• Title/Summary/Keyword: Legal reason

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The Importance of Qualitative Approach to Managing the Regulatory Lag of Convergence New Products: Focusing on the Certification of Compliance of New Products of Industrial Convergence (융합 신제품 규제 시차 관리를 위한 정성적 접근의 중요성: '산업융합 신제품의 적합성 인증제도'를 중심으로)

  • Kim, Hyung-Jin
    • Informatization Policy
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    • v.29 no.3
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    • pp.26-47
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    • 2022
  • "The certification of compliance of new products of industrial convergence" (hereinafter referred to as "certification of compliance") is a legal certification system in accordance with the Industrial Convergence Promotion Act through which a convergence new product can be officially certified without legislation when the certification standards applicable to the product are not yet provided. Unlike other certification systems, the certification of compliance is characterized by the role of resolving the certification difficulties driven by the regulatory lag of convergence new products. Nevertheless, studies that analyzed the certification of compliance in detail from the viewpoint of regulatory improvement were surprisingly rare. Through the sequential matching of the steps of certification of compliance with the process from the occurrence of a regulatory problem to resolution, our study provided clear understanding as to how the regulatory lag could be reduced by the procedure for certification of compliance. Furthermore, we divided the perspective on regulatory lag management into quantitative and qualitative, and the structures and practices of certification of compliance were then analyzed from the two perspectives. By doing this, the present study emphasized that the fundamental reason the certification of compliance could effectively solve the regulatory lag problem of convergence new products was not only the quantitative elements such as legal deadlines for each step but also several qualitative approaches to securing the quality of every stage.

The Experimental Research of Protection Behavior depends on Privacy Concern about Personal Information Protection on Privacy Policy for KakaoTalk Users (개인정보 취급방침의 인지가 개인정보보호 행동에 미치는 영향: 카카오톡 이용자를 중심으로)

  • Lee, Eun Suk;Lee, Zoon Ky;Cha, Kyung Jin
    • The Journal of Society for e-Business Studies
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    • v.21 no.2
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    • pp.135-150
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    • 2016
  • As the privacy issues are all around the world, the intrusion into personal privacy is concerning. For that reason, government established the article from the personal information protection law that has to notice the privacy policy to users on the online site. and the matter of privacy invasion make concern toward behavior of online user. Although there are rules to carrying legal binding force in accordance with, because it is full of text and uncomfortable to read so that its readability is low. In the same context, each other has different state of understanding with the policy for personal information has been playing an important role. In this approach, companies and government do not think this over deeply and do just for what their practical use is. That is the reason why this research start, and the result expecting for real. As the result in the participant who cognize the privacy policy display pattern, they have certain type to do. In this article, the certain behavior doing is remarkable with the privacy policy. According to privacy concern, privacy fundamentalist reveals such a compromise reaction to protect their information when they know what information which the privacy manager of service provider collect. This study arrives at the result depending on the gap of privacy group that the group of checking the policy contents, especially the group which has high privacy concern, they move forward to protect their emotion and put a constructive plan into protective action. Otherwise, the group of unchecking the policy contents and following their own thinking of privacy policy are not deemed statistically significant. Therefore, this is considered to support more various implications than the previous issues and alternatives about privacy policy pattern and user protection behavior of privacy.

A Study on the Introduction of Arbitration Appeal System (중재상소제도 도입에 관한 연구)

  • Hong, Seok-Mo
    • Journal of Arbitration Studies
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    • v.20 no.1
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    • pp.3-20
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    • 2010
  • Traditionally, finality has been regarded as one of virtues of arbitration. However in many cases absence of appeal process in arbitration is also a factor deterring people from choosing arbitration. Even though unsatisfied party may resort to a court for annulment of an award, it is allowed only when there are procedural defects. When there are substantive defects in matters of fact or matters of law, it is not easy or almost impossible to bring the case on the table again. The introduction of arbitration appeal process has been discussed in international arbitration fora, and some countries have already been adopting appeal process. Realizing this trend, it is time for us to consider adopting similar appeal process. Arbitration being based on the party autonomy, there's no good reason to prohibit appeal when the parties agree to do so. Arbitration appeal should be allowed within arbitration system itself, rather than resorting to a court, so that many virtues of arbitration can be maintained in the appeal. In designing an arbitration appeal system, following measures should be considered: minimum amount in dispute to trigger the right of appeal should be set in order to reduce the volume of appeal; losing appellant should be responsible for the legal cost of his opponent in order to deter non-meritorious appeals; time limits on initial appeal application and subsequent briefs should be set in order to accelerate appeal process; and, appeal tribunals should be composed of more experienced arbitrators in order to provide more accurate award. If we are equipped with a well designed appeal process within arbitration system, Korea will be able to emerge as an attractive international arbitration forum.

