• 제목/요약/키워드: Internet Regulation Law

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Study of the Prior Review System about Medical Advertising on the Existing Laws

  • Kim, Woon-Shin;Joung, Soon-Hyoung
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.6
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    • pp.97-106
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    • 2016
  • This study tries to seek the is the realistic improvements and legislative measures about current medical advertising which was in the Court on 12 May 2015 by presenting and discussion the understanding, problems and its alternative direction of pre-deliberation on the existing law which is the decision on the constitutionality of health care advertising regulated health care advertising General commercial advertising has the right which have to be protected as the terms of the protection of know and freedom of expression and advertiser's there are sure to be in a value to be protected. Medical advertising is also a person in addition to the absolute value that includes both Due to the particularity of medical advertising in terms of life and the right to health Until now, this has been the target of strong regulations are changing the policy of gradual deregulation in our country, including the country. Medical advertising on the current medical law had been to be checked by pre-deliberation of the executive power. However, due to unconstitutional, in the circumstances which a false hype is flooding and increasing, it has been realized that the fair competition of medical community, life and health rights of the people are threatened by in reverse. In this regard, the abolition of the pre-deliberation system of medical advertising can be welcomed by abolition of the old system which is the legal and institutional censorship. Since its abolition, the alternative policy direction is insufficient also it is not clear. Therefore we need to study this. Therefore, in this paper, we try to find general theoretical background and problem of pre-deliberation system of medical advertising. Also, as trying to find feasibility or ambiguity of regulation and issues about medical advertising on medical law, we argued the provision of special measures of the medical advertising for introduction of integrated medical advertising deliberation committee which can ensure the independence and autonomy, strengthening of the monitoring on the internet advertising, legal resolving through amendments, strengthening of penalties, and establish special measures of medical advertising for the medical privatization and demand for the foreign medical tourist, etc. Empirical study about practical regulatory measures of medical advertising which converged the various opinions of consumer groups, government and academia, and medical community, and we expect hope to see the more realistic alternative provision.

A Study on the Current State of Illegal Distribution of Literary Works on Internet Cafes and Homepages (인터넷 카페와 홈페이지의 어문저작물 불법 전송 실태에 관한 연구)

  • Kwack, Dong-Chul
    • Journal of the Korean Society for information Management
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    • v.21 no.4 s.54
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    • pp.209-231
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    • 2004
  • The purpose of this study is to examine the current state of illegal distribution of literary works on internet cafes and homepages, and figure out how to protect the rights of copyright holders. For this study, examined were the cafes and menus of homepages of major Websites on the Internet, where illegal copying and delivery of literary works could happen. For each Website, the volumes of the entire collection, the number of literary works held, the maximum and average number of transactions were investigated, and literary works categorized according to genres were analyzed. The result shows that the strict legislation and regulation by government or copyright organizations could hinder the positive distribution of awareness about the copyright : but, still strongly needed is the promotion and education of the importance of copyright to help the public understand better. Providers of portal services should take a proper step to strengthen the training of and systematic support for copyright-related issues for both operators and users of cafes and homepages on Websites.

A Study of Call Service Mechanism on SIP for Emergency Communication Services (긴급통신서비스 제공을 위한 SIP에서의 호 서비스 메커니즘에 관한 연구)

  • Lee, Kyu-Chul;Lee, Jong-Hyup
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.11 no.2
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    • pp.293-300
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    • 2007
  • As the development of the various IP-based services, it is expected that Internet telephony service will gradually replace the traditional PSTN-based telephony service. But there are many issues resolved to spread the Internet telephony service. One of them is to support the emergency services in the Internet telephony. In the case of USA, it has been regulated that 911 services should be supported in the Internet telephony services using VoIP on the similar performance level to PSTN 911 service. According to the regulation, basic VoIP 911 calls should be routed to the general access line of LEA without the location information or the callback number, but the enhanced VoIP 911 calls with the location information and callback number should be routed on the dedicated 911 network and destined to the local 911 distribution center such as PSAP. But, in the current VoIP-based Internet telephony network, the emergency call service has not been handled as one of the special services as well at has a worse performance in comparison to it on PSTN. Moreover, the service has a critical problem that it can not be destined to the nearest PSAP because of the insufficient information about the location information and the call back number. In this paper, we suggest the SIP-based emergency call service mechanism in order to resolve the problems above mentioned. This suggested mechanism is implemented to show its effectiveness and efficiency.

