• Title/Summary/Keyword: Information Breach

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Review of the Supreme Court Judgement on Real Estate Nominal Trust without Intermediate Registration (부동산의 제3자간 명의신탁에 관한 대법원의 판례평석)

  • Park, Kwang-Hyun
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2016.07a
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    • pp.141-143
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    • 2016
  • 2016년 5월 19일 대법원은 전원합의체판결에서 부동산 매수자가 본인 명의로 소유권이전등기를 하지 않고 등기를 매도인에게서 직접 명의수탁자로 이전하는 제3자간 명의신탁(중간생략등기형 명의신탁)의 경우 명의수탁자가 신탁부동산을 임의로 처분하여도 형사처벌를 할 수 없다는 판결을 하였다. 본 논문에서는 민법과 형법의 교차영역인 명의신탁에서 민사사건의 형사화를 지양했다는 점에서 긍정적인 평가를 하지만 이에 따른 관련법의 정비를 통한 법개정을 제안한다. 즉, 명의신탁에 관한 법제 간 모순을 극복하기 위해 '부동산 실권리자명의 등기에 관한 법률'의 개정이 요구된다. 또한 부동산소유자가 그 등기명의를 타인에게 신탁하기로 하는 명의신탁약정을 맺고 그 등기명의를 명의수탁자에게 이전하는 소위 2자간 명의신탁의 경우도 비범죄화를 함으로써 법체계의 논리성과 통일성을 확보할 필요가 있다.

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Handling of Dangerous Goods Under Charterparties - Focusing on Anglo/American Law and Practicies - (용선계약하에서 위험물취급에 관한 고찰 -영미법논리를 중심으로-)

  • Kim, Sun-Ok
    • International Commerce and Information Review
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    • v.11 no.1
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    • pp.291-308
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    • 2009
  • The implied obligation under the contract of affreightment not to carry dangerous goods without prior notice to the carrier applies to the contractual relationship between the charterer and the owner under charterparties. The charterers will be in breach of an implied undertaking under the common law if they load dangerous cargoes without making notice of dangerous nature of them to the owner. It is indicated to be necessary to change the term "shipper" to "charterer", with relation to such implied obligation, where the Hague/Hague-Visby Rules are incorporated into the charter, however, it is not so apparent where an actual shipper is involved. So long as an actual shipper could be identified, the shipper rather than the charterer shall be responsible for damages arising from the dangerous nature of the cargo itself. In this case, the actual shipper is interpreted to have an implied contractual relationship with the carrier just by the act of delivering the cargo to the carrier for loading. If the vessel were damaged by shipment of the dangerous cargo under charterparty, the carrier can claim against such damages based on the contractual obligations under charterparties: "implied and expressed duty not to ship dangerous cargo without notice to the carrier"; "Art.IV.6 of the Hague/Hague-Visby Rules"; "Indemnity Clause" and "Redelivery Clause". The carrier has the conventional right under the Hague/Hague-Visby Rules to land, destroy or render the goods innocuous where the dangerous cargo threatens the means of transport or other interests on board. When the carrier has not consented to make the shipment, the carrier's disposal right could be exercised without limitation. However, where the carrier has consented to make the shipment of the dangerous goods with the knowledge concerned, the right of disposal of such goods should be exercised with limitation.

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The Rights of Patients as Consumers (환자의 소비자로서 권리)

  • Kwon, Yong Jin;Son, Sang Sik;Lim, Young Deok
    • Health Policy and Management
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    • v.22 no.3
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    • pp.315-346
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    • 2012
  • The legal relationship between patient and physician is legally equal relationship. But, in times past, patients be compelled to sign an unequal contract, substantially. Because of the imbalance between supply and demand in the health care market. Today, the law of supply and demand in the health care market is running well. And as the cognition of citizens' rights grows, the relationship between patient and physician can also get a lot of changes. Patients have the right to know the information about medical care, and to decide whether or not to get treatment including invasions against their own bodies. In other words, Doctors have an obligation to explain to their patients. If doctors did not provide patients sufficient explanation or information, it violates the right of patients. This is a tort, or a breach of contract. To improve the remedy for violation of patient's right, patient is able to be protected by status as consumer. If patient is a kind of consumer in terms of medical consumption, he/she as consumer can enjoy supplementally the consumer's right. The patient as a consumer can exercise now a consumer's right as a constitutional right. In addition, with respect to consumer's rights, Framework Act on Consumers was enacted. This Act is based on constitutional provisions of Article 124 and the Act can be seen as a law that embodies consumer right because the provision of the constitutional law delegates specific contents. In the health care field, patients need to win recognition the statue of the consumer to hold the sovereignty of the consumer. In particular, if patients are consumers, they may be able to make good use of the quickly and efficiently collective dispute resolution and association lawsuit to rescue their damage, the Alternative Dispute Resolution(ADR) of Framework Act on Consumers.

