• Title/Summary/Keyword: Personal Information Law

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Limitations and Challenges of Game Regulatory Law and Policy in Korea (현행 게임규제정책의 한계와 과제 : 합리적인 규제를 위한 고려사항)

  • Kwon, Hun-Yeong
    • Journal of Information Technology Services
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    • v.13 no.3
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    • pp.149-164
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    • 2014
  • The laws and policies governing Korea's game regulations are becoming more and more topics for debate as we enter the Age of Internet. The nature of the basis for Internet regulations and policies are not rooted in freedom of speech or fundamental values of democracy, but rather focused on solving real-world problems such as protection of the youth. Furthermore, the reality is that regulatory devices for keeping the social order such as regulating gambling are being applied directly to games without consideration on the characteristics of Internet gaming, raising concerns that the expansion of constitutional values and innovative empowerment inherent to the Internet are being weakened. The Geun-Hye Park Administration which succeeded Myung-Bak Lee's Administration, even went so far as to implement the so-called "Shutdown Policy", which prohibits access to Internet games during pre-defined time zones and also instigated a time zone selection rule. In order to curb the gambling nature of Internet games, government-led policies such as the mandatory personal identification and prohibition of player selection or in other words mandatory random player selection are being implemented. These institutions can inhibit freedom of speech, which is the basis of democracy, violate the right of equality through unreasonable discrimination between domestic and foreign service providers, and infringe upon the principles of administrative law, such as laws, due process in policies, and balance in among policies and governmental bodies. Going forward, if Korea's Internet game regulations and polices is to develop in a rational manner, regulatory frameworks will need to be designed to protect the nature of the Internet and its innovative values that enable the realization of constitutional values; for example, the Internet acting as the "catalytic media for freedom of expression as a fundamental human right ", which has already been acknowledged by the Korea's Constitutional Court. At the same time, transparent procedures should be put into place that will allow diverse participation of stakeholders including game service providers, game users, the youth and parents in the legislation and enforcement process of regulatory institutions; policies will also need to be transformed to enable not only regulatory laws but also self-regulation system to be established. And in this process, scientific and empirical analysis on the expected effects before introducing regulations and the results of enforcing regulations after being introduced will need to be strengthened.

Evaluation of Foodservice Managers' Perception on Safety Management in Childcare Centers and Kindergartens (보육시설 및 유치원 급식 관리자의 위생관리 인식도 조사)

  • Park, Hyung-Soo;Lee, Kyung-Mi;Seol, Hye-Rin;Park, Ki-Hwan;Ryu, Kyung
    • Korean Journal of Community Nutrition
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    • v.14 no.1
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    • pp.87-99
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    • 2009
  • The purpose of this study was to investigate the perception of foodservice managers in childcare centers and kindergartens for identifying the vulnerable areas of safety management. The foodservice managers in 1,144 of nationwide childcare centers and kindergartens were surveyed from May to October 2007 to answer a total 72 questions in areas of general characteristics, actual practice of foodservice management and safety management perception. Meals were served in 97.7% of surveyed facilities and 91.0% among them were self-operated. The hiring rate (27.8%) of dietitians in childcare centers was significantly lower than the rate (82.0%) of kindergartens. The needs of dietitian employment between childcare centers and kindergartens differed as 44.9% and 87.5%, respectively. In knowledge on food-borne illnesses, they have the wrong information in the field of season for frequent outbreak, major pathogens and foods causing food-borne illnesses. The food-borne illnesses (36.2%) were indicated as the major problem in foodservice facilities and the degree of risk exposure was considered as safe (70.1%). More than 70% of both facilities answered as sanitary in the status of personal hygiene. Only 38.0% recognized the Facility and Equipment Standard in the Childcare Law and Early Childhood Education Law. In preparation of meals and management of cooking processes, kindergarten scored significantly high compared to childcare centers (p < 0.05 or p < 0.01) while the necessity of standards was not different in both facilities. Among managers surveyed, 28.8% had taken food safety education from professional institutions and more than 80% in both facilities indicated the need of professional educations. These results suggest that it is necessary for the systematic sanitary education of foodservice managers by developing the sanitary management standard as well as the amendment of laws related foodservice in childcare centers and kindergartens.

