• Title/Summary/Keyword: Protection of Law

Search Result 967, Processing Time 0.033 seconds

A Study on the Legal and Institutional Improvement Plan for Cyber Correspondence (사이버 대응태세 구축을 위한 법·제도적 개선방안 연구)

  • Lee, Yong Seok;Lim, Jong In
    • Convergence Security Journal
    • /
    • v.19 no.1
    • /
    • pp.61-66
    • /
    • 2019
  • Cyber space is a place where free activities are guaranteed. However, it is also true that not all individuals and countries strive for peaceful cyberspace, and that there is a growing tendency to gain unfair advantage through this space. Therefore, the state should reform laws and institutions to keep cyberspace safe. By establishing the "Basic Law on Cyberspace" which includes the law of the state law on cyberspace, it is necessary to be able to recognize and respond to the direction of the national legal discipline on cyberspace. The development of digital forensics is an urgent task due to the rapid development of IT. However, if the law is delayed for various reasons, some of the existing laws should be amended to improve the stability of the law in accordance with the circumstances. To this end, it is necessary to revise the "Information and Communication Infrastructure Protection Act", "Information and Communication Network Enhancement and Information Protection Act", "Integrated Defense Law", "Establishment of Defense Information Infrastructure Infrastructure and Defense Information Resource Management Act".

The Improvement and Problem about Housing Lease Protection Act Article 9 in the Information Society (정보사회에 있어서 주택임대차보호법 제9조의 문제점에 대한 개선방안)

  • Park, Jong-Ryeol
    • Journal of Digital Convergence
    • /
    • v.13 no.5
    • /
    • pp.61-67
    • /
    • 2015
  • In order to ensure the housing stability of homeless people who living in the information society, the Korean Housing Lease Protection Act was enacted as a special law of Civil Code in March 5, 1981, Law No. 3379. And until January 6, 2015 there were 15 times revisions. In the meantime, many issues have been resolved by legal revisions through several times however, it is true that many problems are exposed after enforcement because processing without sufficient review of legislation. Among them, at the 1st revision in 1983 the purpose of Article 9 for lease succession was admitting succession to a spouse who has no inheritance rights. Then it can protect common-law relationship and on the other hand protect the residential life of a spouse. But many questions have been raised. Therefore, in this paper, analyze the problem of lease succession carefully, proposes an improvement to contribute to the residential stable livelihood.

The U.S. Contract Law Defenses in Consumer Arbitration Agreement (소비자중재합의의 미국계약법상 항변)

  • Ha, Choong-Lyong
    • Journal of Arbitration Studies
    • /
    • v.20 no.2
    • /
    • pp.151-171
    • /
    • 2010
  • This paper investigates the consumer arbitration practices In the U.S. The key issue in consumer arbitration is how to protect the individual consumers from the loss of their legal rights stemming from the arbitration agreement with the business. In the U.S., the major legal doctrines to protect individual consumer include the voluntary-knowing-intelligent doctrine, unconscionability doctrine, and void contract. Even though the US courts are favorable to the enforceability of arbitration agreement, they strictly apply the contract law theories in deciding the existence of arbitration agreement, providing a strong common law protection for the consumers in arbitration. However, the practices for protection of consumers in arbitration in Korea are not mature yet. If consumer arbitration is widely adopted into B to C contracts, a protective measure for individual consumer can be found in the Act of Clause Regulation providing that the business has duty to explain the relevant clause in the adhesive contracts.

  • PDF

The Problems of Legal Protection of Computer-related Intellectual Properties (컴퓨터와 연관된 지적소유권보호책(知的所有權保護策)의 현황(現況)과 문제점(問題點))

  • Lee, Soon-Ja
    • Journal of the Korean Society for information Management
    • /
    • v.1 no.1
    • /
    • pp.9-24
    • /
    • 1984
  • This paper reviews the applicabilities and the problems of copyright law and patent law to the computer-related intellectual properties such as data bases and computer softwares, with special reference to the practices in the advanced countries like U.S., U.K., and Japan. It also discusses Japanese proposals of-the new computer program right law which has been based on entirely different concepts of new media. The author concludes that the legal protection devices of any individual countries should be considered in the context of the eventual international agreements.

  • PDF

A Classification of the Fire Law related by Building Occupancy for the Comparative System of Fire Protection Performance (방재 성능 비교 시스템 구축을 위한 화재관련 법규의 건축 용도별 분류)

  • Shin, Ho-Sub;Suk, Chang-Mok;Cha, Chung-Sook;Han, Ju-Hyung;Kim, Young-Yeon
    • Proceedings of the Korea Institute of Fire Science and Engineering Conference
    • /
    • 2008.04a
    • /
    • pp.25-28
    • /
    • 2008
  • Korean city had been rapid developed through high industrialization and rapid economic growth after the 1970's. The city development process was guaranteed the fulfillment of city function through the city expansion based on New Towns and satellite cities rather than the reformation of existing city. This city expansion caused by degrading of city, being backward and producing many problems. To solve this problems, it was considered the rehabilitation of retarded function with rejuvenation such as a special law accelerating urban renaissance and reorganization project. Also a fire protection performance did not satisfied the required conditions of modern FPP system, such as the function deterioration of building facilities, the technological development with FPP facilities, changed fire laws and building occupancy for social needs. Insufficiency of requirements depreciated the building value and intimidated a safety of residents. To solve this problem, the improvement of FPP was essentially required and also strongly recommended an analysis and a comparative study between the required FPP of existing building and it improving effective FPP. Therefore, purpose of this study is that establish the basic data to construct a system to analyze and compare the building FPP.

