• Convergence Security Journal
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• v.13 no.5
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• pp.137-145
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• 2013

The most important thing in the trial reveal the truth regardess of civil trial or criminal trial. The criminal procedure should be amended to guarantee victims the right to attend court hearings, to receive information about the progress of their case. But the new Criminal Procedure Law 2007 stipulated merely reading right of investigation records after prosecution while reading and printing rights prior to prosecution were not legislated. All sections of the criminal justice process must ensure that the process of dealing with the offender should not increase the distress or add to the problems of victims of crime in secondary victimisation. Reading and printing rights of prior to prosecution should be stipulated at earliest to protect the criminal victims and to prevent the secondary victimisation, The purpose of this study is to practically protect the right of the victims on the criminal procedures.

• Journal of Digital Convergence
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• v.19 no.8
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• pp.205-217
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• 2021

Decentralized SSI(Self Sovereign Identity) has become an alternative to a new digital identity solution, but an efficient de-identification technique has not been proposed due to the unique algorithmic characteristics of data transactions. In this study, to ensure the decentralized operation of SSI, we propose a de-identification technique that does not remove identifiers by restructuring the verification results of ZKP (Zero Knowledge Proof) into a form that can be provided to the outside by the verifier. In addition, it is possible to provide restructured de-identification data without the consent of data subject by proposing the concept of differential sovereignty management for each entity participating in verification. As a result, the proposed model satisfies the domestic personal information protection law in a decnetralized SSI, in addition provides secure and efficient de-identification processing and sovereignty management.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.109-132
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• 2019

Recently, medical accidents related to surgical procedures have increased. In addition, the media reported that some of these accidents were involved in health crimes. Patient-advocate groups have called for mandatory establishment and management of CCTV in operating rooms. There is a lot of discussion among the interested parties, so it is necessary to review the relevant laws and regulations. The purpose of this study is to identify the characteristics of CCTV in operating rooms and to review legislations related to establishment and management of the CCTV in operating rooms. Medical institutions use CCTV for management of facilities and patient safety and install it in operating rooms optionally. The Constitution guarantees the privacy and the privacy of correspondence of every citizen, but it can be limited by the law for public welfare. Currently, however, there is no existing law about establishment and management of the CCTV in operating rooms and it can be defect of legal system. Under the current legislations, it is likely that the Self-determination can be violated due to the characteristic of healthcare provider when CCTV is mandatorily installed in operating room. In addition, the regulations on access and leakage of confidential information known by operator are insufficient. So that, the safety of the visual data might be threatened. Furthermore, unless the period and the place of storage of the visual data are clearly defined, it is highly unlikely to meet the original purpose of patient safety and prevention of medical accidents. This study is meaningful as there is few previous study on this topic although the need for legal review about this is growing and several bills are being proposed. It is expected that the results of this study can be utilized as basic data for enactment or amendment of the laws and regulations about establishment and management of CCTV in operating rooms.

• 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.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.21 no.3
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• pp.117-130
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• 2011

In a situation where worldwide free trade between countries has expanded recently, our country is being rapidly pushed FTA agreements with the financial developed countries such as United States, EU. According to the agreement, the user information of foreign financial companies in Korea is expected to be transfered overseas. In this paper, we need to define the scope and the definition about the transfer of information and analyze the relating domestic and foreign laws preparing for Cross Border Financial Information Transfer. Also, we review the expected issues about the transfer of information divided into institutional and technical sectors and arc presented the policy implication such as differentiation of regulatory information, enactment and amendment of Personal Information Protection Law(Draft) and related regulations, ensuring the safety of financial companies, raise the standard guidelines of the transfer of information. We refers to the needs for policy formulation to differentiate our privacy information from financial information to protect the privacy of users. The proposed countermeasures in this paper is expected to be helpful the measures to prepare for other institutions such as banks and supervisory authorities prepare for the future Cross Border Financial Information Transfer according to PTA.