A Study on Intensifying Efficiency of Presidential Security Service Organization through the Analysis of Press Media (언론매체 분석을 통한 대통령경호조직의 효율성 제고에 관한 연구)

  • Kim, Il Gon;Ahn, Young Kyu
    • Convergence Security Journal
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    • v.14 no.1
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    • pp.23-32
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    • 2014
  • Quantitative rise and This study carried out qualitative research by utilizing NVivo 10 focusing on the contents of mass media such as newspaper or internet on the presidential security service up to the Park Geun-hye government from the 3rd Republic of Korea, which was established the presidential security service. The aim is to present opinion so that the presidential security organization can strengthen capability and function within the governmental organization down the road based on the contents of categories, which were elicited through this. First, there is a need of solidifying the internal stability with the expansion in the activity sphere of organization and of externally approaching the public with removing sense of difference caused by offering personal protection only to some of the privileged class in the meantime. Second, it is the foundation of a reason related to crime in a cause for Discharge by Authority pertinent to "law on security for president and others" in Article 10 in order to prevent a criminal act of having abused the task characteristic and the position superiority or an external pressure act related to intervention in rights. Third, there is a need of making it recognized as very important organization with putting differentiation from other organizations of the government by providing the disciplinary level more strictly than "disciplinary order on public officials" based on particularity and importance dubbed presidential security service along with correspondingly applying "disciplinary order on public officials" in Article 31 in accordance with "enforcement ordinance of law on security for president and others" in terms of service negligence and false-information report in relation to task performance.

Pastor's Expectations from Parish Nurses (목회자의 목회간호에 대한 역할기대)

  • Kim, Chung-Nam;Kwon, Young-Sook
    • Research in Community and Public Health Nursing
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    • v.7 no.1
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    • pp.154-169
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    • 1996
  • Parish nursing is a community health nursing role developed in 1983 by Lutheran chaplain Granger Westberg. An increasing emphasis on holistic care, personal reseponsibility for a healthy lifestyle, and changes in healthcare delivery systems have undoubtedly facilitated the establishment and nurturance of an innovative nursing role in the community. Parish nurses are functioning in a variety of church congregations of various denominations. The parish nurse is a educator, a personal health counselor, a coordinator of volunteers. The parish nurses helps people relate to the complexed medical care system and assists people to integrate faith and health. The autors conducted a study on pastor's expectations from parish nurses. Results of this study will be useful to those instrumental in planning, initiating, supporting, and evaluating a parish nurses program The research was done on 130 pastors in Taegue and Kyong Sang Buck Do, of various ages ranging from their 20's to 60's: and pastoring churches of various sizes, ranging from under 100 to over 300 members. 94.6% agreed that they needed a parish nurse on their staff; and 86.2% said they wanted to start a parish nurse program in their churches if certain basic conditions were met. The pastors responded that some would hire the nurses on a full-time basis(22.3%), a part -time basis (37.7%) or use volunteer nurses (40%). The pastors said they would expect the following from a parish nurse: health counselling (80.0%) regular health check-ups (78.5%) health care for the elderly (78.5%) health information and education (72.3%) hospice care (72.3%) visiting sick church members at home (69.2%) arranging and training volunteers to help the seek (59.2%) health care for expectant mothers (50.0%) introducing and taking people to health care facilities (46.2%) The pastors were surveyed about specific areas of health education they would want the parish nurse to teach(for example, high blood pressure and heart disease prevention and management(76.2%) ; stress management(74.6%); and diabetes prevention and management(73.8%). The pastors were surveyed about specific areas of health counselling they would expect the parish nurse to do (for example, drug abuse, (73.1), alcohol abuse(64.6%), marriage conflict(60.0%), recovery after the loss of a loved one(56.9%), and women's conflict with parents-in-law(53.8%). The pastors were surveyed about types of things they would want included in regular health check-ups, what they would want a parish nurse to do on home visits, and what they would want included in home care for the elderly. They were also surveyed on what kind of spiritual care they would like parish nurses to give. Most (90.7%) wanted their parish, parishioners to be involved in the parish nurses program as volunteers, and in a variety of ways(such as visiting sick in their homes(68.5%) and helping with housework(63.1%) and taking sick people to health facilities(60%). Parish nurses role, activities, and boundaries of practice should be continuously monitored and refined and a 'case manager' should be conceptualized as an additional or all-encompassing role. An initial parish / community needs and readiness assessment should be done prior to establishing a program to detemine if the congregation is ready, willing, and able to support such a position for at least a 2 to 3 year period.

