• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.373-401
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• 2015

The UAV(Unmanned Aerial Vehicle, Drone) technology has been undergoing rapid progress, accompanied with a growth in the market. However, domestic industry standards and technology lag behind such progress happening on the international scene, and in particular in developed countries. Related regulations are also deemed lacking to address the issues that arise with such developments. Meanwhile, as the rise of UAV technology is a fairly recent phenomenon, the gap between Korea and developed countries is not too big. As this technology has high relevance to information and communication technologies, it also offers ample leeway for Korea to catch up in the field of UAV. As such, this paper seeks to provide a survey of the overall technology, market and regulations concerning UAV to identify possible measures on how to address any issues that may arise through proper policies. Due to the progress made in the field of UAV technology and increased penetration rate, striking a right balance between putting in place a proper regulatory system and establishing policies that foster growth in the field has risen as a very important issue. While the importance of establishing a legal system that helps prevent possible risks is indeed important, it must also be acknowledged that excessive regulation can also hinder technological progress. This, in turn would stagnate the market and dampen the entrepreneurial spirit in the society. In the case of new, practical technologies such as UAV, a prompt establishment of regulatory systems and policy measures in terms of policies is a requisite. In brief, in order to promote progress in the UAV industry and at the same time, for public safety and the protection of privacy, there should be an appropriate level on the easing and tightening of the regulation.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.16 no.2
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• pp.71-85
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• 2016

The purpose of this research is to study technical and policy improvements of carrier billing services, which are a developing and growing industry, by adopting a meta-analysis method. Implications were derived from studying 15 years-worth of academic research papers (from 2001 to 2015), by analyzing the trends over a total of 109 such research papers on carrier billing services. First, looking at the characteristics of the main studies of the papers from 2008 to 2009, it papers appeared that dealt with preventing fraudulent transactions and preserving consumer protection. Privacy, policy proposals and studies for new systems were researched from 2010-2012. Service, success factors, damage prevention systems research, law, and institutions were discussed in 2013-2015 mainly. Second, the research showed that the number of carrier billing service studies increased due to social issues(telecommunications billing services deregulation, the emergence smartphones, fraud). Third, in sectorial research results, technology was the focus area of 47 papers (43.1%), the service sector was the focus of 39 pieces (35.8%) and law and policy improvement accounted for 23 pieces (21.1%). The study of technology and service areas was the most active and according to changes in the environment, law and policy improvement were second to most active. This study will contribute to improving relevant institutions and research directions about study trends in carrier billing services.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.367-418
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• 2018

Just as safety is the most important thing in aviation, safety is the most important in the operation of unmanned aircraft (RPA), and safety operation is the most important in the legal responsibility of the operator of the unmanned aircraft. In this thesis, the legal responsibility of the operator of the unmanned aircraft, focusing on the responsibility of the operator of the unmanned aircraft, was discussed in depth with the issue of insurance, which compensates for damages in the event of an accident First of all, the legal responsibility of the operator of the unmanned aircraft was reviewed for the most basic : definition, scope and qualification of the operator of the unmanned aircraft, and the liability of the operator of the Convention On International Civil Aviation, the ICAO Annex, the RPAS Manual, the Rome Convention, other major international treaties and Domestic law such as the Aviation Safety Act. The ICAO requires that unmanned aircraft be operated in such a manner as to minimize hazards to persons, property or other aircraft as a major principle of the operation of unmanned aircraft, which is ultimately equivalent to manned aircraft Considering that most accidents involving unmanned aircrafts fall to the ground, causing damage to third parties' lives or property, this thesis focused on the responsibility of operators under the international treaty, and the responsibility of third parties for air transport by Domestic Commercial Act, as well as the liability for compensation. In relation to the Rome Convention, the Rome Convention 1952 detailed the responsibilities of the operator. Although it has yet to come into effect regarding liability, some EU countries are following the limit of responsibility under the Rome Convention 2009. Korea has yet to sign any Rome Convention, but Commercial Act Part VI Carriage by Air is modeled on the Rome Convention 1978 in terms of compensation. This thesis also looked at security-related responsibilities and the responsibility for privacy infringement. which are most problematic due to the legal responsibilities of operating unmanned aircraft. Concerning insurance, this thesis looked at the trends of mandatory aviation insurance coverage around the world and the corresponding regulatory status of major countries to see the applicability of unmanned aircraft. It also looked at the current clauses of the Domestic Aviation Business Act that make insurance mandatory, and the ultra-light flight equipment insurance policy and problems. In sum, the operator of an unmanned aircraft will be legally responsible for operating the unmanned aircraft safely so that it does not pose a risk to people, property or other aircraft, and there will be adequate compensation in the event of an accident, and legal systems such as insurance systems should be prepared to do so.

