• Proceedings of the Korean Society of Computer Information Conference
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• 2015.07a
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• pp.121-123
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• 2015

본 논문에서는 잊혀질 권리에 대한 법정책적 검토를 논하고자 한다. 잊혀질 권리는 다른 기본권과 충돌할 수밖에 없기 때문에 이 권리를 법률로 구체화하는데 다각적인 학제 간 연구가 선결문제로써 검토되어야 한다. 정보 주체에게 잊혀질 권리를 법제화하는 것은 그 정보를 사용하려는 사람의 표현의 자유 및 국민의 알권리를 제한하는 결과를 초래하기 때문에 일정한 한계를 노출할 수밖에 없다. 비록 현행 개인정보보호법 및 정보통신망 이용촉진 및 정보보호 등에 관한 법률 제44조의 2는 개인정보의 파기제도를 신설하여 부분적으로 잊혀질 권리를 반영하고 있지만 헌법상 중요한 가치인 프라이버시권과 표현의 자유 및 알권리의 조화롭게 균형을 찾는 것이 선행과제인 것이다.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.303-333
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• 2014

The right to self-determination in regard to one's body is a key element of human dignity, privacy and freedom. It is constitutionally enshrined in the guarantee of human dignity, in the general right of personality and, most concretely of all, in the right to physical integrity. In principle No-one may trespass another person's body against his will, whether this act improves his physical condition or not. This right of self-determination applies equally to healthy and to sick people. Hence everyone has the right either to permit or to refuse a medical treatment, unless he can not make a rational decision. If the person does not consent himself, for whatever reason, another one must do for him as guardian. Representation in consent to medical treatment is therefore the exception of self-determination rule. This article explored, 1. who can consent to the medical treatment in the case of the mentally incapacitated adult and the infant, 2. what kind of consent to the medical treatment can the deputy determinate for the mentally incapacitated adult and the infant, 3. when the deputy can not determinate without permission of the court, and 4. what can the doctor do in the case of conflict between minors and guardians.

• Journal of Korean Clinical Nursing Research
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• v.29 no.3
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• pp.261-270
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• 2023

Purpose: This study aimed to identify the influence of knowledge of personal information protection law and nursing patient advocacy on practice of personal information protection among nurses. Methods: The subjects were 130 nurses who have worked for six months or more in the ward of the tertiary or general hospitals. Data were collected from February 20 to March 3, 2023. Results: Factors influencing practice of personal information protection were acting as an advocate (β=.32, p=.004), environmental and educational influences (β=.21, p=.040), knowledge of personal information protection law (β=.19, p=.013) and clinical experience for five years or more but less than ten years (β=.17, p=.036). The regression model showed an explanatory power of 34.0%. Conclusion: Acting as an advocate has the most effect on practice of personal information protection. To promote practice of personal information protection for nurses, it is necessary to provide education related to privacy protection and encourage nursing patient advocacy.

• The Journal of Society for e-Business Studies
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• v.17 no.4
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• pp.155-174
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• 2012

As Online Behavioral Advertising is dramatically growing with usefulness of information and user convenience in recent years, there are privacy issues caused by collecting user's behavioral information without their consent. To tackle the problem, the need of Do Not Track regulations is getting much higher. In Korea, however, it has never existed. So, this study is examining the case of the major countries have been enforcing the law and regulations of DNT. After that, it is classified with four domain (law/regulation, corporation, individual, society) to include all stakeholders of OBA. Furthermore, this study may have academic significance by suggesting DNT framework through analysis of them. Providing DNT mechanism consisted of three type (behavioral information, control, DNT system), it can be useful guidelines for companies to support decision making as introduced DNT. As analyzed between DNT and stakeholders based on the study of OBA market, it will be useful basic material of OBA study later.

• The Journal of Society for e-Business Studies
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• v.25 no.4
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• pp.1-14
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• 2020

IT businesses in Korea have relatively strong regulations. While providing the same service, domestic businesses are in a situation of 'reverse discrimination of regulations' as they are less competitive than global IT companies in accordance with the application of the personal information protection legislation in Korea. In this paper, Personal Information Protection legislation was classified and laws of major countries were analyzed in comparative ways. It also compared and analyzed the "private policy" presented by representative Internet sites (Naver, Daum, Google, Facebook) that provide services to users in Korea. We also proposed three aspects of legislation improvement to address reverse discrimination.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.21 no.5
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• pp.169-179
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• 2011

