• Title/Summary/Keyword: Privacy Laws

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Legal Research about the Public Offering of Director Compensation (이사보수의 공개에 관한 법적 연구)

  • Kwon, Sang-Ro
    • The Journal of the Korea Contents Association
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    • v.12 no.10
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    • pp.169-177
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    • 2012
  • Due to the influences of global financial crisis, countries are putting their efforts on the enhancement of appropriateness and transparency of director compensation. In several countries including Germany, the United States, the United Kingdom, France, and Italy, listed companies and financial institutions in certain levels make public announcement for compensations of individual directors, not the averages. Recently, even Asian countries including China, Hong Kong, and Singapore are introducing individual director compensation public announcement policies. On the other hand, in cases of companies, which must submit annual reports, under current Korean capital market laws and enforcement ordinances, they are obligated to mention 'total wage paid to all executives in that business year' on the annual report, but does not have to mention individual wages of each executive. About this, at the 17th national assembly, revised bill for the Securities and Exchange Act for companies to mention wages of each executive. The financial world is opposing to open individual director compensation to the public as they concern about the shrinking of outstanding human resources recruitment, breach of corporate confidence, privacy invasion, deterioration of labor-management relations, and downfall of the executive's management will as director compensation will be standardized downward; however, if public opening of individual director compensation is forced, domestic companies will prepare more objective and rational standards when they calculate director compensations, and moreover, it will prevent arbitrary intervention of dominant shareholders. Therefore, to clearly and efficiently control director compensation, we need regulations for obligating public opening of individual director compensation.

A Study on the Problems in the Use of CCTV by the Police and Some Proposals (경찰CCTV 운용상의 문제점과 개선방안)

  • Lee, Sang-Won;Lee, Seung-Chal
    • Korean Security Journal
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    • no.10
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    • pp.215-242
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    • 2005
  • As CCTV can be an effective tool to prevent or suppress crime at low cost, they have been widesoread in developed countries. In spite of their effectiveness, they infringe some constitutional rights such as the right to privacy, the right of likeness and the right to control over personal information. The police and ward offices install CCTV in public areas to prevent crimes without a legal basis or standard. When information obtained in such a way is used as investigation data for the police or as an evidence in a court, it can cause serious trouble. To solve this problem, legal restriction on the installation of CCTV as should be clearer. Since current laws on public agencies' protection of personal information are too general, they are not effective enough to protect personal information. Therefore, Personal Information Protection Organic Act should be enacted to make a legal basis for protecting comprehensive personal information. It should be obvious who installs CCTVs, who pay for the cost and how they are managed. Before installation, the police and ward offices should obtain residents' consent through a public hearing or voting (on the range and purpose of installation), or conduct an impact assessment. During installation, CCTVs should be limited to prevent or suppress crimes, keep public order and void dangers. In case of making a sign of installation, it must specify its rights. After installation(operation/management phase), they should abide by principles of information protection and try not to infringe constitutional right. In the cognitive aspect, the police should constitutional rights must be secured although it is important to carry out their missions. The police should serve citizens and change to the police of communities. Citizens should understand that constitutional right can be infringed if public order is not maintained. When citizens cooperate with the police, they fear of crimes will decrease.

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The Right To Be Forgotten and the Right To Delete News Articles A Critical Examination on the Proposed Revision of The Press Arbitration Act (기사 삭제 청구권 신설의 타당성 검토 잊힐 권리를 중심으로)

  • Mun, So Young;Kim, Minjeong
    • Korean journal of communication and information
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    • v.76
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    • pp.151-182
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    • 2016
  • The right to be forgotten (RTBF) has been a population notion to address privacy issues associated with the digitalization of information and the dissemination of such information over the global digital network. In May 2014, the European Court of Justice (ECJ) laid down a landmark RTBF decision to grant individuals the right to be de-listed from search results. ECJ's RTBF decision sparked an increased interest in RTBF in South Korea. Academic and non-academic commentators have provided a mistaken or outstretched interpretation of RTBF in claiming that removal of news articles should be read into RTBF in Korean law. Moreover, the Press Arbitration Commission of Korea (PAC) has proposed revising the Press Arbitration Act (PAA) to allow the alleged victims of news reporting to request the deletion of news stories. This article examines the notion of RTBF from its origin to the latest development abroad and also critically explores Korean laws regulation freedom of expression to evaluate if Korea needs the proposed PAA revision.

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A Study on the Liability of Information Protection for the Third Party Supply of Personal Information/Focus on Fintech Companies Using OPEN APIs (개인정보의 제3자 제공시 정보보호 관련 법상 책임에 관한 연구/OPEN API 이용 핀테크 기업을 중심으로)

  • Kim, Jo-eun;Kim, In-seok
    • The Journal of Society for e-Business Studies
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    • v.22 no.4
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    • pp.21-38
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    • 2017
  • It is actively opening the market to fintech companies through open platforms, such as financial institutions and public institutions. In this thesis, we will look at the conceptual differences between the "provision of third-party information" and "entrustment" of information protection related laws, such as the Personal Information Protection Act, the Act on Promotion of Information and Communications Network Utilization and Data Protection Etc (Network Utilization Protection Act). In addition, the legal obligation to provide information regarding the legal rights of information is considered to be relevant, whereas the legal obligation of the private information provided by the company is excessively mitigated, whereas the legal obligation of the company to provide information is excessively mitigated. In addition, I suggest self-diagnosis checklist to help fintech companies improve their privacy levels. It was found that the level of information protection was relatively insufficient compared to the consignees based on the results of a survey conducted for 31 fintech companies. Aggressive use of the checklist is suggested to raise the level of information protection for those companies.

