• Title/Summary/Keyword: Right to protection

Search Result 508, Processing Time 0.022 seconds

Trend of Dispute on the Right to Be Forgotten and Acceptance Task of Internet Laws in Korea (잊혀질 권리의 논의 동향과 우리나라 인터넷 법제의 수용과제)

  • Chung, Sang-Ki;Kim, Kyung-Yeol
    • Journal of Information Technology Services
    • /
    • v.12 no.1
    • /
    • pp.131-141
    • /
    • 2013
  • Matters related to the right to be forgotten started the dispute Europe to introduce it first when Data Protection Directive established in 1995 proceeded revision. Relating to this, diverse disputes proceed on responding to personal information protection and internet laws in our nation. Especially as our National Assembly submitted the law regarding the promotion of information and communication network use and protection of information and amendment of copyright, it is necessary to look into the movement on introduction of law of right to be forgotten closely in detail. EU which attempted the institutionalization for the first time, relating to review of General Data Protection Regulation, proposed opinions such as the necessity to define subjects of personal information concretely and specifically and or protection target and balanced consideration on freedom of expression which is constitutional value. In the case of our nation, there was legislation attempt to introduce the regulation but it was limited in the form of fallen effectiveness without concrete and detailed review on internet law. To solve such problems, it is necessary to look into issues and matters to be considered required to accept right to be forgotten closely and discuss possibility of introducing right to be forgotten, conflicts between fundamental rights becoming issue, effect of goal achievement of personal information protection through the system introduction, and other rational acceptance method.

An Empirical Study on the Effect of Protection of Property Right on Foreign Direct Investment - Focused on US. Multinational Corporations - (지적재산권 보호가 해외직접투자 유입에 미치는 영향에 관한 실증연구 - 미국 다국적기업을 중심으로 -)

  • Kang, Seok-Min
    • Management & Information Systems Review
    • /
    • v.33 no.3
    • /
    • pp.21-33
    • /
    • 2014
  • This study investigated the effect of protection of property right on foreign direct investment. With the US. multinational corporations over the periods from 2000 to 2008, this study used the FEM and system GMM, and found that the change of protection of property right level positively affects attracting foreign direct investment while protection of property right level itself does not. In the analyses on high income and low income countries(by income level), only the change of protection of property right level positively affects attracting foreign direct investment in low income countries. In considering the problem of heteroscedasticity on the error term, this study used FGLS and PCSE estimation methods. It is reported that the change of protection of property right level positively affects attracting foreign direct investment while protection of property right level itself does not. And only the change of protection of property right level positively affects attracting foreign direct investment in low income countries. This result means the change of protection of property right level is a key determinant to attract foreign direct investment.

  • PDF

A Study on the Copyright Survey for Design Protection in Metaverse Period

  • Kim, Gokmi;Jeon, Ju Hyun
    • International journal of advanced smart convergence
    • /
    • v.10 no.3
    • /
    • pp.181-186
    • /
    • 2021
  • Among human intellectual creations, the right granted by law to what is worth protecting is defined as intellectual property rights. Copyright is a legal right to creative finished products made by individuals, and in recent years, this legal right has been recognized as very important. In other words, copyright is a system created to protect the rights of individuals who created creations and to recognize their efforts. Works subject to copyright vary from poetry, thesis, novels to designs, paintings, music, and architecture, and the scope of the subject is gradually expanding. Recently, research has begun on how far the Metaverse design area absorbed into the real world among works. Computer-generated video productions and software program works are also subject to digital copyright protection, but it is also true that the interpretation of the author protection law for works, designs, and trademarks in the virtual world is unclear. This study aims to analyze copyrights based on case studies and theoretical backgrounds on copyright protection and to discuss the protection limitations of Metaverse design in the virtual world. In other words, the direction for the protection of Metaverse design is presented through clear distinction and definition of copyright protection in the tertiary virtual world. This study aims to present methods for design copyright protection in the era of Metaverse, respect copyright holders' creative activities, and develop our culture through protection of creations.

