• Title/Summary/Keyword: Legal protection

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Features of Administrative Liability for Offenses in the Informational Sphere

  • Iasechko, Svitlana;Kuryliuk, Yurii;Nikiforenko, Volodymyr;Mota, Andrii;Demchyk, Nadiia;Berizko, Volodymyr
    • International Journal of Computer Science & Network Security
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    • v.21 no.8
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    • pp.51-54
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    • 2021
  • The article is devoted to the study of the features of administrative liability for offenses in the informational sphere, the definition of the concept and features. Based on the examples of implementation of instruments of European legislation into the national legal system and examples of national legal practice, the authors have identified the features of informational and legal sanctions aimed at restricting the rights of access of subjects to information, prohibiting them to disseminate certain information, restricting the rights to disseminate certain information, and suspending informational activities. It has been substantiated that the administrative liability for informational offenses as a protective legal institution is created to contribute to the solution of such acute problems of legal support of human and society interests in the new informational dimensions.

The Improvements of Preferred Right on the Housing Lease Protection Act (주택임대차보호법상 최우선변제권에 대한 개선방안)

  • Park, Jong-Ryeol;Joung, Soon-Hyoung
    • Journal of the Korea Society of Computer and Information
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    • v.17 no.8
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    • pp.135-144
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    • 2012
  • The Preferred Right that recognized in Housing Lease Protection Act Article 8 Paragraph 1 is a legal security right. The case of a small tenant whose security deposit is less than a specific sum of money to lease housing, he can get preferential payment about his a specific sum of money of security deposit in an auction procedure. Like this the Preferred Right can protect the homeless commoner also it ignores the existing legal system. But the Preferred Right has the right function that contribute to stability of homeless people's housing, on the other hand, it has the adverse function that damages to several interested parties in an auction procedure by using legal preferential protection. So, about these problems, the improvement way will propose in this study.

The Industrial Security along with the International Transfer of Technology (국제기술이전계약에서의 산업보안에 관한 연구)

  • SEO, Jung-Doo
    • 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.

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Improving Legislation on the use of Healthcare Data for Research Purposes (보건의료 빅데이터의 연구목적 사용에 대한 법제 개선방안)

  • Park, Dae Woong;Jeong, Hyun Hak;Jeong, Myung Jin;Ryoo, Hwa Shin
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.315-346
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    • 2016
  • With the development of big data processing technology, the potential value of healthcare big data has attracted much attention. In order to realize these potential values, various research using the healthcare big data are essential. However, the big data regulatory system centered on the Personal Information Protection Act does not take into account the aspect of big data as an economic material and causes many obstacles to utilize it as a research purpose. The regulatory system of healthcare information, centered on the primary purpose of patient treatment, should be improved in a way that is compatible with the development of technology and easy to use for public interest. To this end, it is necessary to examine the trends of overseas legal system reflecting the concerns about the balance of protection and utilization of personal information. Based on the implications of the overseas legal system, we can derive improvement points in the following directions from our legal system. First, a legal system that specializes in healthcare information and encompasses protection and utilization is needed. De-identification, which is an exception to the Privacy Act, should also clearly define its level. It is necessary to establish a legal basis for linking healthcare big data to create synergy effects in research. It is also necessary to examine the introduction of the opt-out system on the basis of the discussion on the foreign debate and social consensus. But most importantly, it is the people's trust in these systems.

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The Study on the Legal Improvement for Fire Protection in Wooden Architectural Heritage (목조건축 문화재의 화재방호를 위한 법규 개선에 관한 연구)

  • Kim, Dong Cheol;Roh, Sam Kew;Ham, Eun Gu
    • Fire Science and Engineering
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    • v.29 no.1
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    • pp.19-26
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    • 2015
  • This study covers securing legal systems and institutions regarding the standards for installing fire prevention facilities to prevent fire on wooden architectural heritage. Conflicts among relevant laws were revealed and problems related to fire prevention performance, technical standards, responsibilities, etc. in the process of establishing legal fire prevention equipment and the equipment for self-extinguishing were identified through pondering over current legal systems of fire prevention facilities. To resolve the problems, at least the principle to preserve original shapes of wooden architectural heritage should be secured even though fire prevention facilities are installed and the installation process should be regulated by laws considering features of fire on wooden architectural heritage so that fire prevention performance can be guaranteed. The directions to improve installing system through legalization of design, construction, and audit review institutions and legalization of the technical standards for fire prevention facilities were suggested to guarantee performance when establishing fire prevention facilities for wooden architectural heritage.

International Legal Measures of Protection of Critical Infrastructure Facilities in Banking Sphere

  • Oleg, Batiuk;Oleg, Novikov;Oleksandr, Komisarov;Natalia, Benkovska;Nina, Anishchuk
    • International Journal of Computer Science & Network Security
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    • v.22 no.10
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    • pp.145-154
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    • 2022
  • Based on the obtained results of the study, the most problematic issues and legal conflicts are identified, which are related to the ratio of norms of domestic and foreign legislation, taking into account the requirements of the Constitution of Ukraine and the provisions of the Law of Ukraine "On international agreements". Along with this, it is stated in this scientific article that there are a number of provisions and examples of positive practice on the specified topic abroad and in international legal acts today, which should be used by Ukraine both in improving legislation on the issues of banking activity and in increasing the level of criminal legal protection of relevant critical infrastructure facilities, especially those that are substantively related to prevention and counteraction of activity, with regard to the legalization (laundering) of criminally obtained funds, financing of terrorism and the financing of the proliferation of weapons of mass destruction, which is quite relevant for our state, given the military conflict that is taking place on its territory in the Donbass. Again, in the same context, the need for more active cooperation between Ukraine and the FATF (international body developing a policy to combat money laundering) has been proven.