A Regulatory Analysis on the Reverse Discrimination against Korean Domestic Businesses in relation to the Data Protection and Regulatory Improvement Orientation (개인정보 관련 국내기업의 역차별 상황에 관한 규제 분석과 개선방안에 관한 연구)

  • Lee, Inho;Kim, Seo-An
    • The Journal of Society for e-Business Studies
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    • v.25 no.4
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    • pp.1-14
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    • 2020
  • IT businesses in Korea have relatively strong regulations. While providing the same service, domestic businesses are in a situation of 'reverse discrimination of regulations' as they are less competitive than global IT companies in accordance with the application of the personal information protection legislation in Korea. In this paper, Personal Information Protection legislation was classified and laws of major countries were analyzed in comparative ways. It also compared and analyzed the "private policy" presented by representative Internet sites (Naver, Daum, Google, Facebook) that provide services to users in Korea. We also proposed three aspects of legislation improvement to address reverse discrimination.

An Analysis of the Effects of Large-scale Retailer Operation Regulations on Agriculture and Fisheries (대형 유통업체 영업 규제가 농수산업에 미치는 영향 분석)

  • Kim, Dong-Hwan;Ryu, Sang-Mo
    • Journal of Distribution Science
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    • v.12 no.2
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    • pp.73-79
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    • 2014
  • Purpose - The Korean government has revised the distribution industry development law to regulate large-scale retailer operations to protecting medium- and small-scale retailers and traditional markets. According to the revised law, large-scale retailers must follow regulations on operating hours and compulsory store closures two days per month. Based on the revised distribution industry development law, most local governments regulate operation hours and they have adopted compulsory closure programs for large-scale retail stores. However, it is argued that fresh food producers suffer from a decrease in sales based on the compulsory closure of stores operated by large-scale retailers. Large-scale retailers reduce their fresh food orders from agricultural and fishery producers because of the compulsory store closures. Fresh food producers also suffer from a decrease in prices because reduced orders lead to a decrease in auction prices based on the availability of excess goods in wholesale markets. This paper investigates the effects of operation regulations for large-scale retailers on agricultural producers by surveying agricultural and fishery producer organizations. Research design, data, methodology - A survey was conducted on 117 producer organizations of fruits and vegetables, cereals, fisheries, and livestock products from September 10 to October 4, 2012. Survey items are annual sales, shares of sales accounted for by large-scale retailers, reduction of orders and prices from large-scale retailers, methods to deal with the sales reduction, unfair trade practices of large-scale retailers, opinion of the large-scale retailer regulations, and so on. The average sales of the sampled producer organizations are 13.7 billion won and the average share of sales accounted for by large-scale retailers is 35.4%. Results - Survey results show that the sample producer organizations' sales decreased 10.1% because of the compulsory closures of stores operated by large-scale retailers. It is estimated that the total sales of producer organizations decreased 371.2 billion won because of the regulations on the operation of large-scale retailers. In addition to the direct effect of a sales decrease due to order reduction, agricultural and fishery producer organizations suffered from the secondary effect of price reduction in wholesale markets. When orders from large-scale retailers decreased, most agricultural and fishery producer organizations shipped redundant products to wholesale markets, decreasing auction prices. It was estimated that the price received decreased 21.9% when sold in other marketing channels. As producer organization sales decreased, it was reported that the labor force employed by producer organizations also decreased by 15.1%. Therefore, we can conclude that the regulations for large-scale retailer operations resulted in negative impacts on agricultural producers. Conclusions - Although the sales reduction due to the regulations for large-scale retailer operations are not great, the cumulative effects due to the continued compulsory closure of stores operated by large-scale retailers could be great. This paper suggests governmental programs that could help agricultural producer organizations to find new and effective marketing channels such as direct marketing, farmers' markets, exports, Internet shopping, and so on.