• Journal of the Korean Society for information Management
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• v.36 no.4
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• pp.253-277
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• 2019

In the era of the 4th Industrial Revolution, the importance of data is intensifying, but there are many cases where it is not easy to use data due to personal information protection. Although criminal justice information is expected to have various useful values such as crime prediction and prevention, scientific investigation of criminal investigations, and rationalization of sentencing, the use of criminal justice information is currently limited as a matter of legal interpretation related to privacy protection and criminal justice information. This study proposed to convert criminal justice information into 'crime data' and use it as big data through the structuralization and categorization of criminal justice information. And when using "crime data," legal issues, value in use, considerations for data generation and use were verified by experts, and future strategic development plans were identified. Finally we found that 'crime data' seems to have solved the privacy problem, but it is necessary to specify in the criminal justice information related law and it is urgent to be organized in a standardized form for analysis to use big data. Future directions are to derive data elements, construct a dictionary thesaurus, define and classify personal sensitive information for data grading, and develop algorithms for shaping unstructured data.

• Informatization Policy
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• v.19 no.1
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• pp.74-90
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• 2012

This thesis analyzes the Apple Inc.'s case from the viewpoint of the necessity for the protection of information privacy related to location data as for information society and ubiquitous community. Meanwhile, the regulatory conformity to equilibrium of contradictional value between personal data protection and utilization of information is debated from the fundamental right as for constitutional law concept to the commercial and technological structure in terms of economic and business point. Therefore, this paper reaches the conclusion that the legislative system should form a harmonious relationship between legal protection and lawful utilization to reappraise the present condition of legalization on personal data protection from guaranteeing rights and interests of information subject in the perspective of human rights to information guarantee consequently. As a result, it is required to revaluate the lawfulness of the fine on the violation of administrative duty levied by KCC(Korea Communications Commission).

• Korean Security Journal
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• no.53
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• pp.211-228
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• 2017

In May 2012, the police was empowered to electronically obtain location information of mobile devices from the telecommunication service provides for the purpose of rescue by the Act on the Protection, Use, ETC. of Location Information, after years of pressure with repeated serious violent crime outbreaks and controversy concerning the risk of breaching privacy. This study examines the environmental, legal, and technological challenges related to location tracking at the time of five years after the amendment of the law. The bottom line of police's locating power is to secure the lives of people in deadly emergent circumstance. Therefore, location tracking using given information should be swiftly proceeded after consideration and judgment of justification in timely manner to electronically request information to mobile carriers, and it is necessary to have somewhat flexibility of interpretation to be applied to diverse situation. In addition, location tracking technology should be continuously updated through cooperation with the stake-holders. Recognizing substantial problems in practice, we identified and explored the issues including obtaining prior consent for tracking the user's location in case of emergency, confirmation of emergency situation requiring police presence, qualification of legitimate requester, and limited applicability in various circumstances, which are required to reconsidered in conjunction with the personal information protection laws. Additional practical issues may include the expenses for information provision and other incentives to promote active cooperation by the telecom companies.

• Korean Journal of Social Welfare
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• v.56 no.1
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• pp.5-22
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• 2004

The notion of independence is currently a focal point in public discourses in relation to the elderly. In most countries, the promotion of independence, not the alleviation of dependence, has been addressed as a priority goal in the formulation of social policies for the elderly and the term of independence is used in policy documents as if it were unproblematic. In most cases, policy documents do not offer a clear definition of independence, but generally the term is interpreted as self-sufficiency and health. Accordingly, in order to promote independence of the elderly, concrete strategies such as employment, social activities, participation, direct payments are being introduced in many advanced countries. This study critically reviews these discourses and strategies, and attempts at developing an understanding of how independence and dependence is constructed in contemporary social policies for the elderly. It is our critical point that we explores the meaning of the independence and dependence from the perspective of the elderly. Findings of this study are as follows: The elderly participated in this study tended to construct the meaning of 'independence' as privacy, self-esteem, autonomy and freedom. They also tended to perceive and interpret, from their perspective, the 'dependence' as a natural law and process, affection among human beings, reward and fruit of their lives, social justice and social responsibility. In this sense current policies for the elderly have not fully reflected the perspective of the elderly. Therefore, it is argued what is important in policy formulations for the elderly is to make efforts to reflect the perspective of the elderly on policy-makings for the elderly in terms of independence and dependence.