  • PDF

Right to be Forgotten in Cyberspace and Measures to Improve Personal Information Protection Law (사이버상 잊혀질 권리와 개인정보보호법의 개선방안)

  • Kwang-Hyun Park
    • Proceedings of the Korean Society of Computer Information Conference
    • /
    • 2024.01a
    • /
    • pp.101-103
    • /
    • 2024
  • 본 논문에서는 잊혀질 권리에 대한 법제도 및 법정책적 검토를 논하고자 한다. 잊혀질 권리는 알권리, 표현의 자유 등 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 자유를 제한하는 결과를 초래하기 때문에 일정한 한계를 노출할 수밖에 없다. 현행 개인정보 보호법, 정보통신망 이용촉진 및 정보보호 등에 관한 법률 등에서 개인정보의 파기제도를 신설하여 부분적으로 잊혀질 권리를 반영하고 있지만 헌법상 중요한 가치인 잊혀질 권리와 알권리 및 표현의 자유에 대해 조화롭게 균형을 찾는 것이 선행과제인 것이다.

  • PDF

A Study on the Needs to Improve the Regulations and the Design Features of Fire Protection for UAE Nuclear Power Plants (UAE원전 화재방호계통 설계특성과 화재방호규제 개선 필요성 연구)

  • Ma, Jin-Soo;Lee, Eui-Pyeong
    • Fire Science and Engineering
    • /
    • v.25 no.5
    • /
    • pp.54-61
    • /
    • 2011
  • The study is to analysis of fire protection regulations for the nuclear power plants (NPP) in the United States, Japan, the UAE (United Arab Emirates), and Korea with the intention of exporting NPP to the UAE. Fire protection regulations for NPP for these countries permit the fire protection design and facilities in accordance with the evaluation of the potential fire hazards. However, in Korea, the NPP is a part of power generation facilities in Korea fire protection law, and the atomic energy act classifies them as the reactor and related nuclear facilities. The fire protection law and atomic energy act are different to the criteria for the fire protection of NPP. To maintain the leading position as a nuclear exporting country, the performance-based fire hazard analysis should be reasonably incorporated in the design of the fire protection system. It was suggested that the integrated requirements of the fire protection for NPP should be incorporated to the construction article for the fire protection facilities specified in paragraph 2 of Act II, being classified into the special objects to be protected against fire, which requires a performance-based design in order to incorporate the specific requirements for NPP.

A Study on the China's revised foreign Trade Law (중국(中國) 대외무역법(對外貿易法)의 개정(改定)에 관한 소고(小考))

  • Jo, Jong-Ju
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.27
    • /
    • pp.215-232
    • /
    • 2005
  • China had revised Foreign Trade Law in order to fulfill its WTO commitments and duties, and fully exercise its rights and benefits as a WTO member. The main contents of the revised Foreign Trade Law as followed. For the first time, individuals are allowed to conduct foreign trade. Intellectual property is an important component of foreign trade, and protecting intellectual property rights is a key issue. A chapter on Intellectual property protection is one of the major additions to the Foreign Trade Law. New sections have also been added to allow and provide guidance for conducting investigations and seeking relief. Finally, the new law beefs up and clarifies enforcement procedures. It regulates the setting up of early warning and emergency systems and a foreign trade statistics system.

  • PDF

A Study on Legal Protection of Digital Contents in Library (도서관에서의 디지털콘텐츠 법적 보호에 관한 연구)

  • Hong, Jae-Hyun
    • Journal of the Korean BIBLIA Society for library and Information Science
    • /
    • v.17 no.2
    • /
    • pp.83-114
    • /
    • 2006
  • The research investigated definition, scope and feature of digital contents in order to discuss legal protection of digital contents. The protection law and current trend of protection of digital contents in United States of America, EU and Japan were examined. As the law which protects digital contents in Korea. the contents and characteristics, etc. of copyright act of Korea and online digital contents industry development act were examined and analyzed. And then relationship of digital contents and copyright, namely, the relationship of database and copyright, relationship of digital contents by translation. arrangement, alteration, dramatization, cinematization, etc. of an original work and copyright; relationship of other digital contents and copyright; relationship of file sharing of digital contents and copyright, were examined and copyright issues were discussed in library. And also the research suggested concretely necessary countermeasure of copyright which the library must take. Finally, this paper suggested the improvement direction for legal protection of digital contents we must aim ultimately.

The Protection of Privacy and the Restriction of Its Commercial Use in Telecommunications (통신산업에서 개인정보의 보호와 영업적 이용의 한계)

  • Hong, Myung-Su
    • Journal of Legislation Research
    • /
    • no.41
    • /
    • pp.303-335
    • /
    • 2011
  • The rapid changes in telecommunications have exercised an important influence on the telecommunications law system, including the protection of the privacy. It was a decisive assignment that telecommunications law protected the confidentiality of privacy. But in new digitalized telecommunications circumstance, every steps of the conveyance of the individual informations should be protected, in particular by telecommunications carriers as a subject of the protection of information. EU Privacy Directive in 2003 and the amendment of Communications Act in U. S. A. in 1996 have reflected the necessity of the privacy from a new point of view. In Korea, "Protection of Privacy Act" has been established as general law as to the protection of privacy and "Electronic Communications Net-work Act" and "Location Data Act" have been functioned as special law in telecommunications, and these laws have developed the legal systems about the protection of privacy in telecommunications. Such a legal system could be affirmatively evaluated. But the regulations should be reformed in a way that corresponds to the detailed types of the privacy and it should be devised a method, that the consent of users could be fulfilled practically.