• Title/Summary/Keyword: Preventing Illegal Act

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A Study on Preventing Illegal Acts in Electronic Elections (전자투표상에서의 부정 행위 방지에 관한 연구)

  • 박희운;이임영
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.8 no.4
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    • pp.95-110
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    • 1998
  • 정보화 사회를 거치면서 네트워크의 발전과 관련해 많은 응용 분야들이 연구되고 있는데, 그 중에서도 암호학을 이용한 전자 투표의 비중이 증대되고 있다. 이러한 전자 투표는 그 중요성에도 불구하고, 아직까지 취약한 점이 많이 산재해 있다. 특히, 전자 투표를 총괄하는 선거 관리 위원회가 부정을 저지를 경우 투표 자체의 신뢰성은 무너지게 되며, 투표권의 매매가 성립할 경우에는 전자 투표에 있어 치명적인 악영향을 미치게 된다. 따라서 본 논문에서는 기존의 투표를 전자 투표로 적용시키는 과정에서 어떠한 요소들이 필요한지 확인해 보고, 선거 관리 위원회의 부정 방지 및 투표 매매 방지를 위한 요구 조건을 살펴볼 것이다.그리고 기존의 전자 투표 방식들이 이러한 위협 요소들에 대해 어떻게 대처하고 있는지를 고찰한 뒤에 더욱 효율적이고 안전한 전자 투표 방식을 제안한다.

Public Records Disposition Oversight Program : A Case Study of the NARA's Records Management Oversight and Reporting Program (공공기록물의 평가·폐기에 대한 감독제도 연구 미국의 기록관리 감독·보고 프로그램을 중심으로)

  • Seol, Moon-won;Park, In-seon
    • The Korean Journal of Archival Studies
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    • no.62
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    • pp.41-75
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    • 2019
  • Although we expect the Records Freezing system to be introduced through the revision of the Public Records Management Act, the system alone has limitations in preventing illegal disposal of records. If some records have already been destroyed illegally, the agency should identify the reason and prepare corrective action and improvement measures to prevent the repetition of such a wrongful disposal. The purpose of this study is to analyze the NARA's inspection program for unauthorized disposal based on the "Records Management Oversight and Reporting Program" and to find implications for improving the control system of public records disposal. NARA's program is particularly effective in the prevention and post-processing of unauthorized disposal. In this study, firstly, the federal records management oversight and reporting program in the United States was investigated in the legal system. Secondly, the status of NARA's control of unauthorized disposal cases was reviewed and a case of SEC's MUI records was analyzed for showing the systematic procedure of NARA's inspection. Finally, we have summed up the implications of this program for improving NAK's control system of illegal disposal of public records.

A Study on Act on Certified Detective and Certified Detective Business (공인탐정 관련 법률(안)의 문제점과 개선방안에 관한 연구)

  • Kim, Bong-Soo;Choo, Bong-Jo
    • Korean Security Journal
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    • no.61
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    • pp.285-305
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    • 2019
  • In the bill of [Act on Certified Detective and Certified Detective Business] (hereinafter referred to as the Certified Detective Act) proposed and represented by the member of National Assembly, Lee Wan-Yong in 2017, the legislative point of view showed that various incidents and accidents, including new crimes, are frequently increasing as society develops and becomes more complex, however, it is not possible to solve all the incidents and accidents with the investigation force of the state alone due to manpower and budget, and therefore, a certified detective or private investigator are required. According to the decision of the Constitutional Court in June 2018, Article 40 (4) of the Act on the Use and Protection of Credit Information is concerned with 'finding the location and contact information of a specific person or investigating privacy other than commerce relations such as financial transactions' are prohibited. It is for the purpose of preventing illegal acts in the process of investigation such as the location, contact information, and the privacy of a specific person and protecting the privacy and tranquility of personal privacy from misuse and abuse of the personal information etc. Such 'privacy investigation business' currently operates in the form of self-employment business, which becomes a social issue as some companies illegally collect and provide such privacy information by using illegal cameras or vehicle location trackers and also comes to be the objects of clampdown of the investigative agency. Considering this reality, because it is difficult to find a resolution to materialize the legislative purpose of the Act on the use and protection of credit information other than prohibiting 'investigation business including privacy etc' and it is possible to run a similar type of business as a detective business in the scope that the laws of credit research business, security service business, the position of the Constitutional Court is that 'the ban on the investigations of privacy etc' does not infringe the claimant's freedom to choose a job. In addition to this decision, the precedent positions of the Constitutional Court have been that, in principle, the legislative regulation of a particular occupation was a matter of legislative policy determined by the legislator's political, economic and social considerations, unless otherwise there were any special circumstances, and. the Constitutional Court also widely recognized the legislative formation rights of legislators in the qualifications system related to the freedom of a job. In this regard, this study examines the problems and improvement plans of the certified detective system, focusing on the certified detective bill recently under discussion, and tries to establish a legal basis for the certified detective and certified detective business, in order to cultivate and institutionalize the certified detective business, and to suggest methodologies to seek for the development of the businesses and protect the rights of the people.