• Clinical and Experimental Reproductive Medicine
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• v.40 no.4
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• pp.169-173
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• 2013

Objective: To measure Irish opinion on a range of assisted human reproduction (AHR) treatments. Methods: A nationally representative sample of Irish adults (n=1,003) were anonymously sampled by telephone survey. Results: Most participants (77%) agreed that any fertility services offered internationally should also be available in Ireland, although only a small minority of the general Irish population had personal familiarity with AHR or infertility. This sample finds substantial agreement (63%) that the Government of Ireland should introduce legislation covering AHR. The range of support for gamete donation in Ireland ranged from 53% to 83%, depending on how donor privacy and disclosure policies are presented. For example, donation where the donor agrees to be contacted by the child born following donation, and anonymous donation where donor privacy is completely protected by law were supported by 68% and 66%, respectively. The least popular (53%) donor gamete treatment type appeared to be donation where the donor consents to be involved in the future life of any child born as a result of donor fertility treatment. Respondents in social class ABC1 (58%), age 18 to 24 (62%), age 25 to 34 (60%), or without children (61%) were more likely to favour this donor treatment policy in our sample. Conclusion: This is the first nationwide assessment of Irish public opinion on the advanced reproductive technologies since 2005. Access to a wide range of AHR treatment was supported by all subgroups studied. Public opinion concerning specific types of AHR treatment varied, yet general support for the need for national AHR legislation was reported by 63% of this national sample. Contemporary views on AHR remain largely consistent with the Commission for Assisted Human Reproduction recommendations from 2005, although further research is needed to clarify exactly how popular opinion on these issues has changed. It appears that legislation allowing for the full range of donation options (and not mandating disclosure of donor identity at a stipulated age) would better align with current Irish public opinion.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.21 no.3
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• pp.117-130
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• 2011

In a situation where worldwide free trade between countries has expanded recently, our country is being rapidly pushed FTA agreements with the financial developed countries such as United States, EU. According to the agreement, the user information of foreign financial companies in Korea is expected to be transfered overseas. In this paper, we need to define the scope and the definition about the transfer of information and analyze the relating domestic and foreign laws preparing for Cross Border Financial Information Transfer. Also, we review the expected issues about the transfer of information divided into institutional and technical sectors and arc presented the policy implication such as differentiation of regulatory information, enactment and amendment of Personal Information Protection Law(Draft) and related regulations, ensuring the safety of financial companies, raise the standard guidelines of the transfer of information. We refers to the needs for policy formulation to differentiate our privacy information from financial information to protect the privacy of users. The proposed countermeasures in this paper is expected to be helpful the measures to prepare for other institutions such as banks and supervisory authorities prepare for the future Cross Border Financial Information Transfer according to PTA.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.75-111
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• 2020

The civilian drone world has evolved in recent years from one dominated by hobbyists to growing involvement by companies seeking to profit from unmanned flight in everything from infrastructure inspections to drone deliveries that are already subject to regulations. Drone flight under the property right relation with the land owner would be deemed legal on the condition that expeditious and innocent passage of drone flight over the land be assured. The United Nations Convention on the Law of the Sea (UNCLOS) enshrines the concept of innocent passage through a coastal state's territorial sea. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state. A vessel in innocent passage may traverse the coastal state's territorial sea continuously and expeditiously, not stopping or anchoring except in force majeure situations. However, the disturbances caused by drone flight may be removed, which is defined as infringement against the constitutional interest of personal rights. For example, aggressive infringement against privacy and personal freedom may be committed by drone more easily than ever before, and than other means. The cost-benefit analysis, however, has been recognjzed as effective criteria regarding the removal of disturbances or injunction decision. Applying that analysis, the civil action against such infringement may not find suitable basis for making a good case. Because the removal of such infringement through civil actions may result in only the deletion of journal article. The injunction of drone flight before taking the information would not be obtainable through civil action, Therefore, more detailed and meticulous regulation and criteria in public law domain may be preferable than civil action, at present time. It may be suitable for legal stability and drone industry to set up the detailed public regulations restricting the free flight of drone capable of acquiring visual information amounting to the infrigement against the right of personal information security.