• Title/Summary/Keyword: Freedom of information law

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Stochastic control approach to reliability of elasto-plastic structures

  • Au, Siu-Kui
    • Structural Engineering and Mechanics
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    • v.32 no.1
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    • pp.21-36
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    • 2009
  • An importance sampling method is presented for computing the first passage probability of elasto-plastic structures under stochastic excitations. The importance sampling distribution corresponds to shifting the mean of the excitation to an 'adapted' stochastic process whose future is determined based on information only up to the present. A stochastic control approach is adopted for designing the adapted process. The optimal control law is determined by a control potential, which satisfies the Bellman's equation, a nonlinear partial differential equation on the response state-space. Numerical results for a single-degree-of freedom elasto-plastic structure shows that the proposed method leads to significant improvement in variance reduction over importance sampling using design points reported recently.

A Study on Policy Improvement for Ensuring the Effectiveness of Suicide Prevention Law (「자살예방 및 생명존중 문화 조성을 위한 법률」의 실효성 확보를 위한 정책적 개선 방안 - 「개인정보보호법」과의 충돌문제 해결을 중심으로 -)

  • Kwon, Do-Hyun;Park, Jong-Ik;Ah, Yong-Min
    • The Korean Society of Law and Medicine
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    • v.20 no.2
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    • pp.261-285
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    • 2019
  • The essential policy of suicide prevention is to continuously manage and treat suicide attempted people through data base related to suicide retry rate and follow-up study report. In Korea, only few people are allowed to follow-up by the Personal Information Protection Act. As a result, the research participation rate and the service participation rate are rather low, so that the research participants is limited to a part of the suicide attempted people. Therefore, the policy proposals to be improved in the Ministry of Health and Welfare Act were examined comparatively in order to increase the practical utilization of the suicide prevention about Article 14 and Article 20 of the Suicide Prevention Act. As a criterion for policy improvement, measures for non-discrimination of information to be considered in terms of technical and ethical dimensions and non-profit research and medical information for medical purposes were suggested. In addition to the severity of the suicide, the suicide risk was assessed and the criteria for the objective assessment of the follow-up observation were considered in consideration of the severity of the suicide.

The Study of Determinants of Tax Compliance (국가간 조세순응의 결정요인에 관한 연구)

  • Choi, Heon-Seob
    • Management & Information Systems Review
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    • v.28 no.2
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    • pp.21-39
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    • 2009
  • This study examines the international differences in tax compliance and relates these differences to selected determinants of tax morale and Hofstede's Cultural dimensions. The findings of the empirical investigation of data from 38 countries during 5 years(2000-2004) indicate that tax compliance is highest in countries characterized by high economic freedom, high effective competition laws, high government transparency, low shadow Economy, and low power distance. It shows that a powerful deterrent to tax evasion is the creation of a tax morale. Where individuals can exercise their economic rights in terms of economic freedom, important equity market and effective competition laws, in a safe environment that improves their quality of life, they are more prone to view tax compliance as less of a burden and more of a citizenship duty. Our results indicate that policymakers should consider cultural values when designing tax compliance legislation and investigating possible behavior irregularities.

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What Lakoff and Johnson's Metaphoric Conceptualization Can Tell Us About News Stories on the Conflicts Around the Private School Law (레이코프와 존슨의 은유 개념을 통한 프레임 분석: '사학법 개정' 관련 갈등 보도를 중심으로)

  • Lee, Byeong-Ju;Park, Kwan-Young;Lee, In-Hee
    • Korean journal of communication and information
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    • v.39
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    • pp.385-427
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    • 2007
  • This study examined the primary tones of news stories and the overall frames which are structuralized by the primary tones in the news reporting of the Private School Law and social conflicts occurring around the law. For this purpose, the study applied Lakoff and Johnson's metaphoric conceptualization to the analysis of the news stories reported in the Chosun Ilbo, the Hankyoreh, and the Kookmin Ilbo, which are considered to represent the audience of the conservative, progressive, and religious forces, respectively. The main goal of this study includes to describe in which manner the newspapers attempt to depict the frames of major social conflicts regarding the Private School Law. The results show that (1) the Chosun Ilbo and the Kookmin Ilbo attempt to structuralize the social conflicts by providing frames of 'freedom is an asset' and a 'war' metaphors; (2) the Kookmin Ilbo applied more frames of a religious metaphor among others; and (3) the Hankyoreh attempts to structuralize the social conflicts by offering frames of 'the front is good, but the rear is bad' and 'war' metaphors, which proves to be the opposite in presenting the overall framing.