• Korean journal of communication and information
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• v.34
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• pp.161-195
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• 2006

Standing to sue has become one of the most important and controversial issues in suits between the press and the victims injured by the press reports. Even thought Korean law was patterned after the European legal system, there is no denying that the Korean Constitution was influenced by that of the United States. The judicial system was also influenced by its counterpart in the United States. The doctrine of standing to sue has plagued the U.S. Supreme Court for several decades. The traditional test of standing in the federal courts was, at the beginning of the century, whether the interest asserted by the plaintiff amounted to a 'legal right', entitled to the protection of the common law. In recent years, the Supreme Court seems to have settled on a two-tiered method for determining whether a plaintiff has standing to sue in federal court. The first level of inquiry is the constitutional core, and the second is the judicially imposed prudential limitations. The purpose of this study is to find out the doctrine of standing in the legal proceedings caused by the press reports. The press needs to internally transform as well to prevent legal dispute, enforcing confirmation when collecting news materials and building up the device for pre-examining the news. The press is also requested to help sincerely the victim recover, realizing that they waste their reputation and credit not to mention a lot of time and monet during the legal dispute.

• Journal of the Korea Society of Computer and Information
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• v.24 no.10
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• pp.225-232
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• 2019

The trademark dilution of famous marks as a kind of unfair competition practice is defined and regulated in Article 2 (1) (c) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter referred to as the Unfair Competition Prevention Act), which was newly established according to the amendment of the Act on February 3, 2001. Famous trademarks are universally protected in all around the world, which are likewise protected in the Republic of Korea by the Unfair Competition Prevention Actin line with such international trends. In order to establish the trademark dilution of famous marks, it is necessary to have the following characteristics: (1) high reputation of the original mark, (2) use of identical or similar markscompared to the original mark, (3) occurrence of blurring of discrimination or tarnishment of reputation; in particular, with respect to the degree of proof of 'blurring of discrimination or tarnishment of reputation', which is a constituent requirement of the trademark dilution of famous marks, it is reasonable to interpret the trademark dilution as concrete endangerment offense, neither harm-based offense nor abstract endangerment offense, and thus it should be considered that the crime is established if a specific realistic risk of blurring of discrimination or tarnishment of reputation occurs. Furthermore, in relation to the specific criteria of 'blurring of discrimination or tarnishment of reputation', it is necessary to comprehensively judge the degree of individual behavior in specific matters as a normative factor as well as the psychosocial viewpoint of the general public.

• Korean journal of communication and information
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• v.61
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• pp.98-117
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• 2013

In 2009, Korea Communications Commission(KCC) added a new clause which regulates the protection of the media diversity to the Broadcasting Act. Specifically, the provision, Article 35-4, contains the creation of the Media Diversity Committee which is responsible for (1) the measure of TV audience share by media company; and (2) the development of summing up index of the different media influence by the end of 2012. Although the Korean version of diversity index as German KEK was made after a careful consideration based on the necessity to devise a criterion to determine the appropriate level of ownership regulation for the media companies, several issues including the measurement method have been raising the consistent controversy among experts. This study focuses on the evaluation of the media diversity policy by indicating the problems of the devised index and showing the concrete issues of the contention. As the result of the policy delphi-analysis targeted 10 media experts, this study suggest that the Article 35-4 of Broadcasting Act needs to be amend into the realistic and rational directions in well with the tenets of the law.

• Journal of the Korea Society of Computer and Information
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• v.25 no.1
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• pp.187-198
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• 2020

In this paper, We purpose an improvement plan for the settlement of smart contracts into legal norms through the recognition of the norms of blockchain-based smart contracts and the main influence factors on the norms of smart contracts. First, in terms of the normative necessity of smart contracts, legal protection against technical errors, government-level public relations education, and basic laws governing smart contract business are needed. Second, the contract norms will be accepted by the contract norms based on the blockchain designed to make the responsible material clear in terms of smart contract usability. Third, in terms of regulation of smart contracts, it can be seen that smart contracts are subsumed from existing laws or considering new legislation, but the norm of smart contracts cannot be prioritized over ease of use.

• Journal of the Korea Society of Computer and Information
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• v.17 no.1
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• pp.227-233
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• 2012

Recently, violence in cyberspace has been increasing and it causes not only severe emotional distress to the victims but also hampers a healthy cyber culture. This paper aims to find out about characteristics and the actual state of Cyber-Violence, and Evaluate the measures concerning it. Cyber crime is characterized as non face to face, anonymity, non-limitary, difficulties in attracting evidence, the Cyber Violence of these cyber crimes was shown in the form of cyber-insult, cyber-defamation, cyber-stalking, circulation of cyber-pornography, and that is the reality there are lack of practical measures. As a measure for protection the establishment of positive laws are needed on the cyber-contempt, adopting the Internet real-name system, strengthening the ISP's responsibility and legislation for criminal penalties. As a more fundamental measure, a greater effort of netizen's self-purification and systematic training and promotion for the prevention of damage is necessary.