A Constitutional Study on the Unborn Human Life : Focusing on the Right to Life of the Fetus and the Embryo (출생 전 생명에 대한 헌법적 고찰 - 태아 및 배아의 생명권과 그 제한을 중심으로 -)

  • Kim, Eun-Ae
    • The Korean Society of Law and Medicine
    • /
    • v.10 no.1
    • /
    • pp.39-75
    • /
    • 2009
  • The development of the biomedical science and technology has extended an argument about a status in constitutional law of unborn human life and a protection of the potential human life to that of an embryo and a gamete beyond a fetus. This argument has been focused on whether we should provide unborn or potential human life with human dignity and the right to life that are guaranteed by the constitutional law altogether or separately. If the right to life is given to unborn or potential human life, on what grounds can we restrict this right. Those who argue for the unity of the right to life with human dignity and the inseparability of those two claims that the right to life in itself should be guaranteed absolutely. According to the constitutional law, however, any constitutional right of the human person within the protection of essential part of the right can be compared with each other and restricted with some valid reasons from the legal perspective. This measure is unavoidable in reality because one right can come into conflict with another right frequently. Since fetus and embryo are in a process of developing into the human person, it is difficult to think that they are the same with the human person. For that reason, it is hard to consider that the right to life of fetus or embryo is the same with that of the human person. However, since a fetus has a special status as a potential human person, and an embryo also has a special value as a potential fetus upon an implantation, the right to life of fetus or embryo should be judged differently according to the stage of their development. A study on a constitutional status and protection of a fetus and an embryo is essential because unborn or potential human life is the origin of human person. Therefore, we have to make much account of their right to life and seek the legal respect for their inherent value.

  • PDF

A Comparison of the Efficacy of Antegrade Cardioplegia Versus Retrograde Right Atrial Cardioplegia for Myocardial Protection During Open Heart Surgery (개심술시 심근보호를 위한 순행성 관관류법과 역행성 관관류법의 비교를 한 실험적 연구)

  • 유시원
    • Journal of Chest Surgery
    • /
    • v.21 no.1
    • /
    • pp.17-25
    • /
    • 1988
  • This study was undertaken to evaluate the efficacies for myocardial protective effect of retrograde right atrial perfusion [RRAP] of cardioplegia compared with antegrade aortic root perfusion [AARP]. Myocardial distribution of perfusate [using methylene blue] with RRAP was less poor to AARP. Myocardial protective effect was estimated with myocardial temperature and electron microscopy. Cooling protection of right ventricle with RRAP was similar to AARP. On the other hand, cooling protection of left ventricle with RRAP was slight poor to AARP. The electron microscopic ischemic change of right and left ventricle with RRAP was similar to AARP. RRAP was thought to be a good alternative method to perfuse cardioplegia and protect both ventricle.

  • PDF

The Improvements of Preferred Right on the Housing Lease Protection Act (주택임대차보호법상 최우선변제권에 대한 개선방안)

  • Park, Jong-Ryeol;Joung, Soon-Hyoung
    • Journal of the Korea Society of Computer and Information
    • /
    • v.17 no.8
    • /
    • pp.135-144
    • /
    • 2012
  • The Preferred Right that recognized in Housing Lease Protection Act Article 8 Paragraph 1 is a legal security right. The case of a small tenant whose security deposit is less than a specific sum of money to lease housing, he can get preferential payment about his a specific sum of money of security deposit in an auction procedure. Like this the Preferred Right can protect the homeless commoner also it ignores the existing legal system. But the Preferred Right has the right function that contribute to stability of homeless people's housing, on the other hand, it has the adverse function that damages to several interested parties in an auction procedure by using legal preferential protection. So, about these problems, the improvement way will propose in this study.

The Implementation of Digital Broadcasting Content Copy Protection Manager in PVR (Personal Video Recording)

  • Lim Tae-Bum;Kim Yun-Sang;Lee Seok-Pil;Jung Jong-Jin
    • 한국정보통신설비학회:학술대회논문집
    • /
    • 2006.08a
    • /
    • pp.99-102
    • /
    • 2006
  • This paper describes a article how to protect from illegal indiscriminate copy of digital broadcasting content using DRM and CCI. With the start of terrestrial / satellite digital broadcast and the preparation of Digital Cable broadcast, we can view HD digital contents through the various channel. Also we can record, play, redistribute digital contents in PVR. The protection of Digital Contents Right became of the important issue to protect CopyRight. In this paper, we implement a manager that prevents indiscriminate digital contents redistribution of the digital broadcast contents. For protection of Digital contents Right, we use BF(Broadcast Flag) and CCI (Copy Control Information) which we can control viewing or copy digital contents with.

