• Title/Summary/Keyword: Security law

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A Study on the Legal and Systemic Aspect of Aviation Accident Investigation Organization -Focusing on the Improvement Method- (항공사고조사기구(航空事故調査機構)에 관한 법적(法的) 제도적(制度的) 고찰(考察) -개선방안(改善方案)을 중심(中心)으로-)

  • Yoo, Kyung-In;Kim, Maeng-Sern
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.1
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    • pp.109-139
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    • 2004
  • The first successful sustained powered flight by Wright Brothers was further extended to the rapid development of aviation technology, that led to transpacific flights, the invention of supersonic planes, and enabled hundreds of people to travel in the space, in addition to the fact that around 10 people had stepped on the moon, all of which were made possible within the very same century. However, on the back side of this most wondrous human technology, the vulnerableness to the aviation accident has been constantly accompanied with, right from the very beginning stage of the aircraft development. Moreover, the development of future aircraft is being focused on the aircraft performance, the increment of the number of passengers aboard and also its speed. In proportion to these phenomena of mega sizing the aircraft, the development of new technology and the increment of air traffic volume, the number of aviation accident is expected to augment, resulting in the enormous loss of human lives and properties. In order to prevent the disastrous aviation accident as such, it is essential to conduct the accident investigation in a specialized, systematic and scientific manner. In search for the method to attain the effective function of the aviation accident investigation organization, in this study, issues were examined as follows: The full-time Board Members and the establishment of an integrated investigation agency, The systematized security of status as an accident investigator, Inclusion of a human factors specialist in the investigator group organization, liability limit of an accident investigator Stipulation of the definition and the investigation scope of an accident and serious incident, along with the main body of conducting the investigation into the accident involving both civil and public aircraft, in the regulations related to the accident investigation.

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Groping for Cooperative Space Activities in the Northeast Asia (동북아시아에서의 우주협력의 모색)

  • Rhee, Sang-Myon
    • The Korean Journal of Air & Space Law and Policy
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    • no.spc
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    • pp.59-86
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    • 2007
  • The purpose of this paper is to suggest to tackle the problem of poor cooperation in space activities, by re-examining the nature of the competitive political environment, and by building up a normative overarching framework, One of the most acute problems that hampers regional cooperation is the U.S. influence as represented in the MTCR, a supplier's cartel, as was evidenced in the ill-fate of the 2001 launch contract between China and Korea the next year. Notably China, the third space power in the world, has not been allowed to join the MTCR despite her application in June 2004. A possible reconciliation between China and the MTCR over her application for a partnership would set a cornerstone in building up a cooperative environment in the Northeast Asia. Just as the Helsinki process was an overarching norm building framework, comprising human rights, security and environmental issues, it would be desirable that a future peace framework in Northeast Asia dealing with the pending issues of Korean peninsula should also comprise of such broad issues as one relating to cooperation in space activities in the region. South Korea could tap expertise from her neighbor China. When South Korea become an independent space power either with her own technology or otherwise, she would be in a better position to play a role as a balancer in coordinating between the two neighboring space giants. It is remarkable that the Japanese led APRSAT has contributed much in establishing Sentinel Asia as a part of the Disaster Management Scheme, in that each participant, whether it be a state agency, or a private entity like a university or a research institute, can tap the common data to contribute to the common good of safety.

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The Legal Regime for International Interests in Aircraft Equipment under the Cape Town Convention and Protocol (케이프타운 협약및 의정서 상 항공기 장비의 국제담보권에 관한 법적 제도)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • no.spc
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    • pp.105-135
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    • 2007
  • The Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Aircraft Equipment were adopted on 16 November 2001 at a diplomatic conference held in Cape Town under the joint auspices of UNIDROIT and ICAO. The entry into force of the Cape Town Convention and Protocol have occurred on 1 March 2006. The Cape Town Convention and Protocol provides an international legal regime for the creation, perfection and priority of security, title retention and leasing interests in aircraft equipment, which will be underpinned by an international registry. The purpose of this paper is to explain the objectives and principles of the Cape Town Convention and Protocol, to review the provisions relating to the international interests in aircraft equipment and international registry for their protection under the Cape Town Convention and Protocol, and to discuss the Issues on Korea's accession to the Cape Town Convention and Protocol. As the anticipated results of this paper, it will contribute to facilitate the financing of the acquisition and use of aircraft equipment of high value or particular economic significance in an efficient manner, and to save very large sums of money annually in financing charges, also the international interests in aircraft equipment will be recognized and protected universally.