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Massive Surveillance by US-UK intelligence services : Crisis of the Internet and the Rule of Law (미국/영국 정보기관의 무차별 정보수집행위: 인터넷과 법치주의의 위기)

  • Kim, Keechang
    • Review of Korean Society for Internet Information
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    • v.14 no.3
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    • pp.78-85
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    • 2013
  • The revelations made possible by Edward Snowden, a contractor of the US intelligence service NSA, are a sobering reminder that the Internet is not an 'anonymous' means of communication. In fact, the Internet has never been conceived with anonymity in mind. If anything, the Internet and networking technologies provide far more detailed and traceable information about where, when, with whom we communicate. The content of the communication can also be made available to third parties who obtain encryption keys or have the means of exploiting vulnerabilities (either by design or by oversight) of encryption software. Irrebuttable evidence has emerged that the US and the UK intelligence services have had an indiscriminate access to the meta-data of communications and, in some cases, the content of the communications in the name of security and protection of the public. The conventional means of judicial scrutiny of such an access turned out to be ineffectual. The most alarming attitude of the public and some politicians is "If you have nothing to hide, you need not be concerned." Where individuals have nothing to hide, intelligence services have no business in the first place to have a peek. If the public espouses the groundless assumption that State organs are benevolent "( they will have a look only to find out whether there are probable grounds to form a reasonable suspicion"), then the achievements of several hundred years of struggle to have the constitutional guarantees against invasion into privacy and liberty will quickly evaporate. This is an opportune moment to review some of the basic points about the protection of privacy and freedom of individuals. First, if one should hold a view that security can override liberty, one is most likely to lose both liberty and security. Civilized societies have developed the rule of law as the least damaging and most practicable arrangement to strike a balance between security and liberty. Whether we wish to give up the rule of law in the name of security requires a thorough scrutiny and an informed decision of the body politic. It is not a decision which can secretly be made in a closed chamber. Second, protection of privacy has always depended on human being's compliance with the rules rather than technical guarantees or robustness of technical means. It is easy to tear apart an envelope and have a look inside. It was, and still is, the normative prohibition (and our compliance) which provided us with protection of privacy. The same applies to electronic communications. With sufficient resources, surreptitiously undermining technical means of protecting privacy (such as encryption) is certainly 'possible'. But that does not mean that it is permissible. Third, although the Internet is clearly not an 'anonymous' means of communication, many users have a 'false sense of anonymity' which make them more vulnerable to prying eyes. More effort should be made to educate the general public about the technical nature of the Internet and encourage them to adopt user behaviour which is mindful of the possibilities of unwanted surveillance. Fourth, the US and the UK intelligence services have demonstrated that an international cooperation is possible and worked well in running the mechanism of massive surveillance and infiltration into data which travels globally. If that is possible, it should equally be possible to put in place a global mechanism of judicial scrutiny over a global attempt at surveillance.

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Legal Issues Regarding the Civil Injunction Against the Drone Flight (토지 상공에서의 드론의 비행자유에 대한 제한과 법률적 쟁점)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.75-111
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    • 2020
  • The civilian drone world has evolved in recent years from one dominated by hobbyists to growing involvement by companies seeking to profit from unmanned flight in everything from infrastructure inspections to drone deliveries that are already subject to regulations. Drone flight under the property right relation with the land owner would be deemed legal on the condition that expeditious and innocent passage of drone flight over the land be assured. The United Nations Convention on the Law of the Sea (UNCLOS) enshrines the concept of innocent passage through a coastal state's territorial sea. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state. A vessel in innocent passage may traverse the coastal state's territorial sea continuously and expeditiously, not stopping or anchoring except in force majeure situations. However, the disturbances caused by drone flight may be removed, which is defined as infringement against the constitutional interest of personal rights. For example, aggressive infringement against privacy and personal freedom may be committed by drone more easily than ever before, and than other means. The cost-benefit analysis, however, has been recognjzed as effective criteria regarding the removal of disturbances or injunction decision. Applying that analysis, the civil action against such infringement may not find suitable basis for making a good case. Because the removal of such infringement through civil actions may result in only the deletion of journal article. The injunction of drone flight before taking the information would not be obtainable through civil action, Therefore, more detailed and meticulous regulation and criteria in public law domain may be preferable than civil action, at present time. It may be suitable for legal stability and drone industry to set up the detailed public regulations restricting the free flight of drone capable of acquiring visual information amounting to the infrigement against the right of personal information security.

Structural RC computer aided intelligent analysis and computational performance via experimental investigations

  • Y.C. Huang;M.D. TuMuli Lulios;Chu-Ho Chang;M. Nasir Noor;Jen-Chung Shao;Chien-Liang Chiu;Tsair-Fwu Lee;Renata Wang
    • Structural Engineering and Mechanics
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    • v.90 no.3
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    • pp.253-261
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    • 2024
  • This research explores a new finite element model for the free vibration analysis of bi-directional functionally graded (BDFG) beams. The model is based on an efficient higher-order shear deformation beam theory that incorporates a trigonometric warping function for both transverse shear deformation and stress to guarantee traction-free boundary conditions without the necessity of shear correction factors. The proposed two-node beam element has three degrees of freedom per node, and the inter-element continuity is retained using both C1 and C0 continuities for kinematics variables. In addition, the mechanical properties of the (BDFG) beam vary gradually and smoothly in both the in-plane and out-of-plane beam's directions according to an exponential power-law distribution. The highly elevated performance of the developed model is shown by comparing it to conceptual frameworks and solution procedures. Detailed numerical investigations are also conducted to examine the impact of boundary conditions, the bi-directional gradient indices, and the slenderness ratio on the free vibration response of BDFG beams. The suggested finite element beam model is an excellent potential tool for the design and the mechanical behavior estimation of BDFG structures.

