• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.75-103
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• 2020

There is a growing voice that medical information should be shared because it can prepare for genetic diseases or cancer by analyzing and utilizing medical information in big data or artificial intelligence to develop medical technology and improve patient care. The utilization and protection of patients' personal information are the same as two sides of the same coin. Medical institutions or medical personnel should take extra caution in handling personal information with high environmental distinct characteristics and sensitivity, which is different from general information processors. In general, the patient's personal information is processed by medical personnel or medical institutions through the processes of collection, creation, and destruction. Still, the use of terms related to personal information in the Medical Service Act is jumbled, or the scope of application is unclear, so it relies on the interpretation of precedents. For the medical personnel or the founder of the medical institution, in the case of infringement of Article 24(4), it cannot be regarded that it means only medical treatment information among personal information, whether or not it should be treated the same as the personal information under Article 23, because the sensitive information of patients is recorded, saved, and stored in electronic medical records. Although the prohibition of information leakage under Article 19 of the Medical Service Act has a revision; 'secret' that was learned in business was revised to 'information', but only the name was changed, and the benefit and protection of the law is the same as the 'secret' of the criminal law, such that the patient's right to self-determination of personal information is not protected. The Privacy Law and the Local Health Act consider the benefit and protection of the law in 'information learned in business' as the right to self-determination of personal information and stipulate the same penalties for personal information infringement such as leakage, forgery, alteration, and damage. The privacy regulations of the Medical Service Act require that the terms be adjusted uniformly because the jumbled use of terms can confuse information subjects, information processors, and shows certain limitations on the protection of personal information because the contents or scope of the regulations of the Medical Service Law for special corporations and the Privacy Law may cause confusion in interpretation. The patient's personal information is sensitive and must be safely protected in its use and processing. Personal information must be processed in accordance with the protection principle of Privacy Law, and the rights such as privacy, freedom, personal rights, and the right to self-determination of personal information of patients or guardians, the information subject, must be guaranteed.

• Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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• v.25 no.6_2
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• pp.653-663
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• 2007

The purpose of this study is to suggest concrete approaches of copyright application among various map price policies to establish the system of a digital map market, to revitalize its market, and to give the public better map services. To do this, we analyzed copyright law in Korea and the copyright protection of digital map in foreign countries firstly, investigated the applicability of copyright to the map market in Korea, analyzed the effect on this market, and suggested an direction of the revision for the Surveying law and the National Geographic Information (NGlS) law lastly. We drew several conclusions. Firstly, the protection of the rights of database makers is the best approach to protect digital maps in korea. Secondly, we need to adopt copyright to the Surveying law and the National Geographic Information Systems (NGlS) law. Lastly, establishing a copyright trust organization to improve the quality of digital maps and to manage various affairs is needed.

• Journal of Digital Convergence
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• v.10 no.11
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• pp.691-699
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• 2012

"Information", which is circulated in society by information technology development represented by computer, has brought innovation not only to physical civilization, but also deep into our daily lives. This is to say that information has brought fundamental change to its form of existence, and value system through being faster regarding the circulation and the way of management being diverse. As time goes by, this kind of change would stimulate more changes to be made as the development of scientific civilization. Therefore, informatization is one of the important characteristic that defines modern society's essence, but on the other side, information has been taken advantage of that temperament and abused in a lot of different ways. "The Law Regarding Computer Network Diffusion Expansion and Usage Promotion"(1986), as a counterplan of informatization is our nation's first Act about informatization, which enacts national policy and system about this issue. Since then, many laws has been enacted down to "Private Information Protection Act"(2011), forming a comprehensive system. The basic background of these laws are based upon the premise that even if the place where the information is managed is virtual space, rules that are considered valid in the real world should be basically applied in the virtual space. Therefore, the violation of the law in the real world is also considered the violation in the virtual space. This direction of current law regarding information is shared with both the theories and the reality. However, current law system and notion are based upon the premise that the law regards material objects, thus the characteristic of the information, which is "Immaterial Being" is not reflected. Also, the management and approach to this issue is allopathic, exposing many problems. Thus, this paper examines the way of protecting information stipulated in the current law, contemplates its protection scope and limitation, and seeks the direction of the improvement, based on the critical mind explained above.

• Journal of Industrial Convergence
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• v.1 no.2
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• pp.193-203
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• 2003

As the law of Product Liability for consumer protection has operated in July, 2000, many firms of Korea are rapidly increasing concerns about it. This paper is compared actual states with the law of Product Liability among America, Japan and Korea, finds out some arguments between firms and consumers, investigates some countermeasures to increase between the knowledge accumulation related to risk management and capability confronted with it.

• Proceedings of the Korean Society for Agricultural Machinery Conference
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• 1993.10a
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• pp.473-477
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• 1993

Improving the legal system is one of the key points in strengthening the control of environment . The coordination of economic development with environment protection and the legislation in Guangdong since 1980 is described. Some proposals for stimulating the economy by enhancing the environment protection in accordance with the law are offered.

