• Title/Summary/Keyword: Protection of Law

Search Result 965, Processing Time 0.026 seconds

The Protecton of Privacy on Secondary Use of Personal Health Imformation (의료기관 개인건강정보의 이차적 이용)

  • Kim, Jang-Han
    • The Korean Society of Law and Medicine
    • /
    • v.11 no.1
    • /
    • pp.117-143
    • /
    • 2010
  • Along with the development of digital technologies, the information obtained during the medical procedures was working as a source of valuable assets. Especially, the secondary use of personal health information gives the ordeal to privacy protection problems. In korea, the usage of personal medical information is basically regulated by the several laws in view of general and administrative Act like Medicine Act, Public institutions' personal information protection Act, Information-Network Act etc. There is no specific health information protection Act. Health information exchange program for the blood donor referral related with teratogenic drugs and contagious disease and medical treatment reporting system for income tax convenience are the two examples of recently occurred secondary use of health information in Korea. Basically the secondary use of protected health information is depend on the risk-benefit analysis. But to accomplish the minimal invasion to privacy, we need to consider collection limitation principle first. If the expected results were attained with alternative method which is less privacy invasive, we could consider the present method is unconstitutional due to the violation of proportionality rule.

  • PDF

The Perceptions of Apparel Design and Merchandising Students on Creativity and Apparel Design Copyright

  • Salusso, Carol J.;Lee, Jaeil;Lee, Yoon-Jung;Kim Lin, Janet
    • International Journal of Costume and Fashion
    • /
    • v.16 no.1
    • /
    • pp.1-16
    • /
    • 2016
  • The purpose of this study was to explore fashion design and merchandising students' perception of creativity and the copyright protection of apparel design. A survey with open-ended questions was developed and distributed to a total of 100 fashion major students with specializations in apparel design and merchandising from three different universities located in a northwestern state of the United States. A majority of respondents showed their awareness that copying apparel design is ethically wrong and counterfeiting is legally wrong. They were able to distinguish between copying and interpreting and were aware that incorporating limited elements from inspirations was ethically acceptable. However, many of the students look for design inspiration from secondary sources, such as existing designers' works which they observe over the Internet, magazines, fashion shows, and store shopping, which may pose them to the temptation to copy such ideas. Although fashion copyright protection law has yet to become enacted, a majority of respondents support passage of fashion copyright protection law. The results give support to the needs for addressing the creative problem-solving processes and ethical decision-making jointly within apparel design and merchandising curriculum.

Status and Problems of Online Game Regulations for Juvenile Protection- Centered on the Online Game Shutdown System of Korea

  • Kim, Il Hwan;Kim, Jaehyoun;Kim, Myeong Sik;Hong, Seok Han
    • KSII Transactions on Internet and Information Systems (TIIS)
    • /
    • v.9 no.4
    • /
    • pp.1548-1568
    • /
    • 2015
  • Korea's Compulsive Shutdown System bans online game providers from offering their services to children under 16 years of age from midnight to 6 a.m. Although it was introduced only after lengthy rounds of discussion, controversy over the system still continues. The key question is whether the system, which unilaterally emphasizes juvenile protection, infringes upon the freedom of playing games for teenagers, the freedom of business for game products related business operators and the right to foster children for parents, which are basic rights under the Constitution. It is very encouraging that the State took up the issue and prepared various systems for juvenile protection through the Compulsive Shutdown System. Yet the government has to plan as comprehensive and effective of a measure as it possibly can by predicting the trends of technology development and game use, and also set detailed standards to ensure that the system should not become an excessive or inappropriate regulation. Although the State's compulsive intervention may be positive since it is hard to expect a self purification capability to exhibit itself concerning game use among teenagers, a plan to prevent game addiction among adolescents from the long-term and fundamental perspectives should be prepared as well.

A study on International Payment Trend and Measures to Protect Credit Risk by International Factoring (국제대금결제 추세와 국제팩토링에 의한 신용위험 대처방안에 관한 연구)

  • Park, Se-Hun;Han, Ki-Moon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.44
    • /
    • pp.85-107
    • /
    • 2009
  • L/C allows the exporter to have a bank's payment undertaking against shipping documents required by L/C. This means that the exporter can take export proceeds from a L/C issuing bank regardless of importer's payments and therefore the L/C better mitigate importer's credit risk compared to remittance and collections. Recently the use of L/C has been on down trend in line with increasing use of T/T, causing a big change of payment system. This tells that the payment method change in Korea is positive as the change also happens same in developed countries. This however gives more buyer's credit risk to exporters and therefore a systematic solution to this negative effect is required. In Korea, export credit insurance has been widely used to cover the buyer's credit risk. But the export credit insurance is limited because of lack of government's financial support and strict evaluation of buyer and exporter. Now Korea is ranked 10the largest trading country and therefore the exporters shall find another source for credit risk protection elsewhere. And as such this paper suggest International Factoring as a tool for the credit risk protection. The International Factoring gives advantages to the exporter in terms of credit protection and advances by purchasing account receivables on a without recourse basis.