A Study of Internet Content Regulation in South Korea (국내 통신심의 제도 개선에 관한 연구)

  • SUNG OCK YOON
    • Informatization Policy
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    • v.30 no.2
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    • pp.3-21
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    • 2023
  • The recent Internet environment demands a new approach to Internet content regulation. The need for regulation on the Internet has been recognized due to the rise of digital sex crimes, illegal information such as drugs and suicide, fake news, hate speech, false consumer reviews, and harmful content for young people. This article attempts to analyze the legislative, judicial, and administrative aspects of Internet content regulation in Korea. It covers the current status and characteristics of the Internet content regulation law, the judicial judgment on KCSC's communications deliberation and regulation, and the process and characteristics of KCSC's communications deliberation. Problems in Korea's communications deliberation system were addressed through legislative, judicial, and administrative approaches. This article concludes with policy suggestions for improving Internet content regulation in Korea.

A Study on the Restructuration of Norm System in the Field of ICT for the Smart Media (Smart미디어시대 정보통신·미디어(ICT) 분야 규범체계의 재구조화에 관한 연구)

  • Ji, Seong-Woo
    • Journal of Legislation Research
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    • no.44
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    • pp.33-62
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    • 2013
  • In this paper, the consolidation of ICT basic legislation and ICT special legislation concerning "Ministry of Science, ICT and Future Planning" and "Korea Communications Commission" which came on the back of governmental reorganization in recent years is discussed in the theoretical and practical aspect. Development of "data communication technology" innovatively changed the method of livelihood of mankind, the emergence of network under global dimension provided financial social benefit and posed a challenge and a threat at the same time. Form digital revolution human kind can expect to receive many important blessings. Nevertheless, there are many advantages of development of technology by digital revolution, cyberspace like online media, internet etc. has realistically many problems that must be solved. To maximum positive aspects like the expansion of freedom of expression and creating plan of economy by the advance of transmission technology is needed. And to minimize side effects of informatization is required more. The First, Special Act on ICT has an adaptation in normative standardization to be fit in media convergence beyond convergence of broadcasting and telecommunications. Henceforth, there must be established a legal basis for the achievement of protection of economic evolution and freedom of speech in digital media, information, communication technology and content development. The second, the government action is to accomplish economic development and freedom of information in structural aspect of norm. Therefore minimizing normative problem by reorganization of organization remains clearly unresolved in politics. The third, Special Act on ICT must be basic law covering info-communications field, pay telecommunication and media contents field. The forth, from a technical point of view, net neutrality, conflict of interest for digital content and so on can be fixed easily. Special Act on ICT must not only pursuit of development of industry. Special Act on ICT and pursuit of enhancing quality of life of people and preparing program to promote democratization. From now on, we need to make powerful nation of information& communications technology and in information human rights protection field got to be one step ahead of others with reference to appear all the various aspects must be brought together in the discussion of legislation process of Special Act on ICT.

Human Rights in The Context of Digitalization. International-Legal Analysis

  • Panova, Liydmyla;Gramatskyy, Ernest;Kryvosheyina, Inha;Makoda, Volodymyr
    • International Journal of Computer Science & Network Security
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    • v.22 no.5
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    • pp.320-326
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    • 2022
  • The use of the Internet has become commonplace for billions of people on the planet. The rapid development of technology, in particular, mobile gadgets, has provided access to communication anywhere, anytime. At the same time, there are growing concerns about the behavior of people on the Internet, in particular, towards each other and social groups in general. This raises the issue of human rights in today's information society. In this study, we focused on human rights such as the right to privacy, confidentiality, freedom of expression, the right to be forgotten, etc. We point to some differences in this regard, in particular between the EU, etc. In addition, we describe the latest legal regulation in this aspect in European countries. Such methods as systemic, factual, formal and legal, to show the factors of formation and development of human rights in the context of digitalization were used. The authors indicate which of them deserve the most attention due to their prevalence and relevance. Thus, we concluded that the technological development of social communications has laid the groundwork for a legal settlement of privacy and opinion issues on the Internet. Simultaneously, jurisdictions address issues on every aspect of human rights on the Internet, based on previous norms, case law, and principles of law. It is concluded that human rights legislation on the Internet will continue to be actively developed to ensure a balance of private and public interests, safe online access and unimpeded access to it.