Analysis of Flood Inundation Using LiDAR and LISFLOOD Model (LiDAR 고도자료와 LISFLOOD 모형을 이용한 홍수범람해석)

  • Choi, Cheon-Kyu;Choi, Yun-Seok;Kim, Kyung-Tak
    • Journal of the Korean Association of Geographic Information Studies
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    • v.16 no.4
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    • pp.1-15
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    • 2013
  • Great loss of life and property has been occurred by the severe flood globally. In Korea, a flood inundation map is used as one of the non-structural measures for reducing flood damage, and various inundation models have been studied for flood inundation analysis. This study applies LiDAR data and LISFLOOD model for flood inundation analysis and discusses the the modeling results from levee breaching scenarios for evaluating the applicability of the model to stream inundation modeling. In the results of LISFLOOD modeling, maximum inundation area was similar to the inundation map by HEC-RAS model just less than 4%. The inundation area by each levee breaching scenario showed the difference from 0.2% to 6.5%. Inundation processes were different each other according to the position of levee breach point, and maximum inundation area and depth were changed by the flow direction of stream and flood plain. This study shows that LISFLOOD model can be applied properly to stream inundation analysis using various inundation scenarios.

A Study on Introducing Security Certification for Control Systems (제어시스템 보안인증 도입 방안 연구)

  • Choi, Hoyeol;Kim, Daeyeong;Shin, Hyungjune;Hahn, Changhee;Hur, Junbeom
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.26 no.3
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    • pp.725-734
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    • 2016
  • SCADA(Supervisory Control and Data Acquisition) system is widely used for remote monitoring and control throughout the domestic industry. Due to a recent breach of security on SCADA systems, such as Stuxnet, the need of correctly established secure certification of a control system is growing. Currently, EDSA-CRT (Embedded Device Security Assurance-Communication Robustness Test), which tests the ability to provide core services properly in a normal/abnormal network protocol, is only focused on the testing of IP-based protocols such as IP, ARP, TCP, etc. Thus, in this paper, we propose test requirements for DNP3 protocol based on EDSA-CRT. Our analysis show that the specific test cases provide plentiful evidences that DNP3 should follow based on its functional requirements. As a result, we propose 33 specific test case for DNP3 protocol.

A Web Link Architecture Based on XRI Providing Persistent Link (영속적 링크를 제공하는 XRI 기반의 웹 링크 구조)

  • Jung, Eui-Hyun;Kim, Weon;Park, Chan-Ki
    • Journal of the Korea Society of Computer and Information
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    • v.13 no.5
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    • pp.247-253
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    • 2008
  • Web 2.0 and Semantic Web technology will be merged to be a next generation Web that leads presentation-oriented Web to data-centric Web. In the next generation Web. semantic processing. Web Platform, and data fusion are most important technology factors. Resolving the Link Rot is the one of the essential technologies to enable these features. The Link Rot causes not only simple annoyances to users but also more serious problems including data integrity. loss of knowledge. breach of service. and so forth. We have suggested a new XRI-based persistent Web link architecture to cure the Link Rot that has been considered as a deep-seated Problem of the Web. The Proposed architecture is based on the XRI suggested by OASIS and it is designed to support a persistent link by using URL rewriting. Since the architecture is designed as a server-side technology, it is superior to existing research especially in Interoperability. Transparency and Adoptability. In addition to this, the architecture provides a metadata identification to be used fer context-aware link resolution.

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A Study on the Keyword Extraction for ESG Controversies Through Association Rule Mining (연관규칙 분석을 통한 ESG 우려사안 키워드 도출에 관한 연구)

  • Ahn, Tae Wook;Lee, Hee Seung;Yi, June Suh
    • The Journal of Information Systems
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    • v.30 no.1
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    • pp.123-149
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    • 2021
  • Purpose The purpose of this study is to define the anti-ESG activities of companies recognized by media by reflecting ESG recently attracted attention. This study extracts keywords for ESG controversies through association rule mining. Design/methodology/approach A research framework is designed to extract keywords for ESG controversies as follows: 1) From DeepSearch DB, we collect 23,837 articles on anti-ESG activities exposed to 130 media from 2013 to 2018 of 294 listed companies with ESG ratings 2) We set keywords related to environment, social, and governance, and delete or merge them with other keywords based on the support, confidence, and lift derived from association rule mining. 3) We illustrate the importance of keywords and the relevance between keywords through density, degree centrality, and closeness centrality on network analysis. Findings We identify a total of 26 keywords for ESG controversies. 'Gapjil' records the highest frequency, followed by 'corruption', 'bribery', and 'collusion'. Out of the 26 keywords, 16 are related to governance, 8 to social, and 2 to environment. The keywords ranked high are mostly related to the responsibility of shareholders within corporate governance. ESG controversies associated with social issues are often related to unfair trade. As a result of confidence analysis, the keywords related to social and governance are clustered and the probability of mutual occurrence between keywords is high within each group. In particular, in the case of "owner's arrest", it is caused by "bribery" and "misappropriation" with an 80% confidence level. The result of network analysis shows that 'corruption' is located in the center, which is the most likely to occur alone, and is highly related to 'breach of duty', 'embezzlement', and 'bribery'.