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Standards of Due Diligence and Separation of Responsibilities in the Division of Labor in Medicine (분업적 의료행위에 있어서 주의의무위반 판단기준과 그 제한규칙들)

  • Choi, Hojin
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.41-72
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    • 2018
  • In the division of labor (or teamwork) in medicine, the responsibility of medical and nursing staff should be separated or distributed to justify negligent criminal offenses. The present work refers to the standards by which the due diligence and responsibility of the individual persons are to be determined and delimited. In this context, it has been proven that objective theory as a measure of due diligence is appropriate. From a moral point of view, when assessing due diligence, it makes sense to impose greater individual or higher performance demands on the perpetrator, but law and order require that due diligence should result from socially relevant human behavior. To give objective measure of negligence and to provide the highest level of personal responsibility, so that man can not be burdened too much responsibility and it is accordingly with an equality theorem. Afterwards some points are presented, which should be considered in a concrete fact in the determination of the medical negligence. Medical action has specific characteristics such as professionalism, discretionary and exclusive, unbalance of information. These characteristics distinguish medical actions from general negligence. The general level of knowledge, the urgency, working condition and working environment of the medical facility, duration of the professional practice, assessment of the medical activity are crucial in this context. As a standard of delineation of due diligence, I have used the permitted risk and the principle of trust. In the horizontal division of labor, the principle of trust applies. The principle of trust applies in principle in cases of division of labor interaction, when doctors in the same hospital exercise their own specific occupational field or everyone works in another hospital. However, this is not true for every case. In the vertical division of labor, the principle of trust does not apply and the senior physician can not trust the assistant doctors. In this case, the principle of trust is converted into a duty of supervision for assistant doctors by the senior physician. This supervision requirement could be used as a random check.

A Study of the Research the Right to be Forgotten from 2010 (잊힐 권리에 관한 연구동향 분석: 2010년 이후 국내 연구를 중심으로)

  • Shim, Mina
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.26 no.4
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    • pp.1073-1084
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    • 2016
  • The purpose of this study is to present the correct direction of research in related fields by analyzing the trends in the domestic study right to be forgotten. In this study, the final selection of 80 pieces of research papers in various disciplines to search for the study and were analyzed by setting the seven criteria and three research questions. Results, notice that significantly increase the amount of research around the social sciences, starting with the EU rules(draft) has been published in 2012, and around the problem navigating the Law oriented research actively done through a literature review and legal research methods can. Intensive study of the protected rights and the conflict in time towards the latter subject was also increased. The right to be forgotten when considering that big data, digital information such diverse and complex technical issues (service), which still lacks support the implementation of the rights ithil research is desperately needed to know the future with the realization that the scope and research methods. The purpose of this study is to present the research direction of the limits intended for domestic research, but realize effective right to be forgotten by future foreign comparative analysis.

The Reserch on Actual Condition of Crime of Arson Which Occurs in Korea and Its Countermeasures (방화범죄의 실태와 그 대책 - 관심도와 동기의 다양화에 대한 대응 -)

