Neo Art Movement-group in the second half of the 1970s and in the 1980s shows environmental art and installations, influenced by the elements of popular art, from the commercial world and mass media, as well as the involvement of art in the social and environmental affairs. The issues about the environment, frequently launched by the intellectuals in the period of economic development starting in the 1970s, echoed among the artists, and they were widened in the social, art and cultural circles. The Indonesian economic development following the important change in the 1970s has caused a change in the life of the middle and upper class society, as has the change in various aspects of a big city, particularly Jakarta. The new genre emerged in 1975 which indicates contemporary art in Indonesia, when a group of young artists organized a movement, which was widely known as the Indonesian New Art Movement. This movement criticized international style, universalism and the long standing debate on an east-west-dichotomy. As far as the actual practice of the arts was concerned the movement criticized the domination of the art of painting and saw this as a sign of stagnation in Indonesian art development. Based on this criticism 'the movement' introduced ready-mades and installations (Jim Supangkat). Takes almost two decades that the New Art Movement activists were establishing Indonesian Installation art genre as contemporary paradigm and influenced the 1980's gene ration like, FX Harsono, Dadang Christanto, Arahmaiani, Tisna Sanjaya, Diyanto, Andarmanik, entering the 1990's decade as "rebellion period" ; reject towards established aesthetic mainstream i.e. painting, sculpture, graphic art which are insufficient to express "new language" and artistic needs especially to mediate social politic and cultural situation. Installation Art which contains open possibilities of creation become a vehicle for aesthetic establishment rejection and social politics stagnant expression in 1990s. Installation art accommodates two major field; first, the rejection of aesthetic establishment has a consequences an artists quest for medium; deconstruction models and cross disciplines into multi and intermedia i.e. performance, music, video etc. Second aspect is artists' social politic intention for changes, both conclude as characteristics of Indonesian Installation Art and establishing the freedom of expression in contemporary Indonesian Art until today.

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Writing and Sijo in new media culture age (새로운 매체문화시대의 글쓰기와 시조)

  • Jung Ki-chul
    • Sijohaknonchong
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    • v.22
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    • pp.27-55
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    • 2005
  • Visual media are taken the highest position in modem society, Modern poems also have been changed into visual poems, This aspect is the result of considering only individual talents ignoring traditions. Now, new Sigo should be concentrated on the mythological and historical voice from true nature and the body of human being, That is. ut should be converted into an ecological world view resolutely and restored a form of expression granted specific characteristics of our language. Advantages the computer media have brought. that is. equality freedom. human rights. harmony. pro-environmental value. can be maximized by positively accepting an ecological world view of Sijo which had included daily lives and spirits of the nation. Moreover. these all changes of new Sijo have to be established and recreated in the traditional expressions of Sijo. Aesthetic value of Sijo should be found in the expression forms such as phonetic harmony, rules of versification, rhythm, and etc. Then, we can overcome modern society's pathological phenomena such as severance, separation, dissolution, estrangement, psychiatric syndrome and etc. which visual media superiority brought. At the same time. it will cure ills of modern poems, Sijo and writing epochally and can establish true happiness and development.

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A Study on the Justification for Disciplinary by the reason for Whistle-blowing (근로자의 내부고발을 이유로 한 징계의 정당성)

  • Choi, Hong-Ki
    • Journal of Legislation Research
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    • no.44
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    • pp.611-653
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    • 2013
  • An whistle-blowing is recognition of acts of misconduct or corruption by individuals(laborers) or party which belongs to a certain organization and it refers to the act of informing to the senior organization or to the outside public agency to avoid jeopardies that could be potentially lead against benefit of the public. These whistle-blowings can be a Ansatz that improve corporation's transparency and accountability by prevention of enterprise's misconduct as well, it has been recognized as an important role for the establishment of corporate ethics, moreover, social justice. What to be treated primarily as labor law problem is arousing some controversies of the possibility that the public announcement could be whether a disciplinary punishment or not because it brings some mischievous effects for the honor and the reputation to the company which conducted the illegal actions and the action of the contrary to the social value. And futhermore, recently, the matter of compensational responsibility according to the arrangement conversion, bullying followed by the informant has been brought up. The fundamental standpoint of precedent related with the judgement of justification for the punishment as reason of the whistle-blowing ought to do the sincere duty for the labor contract which is the employees are supposed to consider the employer's profits. For that reason, if the emploee release the inside fact to the public and give any damages to employer's secret or confidence or honor, it will be a causing reasong of the disciplinary punishment, but in specific cases, the relevant and level of punishment limitation can be judged by the contents of public announcement and the truth, the purpose of the acts and details and the way of announcement. Precisely, on the assumption that there are necessity of the characteristic profit or the freedom of expression for the informant, with overall consideration whether or the basis part of the informant is true or there is a fair reason which make the informant believe is true or the purpose of informant has the public profit or the contents of the whistle-blowing are important for relevant organization or the means and the way was suitable, if the whistle-blowing are approved to be resonable, the organization are not permitted the reprimand or dismiss Futhermore, to find the solution for the issues of the disciplinary punishment and the treatment of all sorts of disadvantages, for the reason of whistle-blowing, since the protection law for public declarer which was enacted in last 2011 have the position as the general law, the purport of the equal law has to be considered sytematically and also the judicial precedent which is related to the justification of whistle-blowing are needed to be considered as well.