• International Journal of Computer Science & Network Security
• /
• v.22 no.9
• /
• pp.59-62
• /
• 2022

In the scientific research, the object of research is a complex of legal relations, which are formed by the use of modern digital technologies. The subject of this work is the novelties of Ukrainian and foreign legislation, norms of international law aimed at regulating social relations in the field of digital rights, as well as doctrinal provisions and materials of law enforcement practice. Within the framework of this work, two types of digital rights are distinguished, those that exist in the law of Ukraine, and the issues of law that apply to legal relations, regarding the turnover of each of them, are considered. Examples of law applied in foreign countries are given for comparison. On the basis of a comprehensive study of the legal framework and positions of scientists, the prospects for the development of legal regulation of digital rights were noted.

• International Journal of Computer Science & Network Security
• /
• v.21 no.5
• /
• pp.113-120
• /
• 2021

The adoption of the General Data Protection Regulation (EU) 2016/679 transformed approaches and concepts to the implementation of the personal data protection mechanism in the European Union. Within the EU, almost all countries have adapted a new protection mechanism, which requires a study of the specifics of its use. The article intends to assess the legal provisions of the current mechanism of personal data protection in the EU. The author studied the mechanism of personal data protection under the General Data Protection Regulation (EU) 2016/679 (GDPR) based on the concept of contextual integrity and analysis of EU legislation on personal data protection. The scientific publications for 2016-2020 were reviewed for the formation of ideas of a new personal data protection mechanism in the EU, informative and transparent analysis of legal provisions. The article notes that the personal data privacy and protection is increasing, there is an ongoing unification of the legal status of personal data protection and the formation of a digital market for dissemination, exchange, control, and supervision of data. Cross-border cooperation is part of the personal data protection mechanism. The author proved that the GDPR has changed approach to personal data protection: the emphasis is now shifting to the formation of a digital market, where the EU's role in ensuring regulation is crucial. The article identifies the emergence of a new protectionist legal system and strengthening of legal provisions regarding privacy. This legal system needs unification and harmonization in accordance with national legislation, is territorially fragmented and differentiated within the EU.

• Journal of Digital Convergence
• /
• v.9 no.5
• /
• pp.11-20
• /
• 2011

Internet users and copyright holder have been at the center of a severe legal dispute because file-sharing soft (P2P) through Napster aggravates the violation of copyright as well as takes on the world. Though it is natural that we should hold users a criminal penalty for the illegal use of various computer programs, I think that if the supply of a computer program is generally within a circle of development act, program developer ought not to hold users criminally liable for the unintended illegal act of users. Two main issues are addressed in this work: (i) the basis and validity of legal responsibility and condemnation that appear in the precedent set as to P2P in America, Japan, and Korea. (ii) the necessity of both scientific technology development and efficient legal regulation of copyright holder. For this purpose, software development and legal regulation are reviewed analyzed from viewpoint of the criminal law.

• Journal of Digital Convergence
• /
• v.17 no.8
• /
• pp.47-60
• /
• 2019

The purpose of this study is to explore the overall structural relationship between the statutory provisions of nuclear energy legislation and to identify the coherence of the nuclear law system using social network analysis. In particular, we analyze the legal structure of the "Nuclear Safety Act", which plays a central role in nuclear safety regulation, to examine the key provisions in legal network structure of Nuclear Safety Act. Therefore, we found the structural problems of the nuclear legal system and suggest the legislative improvement plan for reducing excessive legislative activity and determining the need for legal amendments in nuclear safety management and regulation. This study is expected to provide a analytical framework for making legal system of further policy in other science and technology industries as well as nuclear energy related industries.

• Food Science and Industry
• /
• v.51 no.4
• /
• pp.325-333
• /
• 2018

If private discipline replace the strict administrative regulation, fundamental rights of protective essence can be relativized while if may be beneficial for the individual freedom. Assigning the state power to the private organization is equivalent to giving up the practice of individual liberty to the organized authority. It is important to make use of public law mechanism, particularly under the imperfect juristic system. Regarding the prohibition of prior censorship, it is necessary to consider whether it is desirable to prioritize the freedom of speech over the rest of the legal benefit. Apart from this necessity, new advertisement screening mechanism was irreversibly - and controversially - introduced for the health functional food since the unconstitutional verdict of the prior screening of advertisements. With this, the state must secure the broad order through legal regulations and norms in order to freedom of speech and other legal benefit can be harmoniously and practically guaranteed.