  • Choi, Jong-Tae
    • Korean Security Journal
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    • no.1
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    • pp.371-408
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    • 1997
  • This article is the reserch on actual condition of crime of arson which occurs in Korea and its countermeasures. The the presented problem in this article are that (1) we have generally very low rate concern about the crime of arson contrary to realistic problems of rapid increase of crime of arson (2) as such criminal motives became so diverse as to the economic or criminal purpose unlike characteristic and mental deficiency of old days, and to countermeasure these problems effectively it presentation the necessity of systemantic research. Based on analysis of reality of arson, the tendency of this arson in Korea in the ratio of increase is said to be higher than those in violence crime or general fire rate. and further its rate is far more greater than those of the U.S.A. and Japan. Arson is considered to be a method of using fire as crime and in case of presently residence to be the abject, it is a public offense crime which aqccompany fatality in human life. This is the well It now fact to all of us. And further in order to presentation to the crime of arson, strictness of criminal law (criminal law No, 164 and 169, and fire protection law No. 110 and 111) and classification of arsonist as felony are institutionary reinforced to punish with certainty of possibility, Therefore, as tendency of arson has been increased compared to other nations, it is necessary to supplement strategical policy to bring out overall concerns of the seriousness of risk and damage of arson, which have been resulted from the lack of understanding. In characteristics analysis of crime of arson, (1) It is now reveald that, in the past such crime rate appeared far more within the boundary of town or city areas in the past, presently increased rate of arsons in rural areas are far more than in the town or small city areas, thereby showing characteristics of crime of arson extending nation wide. (2) general timetable of arson shows that night more than day time rate, and reveald that is trait behavior in secrecy.(3) arsonists are usually arrested at site or by victim or report of third person(82,9%).Investigation activities or self surrenders rate only 11.2%. The time span of arrest is normally the same day of arson and at times it takes more than one year to arrest. This reveals its necessity to prepare for long period of time for arrest, (4) age rate of arson is in their thirties mostly as compared to homicide, robbery and adultery, and considerable numbers of arsons are in old age of over fifties. It reveals age rate is increased (5) Over half of the arsonists are below the junior high school (6) the rate of convicts by thier records is based on first offenders primarily and secondly more than 4 time convicts. This apparently shows necessity of effective correctional education policy for their social assimilation together with re-investigation of human education at the primary and secondary education system in thier life. The examples of motivation for arosnits, such as personal animosity, fury, monetary swindle, luscious purpose and other aims of destroying of proof, and other social resistance, violence including ways of threatening, beside the motives of individual defects, are diverse and arsonic suicide and specifically suicidal accompany together keenly manifested. When we take this fact with the criminal theory, it really reveals arsons of crime are increasing and its casualities are serious and a point as a way of suicide is the anomie theory of Durkheim and comensurate with the theory of that of Merton, Specifically in the arson of industrial complex, it is revealed that one with revolutionary motive or revolting motive would do the arsonic act. For the policy of prevention of arsons, professional research work in organizational cooperation for preventive activities is conducted in municipal or city wise functions in the name of Parson Taskforces and beside a variety of research institutes in federal government have been operating effectively to countermeasure in many fields of research. Franch and Sweden beside the U.S. set up a overall operation of fire prevention research funtions and have obtained very successful result. Japan also put their research likewise for countermeasure. In this research as a way of preventive fire policy, first, it is necessary to accomodate the legal preventitive activities for fire prevention in judicial side and as an administrative side, (1) precise statistic management of crime of arson (2) establishment of professional research functions or a corporate (3) improvement of system for cooperative structural team for investigation of fires and menpower organization of professional members. Secondly, social mentality in individual prospect, recognition of fires by arson and youth education of such effect, educational program for development and practical promotion. Thirdly, in view of environmental side, the ways of actual performance by programming with the establishment of cooperative advancement in local social function elements with administrative office, habitants, school facilities and newspapers measures (2) establishment of personal protection where weak menpowers are displayed in special fire prevention measures. These measures are presented for prevention of crime of arson. The control of crime and prevention shall be prepared as a means of self defence by the principle of self responsibility Specifically arsonists usually aims at the comparatively weak control of fire prevention is prevalent and it is therefore necessary to prepare individual facilities with their spontaneous management of fire prevention instead of public municipal funtures of local geverment. As Clifford L. Karchmer asserted instead of concerns about who would commit arson, what portion of area would be the target of the arson. It is effective to minister spontaveously the fire prevention measure in his facility with the consideration of characteristics of arson. On the other hand, it is necessary for the concerned personnel of local goverment and groups to distribute to the local society in timely manner for new information about the fire prevention, thus contribute to effective result of fire prevention result. In consideration of these factors, it is inevitable to never let coincide with the phemonemon of arsons in similar or mimic features as recognized that these could prevail just an epedemic as a strong imitational attitude. In processing of policy to encounter these problems, it is necessary to place priority of city policy to enhancement of overall concerns toward the definitive essense of crime of arson.

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The Design and Implementation of The Amendment Statement Automatic Generated System for Attached Tables in Legislation (법령 내 별표 서식에 대한 개정지시문 자동 생성 시스템의 설계 및 구현)

  • Cho, Sung Soo;Jo, Dae Woong;Kim, Myung Ho
    • Journal of the Korea Society of Computer and Information
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    • v.19 no.4
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    • pp.111-122
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    • 2014
  • Legislation are social norms that give directly or indirectly, huge impact on the social or corporate, personal problems, unlike a normal document. Also, over time it has a feature constantly changing by the laws enactment and amendment, repealed. The amendment statement automatic generated system is used for purpose of proclamation to those. However, existing system is able to generate amendment statement just text body of law how compare and analyze the current legislation and amendment legislation. However, actual legislation to be created attached table of the table form in complex structure besides simple text form as body text. In this paper, we additional implement attached table processing to existing the amendment statement automatic generated system that containing the table does not handle attached table. We were analyse to the amendment statement generated grammar and table structure in attached table of the legislation for processing to attached table. Also proposed a method to compare attached table in the table. So, it is enable the automatic generation with amendment statement which various forms of legislation the documents.