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A Comparison of Safety Management System between Accident-occurred Companies and Accident-free Companies in which Press Machine are Used (프레스 보유 사업장에서 재해 발생 사업장과 무재해 사업장의 안전관리 시스템 비교)

  • Shin, Woonchul
    • Journal of the Korean Society of Safety
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    • v.28 no.6
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    • pp.1-5
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    • 2013
  • Notorious press machine bothers employers by causing so many industrial accidents which are mostly of caught-in or between type. In 2008, press machines caused 1665 cases of such type of accidents, which reached about 11% of all those. Even though various approaches has been adopted to prevent those press machine accidents, up to now, no one was found to be satisfactory. In this study, two kinds of companies, accident-occurred and accident-free by press machine, were surveyed to find out positive and negative factors for accidents prevention. 400 companies which experienced accidents in 2008 and 200 companies which did not experience accident at all during the same period were selected for this survey. Most of these companies are small companies that employ less than 50 employees. Even though small companies are exempted from legal obligations to have a safety management system for accident prevention, we surveyed about safety management systems of those companies because of its crucial importance for accident prevention including whether they appointed safety managers and various supervisors. Awareness and efforts for safety of employers and employees were also measured. Results were analysed by the method of cross tabulation analysis. Main findings of this study are as follows. Most accident-occurred companies did not appoint any safety manager or supervisor. While it is recommended that the workplace of high accident rate have a safety manager. In addition, as less employers' effort for safety was made in accident-occurred companies in order to prevent accidents during press processing, the author proposes an amendment to the relevant law. Finally, the most referred reason for the negligence of hazard is the cumbersomeness in installing safeguards.

Development Guidelines of Environmental planning Indicators for Environmentally friendly Urban and Architectural Planning (친환경적 도시건축계획을 위한 환경계획지표개발의 방향)

  • Chang, Dong-Min
    • KIEAE Journal
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    • v.1 no.2
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    • pp.5-12
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    • 2001
  • Through the harmony of natural and artificial systems a city is composed of, the ecology-oriented urban planning seeks for qualitative improvements of a city on which our life is based. To enhance the ecology-oriented urban planning, the followings are suggested by a comparative analysis of Korea with Germany regarding the development process, the instruments, and the establishment of indicators for the planning. Firstly, though our national land development plan is closely connected with B-plan, it has little to do with the natural environment. Moreover, the natural environment plan of the Ministry of Environment is almost impossible to carry out in terms of urban construction work. For this reason, the instrument for dealing with the development and environment plan systems together as well as the completion of the current plan system is needed for the ecologically acceptable urban development in the long term. Secondly, in order to realize what is mentioned above in the concrete it seems to be desirable for the system and the instrument to be devised at the extent of B-plan. The regulations of the plan should have strong legal binding force and practicality as well. The element of ecology-oriented urban planning are (1) degree of independence and appropriate density, (2) conservation of natural elements such as soil, water, animals and plants etc., (3) energy saving in land use, (4) activation of B-plan and inducement of active participation of residents. Thirdly, it will be useful to develop various kinds of indicators for the environment plan provided in advance so that the ecology-oriented urban developments may be under control. It also should be taken into consideration that the indicators are supposed to be comprehensive, representative, and practical enough to make the most of at the early stage of drawing up a plan. The kinds of indicators which can be used in the ecology-oriented urban development include (1) soil, (2) water, (3) vegetation and plants, (4) animals, (5) climate, and (6) transportation.

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A Study on the Decision Making Model for the Introduction of the Financial Institution's Cloud Systems (금융기관 클라우드 시스템 도입을 위한 의사결정 모델에 대한 연구)

  • Lee, Hee-Seok;Kim, In-Seok
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.28 no.3
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    • pp.743-763
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    • 2018
  • It has been 10 years since the concept of cloud system has emerged. Despite the fact that the cost-effectiveness and security of cloud systems has been proven, financial companies are reluctant to adopt cloud systems. Financial institutions are reluctant to adopt the cloud system because of the strong regulation of financial authorities in relation to the leakage of customer information However, more important reason why financial institutions hesitate to introduce cloud systems is the lack of direction and standards for the introduction of cloud systems by financial institutions. This study examines the legal and institutional constraints on the introduction of cloud systems in financial institutions and suggests decision models for determining whether cloud systems can be applied and how cloud systems are configured when financial institutions construct IT systems. We hope that this research will be helpful for establishing direction of cloud system introduction of many financial institutions.

