• Journal of Information Technology Services
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• v.10 no.4
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• pp.21-32
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• 2011

The recently revised "Telecommunications Business Promotion and Personal Data Protection Act" is an important legal milestone in promoting the Korean telecommunications infrastructure and industry as well as protecting individuals' personal data and individuals' rights to privacy. Special characteristics of information security and privacy protection services including public goods' feature, adaptiveness, relativity, multi-dimensionality, and incompleteness, are reviewed. The responsibility of chief security/privacy officers in the IT industry, and the fairness and effectiveness of the criminal negligence in the Telecommunications Act are analyzed. An assessment of the rationale behind the act as well as a survey of related laws and cases in different countries, offers the following recommendations : i) revise the act and develop new systems for data protection, ii) grant a stay of execution or reduce the sentence given extenuating circumstances, or iii) use technical and managerial measures in data protection for exemption from criminal negligence.

• Journal of Korea Society of Digital Industry and Information Management
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• v.8 no.1
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• pp.89-98
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• 2012

According to the enforcement of Personal Information Protection Act as of September 2011, the laws and regulations for the protection of personal information that were applied only to the certain sectors such as information & communication network, financial institutions, public sector etc. for the time being has been expanded to apply to all public and private sectors to process personal information. In particular, because the public institutions are obliged to be mandatorily conducted of the Privacy Impact Assessment, it will be enforced in earnest for each agency's informationization business that handles personal information. In this paper, I examine the most derived vulnerability and set up the improvement measure to supplement it with the examples of 10 of all the institutions conducting the Privacy Impact Assessment in the year 2011. And, I suggest the measures to be prepared by the institutions to observe the Personal Information Protection Act.

• Journal of Legislation Research
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• no.41
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• pp.303-335
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• 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.

• The Korean Society of Law and Medicine
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• v.11 no.1
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• pp.117-143
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• 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.

• The Journal of the Korea Contents Association
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• v.14 no.11
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• pp.164-174
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• 2014

The purpose of this study is to explore ways to resolve the conflicting issues that are currently applied in medical Act and medical privacy Act through the comparative Analysis of the Privacy Act and the Medical Information Protection Act foreign. the results run to establish the Public Health Act coming for the protection of health information is a characteristic of many countries, France in Europe, the United States and Canada had been running an independent medical information laws are enacted. Prescribes penalties of up to a fairly systematic method from the case records of patients would not have occurred in the management and implementation of the law and the protection of the author of the book focuses on the subject of medical records and physician records between patient confidentiality and privacy it can be seen that the method defined in. This indicates the need for the establishment of an independent medical information laws to protect all records relating to the patient systematically Korea also.

• Journal of Information Technology Applications and Management
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• v.25 no.2
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• pp.133-146
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• 2018

The technical definition of Blockchain is commonly known 'distributed ledger', however, there is no legal definition for being accepted in worldwide. Therefore, unless legal definitions and concepts of Blockchain are presented, there is a possibility that various legal disputes will occur in the future in Blockchain environment. The purpose of this study is to derive legal issues related to personal information protection that can be conflicted in Blockchain environment based on domestic Privacy Act and GDPR. The outcomes of this study can prevent various legal disputes and provide solutions that may occur due to the spread of Blockchain. It also suggests the foundation for the improvement of Privacy Act. Finally, it contributes to activate of Blockchain, industry, in Korea.

• Journal of Internet Computing and Services
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• v.15 no.2
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• pp.59-71
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• 2014

This study applied customer perspective to find out ways how to protect customers' privacy by themselves. It does so by examining the factors which affect customer privacy protection behaviors. Based on the Privacy Act, this study developed the construct of Privacy Rights awareness and finds the law's effect on privacy awareness and behavioral change. The study finds that there exists a significant difference in privacy protection behavior according to privacy rights awareness. Independent variables are as follows: Five variables (Perceived vulnerability, Perceived severity, Perceived response effectiveness, Perceived barriers, Privacy Rights awareness) were tested as critical variables influencing Behavioral Intention in PMT model. Privacy awareness had a moderating effect on the relationship between perceived severity and privacy protection behavior. This study would contribute on theoretical expansion of Protection Motivation Theory and also provide practical implications for effective ways to promote behavioral changes.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.22 no.5
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• pp.1091-1102
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• 2012

With a recent rapid increase in infringement on privacy information, a need to protect privacy information is called for more than ever. Keeping pace with such concern and demands of the times, Korea has established and executed "Privacy Information Protection Act" on September 30th, 2011. This regulation was enacted from an individually regulated method to a basic regulation that includes public and private institutions. Also, the regulation includes diverse contents for the sake of protecting privacy information by expanding a range of protection subjects and limiting the process of uniquely identifiable information. In this context, the study has suggested a direction for development on Korea's Privacy information Protection Act by taking a look at the status on privacy information protection acts from home and foreign nations and conducting a comparative analysis between domestic and foreign acts.

• Journal of Digital Convergence
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• v.9 no.6
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• pp.81-90
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• 2011

Companies using internet as a kind of marketing means are increasing rapidly according to the expansion trend of e-commerce through internet and consumers also use internet as the common means of purchasing necessary articles. E-commerce using internet has advantages without limitation to temporal and spatial accessibility and general consumers and unspecified individuals also use internet to purchase their goods as well as general transactions such as advertisement, contract, payment and claim settlement. 'In the age of information, invasion of personal information resulted from the development of information and communication technology is one of the greatest problems all the countries in the world face. Therefore, Personal information protection Act is one of basic laws to protect personal information and rights and it is also an essential law in the age of information. In that sense, new Personal information protection Act is the advanced act containing various items to minimize the national damages from the leaking of private information and protect right to informational self-determination in the information society. It is expected that this legislation contributes to reduce the leaking of private information, enhance the level of privacy protection and develop privacy related industries. However, active participation of all members of our society and improvement of their recognition should be preceded for the rational and legal use of private information and the settlement of its protection culture. While the purpose of Personal information protection Act can protect privacy from collection, leaking, misuse and abuse of private information and enhance national interests and protect personal dignity and value, it also must perform the roles of balancing privacy protection with liberal information flow.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.26 no.4
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• pp.1057-1071
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• 2016

Privacy-right infringement using unmanned aerial vehicle (UAV) usually occurs due to the unregistered small UAV with the image data processing equipment. In this paper we propose that privacy protection acts, Personal Information Protection Act, Information and Communications Network Act, are complemented to consider the mobility of image data processing equipment installed on UAV. Furthermore, we suggest the regulations for classification of small UAVs causing the biggest concern of privacy-right infringement are included in aviation legislations. In addition, technological countermeasures such as recognition of UAV photographing and masking of identifying information photographed by UAV are proposed.