Investigation of Legal Regulation and Market Circumstances for Functional Dairy Products in Korea and Japan (일본과 한국의 기능성 유제품의 규격기준 및 시장현황에 관한 연구)

  • Bak, Da-Jeong;Lee, Dan-Won;Park, Jung-Min;Shin, Jin-Ho;Kim, Ji-Youn;Jeon, Sang-Rok;Song, Tae-Suk;Yoon, Sung-Sik;Kim, Jin-Man
    • Food Science of Animal Resources
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    • v.29 no.4
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    • pp.523-532
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    • 2009
  • Changing health awareness has had an important effect on the functional food industry and is creating greater market opportunities. Unfortunately, there is no statement on functional dairy products in the Processing of Livestock Products Act. As a result, there is confusion in the market and legal difficulties with regard to the advertising of functional dairy products. This study was carried out to improve the current standardization of functional dairy products by comparing the domestic Health/Functional Food Act with the Japanese Health Promotion Law, and by investigating scientific data and articles from various literature and the Internet. In Japan, the Ministry of Health, Labor, and Welfare (MHLW) officially presented the Food with Health Claims (FHC) system that consists of Food with Nutrient Function Claims (FNFC), and innovated Food for Specified Health Uses (FOSHU). In 2005, the FOSHU system was changed to include several new subsystems: Current, Standardized, Reduction of disease risk, and Qualified FOSHU. Finally, to manufacture FOSHU, scientific evidence pertaining to such products must be examined by MHLW. Since FNFC was allowed, only 12 vitamins, ${\beta}-carotene$, and five minerals were approved, though without scientific evidence of efficacy. The Korean Health/Functional Food Act requires that health/functional foods (HFFs) be marketed in measured doses. There are two types of HFFs: generic and product-specific. There are 67 ingredients listed in the act for generic HFFs, and if an HFF has a new active ingredient, it is considered a product-specific HFF. Product-specific HFFs must be approved by the Korean Food and Drug Administration (KFDA). With the present standards, it is impossible to label and advertise functional dairy products with health/functional claims. Government agencies must cooperate to solve this problem, and standardization should be carried out by considering existing health/functional products and claims/indications from other countries.

Legal Research on FinTech Regulatory Sandbox Fostering Financial Innovations in Korea (핀테크 활성화를 위한 규제 샌드박스의 도입 방안 연구)

  • Ko, Young-Mi
    • Journal of Legislation Research
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    • no.53
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    • pp.213-267
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    • 2017
  • Regulatory barrier is considered most challenging out of all FinTech barriers, which many technology innovators have always experienced. Even though technological solutions promise customers accessibility to more cost-effective and secured financial services, it is quite challenging to create regulatory environment that enables innovation FinTech industry. Especially, a common challenge FinTech innovators and business face is regulatory uncertainty and confusion rather than any particular regulation. Since many FinTech models are continuously introducing new innovative ways in providing financial services, significant confusion could be raised in applying principles of existing law and regulations. In addition, it is uncertain whether or not applying complex regulatory compliance model intended for large financial institutions to small start-ups is appropriate since most existing regulations and rules are established and introduced without considering innovative tools such as mobile instruments, e-trade, and internet. Therefore, new mechanism to access to regulatory information in a more cost-effective, quick and immediate way should be created. Regulators, technological innovators, and financial customers should cooperate each other to find out appropriate solutions for those issues. Many regulators are introducing regulatory sandbox which provides service providers with opportunities to test their innovations, during the test, providing regulators with enough time to understand risks of innovations. However, regulatory sandbox is not a panacea for all challenges to FinTech innovations. Therefore, regulators should make comprehensive and multidimensional efforts including regulatory sandbox in supporting FinTech ecosystem.