Development of a Malicious URL Machine Learning Detection Model Reflecting the Main Feature of URLs (URL 주요특징을 고려한 악성URL 머신러닝 탐지모델 개발)

  • Kim, Youngjun;Lee, Jaewoo
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.26 no.12
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    • pp.1786-1793
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    • 2022
  • Cyber-attacks such as smishing and hacking mail exploiting COVID-19, political and social issues, have recently been continuous. Machine learning and deep learning technology research are conducted to prevent any damage due to cyber-attacks inducing malicious links to breach personal data. It has been concluded as a lack of basis to judge the attacks to be malicious in previous studies since the features of data set were excessively simple. In this paper, nine main features of three types, "URL Days", "URL Word", and "URL Abnormal", were proposed in addition to lexical features of URL which have been reflected in previous research. F1-Score and accuracy index were measured through four different types of machine learning algorithms. An improvement of 0.9% in a result and the highest value, 98.5%, were examined in F1-Score and accuracy through comparatively analyzing an existing research. These outcomes proved the main features contribute to elevating the values in both accuracy and performance.

The Impact of CPO Characteristics on Organizational Privacy Performance (개인정보보호책임자의 특성이 개인정보보호 성과에 미치는 영향)

  • Wee, Jiyoung;Jang, Jaeyoung;Kim, Beomsoo
    • Asia pacific journal of information systems
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    • v.24 no.1
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    • pp.93-112
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    • 2014
  • As personal data breach reared up as a problem domestically and globally, organizations appointing chief privacy officers (CPOs) are increasing. Related Korean laws, 'Personal Data Protection Act' and 'the Act on Promotion of Information and Communication Network Utilization and Information Protection, etc.' require personal data processing organizations to appoint CPOs. Research on the characteristics and role of CPO is called for because of the importance of CPO being emphasized. There are many researches on top management's role and their impact on organizational performance using the Upper Echelon theory. This study investigates what influence the characteristics of CPO gives on the organizational privacy performance. CPO's definition varies depending on industry, organization size, required responsibility and power. This study defines CPO as 'a person who takes responsibility for all the duties on handling the organization's privacy,' This research assumes that CPO characteristics such as role, personality and background knowledge have an influence on the organizational privacy performance. This study applies the part relevant to the upper echelon's characteristics and performance of the executives (CEOs, CIOs etc.) for CPO. First, following Mintzberg and other managerial role classification, information, strategic, and diplomacy roles are defined as the role of CPO. Second, the "Big Five" taxonomy on individual's personality was suggested in 1990. Among these five personalities, extraversion and conscientiousness are drawn as the personality characteristics of CPO. Third, advance study suggests complex knowledge of technology, law and business is necessary for CPO. Technical, legal, and business background knowledge are drawn as the background knowledge of CPO. To test this model empirically, 120 samples of data collected from CPOs of domestic organizations are used. Factor analysis is carried out and convergent validity and discriminant validity were verified using SPSS and Smart PLS, and the causal relationships between the CPO's role, personality, background knowledge and the organizational privacy performance are analyzed as well. The result of the analysis shows that CPO's diplomacy role and strategic role have significant impacts on organizational privacy performance. This reveals that CPO's active communication with other organizations is needed. Differentiated privacy policy or strategy of organizations is also important. Legal background knowledge and technical background knowledge were also found to be significant determinants to organizational privacy performance. In addition, CPOs conscientiousness has a positive impact on organizational privacy performance. The practical implication of this study is as follows: First, the research can be a yardstick for judgment when companies select CPOs and vest authority in them. Second, not only companies but also CPOs can judge what ability they should concentrate on for development of their career relevant to their job through results of this research. Cultural social value, citizen's consensus on the right to privacy, expected CPO's role will change in process of time. In future study, long-term time-series analysis based research can reveal these changes and can also offer practical implications for government and private organization's policy making on information privacy.

Status and prospects of Knowledge Information Security Industry (지식정보보안 산업의 현황과 전망)

  • Choi, Jeong-Il;Chang, Ye-Jin;Lee, Ok-Dong
    • Korean Security Journal
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    • no.39
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    • pp.269-294
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    • 2014
  • Korea is concerned with information security industry due to recent leak-out private information of 3 card companies. Executives are aware of damage from breach of security such as personal data spill, is more dangerous than any other financial risks. The information security industry, which was limited in physical security and network security formerly, is evolving into convergence security of public and facility security industry. The field of interest has also been changed into security of smart phone and intelligence image recently, from firewall or Anti-virus. The convergence security is originally about access control of facility, but recently its demand has been increased mostly by public institutions and major companies. The scope of the industry also varies from finance, education, distribution, national defense, medical care to automobile industry. The market of convergence security has been expanded and new various products and services of security of intelligent vehicle, 'U' healthcare, finance, smart grid and key industries are also developed. It is required to create and enhance of new curriculum and cultivate human resources for the development of knowledge information security industry. Raising standard of education and security consciousness of the nation is also necessary to strengthen the global competitiveness.

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