• Title/Summary/Keyword: Right to protection

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A Study on the Disclosure and Exemption of the Personal Data (개인정보의 공개와 보호에 관한 연구 - 영국 사례를 중심으로 -)

  • Kim, Jung Ae
    • The Korean Journal of Archival Studies
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    • no.29
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    • pp.225-268
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    • 2011
  • The general public are interested in the politics and form public opinion and keep in check the government for true democracy. The general public have the right to be furnished information from the government. And the government should enact the Freedom of Information Act to provide the public's right to know. At the same time, the government should enact the Data Protection Act to provide the public's right to privacy. There is a friction between the Freedom of Information Act and the Data Protection Act. It's hard to maintain the proper balance between the Freedom of information Act and the Data Protection Act, but many countries try to do so. The UK enacted the Data Protection Act 1998(DPA), which entered into force on 2000, to comply with EU Directive 1995. The Freedom of Information Act 2000(FOI), which came fully into force on 2005, was passed in 2000. The FOI imposes significant duties and responsibilities on public authorities to give access to the information they hold. The purpose of this study is to consider the provisions of the personal data in FOI and DPA. Besides this, it identifies the complaint cases on public authorities about the disclosure and exemption of the personal data in comparison with the acts. If information is the personal data of the person making the request, it will disclose under the DPA. If information is the personal data of a third party, it will disclose under the FOI. These acts interact each other to make up for the weak points in the other to make a proper application of the act on public authorities. This study may have any limitation in making a comparative study of the disclosure and exemption of the personal data in Korea. But it is expected to provide a basis for understanding the disclosure and exemption of the personal data in the UK.

Change of the Protection Efficiency in Each Part of Developed Pesticide-Proof Clothes by Repeated Washings (개발 과수용 농약방제복의 반복세탁에 따른 부위별 농약 방호성능의 변화)

  • Shin, Jeoung-Hwa;Hwang, Kyoung-Sook;Lee, Hyo-Hyeon
    • The Korean Journal of Community Living Science
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    • v.22 no.4
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    • pp.615-621
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    • 2011
  • This study was conducted to evaluate of the protection efficiency in each part of developed pesticide-proof clothes by repeated washings. We investigated the effect of repeated laundering on mechanical properties of pesticide-proof clothes (not washed vs 5 times washed). We also examined pesticide infiltration rate into the pesticide-proof clothes by repeated laundering. The patches(TCL paper, surface area 50cm2)were attached to the inside of pesticide-proof clothes(head, chest, right upper-arm, right forearm, left thigh, left calf, back) which subjects had dressed in during pesticide spraying. The patches were detached from working clothes after work. For the extraction of pesticide in pesticide-proof clothes, sonication was applied for 30 min with methanol. The gas chromatography/mass spectrometry (GC/MS) was applied to identify the pesticide component. The results of this study are as follows: The force strength, water-vapour resistance and surface wetting resistance of pesticide-proof clothes decreased 5 times more in washed clothes. The concentration of pesticide was the highest in the head area of pesticide-proof clothes. In seven parts of TLC paper attached to the pesticide proof clothes, the concentration of pesticide was higher in the left thigh. The penetration part and concentration of pesticide increased as washing was repeated. Therefore the conclusion which can be drawn from this study is this: protection efficiency of pesticide-proof clothes decrease by repeated washings.

Introduction of Plant Variety Protection Right and Plant Patent System of Ornamental Crops in U.S.A (미국 화훼류 품종보호제도 및 식물특허 운영실태)

  • Lee, Ho-Sun;Choi, Keun Jin;Hwang, Suk-Jung
    • FLOWER RESEARCH JOURNAL
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    • v.16 no.4
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    • pp.325-332
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    • 2008
  • This paper outlines the system and operation of plant variety protection right and plant patent of ornamental crops in USA to guide for application of new varieties developed in Korea and to use for national examination of applied variety from USA. The Plant Variety Protection Act(PVPA) in USA is given as PVPR to the developers of new variety for the seed propagating crops and tubers and provides as plant patent for asexually reproducing crops. A certificate of PVPR and plant patent is awarded to an owner of a variety has shown that it is new, distinct from other varieties, genetically uniform and stable through successive generations by official evaluation without the growing trial. The term of protection for plant patent and PVPR for most crops is 20 years but 25 years for trees, shrubs, and vines. The application of ornamental variety in USA is mostly for plant patent. The application of ornamental crops accounted for 87% of total applications for plant patent. The ratio of new variety applications for plant patent from national and foreign countries is not significant differences.

