• Title/Summary/Keyword: Legal protection

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A Study on the Legal and Institutional Improvement Plan for Cyber Correspondence (사이버 대응태세 구축을 위한 법·제도적 개선방안 연구)

  • Lee, Yong Seok;Lim, Jong In
    • 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".

Study on Reorganization Plan for District Division of Baekdudaegan Protected Area for Local Revitalization (지역 활성화를 위한 백두대간 보호지역 용도구역체계 개편방안 연구)

  • Sung, Hyun-Chan;Lee, Kyung-Il;Kim, Yoon-Ji;Jeon, Seong-Woo
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.22 no.5
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    • pp.13-25
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    • 2019
  • The Baekdudaegan protected area is a regulatory-oriented policy that does not consider the residents, and has been affected by the shrinking of local economy and the reduction of community activities. In order to minimize the damages, Baekdudaegan resident support programs has been implemented but various problems have been pointed out failing to lead to local revitalization. In addition, the zoning districts consists only of the core district and buffer district, which makes it more difficult to improve the lives and satisfy the needs of residents due to the stricter regulations. This study suggests the revitalization of Baekdu-daegan protected area by reforming the zoning system of Baekdu-daegan protected area. Considering related plans and systems, legal validity, residents' repulsion, area, etc., four reorganization plans were drawn according to each strength and weakness. Principles, additional permissible activities, example of amendment to 'Baekdudaegan Protection Act' according to each plan were also presented. The results of this study can contribute to the improvement of income and welfare of the residents in Baekdudaegan protected area. However, further research is needed because it is a limitation that the specific scope of the proposed plans could not be set.

A Study on Improvement Plans for Application of the Personal Information Protection Act(Based on the Subject to Duty of Safeguards) (개인정보보호법 적용 대상에 대한 개선 방안 연구(안전성 확보조치 기준 의무 대상 중심으로))

  • Jang Sang Soo
    • Convergence Security Journal
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    • v.23 no.1
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    • pp.35-43
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    • 2023
  • Since the Personal Information Protection Act was enacted in 2011, it has played a role in safely protecting people's personal information and protecting their rights. Personal information controller must comply with the duty of safeguards for safe personal information management. Even though administrative regulation is an accompanying issue, it is not clear to whom, when and how it applies. According to the imposition of duties, the scope, standards, safety measures, procedures, etc. for the target person should be clearly and specifically specified, but the current legal system is insufficient .In this study, problems and reasonable improvement plans were presented for the classification criteria for applicable subjects, the criteria for the criteria for determining the targets, and the criteria for measures to ensure safety. Through this, we intend to contribute to enhancing the effectiveness of the system by presenting reasonable measures by clarifying and specifying the scope and standards of application.

A Study on the Intellectual property rights for the protection of financial instruments (금융상품의 보호를 위한 지식재산권 연구)

  • You, Hyun-Woo
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.7 no.3
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    • pp.1-9
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    • 2017
  • Financial instruments are economic and intangible assets that bring financial company tremendous economic returns when it is a success. Also, It is necessary to protect this because it is a product of effort made by a lot of human resources and materials. However, legal and institutional devices for financial instruments are insufficient currently and 'copying practices' are rampant throughout the industry in korea. This ultimately inhibits the utility and welfare of consumers, but also adversely affects the competitiveness of the financial industry. In order to finance innovation that new financial products and services have appeared, it is necessary to grant the appropriate rights, such as intellectual property rights of financial instruments. And, there is a need for measures to protect it. Thus, this study proposed new way protecting the financial instruments through Intellectual property right. It is the introduction of similar protection system to financial instruments, such as mechanisms that protect database producers in copyright law.

Legal and Institutional Improvement Tasks for Utilizing Mydata in the Transportation Sector for NetZero (탄소중립을 위한 교통분야 마이데이터 활용의 법제도적 개선 과제)

  • Ji-Yeon Lee;Min-Ji Koh;Seung-Neo Son
    • Industry Promotion Research
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    • v.9 no.1
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    • pp.47-55
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    • 2024
  • In the transportation sector, reducing total vehicle mileage and passenger vehicle traffic are proposed as strategies to achieve carbon neutrality. To achieve this, MaaS services must be actively promoted with the goal of revitalizing public transportation. In order to promote MaaS, individual movement data is required, such as the individual's means of movement, route, and conversion of the individual's means of use. However, in Korea, there are legal limitations in collecting and utilizing data on individual movements. As the right to request transmission of personal information was newly established in the revised Personal Information Protection Act in 2023, a law was established to collect and utilize data on individual movements. However, enforcement ordinance, detailed rules, instructions, guidelines must be prepared, and the standardization of data format and transmission system for collecting my data needs to take precedence.

A Thought on the Right to Be Forgotten Articulated in the European Commission's Proposal for General Data Protection Regulation (유럽연합(EU) 정보보호법(General Data Protection Regulation)개정안상의 잊혀질 권리와 현행 우리 법의 규율 체계 및 앞으로의 입법방향에 관한 소고)

  • Hah, Jung Chul
    • Journal of Digital Convergence
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    • v.10 no.11
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    • pp.87-92
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    • 2012
  • In the early 2012, European Union proposed new legal framework, including the right to be forgotten, for the protection of personal data. The new Proposal articulates kind of sweeping new privacy right and there has been debates on its potential threat to free speech in the digital age. While the situation is similar in Korea, I want to introduce the right to be forgotten in the Proposal. Then, I will analyze current legal system in Korea regarding the new privacy right and suggest some guidelines in searching direction for the coming legislation with respect to the right to be forgotten. The right to be forgotten should not have been promulgated without considering fully its effect on the free speech, especially in the society where the voice toward direct democracy or movement toward participation of the citizen, mainly through cyber space or Social Network Services, has risen much higher in Korea. Especially, the new right seems not to cover the control of data subject on a third party where the third party expressing his opinion by posting himself other's personal data on his blog or others.

