• 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.

• Journal of Digital Convergence
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• v.12 no.1
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• pp.13-21
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• 2014

The problem of the cases of Soribada and Winny is their duplexity that they could be used legally and illegally. The issue called 'The crime of aiding through the neutral behavior' is about whether the program developer who shared the file sharing program letting unspecified public infringe the copyright could be punished or not. Many theories about limiting the traditional scope of punishment of aider have been maintained. However, it is questionable whether it is possible to limit the scope of punishment following the former cases and theories even for the action that is causal and facilitates the principal's criminal conduct, like the aid through the neutral action which is hard to perceive as illegal aid because of its characteristics. Therefore, using the case of Soribada in Korea and the case of Winny in Japan as the examples of illegal aid through neutral behavior case, this paper examines the characteristics and problems of aid through existing theories and cases, and suggests new scope of punishment limitation standard through the elaboration of the action of aid and judgment of degree.

• The Journal of the Korea Contents Association
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• v.14 no.1
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• pp.386-399
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• 2014

Following the heightened facilitation of information system in the education field, educational institutions encounter frequent information security infringement accidents. However there is insufficient education for persons in charge of information security duties in educational institutions. This study aims to analyze differences of knowledge and skills required for information security professionals in educational institutions by institution type, service area and duty. Based on the results of multidimensional scaling on survey data, this study presents the information security education framework for educational institutions.

• Korean Security Journal
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• no.8
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• pp.1-26
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• 2004

The current consitutional law 29-1 is ordaining the State Tort Liability for the illegal action of public service personnel. Based on this regulation, the State Tort Liability Act 2-1 actualizes by indicating, the nation or the local self-governing community is responsible for the public service personnels damaging others during their office hours whether it is accidental or intentional. However, the same law is considered to be inappropriate for the damage relief. In order to supplement this problem, through examinations at both theoretical and systematic levels of Prima facie as well as the objectification and standardization of the damages are required for the national compensation for the police action. According to the objectification and standardization of the damage theory, the faulty actions of the public service personnel are the defects occurred during the office hours. In the case of the police action that frequently uses infringement administration, invading the liberty and rights of the people, it is necessary to interpret faulty damages during the office duties more comprehensively so as to extend its scope of the ordinary public service personnel accidental illegality. In order to warrant effectiveness of the securing the rights, it is crucial to distinguish whether the faulty actions are accidental or intentional. When proven to be damages by illegal police action, the police personnel is responsible for the faults, called Prima facie, the nation is liable for the damage relief.

• Journal of Digital Contents Society
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• v.18 no.7
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• pp.1333-1339
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• 2017

Parody is credited for one of the forms of artistic presentation, and the utilization has been increasing day by day. However, there is no clear regulation in legislation or case. Parody is usually made without authorization to exploit of original author, so there is a lot of controversy over its infringement of copyright. Constitutional Law guarantees the freedom of expression and that of art, but it protects the author's right as well. So it is important how settle the collision of fundamental rights. It is expected the development of a variety of discussion on parody from the views of the basic value the Constitution pursues and the improvement and development of the culture that is the purpose of Copyright Act.

• Convergence Security Journal
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• v.16 no.1
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• pp.59-68
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• 2016

Recently, many domestic and foreign industries is increasing gradually in the importance of security such as the emergence of a Convergence Information Technology(internet of things, cloud computing service, big data etc). Among these techniques, the industrial security market is expected to grow gradually and the evolution of security technologies, as well as vulnerabilities are also expected to increase. Therefore, an increase in physical vulnerability factors it is no exaggeration to standards that are determining the security of industrial security. In this paper will be analyzed to the physical security technology and case study, physical vulnerability factor. Thereby this is expected to be utilized as a basis for the countermeasure of physical corresponding infringement and attack in a future.