Complete Repair of Tetralogy of Fallot in Neonate or Infancy (신생아및 영아기 활로씨 사징증의 완전 교정술)

  • 이정렬
    • Journal of Chest Surgery
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    • v.25 no.1
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    • pp.32-41
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    • 1992
  • From August 1982 to December 1991, 58 consecutive infants with tetralogy of Fallot underwent primary repair. Age ranged from 22 days to twelve months [n=58, 8.7$\pm$2.7 months] and body weight from 3.1 to 13 kilograms [n=58, 7.8$\pm$1.7 kilograms]. Qne infant had absence of the pulmonary valve; one had Ebstein`s anomaly and one had supramitral ring. Thirty-two patients [56%] experienced anoxic spell. Preoperative pulmonary artery indices were measured in 38 cases, ranging 126-552mm2/M2BSA[n=38, 251$\pm$79mm2/M2BSA]. All infants required a right ventricular outflow tract patch; in 41, the patch extended across the pulmonary valve annulus, in 13 of them, monocusps were constructed. All had patch closure of ventricular septal defect. Two infants had REV operation for avoiding injury to the canal branch of the right coronary artery which cross the right ventricular out flow tract. Post repair PRV/LV were measured at operating room in 40 cases, which revealed mean value of 0.49$\pm$0.12 [range: 0.25-0.74]. The hospital mortality was 10.3% [6 patients], and causes of deaths were right heart failure due to sustained right ventricular hypertension[4] and right ventricular outflow tract obstruction, intractablesuraventricular tachyarrhythmia[1], hypoxia[1] due to residual right to left shunt across the atrial septal defect in patient associated with Ebstein`s anomaly. All infants were doing well at follow-up from 1 to 101 months[20.6 months /patient, 1, 072 patient-month] Serial postoperative echocardiograms revealed no residual ventricular septal defects and estimated RVOT gradients between 0 and 40 mmHg except 3 cases [50, 50, 60 mmHg]. There were no late deaths and late ventricular arrhythmias or congestive heart failure. Redo operations were done in 2 cases because of residual right ventricular outflow tract obstruction. This experience with infants with tetralogy of Fallot suggests that, if mortality is tolerable, eletive repair of tetralogy of Fallot could be reasonably undertaken during the first year of life, and even better results could be anticipated along with improvement of methods of myocardial protection and postoperative care.

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Compare Patient Right and Consumer Right in Medical Field (보건의료현장에서 환자의 권리와 의료소비자로서의 권리 비교)

  • Jung, Younghoon
    • Health Policy and Management
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    • v.27 no.1
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    • pp.3-17
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    • 2017
  • In the traditional medical field, the patient was a person to receive protection from the doctor because there are vertical relationship between the patient and the doctor. But in modern medical field, patients change their role to health-care consumer to be guaranteed their rights more actively. This study compare patient's rights in doctor's vocational ethics and patient's rights in law, consumer rights. This study analyzes what is type of law-relationship between patients and doctor and how can they act health-care as health-care consumer.

The Right to a Humane Livelihood and the Right to Health on Korean Constitution (인간다운 생활을 할 권리와 건강권)

  • Park, Jiyong
    • The Korean Society of Law and Medicine
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    • v.20 no.1
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    • pp.3-24
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    • 2019
  • This research examines the constitutional meaning of the right to health through reviewing the decisions of the Constitutional Court and proposed amendment of the Constitution issued by the President. This article further discusses the relationship between the right to a humane livelihood and the right to health. Health is a fundamental freedom and inalienable human right which is a prerequisite to accomplish individual's independent activity and realization of value. Thus, the government is obligated to protect and uphold the right. Article 36(3) of the Constitution delineates the government's duty to protect and fulfill the right to health. Through the interpretation of both Article 36(3) and Article 34 of the Constitution, I suggest that the right to health implies 'the right to social security for health'. The Constitutional Court has narrowly interpreted the scope of the right to a humane livelihood by defining the term as "minimum material living standards". However, it should be interpreted as 'the right to enjoy a healthy and cultural life for human dignity' and setting the level of protection is solely on the discretion of the legislative branch. Ultimately, the judicial review on the right to a humane livelihood connects with the issue of rational control for legislative discretion.

Flush Optimizations to Guarantee Less Transient Traffic in Ethernet Ring Protection

  • Lee, Kwang-Koog;Ryoo, Jeong-Dong
    • ETRI Journal
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    • v.32 no.2
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    • pp.184-194
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    • 2010
  • Ethernet ring protection (ERP) technology, which is defined in ITU-T Recommendation G.8032, has been developed to provide carrier grade recovery for Ethernet ring networks. However, the filtering database (FDB) flush method adopted in the current ERP standard has the drawback of introducing a large amount of transient traffic overshoot caused by flooded Ethernet frames right after protection switching. This traffic overshooting is especially critical when a ring provides services to a large number of clients. According to our experimental results, the traditional FDB flush requires a link capacity about sixteen times greater than the steady state traffic bandwidth. This paper introduces four flush optimization schemes to resolve this issue and investigates how the proposed schemes deal with the transient traffic overshoot on a multi-ring network under failure conditions. With a network simulator, we evaluate the performance of the proposed schemes and compare them to the conventional FDB flush scheme. Among the proposed methods, the extended FDB advertisement method shows the fastest and most stable protection switching performance.