• International Commerce and Information Review
• /
• v.7 no.3
• /
• pp.231-246
• /
• 2005

Concerning the regulation of Internet service and the control of electronic commerce in China, It has not specific regulation and various rules or measures to enforce it yet. The common regulatory measures are that online business in some special areas must acquire a license or approval from relative agencies in advance. But whether licensing is an effect regulatory measure still takes time to verify. Accordingly these measures must be unified or coordinated to be enforced effectively. In order to encourage the development of E-Commerce, China will need to focus on developing rules that take advantage of the internet to encourage the economy, and establishing new legal rules or amending the traditional law to create a safe and secure legal environment for online transactions.

• The Korean Society of Law and Medicine
• /
• v.11 no.2
• /
• pp.75-112
• /
• 2010

This article analyses the concept of medicine in the legal context. It is not easy to define the concept of medicine because medical practice has various dimensions and the situation in which the practice is performed has a broad variety. The duty of medical law is to build the boundary of protection in that the nature of medicine would not be distorted by the factors of social systems like industry or governmental authorities. Without understanding the various dimensions - especially the dimension of Humanities and Sociology - of the medicine it is not possible to draw the limit on the performance of medicine appropriately. Concerning the medical practice (especially in the context of the regulation of medical licence), the enacted law (Medical Act) defines the concept just for form's sake and it finally depends on the interpretation of the legal enforcement authorities. Moreover, between the judgments of the courts there exists no coherent principles for the regulation and the interpretation of the Medical Act depends often on the riskiness, the abstract concept, which finally leads the interpretation to depend on the subject of the practice. On the contrary, the development and scientific movement of the technology tends to tighten the range of the medical professionals of medical practice and the perspectives of the medicine. Medical act is actually oriented at the patient's understanding of him- or herself. The above-mentioned tendency of the interpretation and the legal policy could lead the medicine away from its nature.

• The Journal of Fisheries Business Administration
• /
• v.43 no.1
• /
• pp.63-74
• /
• 2012

The Korean Conflict of Laws Act recently incorporated much of the European Union's recent revision in "EC Convention on the Law Applicable to Contractual Obligations (Rome 1980)"(hereinafter Rome Convention). With the revision of Rome Convention applied to contractual obligations,"Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)"(hereinafter Rome I) has taken effect on December 2009. Before the effectivation of Rome I, "Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)"(hereinafter Rome II) has come into effect on January 2009. This means the revision of certain rules and its practical implications need an in-depth study on governing law rules under Rome I which provides newly effected governing laws applicable to contractual obligations. Moreover, uniform choice of law rules on non-contractual obligations needs to focus especially on marine insurance contract. Where policy assignment and subrogation causes, how to decide the governing law which will be applied to the insurer as a third party? This article attempts to analyze emerging legal issues in legal regimes determining choice of law, especially those in international marine insurance contracts. This will help Korean practitioners to be dialed in legal affairs under English Law as the governing law in their contracts.

• Journal of Internet Computing and Services
• /
• v.17 no.4
• /
• pp.145-159
• /
• 2016

This study points out the problems of absence of the legislation for standard regulation on Video on Demand(VoD) advertisement which grows so fast lately, for this it recommends making legal references, which have the definition of non-linear broadcasting & VoD advertisement and VoD advertisement standard regulation in the merged Broadcasting Act, and adopting co-regulation system. Pay TV operators providing VoD service have the opportunities to make money as subscribers uses it increasingly. In case of linear service, the Broadcasting Act regulates the advertisement strictly, but not the VoD ads. The reason why is that Korean legislation including the Broadcasting Act does not have legal reference to regulate it, instead of that, it rely on the self-regulation system which is operated by pay-tv players who provide the VoD ads. So, there is the limitation to protect the minors such as children and youth from the harmful VoD ads, to be invulnerable for advertisers to influence to advertising agents, and to ensure the regulatory effectiveness under player-centric self-regulatory regime. In this context, this study analyses the how to regulate VoD ads standard with a three-pronged approach. First, it analyses the VoD ads regulation system in overseas countries, UK, Canada, EU and Ireland. Each country has the legal reference to regulate it in the Broadcasting Act or lower statures and adopts the co-regulatory regime the NRA and the 3rd entity operate together. Second, it reviews the objectives and scope of VoD ads standard. This study recommends that the objective of it is users protection and the scope of it is standard regulation not commercial practice. Third, this study researches how to legislate for regulation of VoD ads standard. Considering VoD service's characteristics(non-linear service) and legal position of Ads agency(i.e. pay tv operators), it suggest that legal reference will be in the integrated Broadcasting bill, which is the general law, not individual. If it is available to regulate VoD ads standard with co-regulatory regime, it expects the enhancement of user protection from the harmful VoD ads and make up sustainability of the pay-tv players' self-regulation.

• Proceedings of the Korean Nuclear Society Conference
• /
• 2001.05a
• /
• pp.526.1-526
• /
• 2001