Korean HIV/AIDS Policy on International Migrants: Comparing with OECD Countries

  • Lee, Jung-Whan;Sohn, Ae-Ree
    • Korean Journal of Health Education and Promotion
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    • v.23 no.5
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    • pp.47-73
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    • 2006
  • Objectives: This study aims to identify gaps between knowledge regarding migration and the spread of HIV/AIDS, to improve understanding of migrants with HIV/AIDS and their human rights, and to make suggestions for Korean policy makers to reform laws and policies towards granting migrants with HIV/AIDS more human rights and access to treatment and care. Methods: This study is based on an extensive literature review, questionnaire surveys and in-depth interviews from randomly selected 8 countries from 5 different continents: Japan from Asia; Australia from Oceania; Finland, Germany, Ireland and United Kingdom(UK) from Europe; and Canada and United States of America(USA) in North America. Results: This study has found that Korea has a discriminating policy regarding HIV/AIDS and foreigners. Classifying HIV/AIDS into a legal communicable disease, it requires a presentation of HIV/AIDS test results from foreigners wanting a long-term stay before entering. In principle, foreigners with HIV/AIDS cannot either enter or stay in Korea. If they are known infected with HIV/AIDS by any reason, they became to face an immediate deportation regardless of their sojourn statuses and purposes. Conclusion: With the results, this study suggests three reasons why Korean government needs to change the current HIV/AIDS policy on foreigners: 1) HIV-related travel restrictions have no public health justification, 2) its strict HIV/AIDS policy on foreigners could result in restriction on the mobility and migration of its people by the other countries, inversely, and 3) it needs to meet international guidelines and to observe conventions that international organizations suggest to maintain its status as a member of the international society.

Ensuring the Admissibility of Mobile Forensic Evidence in Digital Investigation (모바일 포렌식 증거능력 확보 방안 연구)

  • Eo, Soowoong;Jo, Wooyeon;Lee, Seokjun;Shon, Taeshik
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.26 no.1
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    • pp.135-152
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    • 2016
  • Because of the evolution of mobile devices such as smartphone, the necessity of mobile forensics is increasing. In spite of this necessity, the mobile forensics does not fully reflect the characteristic of the mobile device. For this reason, this paper analyzes the legal, institutional, and technical considerations for figuring out facing problems of mobile forensics. Trough this analysis, this study discuss the limits of screening seizure on the mobile device. Also, analyzes and verify the mobile forensic data acquisition methods and tools for ensuring the admissibility of mobile forensic evidence in digital investigation.

A Study on the Regional Cooperation for the Prevention of Marine Pollution in the Yellow Sea (황해에 있어서의 해양오염방지를 위한 지역적 협력에 관한 연구)

  • 이윤철;최성규
    • Journal of the Korean Institute of Navigation
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    • v.16 no.2
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    • pp.41-52
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    • 1992
  • It is, as everyone knows, very important for human beings to protect and conserve marine environment. We has believed the ocean is so wide and deep that it cannot be polluted. But it has begun to doubt the capacity of self-purification of the ocean due to pollution arising from marine casualities. It has proved that semi-enclosed sea is likely to be polluted and cannot be restored easily once pollution occurs. Therefore, first of all it is important to take preventive measures for prevention of marine pollution in the semi-enclosed sea like the Yellow Sea. Many of regional conventions for prevention of marine pollution have come into existence. this dissertation was set out for the fact that the Yellow Sea is semi-enclosed sea which is vulnerable to marine pollution. It is desirable not to deal with marine preservation of the Yellow Sea by a single exclusively but to deal with it by cooperation of all coastal states under the present circumstances. I proposed a program of regional cooperation to protect and conserve the Yellow Sea. This program must be progressed with gradual arrangements. First, they must establist a basic cooperation committee to work basic affairs on the protection of marine environment within the Yellow Sea. The Committee Mainly play parts of study and research concerned with pollution of the Yellow Sea in the non-governmental side and consist of legal and scientific experts. Second, they must establish the control Committee to prevent marine pollution of the Yellow Sea substantially. There is a reason that regional cooperation cannot be directly concluded with the regional tready. Because there is a problem of Recognition of States left. In principle, a subject of tready must be a state in the International Law. But they have not made Recognition of State which is demanded by International Law between North and South Koreas. Therefore, the Control committee must play a substantial part of prevention from pollution instead of the treaty. Finally, we concluded tentatively named $\ulcorner$Convention on Regional Cooperation for Protection of Marine Environment of the Yellow Sea from Pollution$\lrcorner$ if the matter is settled which is related to Recognition of States in the International Law.

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Level of User Awareness for Illegal Downloading of Movie Content (영상 컨텐츠 불법 복제에 관한 사용자 의식 수준)

  • Rhee, Hae-Kyung;Kim, Hee-Wan
    • The Journal of the Korea Contents Association
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    • v.9 no.11
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    • pp.212-224
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    • 2009
  • Proliferation of high performance internet infrastructures finally allows their users download a single copy of regular movie just within in a couple of seconds. Ease of accesses to the software for downloading consequently leads them insensitive to the ethics or legitimacy of their conduct. Thus, strong legal action is enforced for piracy over nationally through strengthen the copyright law. We in this paper conducted a survey to see whether netizens prefer to download just for the matter of their convenience. Whilst the level of awareness is addressed even in a far-fetched manner in the area of music piracy and computer software piracy, the case of movie is much different in that we even fail to find any survey that has been made for movie piracy. The survey has been made by devising questionnaires for netizens and it was posted web WorldSurvey, which is the most prominent online survey site in Korea. To our surprise, 9 out of 10 respondents expressed they actually resort to illegal downloading for the reason of convenience. We realized one more surprise. More than 95% of netizens conspicuously aware of their downloading behaviors are mischievous and illegal without reservation.