A Study on the Which Facilities will Assume Charge of Management for the Private Investigation Business (민간조사업 관리.감독 기관 선정에 관한 연구)

  • Jung, Il-Seok;Park, Ji-Yong
    • Korean Security Journal
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    • no.21
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    • pp.135-154
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    • 2009
  • For the introduction of domestic private investigation act, with beginning of private investigation act bill by Ha Soon-bong in 1999, congressmen Choi Jae-chun, Lee Sang-bae, in 2005, Lee In-gi in 2008, and Kang Sung-chun in 2009 initiate the each bill, and many researches and studies in the academia about the private investigation act bill makes have a bright prospect toward to the bill. However, up to the present, there is a debating which services will charge for management for the private investigation business. It is important that which facilities will assume charge of management for the private investigation business because this is a cornerstone to set up a successful investigation act which fulfills a nation's needs in the future. According to the other countries which induced the act earlier, they, by perceiving the act as a part of the private security, manage the act by setting the police or the separate services such as committees. In municipal laws, there was a case suggesting The National Police Agency and The Justice Department as the facilities for the management and supervision, however, for the unification of administration for the whole private security, similarities of the private investigation and police service, privacy of police services, and development for the domestic private security business, the national police agency, taking care of the private security business, should be assigned as the department for management and supervision, additionally, suggestion to establish "The Management Committee for Private Investigation Business" as a separate facility under the national police agency is needed.

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Designing a Platform Model for Building MyData Ecosystem (마이데이터 생태계 구축을 위한 플랫폼 모델 설계)

  • Kang, Nam-Gyu;Choi, Hee-Seok;Lee, Hye-Jin;Han, Sang-Jun;Lee, Seok-Hyoung
    • Journal of Internet Computing and Services
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    • v.22 no.2
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    • pp.123-131
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    • 2021
  • The Fourth Industrial Revolution was triggered by data-driven digital technologies such as AI and big data. There is a rapid movement to expand the scope of data utilization to the privacy area, which was considered only a protected area. Through the revision of the Data 3 Act, laws and systems were established that allow personal information to be freely transferred and utilized under their consent. But, it will be necessary to support the platform that encompasses the entire process from collecting personal information to managing and utilizing it. In this paper, we propose a platform model that can be applied to building mydata ecosystem using personal information. It describes the six essential functional requirements for building MyData platforms and the procedures and methods for implementing them. The six proposed essential features describe consent, sharing/downloading/ receipt of data, data collection and utilization, user authentication, API gateway, and platform services. We also illustrate the case of applying the MyData platform model to real-world, underprivileged mobility support services.

A Mixed Method of Gap-jil Behavior in Educational Institutions : Focusing on abuse of authority (통합연구방법을 활용한 교육기관 내 갑질 행태에 관한 연구 : 권한남용을 중심으로)

  • Choi, Sung-Kwang;Choi, Ye-Na;Kim, Ok-Hee
    • Journal of Korea Entertainment Industry Association
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    • v.15 no.4
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    • pp.243-254
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    • 2021
  • This study analyzed the abuse of authority among the types of power abuse in educational institutions in order to create an educational climate in which democracy and equality are respected and to create a better education and an equal society. First, we analyzed the concept and cause of power abuse through literature research, and then explored the cases of members of educational institutions according to the type of abuse of authority through qualitative research to derive implications. As a result, abuse of authority within educational institutions were found as follows: additional work without consultation, transfer of duties, coercive and unilateral instructions using status, instructions violating laws and guidelines, private instructions for personal convenience, specific institutions, personal rights, and privacy. Based on this analysis, a policy was proposed. First, an agreed standard for abuse of authority, an institutional mechanism to mediate conflicts and complaints over abuse of authority, mandatory installation and legislation of the best decision body, active and transparent disclosure of information, and a shift to open and listening administration are needed. Second, analyzing and seeking ways to reduce overuse of authority in educational institutions will be the cornerstone for leading education's democracy and equality by creating a culture of mutual respect and communication among members of the organization. Hope that follow-up studies will be carried out and that the Gap-jil in educational institutions will be reduced to create a better educational environment.