Design on Protection and Authentication System of IPTV Contents using OTP (OTP를 이용한 IPTV 콘텐츠 보호 및 인증 시스템 설계)

  • Kim, Dae-Jin;Choi, Hong-Sub
    • The Journal of the Korea Contents Association
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    • v.9 no.8
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    • pp.129-137
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    • 2009
  • While the broadband network and multimedia technologies have been developing, the commercial market of digital contents also has been widely spreading with recently starting IPTV. As the IPTV services are getting to be generalized and popularized, the contents protection and authentication system tends to draw more attentions. So we need a system that can protect contents and allow only authenticated person to use right service by controling user authority and using content encryption. Until now, the conventional protection and authentication system is taking advantages of merits both in CAS and DRM. But the weak point of this system are in high costs, complexity and using HW. For resolving these problems, in this paper, we proposed IPTV contents protection and authentication system using OTP. When we transmit the content encrypted by OTP key using contents delivery technology, we operate XOR with contents using another settop-box's OTP key which was transmitted from distribution server. And contents are reconstructed and transmitted to the settop-box, In the end, downloaded content are encrypted by OTP key and are superior in content protection when contents redistribution. Since OTP use double-authentication elements in encryption process, this method is excellent in content protection. And it is very effective in cost aspect because it could be implemented by SW program. Another benefit is that we can shorten the development time period. In this paper, we propose and find its possibility as a new content protection and authentication method suitable for IPTV services.

A Study on "The Right to be Forgotten" in Cyber Space (사이버 공간에서의 '잊혀질 권리')

  • Park, Kwang-Hyun
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2015.07a
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    • pp.121-123
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    • 2015
  • 본 논문에서는 잊혀질 권리에 대한 법정책적 검토를 논하고자 한다. 잊혀질 권리는 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 자유 및 국민의 알권리를 제한하는 결과를 초래하기 때문에 일정한 한계를 노출할 수밖에 없다. 비록 현행 개인정보보호법 및 정보통신망 이용촉진 및 정보보호 등에 관한 법률 제44조의 2는 개인정보의 파기제도를 신설하여 부분적으로 잊혀질 권리를 반영하고 있지만 헌법상 중요한 가치인 프라이버시권과 표현의 자유 및 알권리의 조화롭게 균형을 찾는 것이 선행과제인 것이다.

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A Study on Legal Protection, Inspection and Delivery of the Copies of Health & Medical Data (보건의료정보의 법적 보호와 열람.교부)

  • Jeong, Yong-Yeub
    • The Korean Society of Law and Medicine
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    • v.13 no.1
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    • pp.359-395
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    • 2012
  • In a broad term, health and medical data means all patient information that has been generated or circulated in government health and medical policies, such as medical research and public health, and all sorts of health and medical fields as well as patients' personal data, referred as medical data (filled out as medical record forms) by medical institutions. The kinds of health and medical data in medical records are prescribed by Articles on required medical data and the terms of recordkeeping in the Enforcement Decree of the Medical Service Act. As EMR, OCS, LIS, telemedicine and u-health emerges, sharing and protecting digital health and medical data is at issue in these days. At medical institutions, health and medical data, such as medical records, is classified as "sensitive information" and thus is protected strictly. However, due to the circulative property of information, health and medical data can be public as well as being private. The legal grounds of health and medical data as such are based on the right to informational self-determination, which is one of the fundamental rights derived from the Constitution. In there, patients' rights to refuse the collection of information, to control recordkeeping (to demand access, correction or deletion) and to control using and sharing of information are rooted. In any processing of health and medical data, such as generating, recording, storing, using or disposing, privacy can be violated in many ways, including the leakage, forgery, falsification or abuse of information. That is why laws, such as the Medical Service Act and the Personal Data Protection Law, and the Guideline for Protection of Personal Data at Medical Institutions (by the Ministry of Health and Welfare) provide for technical, physical, administrative and legal safeguards on those who handle personal data (health and medical information-processing personnel and medical institutions). The Personal Data Protection Law provides for the collection, use and sharing of personal data, and the regulation thereon, the disposal of information, the means of receiving consent, and the regulation of processing of personal data. On the contrary, health and medical data can be inspected or delivered of the copies, based on the principle of restriction on fundamental rights prescribed by the Constitution. For instance, Article 21(Access to Record) of the Medical Service Act, and the Personal Data Protection Law prescribe self-disclosure, the release of information by family members or by laws, the exchange of medical data due to patient transfer, the secondary use of medical data, such as medical research, and the release of information and the release of information required by the Personal Data Protection Law.

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