  • PDF

A Study on Confidential Records Management System in Japan (일본의 비밀기록관리 체제에 대한 연구 특정비밀보호법 제정·시행을 둘러싼 논의를 중심으로)

  • Nam, Kyeong-ho
    • The Korean Journal of Archival Studies
    • /
    • no.56
    • /
    • pp.113-145
    • /
    • 2018
  • Japan has enacted the Public Records and Archives Management Law from 2011 in order to prevent mismanagement of records management and to fulfill accountability to the public. However, in 2013, The Designated Secrets Protection Act was enacted before the Public Records and Archives Management Law brought changes to administrative institutions. The Designated Secrets Protection Act have raised concerns that the public's right to know and the transparency of administration are being retreated, especially the development of freedom of information and records management systems. This article analyzed the background of the establishment of Designated Secrets Protection Act and the contents of legal composition. It also identified the possibility of human rights abuse in the aptitude assessment system, the lack of independent monitoring agencies, the impossibility of internal accusations, and the possibility of wide confidentiality designation. Furthermore, analyzed how the problem affects Japanese records management and freedom of information system. Through this, I suggested the improvement of the system of the secret level records management system in Korea, the establishment of the clear purpose of the secret record management, the application of the Tshwane principle, and the establishment of the independent and professional monitoring agency.

International Legal Measures of Protection of Critical Infrastructure Facilities in Banking Sphere

  • Oleg, Batiuk;Oleg, Novikov;Oleksandr, Komisarov;Natalia, Benkovska;Nina, Anishchuk
    • International Journal of Computer Science & Network Security
    • /
    • v.22 no.10
    • /
    • pp.145-154
    • /
    • 2022
  • Based on the obtained results of the study, the most problematic issues and legal conflicts are identified, which are related to the ratio of norms of domestic and foreign legislation, taking into account the requirements of the Constitution of Ukraine and the provisions of the Law of Ukraine "On international agreements". Along with this, it is stated in this scientific article that there are a number of provisions and examples of positive practice on the specified topic abroad and in international legal acts today, which should be used by Ukraine both in improving legislation on the issues of banking activity and in increasing the level of criminal legal protection of relevant critical infrastructure facilities, especially those that are substantively related to prevention and counteraction of activity, with regard to the legalization (laundering) of criminally obtained funds, financing of terrorism and the financing of the proliferation of weapons of mass destruction, which is quite relevant for our state, given the military conflict that is taking place on its territory in the Donbass. Again, in the same context, the need for more active cooperation between Ukraine and the FATF (international body developing a policy to combat money laundering) has been proven.

Website and Digital Content between Material Property and Intellectual Ownership Rights within the Legal Regulation of Internet

  • Azab, Rania S.
    • International Journal of Computer Science & Network Security
    • /
    • v.22 no.2
    • /
    • pp.424-435
    • /
    • 2022
  • When the owners of the intellectual property rights of digital content have lost control over it in the digital environment, there emerged fears that the intellectual property laws, especially copyright law, would not be effective as in the material (Offline ) world. The reason is that the digital environment helps to reproduce copies in high quality and at almost no cost, while copyright law protection has been limited to programs embedded in CDs. According to copyright laws, the owner of the program did not have the right to prevent buyers of the initial physical copy of the program from copying and reselling it to more than one individual without the permission of the original owner. As a result, business owners have invented the idea of licensing digital content and programs instead of selling them. They set out terms that serve their commercial interests regardless of their abuse to intellectual property laws or even the rules of the traditional contract to sell a material property. The abuse has resulted from the way those terms are concluded and the heavy rules that are unfair to consumer rights. Therefore, business owners insisted on dealing with the website and its programs and digital content as material property. Here raises the question of whether the website and its digital content are subject to the protection of copyright law or the rules of the traditional contract or licensing contracts. As the answer to this question affects the protection of consumer rights, is it possible to find a balance between it and the protection of the owners of digital programs' rights.That is what we will discuss in this paper.