Relative Importance Analysis of Management Level Diagnosis for Consignee's Personal Information Protection (수탁사 개인정보 관리 수준 점검 항목의 상대적 중요도 분석)

  • Im, DongSung;Lee, Sang-Joon
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.8 no.2
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    • pp.1-11
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    • 2018
  • Recently ICT, new technologies such as IoT, Cloud, and Artificial Intelligence are changing the information society explosively. But personal information leakage incidents of consignee's company are increasing more and more because of the expansion of consignment business and the latest threats such as Ransomware and APT. Therefore, in order to strengthen the security of consignee's company, this study derived the checklists through the analysis of the status such as the feature of consignment and the security standard management system and precedent research. It also analyzed laws related to consignment. Finally we found out the relative importance of checklists after it was applied to proposed AHP(Analytic Hierarchy Process) Model. Relative importance was ranked as establishment of an internal administration plan, privacy cryptography, life cycle, access authority management and so on. The purpose of this study is to reduce the risk of leakage of customer information and improve the level of personal information protection management of the consignee by deriving the check items required in handling personal information of consignee and demonstrating the model. If the inspection activities are performed considering the relative importance of the checklist items, the effectiveness of the input time and cost will be enhanced.

Ethical and Legal Implications of AI-based Human Resources Management (인공지능(AI) 기반 인사관리의 윤리적·법적 영향)

  • Jungwoo Lee;Jungsoo Lee;Ji Hun kwon;Minyi Cha;Kyu Tae Kim
    • Journal of the Institute of Convergence Signal Processing
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    • v.25 no.2
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    • pp.100-112
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    • 2024
  • This study investigates the ethical and legal implications of utilizing artificial intelligence (AI) in human resource management, with a particular focus on AI interviews in the recruitment process. AI, defined as the capability of computer programs to perform tasks associated with human intelligence such as reasoning, learning, and adapting, is increasingly being integrated into HR practices. The deployment of AI in recruitment, specifically through AI-driven interviews, promises efficiency and objectivity but also raises significant ethical and legal concerns. These concerns include potential biases in AI algorithms, transparency in AI decision-making processes, data privacy issues, and compliance with existing labor laws and regulations. By analyzing case studies and reviewing relevant literature, this paper aims to provide a comprehensive understanding of these challenges and propose recommendations for ensuring ethical and legal compliance in AI-based HR practices. The findings suggest that while AI can enhance recruitment efficiency, it is imperative to establish robust ethical guidelines and legal frameworks to mitigate risks and ensure fair and transparent hiring practices.

Analysis and Implication on the International Regulations related to Unmanned Aircraft -with emphasis on ICAO, U.S.A., Germany, Australia- (세계 무인항공기 운용 관련 규제 분석과 시사점 - ICAO, 미국, 독일, 호주를 중심으로 -)

  • Kim, Dong-Uk;Kim, Ji-Hoon;Kim, Sung-Mi;Kwon, Ky-Beom
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.225-285
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    • 2017
  • In regard to the regulations related to the RPA(Remotely Piloted Aircraft), which is sometimes called in other countries as UA(Unmanned Aircraft), ICAO stipulates the regulations in the 'RPAS manual (2015)' in detail based on the 'Chicago Convention' in 1944, and enacts provisions for the Rules of UAS or RPAS. Other contries stipulates them such as the Federal Airline Rules (14 CFR), Public Law (112-95) in the United States, the Air Transport Act, Air Transport Order, Air Transport Authorization Order (through revision in "Regulations to operating Rules on unmanned aerial System") based on EASA Regulation (EC) No.216/2008 in the case of unmanned aircaft under 150kg in Germany, and Civil Aviation Act (CAA 1998), Civil Aviation Act 101 (CASR Part 101) in Australia. Commonly, these laws exclude the model aircraft for leisure purpose and require pilots on the ground, not onboard aricraft, capable of controlling RPA. The laws also require that all managements necessary to operate RPA and pilots safely and efficiently under the structure of the unmanned aircraft system within the scope of the regulations. Each country classifies the RPA as an aircraft less than 25kg. Australia and Germany further break down the RPA at a lower weight. ICAO stipulates all general aviation operations, including commercial operation, in accordance with Annex 6 of the Chicago Convention, and it also applies to RPAs operations. However, passenger transportation using RPAs is excluded. If the operational scope of the RPAs includes the airspace of another country, the special permission of the relevant country shall be required 7 days before the flight date with detail flight plan submitted. In accordance with Federal Aviation Regulation 107 in the United States, a small non-leisure RPA may be operated within line-of-sight of a responsible navigator or observer during the day in the speed range up to 161 km/hr (87 knots) and to the height up to 122 m (400 ft) from surface or water. RPA must yield flight path to other aircraft, and is prohibited to load dangerous materials or to operate more than two RPAs at the same time. In Germany, the regulations on UAS except for leisure and sports provide duty to avoidance of airborne collisions and other provisions related to ground safety and individual privacy. Although commercial UAS of 5 kg or less can be freely operated without approval by relaxing the existing regulatory requirements, all the UAS regardless of the weight must be operated below an altitude of 100 meters with continuous monitoring and pilot control. Australia was the first country to regulate unmanned aircraft in 2001, and its regulations have impacts on the unmanned aircraft laws of ICAO, FAA, and EASA. In order to improve the utiliity of unmanned aircraft which is considered to be low risk, the regulation conditions were relaxed through the revision in 2016 by adding the concept "Excluded RPA". In the case of excluded RPA, it can be operated without special permission even for commercial purpose. Furthermore, disscussions on a new standard manual is being conducted for further flexibility of the current regulations.

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