The Legal Protection Scope and Limitation of Information (정보의 법적 보호범위와 한계)

  • Kim, Hyung-Man;Yang, Myung-Sub
    • 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.

A Study on the Protection for Personal Information in Private Security Provider's (경비업자의 개인정보보호에 관한 연구)

  • Ahn, Hwang-Kwon;Kim, Il-Gon
    • Convergence Security Journal
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    • v.11 no.5
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    • pp.99-108
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    • 2011
  • The purpose of this study is to profile actual conditions of personal information protection systems operated in overseas countries and examine major considerations of personal information that security service providers must know in the capacity of privacy information processor, so that it may contribute to preventing potential occurrence of any legal disputes in advance. Particularly, this study further seeks to describe fundamental idea and principle of said Personal Information Protection Act; enhancement of various safety measures (e.g. collection / use of privacy data, processing of sensitive information / personal ID information, and encryption of privacy information); restrictions on installation / operation of video data processing devices; and penal regulations as a means of countermeasure against leakage of personal information, while proposing possible solutions to cope with these matters. Using cases among foreign countries for this study. Possible solutions proposed by this study can be summed up as follows: By changing minds with sufficient legal reviews, it is required for security service providers to 1) clearly and further specify any purposes of collecting and using privacy information, if possible, 2) obtain any privacy information by legitimate means as it is necessary to collect such information, 3) stop providing any personal information for the 3rd parties or for any other purposes except fundamental purposes of using privacy information, and 4) have full knowledge about duty of safety measure in accordance with safe maintenance of privacy information and protect any personal information from unwanted or intentional leakage to others.

Improvement of Personal Information Protection Laws in the era of the 4th industrial revolution (4차 산업혁명 시대의 개인정보보호법제 개선방안)

  • Choi, Kyoung-jin
    • Journal of Legislation Research
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    • no.53
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    • pp.177-211
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    • 2017
  • In the course of the emergence and development of new ICT technologies and services such as Big Data, Internet of Things and Artificial Intelligence, the future will change by these new innovations in the Fourth Industrial Revolution. The future of this fourth industrial revolution will change and our future will be data-based society or economy. Since there is personal information at the center of it, the development of the economy through the utilization of personal information will depend on how to make the personal information protection laws. In Korea, which is trying to lead the 4th industrial revolution, it is a legal interest that can not give up the use of personal information, and also it is an important legal benefit that can not give up the personal interests of individuals who want to protect from personal information. Therefore, it is necessary to change the law on personal information protection in a rational way to harmonize the two. In this regard, this article discusses the problems of duplication and incompatibility of the personal information protection law, the scope of application of the personal information protection law and the uncertainty of the judgment standard, the lack of flexibility responding to the demand for the use of reasonable personal information, And there is a problem of reverse discrimination against domestic area compared to the regulated blind spot in foreign countries. In order to solve these problems and to improve the legislation of personal information protection in the era of the fourth industrial revolution, we proposed to consider both personal information protection and safe use by improving the purpose and regulation direction of the personal information protection law. The balance and harmony between the systematical maintenance of the personal information protection legislation and laws and regulations were also set as important directions. It is pointed out that the establishment of rational judgment criteria and the legislative review to clarify it are necessary for the constantly controversial personal information definition regulation and the method of allowing anonymization information as the intermediate domain. In addition to the legislative review for the legitimate and non-invasive use of personal information, there is a need to improve the collective consent system for collecting personal information to differentiate the subject and to improve the legislation to ensure the effectiveness of the regulation on the movement of personal information between countries. In addition to the issues discussed in this article, there may be a number of challenges, but overall, the protection and use of personal information should be harmonized while maintaining the direction indicated above.

A Review on the Legal System for Natural Environment Conservation and Protected Areas Status in DPRK (북한의 자연환경 보전 법제 및 보호지역 현황 고찰)

  • Heo, Hag Young;Yu, Byeong-hyeok
    • Korean Journal of Environment and Ecology
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    • v.35 no.1
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    • pp.81-91
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    • 2021
  • The Democratic People's Republic of Korea did not have direct legislation on natural environmental conservation until the early 1970s when the regime was still in the early stage. The Law on Land was enacted in 1977 to provide the legal basis for protecting the natural environment, including land protection, protection zones, and forest formation and protection. The enactment of the Law on Environmental Protection in 1986 made progress on environmental conservation in the DPRK. The constitutional amendment in 1992 stipulated "the preservation and creation of the natural environment as the responsibility of the state." Based on the Framework Law on Environmental Protection, subordinate statutes in various fields were enacted after the1990s. While the committee designated and managed the protected zones in the early days, the Framework Law on Environmental Protection established the ground for the designation of legally protected areas, and the Law on Protection of Scenic Spots and Natural Monuments enacted in 1995, and the Law on Environmental Protection enacted in 2009 provided the details. Furthermore, the types of nature reserves include biosphere reserves, primeval forest reserves, animal reserves, plant reserves, and scenic reserves. The 2nd National Biodiversity Strategy and Action Plan established in 2007 based on the Convention on Biological Diversity(CBD) stated 326 protected zones in the DPRK. However, the 2018 United Nations list of Protected Areas shows only 31 registered zones, indicating the need to establish basic information on protected areas in DPRK. This study can provide basic information for a better understanding of the nature conservation system in the DPRK. Considering that environmental protection activities such as protection of endangered species and recovery of environmental pollution are subject to exceptions under the current sanctions against North Korea (UN Security Council, the United States), it will be possible to contribute to identifying possible inter-Korean cooperation projects in the field of the natural environment.