• Convergence Security Journal
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• v.19 no.1
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• pp.61-66
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• 2019

Cyber space is a place where free activities are guaranteed. However, it is also true that not all individuals and countries strive for peaceful cyberspace, and that there is a growing tendency to gain unfair advantage through this space. Therefore, the state should reform laws and institutions to keep cyberspace safe. By establishing the "Basic Law on Cyberspace" which includes the law of the state law on cyberspace, it is necessary to be able to recognize and respond to the direction of the national legal discipline on cyberspace. The development of digital forensics is an urgent task due to the rapid development of IT. However, if the law is delayed for various reasons, some of the existing laws should be amended to improve the stability of the law in accordance with the circumstances. To this end, it is necessary to revise the "Information and Communication Infrastructure Protection Act", "Information and Communication Network Enhancement and Information Protection Act", "Integrated Defense Law", "Establishment of Defense Information Infrastructure Infrastructure and Defense Information Resource Management Act".

• The Korean Society of Law and Medicine
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• v.11 no.1
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• pp.117-143
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• 2010

Along with the development of digital technologies, the information obtained during the medical procedures was working as a source of valuable assets. Especially, the secondary use of personal health information gives the ordeal to privacy protection problems. In korea, the usage of personal medical information is basically regulated by the several laws in view of general and administrative Act like Medicine Act, Public institutions' personal information protection Act, Information-Network Act etc. There is no specific health information protection Act. Health information exchange program for the blood donor referral related with teratogenic drugs and contagious disease and medical treatment reporting system for income tax convenience are the two examples of recently occurred secondary use of health information in Korea. Basically the secondary use of protected health information is depend on the risk-benefit analysis. But to accomplish the minimal invasion to privacy, we need to consider collection limitation principle first. If the expected results were attained with alternative method which is less privacy invasive, we could consider the present method is unconstitutional due to the violation of proportionality rule.

• Journal of Digital Convergence
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• v.10 no.11
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• pp.691-699
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• 2012

"Information", which is circulated in society by information technology development represented by computer, has brought innovation not only to physical civilization, but also deep into our daily lives. This is to say that information has brought fundamental change to its form of existence, and value system through being faster regarding the circulation and the way of management being diverse. As time goes by, this kind of change would stimulate more changes to be made as the development of scientific civilization. Therefore, informatization is one of the important characteristic that defines modern society's essence, but on the other side, information has been taken advantage of that temperament and abused in a lot of different ways. "The Law Regarding Computer Network Diffusion Expansion and Usage Promotion"(1986), as a counterplan of informatization is our nation's first Act about informatization, which enacts national policy and system about this issue. Since then, many laws has been enacted down to "Private Information Protection Act"(2011), forming a comprehensive system. The basic background of these laws are based upon the premise that even if the place where the information is managed is virtual space, rules that are considered valid in the real world should be basically applied in the virtual space. Therefore, the violation of the law in the real world is also considered the violation in the virtual space. This direction of current law regarding information is shared with both the theories and the reality. However, current law system and notion are based upon the premise that the law regards material objects, thus the characteristic of the information, which is "Immaterial Being" is not reflected. Also, the management and approach to this issue is allopathic, exposing many problems. Thus, this paper examines the way of protecting information stipulated in the current law, contemplates its protection scope and limitation, and seeks the direction of the improvement, based on the critical mind explained above.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.76
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• pp.1-20
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• 2017

The industrial technology (including trade secrets), which is commonly understood as systematic and applied technical knowledge, can be transferred to third parties by contracting for the transfer of technology or by granting of a licence. The activity of industrial espionage, due to the gradual increase of the economic interests of intellectual property, is displaying intensively in order to gain advanced technology information. With our outstanding high technology, but compared to the level of the advanced countries, the technical protection systems, the legal protection measures and the systematic management thereof may still be insufficient. Our industrial technology outflow abroad, due to the vulnerability to the security control system in our country, has been increasing since the 2000. Computer software and SNS, such as smart devices, appear as a rapid change in the technical information environment. In order to minimize the dead zone of a new industrial security, the country's organic activity is being conducted. In 2006, Industrial Technology Outflow Prevention and Protection Law was enacted, which emphasized the responsibilities of the country. In this paper for the economic entity's efforts to prevent technology leakage oversea, I have looked to how the industrial technology can be protected in terms of national security and economic benefits of our enterprises. To solve the above-mentioned problems hereof, Korean government should willingly establish a reliable legal system for supporting to enterprise's operations, and Korean companies should autonomously introduce a synthetic technology protection system and incorporate the confidentiality clauses in an international transfer of technology agreement with third parties.