• Knowledge Management Research
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• v.18 no.1
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• pp.159-176
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• 2017

Recently, the popularity of smartphones has led to a dramatic increase in the frequency of use of App(Application) services. LBS (Location-Based Service) App service adopts various methods such as push marketing and useful information by region through providing location-based service based on the location of the consumer. In particular, an enterprise or an App management company can provide necessary information to the consumer through the necessary information among the customer related knowledge information obtained by utilizing the location information of the consumer in real time. Nevertheless, since LBS is a service that can be performed only when the company obtains consent to provide location information voluntarily by the consumer, there is a case of privacy infringement due to consumers' use of personal information. The purpose of this study is to identify the characteristics of privacy related variables and the knowledge structure for consumer value formation based on the theory of privacy calculation. We also compared the characteristics of Korea with those of China in privacy issue. As a result of the analysis, it was confirmed that factors such as information utilization ability and information control ability were influential as a key factor of privacy calculation. In addition, perceived value influences the reputation of the LBS App service.

• Journal of the Korean Institute of Rural Architecture
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• v.16 no.1
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• pp.79-86
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• 2014

As the seeking of environmental condition, the environmental friendly village has became important to planning and designing with neighbor communities. Our village was inferior to new order and identity is weakened, environmental maintenance. According to the situation the purpose of this paper is derived the plan point of environmental elements to be good for living in urban countryside villages. The primary research was to be planning directions and improvements through the present situation investigation. The results of this study are as follows. Through the two case study-village ; Yeochan-ri, Unjeong-dong in Gangwon province, environmental elements are classified such as superior 5parts and 17points in order to happiness of neighbor community. There are summarized a historical & traditional part, building, street/park/furniture, living and vision of village. Specially residents appealed to inconvenience by infringement of a large building in a small dwelling village. The data of this paper is effective in specialists carry out the planning and evaluation indicators regarding rural village. Finally regional experts by a rural field and local residents are necessary collaboration at the planning and maintenance of residential settlement through the pleasant participation.

• KIEAE Journal
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• v.6 no.3
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• pp.35-42
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• 2006

The apartment buildings now covers more than 50% of the total residential types in Korea and the urban residential area becomes increasingly congested with newly constructed high-rise apartment buildings. Judicial precedents require, for securing the solar rights in the residential area, that the consecutive sunshine duration should be at least two hours from 9:00 to 15:00 or the accumulative sunshine duration should be at least four hours from 8:00 to 16:00 as of the winter solstice. Disputes are increasing, however, on infringed solar rights and view rights for the neighboring structures as cases occur where the requirement cannot be satisfied in congested residential areas. The sunshine duration scan be assessed by measuring it on the site of the dispute, but it is impracticable to actually measure it for every case on the winter solstice, only one day out of the whole year. At a trial, therefore, 3D computer simulation is used to calculate the sunshine duration and determine the extent of infringement for submission of the evaluation to be used as the basis of the judgment. The simulation, however, may have an error in its result up to the program characteristics and the accuracy of the input data such as the structure shape and height, the distance between structures, and the ground level. This study, therefore, used a self-developed VIEW program with Autodesk VIZ 2006 to provide a simulation method for solar access evaluation, and verified its efficacy by comparing the results with the actual measurements.

• Journal of Arbitration Studies
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• v.31 no.3
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• pp.69-89
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• 2021

General lawsuits can be chosen as a method of resolving patent disputes. However, a significant amount of time and money is wasted on litigation until the dispute is resolved. The Intellectual Property Framework Act in Korea requires the government to simplify litigation procedures and improve litigation systems to resolve intellectual property disputes quickly and fairly. As a result, accurate and timely resolution of patent disputes is given importance by the Korean government. Interest in arbitration as an alternative method of dispute resolution is growing. Although dispute resolution through arbitration is effective, the issue of resolving patent disputes through arbitration can lead to the arbitrability of patent disputes. It is therefore necessary to examine arbitrability of patent contracts and validity disputes. Korea has made efforts to reflect the model arbitration law of the United Nations Commission on International Trade Law for quick judicial resolution of patent disputes. Korea has also strengthened related systems for alternative resolutions. However, improving the arbitration system will necessitate a thorough examination of the systems and practices of the United States which is the country in the forefront of intellectual property. This paper examines the arbitrability of Korea's patent dispute and makes recommendations for more efficient dispute resolution system changes.