Recent personal data breach incidences draw the public's attention to their privacy and personal rights. The new personal data protection law effective in September 2009 imposes additional legal responsibility on personal data controllers and processors. For instance, if a data breach occurs, this new law requires that the processors must notify individuals (data subjects) and data protection authorities of the nature of incidents. This research reviews the U.S. forty six state laws and related acts, and offers a framework for managing incidents. This framework includes five major components: (1) type of personal data required to be reported and notified, (2) the ultimate subject notifying data subjects, (3) event occurrence and notification time phases, (4) notification message details, and (5) direct/indirect communication media. Along with this framework, we also offer directions for effective/manageable guidelines on data breach notification act.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.21 no.5
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• pp.129-139
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• 2011

Recently by the privacy & data security law, when a user registers the online membership, we need to take action to check a progress of identification without resident registration number. On the most of websites, I-PIN is used by identification instead of the resident registration number. However, I-PIN causes dangerous situations if someone steals the ID and a password, the personal data can be easy to exposure. In this paper, we propose the OTP, which can solve all these problems by guaranteeing the identification of unlinkability. This type of method would help the process of membership registration without fixed data like ID and a password in online so it would be very useful to security of private data.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.19 no.6
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• pp.135-144
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• 2009

This paper discusses an issue of serious security risks at web log which contains private information, and suggests solutions to protect them. These days privacy is core information to produce value-added in information society. Its scope and type is expanded and is more important along with the growth of information society. Web log is a privacy information file enacted as law in South Korea. Web log is not protected properly in spite of that has private information It just is treated as residual product of web services. Many malicious people could gain private information in web log. This problem is occurred by no classified data and improper development of web application. This paper suggests the technical solutions which control data in development phase and minimizes that the private information stored in web log, and applies in operation environment. It is very efficient method to protect private information and to observe the law.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.16 no.12
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• pp.4062-4080
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• 2022

COVID-19, a highly infectious disease, has affected the globe tremendously since its outbreak during late 2019 in Wuhan, China. In order to respond to the pandemic, governments around the world introduced a variety of public health measures including contact-tracing, a method to identify individuals who may have come into contact with a confirmed COVID-19 patient, which usually leads to quarantine of certain individuals. Like many other governments, the South Korean health authorities adopted public health measures using latest data technologies. Key data technology-based quarantine measures include:(1) Electronic Entry Log; (2) Self-check App; and (3) COVID-19 Wristband, and heavily relied on individual's personal information for contact-tracing and self-isolation. In fact, during the early stages of the pandemic, South Korea's strategy proved to be highly effective in containing the spread of coronavirus while other countries suffered significantly from the surge of COVID-19 patients. However, while the South Korean COVID-19 policy was hailed as a success, it must be noted that the government achieved this by collecting and processing a wide range of personal information. In collecting and processing personal information, the data minimum principle - one of the widely recognized common data principles between different data protection laws - should be applied. Public health measures have no exceptions, and it is even more crucial when government activities are involved. In this study, we provide an analysis of how the governments around the world reacted to the COVID-19 pandemic and evaluate whether the South Korean government's digital quarantine measures ensured the protection of its citizen's right to privacy.

• The Journal of the Korea Contents Association
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• v.12 no.10
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• pp.159-168
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• 2012

Freedom of speech is indispensable in Democracy. It is a rink among government agencies. Mass media as institutionalized means which forms public opinion impacts quite a few to a society. Mass media as a life media in our daily lives has characteristics of speed and prompt report. It is difficult to measure the effect on a society. Mass media is a lifeline in democracy because it has freedom of opinion for seeing, listening, speaking, and criticizing about the people's right to know in an information society. Our Constitution also guarantees freedom of the press, information(peoples's right to know), report, the collection of news, and edition. Because an unnecessary thing about a privacy is reported by mass media, it can violate defamation. This study seeks to be unbiased in reporting and what the principles of the Constitution for minimizing an invasion of a person's privacy is. This study also seeks freedom of speech and the right to know. In case that a personal honor is invaded by a mass media and a publication, this study provides the Constitution basis, Criminal Law basis, and Civic Law basis for remedy violation. A report for apology on newspaper and by television was widely used as "a proper punishment for honor recovery in the past". The constitutional court had decided that including the report of apology for "a proper punishment of honor recovery" in the article 764 of the Civic Law as a reason of freedom of conscience and the violation of personal rights was against the Constitution. Therefore, this study examples what is a legal remedy in practical?, where is legal basis of special remedy in the Civic Law, and what is a method by the Press Arbitration Law compared with the examples of other countries. On the other hand, because a mass media may injure a person's honor and infringe a person's privacy, if the report is categorized as a malicious press, the true role which mass media has to do may not demonstrated. In conclusion, this study was to minimalize infringement of mass media to a person and to seek a realistic alternative of a legal remedy.