• International Journal of Computer Science & Network Security
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• v.22 no.5
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• pp.215-219
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• 2022

Bankruptcy is one of the major areas that have attracted the interest of many researchers in the American system, particularly in terms of the laws that oversee it. It provides a plan of reorganization that enables the debtor or the proprietor to discharge liabilities to the creditors through dividing the assets to settle debts. This activity is carried out under supervision to fairly protect the interests of the creditors. Bankruptcy protection systems are dynamic and complex in nature, in line with the economic sector, ensuring the protection of affected individuals from falling into huge losses. Some bankruptcy procedures give the debtor the opportunity to stay in operation or business activity and benefit from revenues until the debt is settled. This law allows some debtors to be relived from any financial burden after the distribution of assets, even if the debt is not paid in full. In light of the above information, this research paper seeks to explore the nature of the complexity of bankruptcy protection laws, their characteristics, and the justice system that regulate them. It also sheds more light on the decision-making powers on bankruptcy cases. There are specialized courts that cover bankruptcy cases located in district courts in every state.

• Journal of the Korean Society for information Management
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• v.1 no.1
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• pp.9-24
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• 1984

This paper reviews the applicabilities and the problems of copyright law and patent law to the computer-related intellectual properties such as data bases and computer softwares, with special reference to the practices in the advanced countries like U.S., U.K., and Japan. It also discusses Japanese proposals of-the new computer program right law which has been based on entirely different concepts of new media. The author concludes that the legal protection devices of any individual countries should be considered in the context of the eventual international agreements.

• Journal of Digital Convergence
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• v.13 no.5
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• pp.61-67
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• 2015

In order to ensure the housing stability of homeless people who living in the information society, the Korean Housing Lease Protection Act was enacted as a special law of Civil Code in March 5, 1981, Law No. 3379. And until January 6, 2015 there were 15 times revisions. In the meantime, many issues have been resolved by legal revisions through several times however, it is true that many problems are exposed after enforcement because processing without sufficient review of legislation. Among them, at the 1st revision in 1983 the purpose of Article 9 for lease succession was admitting succession to a spouse who has no inheritance rights. Then it can protect common-law relationship and on the other hand protect the residential life of a spouse. But many questions have been raised. Therefore, in this paper, analyze the problem of lease succession carefully, proposes an improvement to contribute to the residential stable livelihood.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2015.05a
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• pp.781-782
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• 2015

As growth engines such as cloud, social networks, big data that can affect the security market have been grown, the information security industry has has also rapidly evolved. Reviewing information security policies carried out in USA, UK and Japan, this paper examines trends on the IoT-related information protection law and regulations that are at issue around the major developed countries. Through this research, we can get the implication that measures be taken as soon as possible to apply the existing data protection laws in the Internet of Things.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.17 no.8
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• pp.2124-2139
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• 2023

In this article, the authors focus on the use of smart CCTV, a combnation of biometric recognition technology and AI algorithms. In fact, the advancements in relevant technologies brought a significant increase in the use of biometric information - fingerprint, retina, iris or facial recognition - across diverse sectors. Both the public and private sectors, with the developments of biometric technology, widely adopt and use an individual's biometric information for different reasons. For instance, smartphone users highly count on biometric technolgies for the purpose of security. Public and private orgazanitions control an access to confidential information-controlling facilities with biometric technology. Biometric infomration is known to be unique and immutable in the course of one's life. Given the uniquness and immutability, it turned out to be as reliable means for the purpose of authentication and verification. However, the use of biometric information comes with cost, posing a privacy issue. Once it is leaked, there is little chance to recover damages resulting from unauthorized uses. The governments across the country fully understand the threat to privacy rights with the use of biometric information and AI. The EU and the United States amended their data protection laws to regulate it. South Korea aligned with them. Yet, the authors point out that Korean data aprotection law still requires more improvements to minimize a concern over privacy rights arising from the wide use of biometric information. In particular, the authors stress that it is necessary to amend Section (2) of Article 23 of PIPA to reflect the concern by changing the basis for permitting the processing of sensitive information from 'the Statutes' to 'the Acts'.

• Proceedings of the Korean Society of Computer Information Conference
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• 2020.07a
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• pp.195-197
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• 2020

현행 우리나라는 공익침해행위와 관련하여 2011년 3월 공익신고자 보호법이 제정되어 민간부문에서의 공익신고자를 보호하고 있다. 대부분의 공익침해행위는 조직 내부에서 은밀하게 이루어지고 있어 조직 내부의 문제점을 잘 알고 있는 조직 구성원들의 신고로 인하여 외부에 알려지게 된다. 그러나 신고로 인하여 공익신고자가 받게 되는 불이익에 대한 실질적인 보호조치가 미흡하여 신고자를 효과적으로 보호하기 위한 제도를 강화하는 방안이 필요하다. 이에 본 연구에서는 현행 우리나라 공익신고자 보호제도에 대한 주요 내용을 검토하고, 공익신고자의 보호 등을 위한 합리적인 개선방안을 제시하고자 한다.