• Korean Journal of Heritage: History & Science
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• v.34
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• pp.210-220
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• 2001

UNESCO convention on the Protection of the Underwater Cultural Heritage(hereafter 'UCH')was adopted in the Fourth meeting of governmental experts on the draft Convention on the protection of UCH. Accordingly, Korea will prepare an appropriate policy for the protection of UCH. This article aims to give policy directions for the protection of UCH in Korea. Korea has some legislation relating to protection of cultural property. However, these legislation did not have effective schemes to protect UCH. Moreover, the Cultural Properties Administration which is a primary agency for protecting UCH has been ineffective in their effort for protecting UCH. To Protect UCH, I suggest establishment of law relating to protection of UCH, designation of competent authorities for protection of UCH in accordance to UNESCO Convention, and establishment of a long term national plan for protection of UCH.

• The Korean Society of Law and Medicine
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• v.13 no.2
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• pp.141-178
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• 2012

Korea's medical law prohibited medical advertisements in principle and permitted them on an exceptional cases. However, the decision of the Constitutional Court of 20005. 10. 27. 20003 Heonga 3, it was changed to a negative system which allows advertisements in principle and restricted only exceptionally. Dramatic increase of medical advertisements was made after that and many argued more deregulation because there was actually heavy regulations. In particular, there is almost no actual regulation on the article type advertisement due to the reason of protection of the freedom of press, media and occupation. However, there may be an unjust result if a specific article or specialists' opinion is made using a newspaper, broadcasting or magazine as a form of article type advertisement to specific medical specialists or medical institution or medical treatment method that falsifies consumers or makes consumers confused by unjust medical expectations or reliability, that also deteriorates just competition and that causes the misrecognition of consumers. In fact, there were actual damages of article type advertisements on the eye whitening surgery not long after the transfer to a negative system of medical advertisements. Victims raised a medical proceeding against the doctor who carried out the surgery, but there is actually no systematic warranty except for the indemnity request. Thus, this case demonstrated a vulnerable result of a negative system. As such, it is problematic that there is no proper regulations defined in the current law and regulations because of the reason of the protection of the freedom of press, publication and occupation despite damages of such article type advertisements. Accordingly, it is urgent to apply the current prevention regulations on the article type advertisements strictly, and to set up specific regulations.

• Journal of the Korean Society of Marine Environment & Safety
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• v.20 no.6
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• pp.712-720
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• 2014

In this article, legislational and economic meaning of Marine Pollution Prevention Law (MPPL) of North Korea was studied with review and comparison of North Korea's environmental legislation system. North Korea's MPPL is the basic legislation system against pollution activities. This law has the purpose of gaining of marine environmental protection and resources and declares mainly the marine environmental protection with little definition of action plan and means. To analyze economic achievements of MPPL, more macro- and microeconomic data of North Korea should be accumulated. However, environmental issues are relatively effective to discuss common goal of environmental protection and economical cooperation between Korea and North Korea. To prepare reunification, understanding of North Korea's MPPL is the first step for collaboration of marine environmental conservation.

• Journal of the Korean Geographical Society
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• v.48 no.4
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• pp.575-588
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• 2013

The concept of cultural landscape, which is defined in the World Heritage Convention, provides a new framework with which to manage the heritage sites. European Landscape Convention proposes that landscape is the basic component of natural and cultural heritage, which in turn contributes to the improvement of human well-being and consolidation of the European identity. While recognizing the international trend, Japan has strived to improve the level of managing and protecting the landscape and cultural landscape through the enactment of Landscape Law and the revision of Cultural Property Protection Law. Now that landscape and cultural landscape has occupied the core of heritage management in the advanced countries, it is required more than ever that the concept of landscape and cultural landscape should be clarified through the legislation and convention in Korea. If the legislation for protecting and managing the landscape and cultural landscape is prerequisite for Korea to be an advanced country, a careful and in-depth examination, along with the consideration of the Korean circumstances, should be further carried out on the international experiences about the legislation from the comparative perspective.

• Journal of Environmental Impact Assessment
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• v.18 no.4
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• pp.235-243
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• 2009

Wetlands considered to be an important natural resources because they provide biodiversity and habitat for species to breed and survive. In this regard, many countries in the world provide wetlands and have policies and laws to protect them. In Korea we hosted RAMSAR COP-10 at Changwon in 2008 representing Korea's endeavor to wetland protection. But, in the process of development Wetlands are easy target to be lost due its easy access and the laws and regulations to protect them are relatively weak. Thus, this research focused on the introduction of No Wetland Loss(NWL) and we can achieve wetland protection in the economy market ways. Thus, NWL should consider 1) a clear definition of NWL and harmony and consensus of introduction of NWL, 2) considering most wetlands be private we need a financial support for securing wetlands, 3) inventories for wetlands in Korea, draw a line of demarcation, technic to evaluate wetlands, 4) wetland restoration considering function of ecosystem not total amount of wetlands. Wetland protection should be a part of Basic Law of Water Management which in its progress and we need further studies on wetland protection because of watershed management, deserted agricultural paddies, etc.