Human Rights and Civil Freedoms: Anthropological Approach in the Theory of Law in the Age of Information Technology

  • Gavrilova, Yulia;Dzhafarov, Navai;Kondratuk, Diana;Korchagina, Tamara;Ponomarev, Mikhail;Rozanova, Elizabeth
    • International Journal of Computer Science & Network Security
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    • v.22 no.11
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    • pp.199-203
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    • 2022
  • The article aims at studying the institution of human rights and civil freedoms with due regard to the anthropological approach in the theory of law. To the greatest extent, the provisions of non-classical legal science are confirmed in the Anglo-Saxon legal family, which endows the judge with law-making functions. In this regard, the role of a person in the legal sphere is increasing. The main research method was deduction used to study the anthropological approach to the institution of human rights and freedoms. The article also utilizes the inductive method, the method of systematic scientific analysis, comparative legal and historical methods. To solve the task set, the authors considered the legal foundations and features of human rights and freedoms in the modern world. The article proves that the classical legal discourse, represented by various types of interpretation, reduces the rule of law to the analysis of its logical structure and does not answer the questions posed. It is concluded that the prerequisite for the anthropological approach in the theory of law is the use of human-like concepts in modern legislation (guilt, justice, peculiar ferocity, child abuse, willful evasion, conscientiousness).

Legal Protection and Lawsuit Trends in the Fashion Industry -An Analysis of Cases in Korea and the U.S.- (패션산업의 법적 보호와 소송 동향 -한국과 미국의 사례를 중심으로-)

  • Lee, Jisun;Chun, Jaehoon
    • Journal of the Korean Society of Clothing and Textiles
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    • v.44 no.6
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    • pp.1120-1138
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    • 2020
  • This study focused on the increasing fashion industry disputes that have resulted from the development of technology and industry. This study examines the improvement of domestic law, along with U.S. precedents that represents a larger fashion market and more legislative cases than Korea. Analyzing previous studies in Korea and the U.S. for theoretical background, it has uncovered limitations that apply to fashion design-related cases, rather than entire lawsuits involving various fashion industries. This study divided litigation into lawsuits involving products, human resources, and other lawsuits (such as incidents such as breach of contract, and portrait rights). Therefore, most lawsuits are related to products because of false socio-cultural perceptions about design imitation in the fashion industry. Lawsuits related to human resources are expected to arise due to the expansion of the Korean fashion industry and the expansion of overseas markets. Finally, new and unexpected conflicts will arise as the environment and social structure diversify. The importance of this study is that real case analysis can help reduce disputes because it can resolve legal instability due to the ambiguity of the interpretation of current law and suggest implications for dispute resolution.

Consumer Protection in E-commerce: Synthesis Review of Related Books

  • Alharthi, Saud Hamoud
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.413-419
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    • 2022
  • To have a complete and comprehensive understanding of the research subject and to form an integrated legal framework for it, I have sought comprehensively to cover the major written literature on the issue under consideration. I also benefitted from a wide range of research and academic studies pertaining to the same topic, although that literature did not specifically address the issue of consumer rights in electronic contracting in the Saudi e-commerce system. Rather, it addressed only the civil and criminal protection of the consumer in e-commerce.

A research on the selection of subject and its legal and institutional guarantee concerning protection of the intellectual property of traditional medicine (전통의약분야의 지적 재산권 보호를 위한 대상 발굴 및 법적.제도적 보장 방안 연구)

  • Kim, Hong-Jun;Lee, Sang-Jung;Ju, Young-Sung
    • Korean Journal of Oriental Medicine
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    • v.8 no.2 s.9
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    • pp.47-65
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    • 2002
  • This project is planned to grasp the present situation of traditional medicine part in our country and to study protection method about this by the intellectual property which is the international concerning point recently. Through this, we will be able to devise means to deal with protection method of traditional medicine being developed by WIPO now. Traditional medicine field In our country Is organized with specific condition separated into the part of institution and the part of non-institution. So, because of the closed peculiarity, we have experienced the difficulties to understand the real facts about traditional medicine. We cannot be indifferent to the matter anymore. Because the expectation of object people is high, we could expect the realization of research content. In 1 detail project, we investigated the situation of traditional medicine in our country through various collecting methods for excavation of oriental treatment technique and herb medicine which is worth protecting. With it, we sorted again into 56 kinds of 11 parts through analysis of validity in the way of oriental medicine. And we tried to link this up 2 detail project which is about legal and institutional guarantee concerning protection. furthermore, we tried to find approach ways for security of objectivity into 4 steps with the example of model disease. we could complete practical classification of traditional medicine in our country. In 2 detail project, we studied the protection method by the intellectual property through research result in 1 detail project. For this, we observed an outline of the intellectual property including a patent application analysis in folk traditional medicine part, and problems of traditional medicine protection and world trend by traditional knowledge protection tendency and the patent law In domestic traditional medicines, the aspects unprotectable with the patent law now were remained. So, we suggested supplementary plan. And we also suggested the freedom of utilization between traditional medicine possession countries (in-situ utilization) and the demand compensation payment for a third country (ex-situ utilization) in connection with international movement.

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