A Study on Priority Rankings of Actions Providing Personal Information Security (개인정보의 안전성 확보조치 기준에서의 우선순위 정립에 관한 연구)

  • Kim, Young Hee;Kook, Kwang Ho
    • Convergence Security Journal
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    • v.14 no.4
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    • pp.9-17
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    • 2014
  • With the rapid development of the Internet and information technology, a company that deals with personal information does not have proper action to protect personal privacy and not take measures for the safe handling and management of personal information. It generates the case to abuse of personal information occurring frequently. In order to focus the effort to reduce damage and protect the privacy of personal information entity and enhance privacy laws based on the connection method and the processing of personal information, Korea encourages a company to follow regulation by providing certain criteria. However, in the case of items of measures standard of safety of personal information such as priority applicable criteria in accordance with the importance of itemized characteristics and the company of each individual information processing is not taken into account, and there are some difficulties to execute. Therefore, we derive criteria by law and reviewing existing literature related, the details of the measures standard of safety of personal information in this study and generate a hierarchical structure by using the KJ method for layering and quantification of the evaluation in integration of the reference item similar and the grouping. Accordingly, the weights calculated experts subject using the AHP method hierarchical structures generated in this manner, it is an object of the proposed priority for privacy and efficient more rational enterprise.

Rent Seeking Analysis of IPTV Introduction Process in Korea (IPTV 도입 과정에 대한 지대추구론적 분석)

  • Jung, In-Soak
    • Korean journal of communication and information
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    • v.47
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    • pp.5-22
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    • 2009
  • This study analysed the complicated introduction process of IPTV in Korea, based on the rent seeking theory which is one of an useful economic theory for explaining the dynamic interaction between government and entrepreneurs. Rent seeking theory describes the possibility of lobbying for economic regulations or regulatory capture which refers to collusion between firms and the government agencies assigned to regulate them. The introduction of IPTV(Internet Protocol TV) in Korea was the most controversial policy issue since the beginning of new media business of cable TV in 1995. In addition to the ordinary conflict between the old and new entrepreneurs, IPTV caused the bureaucratic conflicts between the Ministry of Information and Communication and the Korean Broadcasting Commission (Two regulation agencies were merged into KCC(Korean Communications Commission) in 2008). Through the process all related policy players, including the government, pursued their own rent, and it caused vicious circle of continuous rent seeking and mutual distrust among players. Finally, all-directional lobby of pre-IPTV companies brought about the successful entrance to IPTV market and the enactment of IPTV special law which includes deregulation compared to the existing Broadcast Act. Considering the convergence trend of media related laws it means going against the times. Until now, the conflict phenomena occurring in broadcast industry were mostly explained based on the sociological conflict theory. However, the result of this study shows the usefulness and necessity of rent seeking theory because it gives an economic explanation of conflict behavior.

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Korea's Terrorist Environment and Crisis Management Plan (한국의 테러환경과 위기관리 방안)

  • Jang, Sung Jin;Kim, Young-Hyun;Shin, Seung-Cheol
    • Korean Security Journal
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    • no.52
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    • pp.73-91
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    • 2017
  • This study is based on the political and economic standpoint of each country, Use advanced equipment to prevent new terrorism from causing widespread damage, In order to establish a countermeasures against terrorism in accordance with the reality of Korea, which is effective in responding to terrorist attacks, Korea conducted a SWOT analysis of the terrorist environment and terrorist environment through specialists. First, internal strengths of Korea 's terrorist environment include stable security situation, weakness of religious and ethnic conflicts, strong regulation and control of firearms, and counter terrorism capabilities and know - how accumulated during major international events. Second, the internal weaknesses of the terrorist environment in Korea include the insecurity of the people, the instability caused by the military confrontation with North Korea, the absence of anti-terrorism law system, the difficulty of terrorism control and management by the development of the Internet and IT technology. Third, the external opportunities for Korea 's terrorist environment are as follows: ease of supplementation and learning through cases of foreign terrorism failure, ease of increase of terrorist budget and support with higher terrorism issues, strengthening of counterterrorism through military cooperation with allied nationsRespectively. Fourth, the external threats to the terrorist environment in Korea are the increase of social dissatisfaction due to the continuous influx of defectors and foreign workers, the goal of terrorism from international terrorist organizations through alliance with the United States,Increased frequency of incidents, and increased IS coverage of terrorism around the world. In addition, the SWOT in - depth interviews on the terrorist environment of the expert group were conducted to diagnose and analyze the problems, terrorism awareness and legal system in the Korean terror environment. The results of the study are summarized as follows.First, the basic law on terrorism should be enacted.Second, the establishment of an integrated anti-terrorism organization.Third, securing and nurturing specialized personnel in response to terrorism.

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