1970 UNESCO Convention on the Illicit Trafficking of Cultural Property and its Legal Implementations in the Republic of Korea (문화재 불법 거래 방지에 관한 1970년 유네스코 협약의 국내법적 이행 검토)

  • Kim, Jihon
    • Korean Journal of Heritage: History & Science
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    • v.53 no.4
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    • pp.274-291
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    • 2020
  • This year is the 50th anniversary of the adoption by UNESCO in 1970 of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property (the '1970 Convention'). Since its ratification of the 1970 Convention in 1983, the Republic of Korea has domestically implemented the Convention through its Cultural Heritage Protection Act, which was first enacted in 1962. This is a different form of implementation than is normally used for other UNESCO Conventions on cultural heritage, in that the Republic of Korea has recently adopted special acts to enforce the 2003 Convention for the Safeguarding of Intangible Cultural Heritage and the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage. In addition, the 1970 Convention has been developed further through the introduction of new Operational Guidelines in 2015 for the concrete enforcement of the Convention, which has provided momentum for the Republic of Korea to analyze its current national legislation related to the 1970 Convention as well as consider its amendment in the future. Overall, the Cultural Heritage Protection Act of the Republic of Korea effectively reflects the duties of States Parties under the 1970 Convention. These include measures to introduce export certificates, prohibit the import of stolen cultural property, return other state parties' cultural property, and impose penalties or administrative sanctions in the event of any infringements. Indeed, the Republic of Korea's implementation of the 1970 Convention was introduced as an example of good practice at the Meeting of State Parties in 2019. However, changes in the illegal market for cultural property and development of relevant international law and measures imply that there still exists room for improvement concerning the legal implementation of the 1970 Convention at the national level. In particular, the Operational Guidelines recommend States Parties to adopt legal measures in two respects: detailed criteria for due diligence in assessing bona-fide purchasers, referring to the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, and measures to address the emerging issue of illegal trade in cultural property on internet platforms. Amendment of the Cultural Heritage Protection Act and other relevant laws should be considered in order to duly reflect these issues. Taking that opportunity, concrete provisions to facilitate international cooperation in respect of the implementation of the 1970 Convention could be introduced as well. Such measures could be expected to strengthen the Republic of Korea's international legal cooperation to respond to the changing environment regarding illicit trafficking of cultural property and its restitution.

A Research on Management System of Herbal Medicine in Common Use for Food and Medicine (식약공용 한약재의 관리 방안에 관한 연구)

  • Kweon, Kee-Tae
    • The Korea Journal of Herbology
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    • v.27 no.2
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    • pp.25-29
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    • 2012
  • Objectives : This article reviews a solution preventing the illegal distribution of herbal medicine in common use for food and medicine and risks on public health by conducting safety management of food and medicine. Also, this article would like to contribute to improvement of public health treating diseases in compliance with accurate diagnosis and prescription of Oriental Medicine Doctor("OMD")'s. Methods : An approach in this research can be categorized into two : first, to examine the current administrative situation and problems of herbal medicine in common use for food and medicine based on policy documents of Ministry of Health and Welfare and Korea Food and Drug Adminstration("KFDA") and academic articles of the herbal medicine;second, to find reasonable administrative solutions to solve the problems. Solutions : A solution is to strengthen the management level of herbal medicine in common use for food and medicine by selecting 117 items as target items requiring concentrated management. In case herbal medicine is imported for food, KFDA strengthens the quality management level of herbal medicine by making use of inspection frequency at random, collecting and verifying herbal medicine on the market. However, KFDA decides to maintain current different quality specification system of food and medicine reflecting a civil complaint that quality specification of food and medicine should separately managed according to the purpose of use. Herbal medicine as medicine that is functioned as treating diseases and alleviating symptoms, unlike herbal medicine for food, can cure all kinds of diseases by recovering inner balance of human body, making use of other properties of herbal medicine. Medicine has its own properties. If a doctor uses properties of medicine appropriately, he cures diseases. If a doctor uses herbal medicine inappropriately. he may damage human body. Thus, whether side effects of medicine depend on a doctor who uses herbal medicine. Conclusions : All herbal medicine will be supplied into the market after strict safety control of manufacturers of herbal medicine according to the revised Pharmaceutical Affairs Act, beginning in April, 2012. Thus, people can take safer and more reliable herbal medicine through strengthening safety management of herbal medicine and improving quality and transparency in the distribution system. Herbal medicine should appropriately be prescribed by licensed OMD because herbal medicine is used to treat diseases and alleviate symptoms, unlike herbal medicine for food.

Performance Evaluation of Advance Warning System for Transporting Hazardous Materials (위험물 운송을 위한 조기경보시스뎀 성능평가)

  • Oh Sei-Chang;Cho Yong-Sung
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.4 no.1 s.6
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    • pp.15-29
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    • 2005
  • Truck Shipment Safety Information, which is a part of the development of NERIS is divided into Optimal Route Guidance System and Emergency Response System. This research is for establishing an advance warning system, which aims for preventing damages(fire, explosion, gas-escape etc.) and detecting incidents that are able to happen during transporting hazardous materials in advance through monitoring the position of moving vehicles and the state of hazardous materials in real-time. This research is peformed to confirm the practical possibility of application of the advance warning system that monitors whether the hazardous materials transport vehicles move the allowed routes, finds the time and the location of incidents of the vehicles promptly and develops the emergency system that is able to respond to the incidents as well by using the technologies of CPS, CDMA and CIS with testing the ability of performance. As the results of the test, communication accuracies are 99$\%$ in freeway, 96$\%$ in arterial, 97$\%$ in hilly sections, 99$\%$ in normal sections, 96$\%$ in local sections, 99$\%$ in urban sections and 98$\%$ in tunnels. According to those results, the system has been recorded a high success rate of communication that enough to apply to the real site. However, the weak point appeared through the testing is that the system has a limitation of communication that is caused in the rural areas and certain areas where are fewer antennas that make communication possible between on-board unit and management server. Consequently, for the practical use of this system, it is essential to develop the exclusive en-board unit for the vehicles and find the method that supplements the receiving limitation of the GPS coordinates inside tunnels. Additionally, this system can be used to regulate illegal acts automatically such as illegal negligence of hazardous materials. And the system can be applied to the study about an application scheme as a guideline for transporting hazardous materials because there is no certain management system and act of toxic substances in Korea.

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