The Present Status of and Development Plans for Legal Technology in the Fourth Industrial Revolution (4차 산업혁명시대 법정보기술의 현황과 발전방안)

  • Lee, Sung-Jin;Lee, Yeon-Ju;Son, Hyoung-Kun;Kim, Gi-Bum
    • Informatization Policy
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    • v.28 no.1
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    • pp.3-21
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    • 2021
  • Klaus Schwab's discussion on the Fourth Industrial Revolution provides a framework for predicting the direction of legal technology development. Technological convergence, which has emerged as the core concept of the Fourth Industrial Revolution has a significant effect on legal technology. In particular, various new technologies, such as legal chatbots and platforms, are being introduced to enhance efficiency and accessibility in the legal field. However, legal technology is still in its early stage, with institutional improvement needed to vitalize the industry. In this paper, we first specify the concept and classification of legal technology in Chapter 2, followed by trends and limitations in Chapter 3 and ways of vitalizing legal technology in the future in Chapter 4. To invigorate legal technology development, it is necessary to put in place legal regulatory measures that stipulate the active disclosure of legal data, such as precedents, and make free use of such measures. In the law, many issues, such as the safety of artificial intelligence, personal information protection, and ethical standards, will be discussed in the future. Therefore, via this paper, we hope to promote the formation of social consensus and prepare countermeasures, such as legislative measures.

Probleme nach geltendem Recht „Richtlinien für die Verwendung von Gesundheitsdaten" ('보건의료 데이터 활용 가이드라인'의 현행법상 문제점)

  • Lee, Seok-Bae
    • The Korean Society of Law and Medicine
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    • v.22 no.4
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    • pp.3-35
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    • 2021
  • Inmitten der Flut der privaten und öffentlichen Information gilt die riesige Informationsmenge als Schlüsselressource im Zeitalter der 4. industriellen Revolution, repräsentiert durch Big-Data. Das Interesse an diesen wächst weltweit. Es gibt eine aktive Diskussion darüber, wie man Daten sichert und akkumuliert und wie man die gesammelten Daten sicher und effektiv nutzt. Gesundheitsdaten werden vor allem als die wertvollste Ressource bewertet, für die Big-DataTechnologie eingesetzt wird. Um Gesundheitsdaten sinnvoll zu nutzen, müssen verteilte Gesundheitsdaten integriert und den Benutzern in einer Form zur Verfügung gestellt werden, die für Forschung oder Inspektion verwendet werden kann. In einer Situation, in der große Länder um den Aufbau bzw. die Führung der Datenwirtschaft konkurrieren, wurden im August 2020 auch in Südkorea die sog. „3-Daten-Gesetze" geändert, die das Datenschutzgesetz(DSG) enthälten. Das DSG führte das Konzept der pseudonymen Informationen ein und baute eine Rechtsgrundlage für deren Verwendung auf. Als Folgemaßnahme kündigte die, Kommission für den Schutz personenbezogener Daten(Personal Information Protection Commission: PIPC)' die „Richtlinien für die Bahandlung mit pseudonymen Informationen" und, Ministerium für Gesundheit und Wohlfahrt' die „Richtlinien für die Verwendung von Gesundheitsdaten" an. Gesundheitsdaten stehen direkt in Zusammenhang mit Leben und Körper des Menschen und damit enthalten viele sensible Daten. Es handelt sich also um ein System, das aus einer vorsichtigeren und konservativeren Sicht unter der Voraussetzung verwendet werden kann, personenbezogene Daten sicherer zu schützen. Um die Hauptinhalte der „Richtlinien für Verwendung von Gesundheitsdaten" zu analysieren, überprüften wir zunächst die Hauptinhalte des überarbeiteten DSG. Danach durch die Analyse der wesentlichen Inhalte der „Richtlinien für Verwendung von Gesundheitsdaten" wurden Probleme wie Konflikte mit anderen Gesetzen und Verbesserungsmaßnahmen überprüft.