  • PDF

A Case Study for Improvement of Users' Right to Informational self-determination: Focusing on the GDPR of EU and the CCPA of California, USA (국내 기업의 개인정보 자기결정권 강화를 위한 논의: EU의 GDPR과 미국 캘리포니아주의 CCPA를 중심으로)

  • Yoon, Young-Ho;Yoon, Hyun Shik
    • The Journal of Information Systems
    • /
    • v.28 no.4
    • /
    • pp.65-103
    • /
    • 2019
  • Purpose The purpose of this study is to find out in extent to which the companies in Korea and oversea, which has been subjected by different laws of their country, have guaranteed the personal information rights and have provided proper 'right to access' to the information subjects. Design/methodology/approach This study compared Korean laws with 'General Data Protection Regulation (GDPR)' of EU and 'California Consumer Privacy Act (CCPA)' to check each of the level of 'right to access' guarantee. In terms of the difference in guaranteeing the right, this study compared Korean IT leading companies with US global leading IT companies to find out how much 'right to access' are properly implemented in their policies and functions they provide. Findings The result of the study shows that 'right to access' has not been well guaranteed by Korean law, as it does not provide the right to choose method and medium by information subjects and does not clarify the types of diverse information. This was clearly opposite with the other laws providing the right to choose what method and medium that subjects want with clarifying every types of personal information possible to be more. In addition, 'right to access' has not been well guaranteed by Korean companies in comparison with by the oversea companies which proactively guarantee the right by setting the function enabling subjects to browse their information through their websites or applications.

A Thought on the Right to Be Forgotten Articulated in the European Commission's Proposal for General Data Protection Regulation (유럽연합(EU) 정보보호법(General Data Protection Regulation)개정안상의 잊혀질 권리와 현행 우리 법의 규율 체계 및 앞으로의 입법방향에 관한 소고)

  • Hah, Jung Chul
    • Journal of Digital Convergence
    • /
    • v.10 no.11
    • /
    • pp.87-92
    • /
    • 2012
  • In the early 2012, European Union proposed new legal framework, including the right to be forgotten, for the protection of personal data. The new Proposal articulates kind of sweeping new privacy right and there has been debates on its potential threat to free speech in the digital age. While the situation is similar in Korea, I want to introduce the right to be forgotten in the Proposal. Then, I will analyze current legal system in Korea regarding the new privacy right and suggest some guidelines in searching direction for the coming legislation with respect to the right to be forgotten. The right to be forgotten should not have been promulgated without considering fully its effect on the free speech, especially in the society where the voice toward direct democracy or movement toward participation of the citizen, mainly through cyber space or Social Network Services, has risen much higher in Korea. Especially, the new right seems not to cover the control of data subject on a third party where the third party expressing his opinion by posting himself other's personal data on his blog or others.

A Study on Medical Information Privacy Protection Law and Regulation in the Information Age (정보화시대의 환자진료정보 보호에 관한 법.제도적 고찰)

  • Youn, Kyung-Il
    • Korea Journal of Hospital Management
    • /
    • v.8 no.2
    • /
    • pp.111-129
    • /
    • 2003
  • This study discusses the direction of legislation to strengthen the legal protection of medical records privacy in information age. The legislation trends on privacy protection of medical records in European Union and United States are analysed and the current law and regulation of Korea on medical records are compared. The issues discussed include the ownership of medical records, the patient's right of access to medical records, medical information publication for other than treatment or insurance processing use, confidentiality responsibility of provider organizations, medical information management in provider organizations, penalty for the unlawful use of patient information. This study concludes that the patients' right on medical record and provider organization's responsibility in processing patient information should be strengthened in order to protect patients' privacy and to conform to the international standard on medical record protection in the information age.

  • PDF