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A Study on Developing the Model of Reasonable Cost Calculation for Privacy Impact Assessment of Personal Information Processing System in Public Sector (공공기관 개인정보 처리시스템의 개인정보 영향평가를 수행하기 위한 합리적인 대가 산정 모델 개발에 관한 연구)

  • Shin, Young-Jin
    • Informatization Policy
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    • v.22 no.1
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    • pp.47-72
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    • 2015
  • According to the progress of national informatization throughout the world, infringement and threaten of privacy are happening in a variety of fields, so government is providing information security policy. In particular, South Korea has enhanced personal impact assessment based on the law of personal information protection law(2011). But it is not enough to effect the necessary cost calculation standards and changeable factors to effect PIA. That is, the budgets for PIA was calculated lower than the basic budget suggested by Ministry of Government Administration Home affairs(2011). Therefore, this study reviewed the cost calculation basis based on the literature review, cost basis of similar systems, and reports of PIA and obtained to the standard with Delphi analysis. As a result, the standards of PIA is consisted to the primary labors and is utilized to how the weights by division of target system, construction and operating costs of target system, type of target systems, etc. Thus, the results of this study tried to contribute to ensure the reliability of PIA as well as the transparency of the budget for privacy in public sector.

An Investigation of Users' Privacy Protection Behaviors: Factors Affecting Privacy Protection Technology Adoption (개인정보보호 기술 수용행동에 영향을 미치는 요인에 대한 연구)

  • Choi, Bomi;Park, Minjung;Chai, Sangmi
    • Information Systems Review
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    • v.17 no.3
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    • pp.77-94
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    • 2015
  • As Internet has become a popular media for sharing information, users create and share tremendous volume of information including large amount of personal information in cyberspace. Sharing private information online can enhance strength of social relationship but it could also bring negative consequences like information privacy invasion. Although many companies and governments address the importance of information privacy online, there are countless cases of crimes and hackings relating personal information online world wide. Since there are some researches investigating the role of governments and organizations on online privacy domain but there is little research regarding users' privacy protection behaviors. This study investigates relationship between Internet users' information privacy protection behavior and environmental factors. Especially, this study focuses on users' behaviors regarding information privacy protection technology adoption. According to our research results, users' online privacy protective behaviors positively affected by governmental regulations expressed as an information privacy protection law. In addition, if user is allowed to use anonymity when he or she uses online services, they have more tendencies to adopt privacy protection technologies. The detailed research findings and contribution are discussed as well.

A Study on the Privacy Awareness through Bigdata Analysis (빅데이터 분석을 통한 프라이버시 인식에 관한 연구)

  • Lee, Song-Yi;Kim, Sung-Won;Lee, Hwan-Soo
    • Journal of Digital Convergence
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    • v.17 no.10
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    • pp.49-58
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    • 2019
  • In the era of the 4th industrial revolution, the development of information technology brought various benefits, but it also increased social interest in privacy issues. As the possibility of personal privacy violation by big data increases, academic discussion about privacy management has begun to be active. While the traditional view of privacy has been defined at various levels as the basic human rights, most of the recent research trends are mainly concerned only with the information privacy of online privacy protection. This limited discussion can distort the theoretical concept and the actual perception, making the academic and social consensus of the concept of privacy more difficult. In this study, we analyze the privacy concept that is exposed on the internet based on 12,000 news data of the portal site for the past one year and compare the difference between the theoretical concept and the socially accepted concept. This empirical approach is expected to provide an understanding of the changing concept of privacy and a research direction for the conceptualization of privacy for current situations.

The polarization of labour market and social integration - social integrative law & institutions and labour market policy (노동시장양극화와 사회통합방안 - 사회통합적 법·제도와 노동시장정책을 중심으로)

  • Lee, Ho-Geun
    • 한국사회정책
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    • v.20 no.2
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    • pp.261-304
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    • 2013
  • This article is aiming intensively to analyze the polarizing tendency of labour market and social integration. The polarization of labour market is being regarded as one of the hottest issues not less important than those problems of economic growth, employment, income distribution and national security etc. in the national policy. In this article, we will first follow up the important phenomena of labour market polarization and the background as well as its consequence. Especially, it asks if the present labour policy in the new government which is now being concentrated on the improvement of employment rate(from the present 63% to the 70% in the future) could deserve to diminish the polarization of labour market in korea. At one side, this article makes the special attention on the diversifying tendency of labour market and the various phenomena of fragmentation and segmentation in the labour market according to the forms and types of employment and according to the employee's status as much as the company's size. At the other side, it emphasizes that to overcome the polarization of labour market should require the wide reform from the legal measure to the improvement of the wage system, and the qualification system and the social investment as well as the human resource development. Furthermore, this article stresses the importance of integrative approach between the active market policy and the social policy instead of choosing each policy option, seperatively.

A Study on Restriction of Access to Medical Institutions and Discrimination on Human Rights of Persons with Disabilities Not Wearing Masks to Prevent Healthcare-Associated Infections (의료관련감염 예방을 위한 마스크 미착용 장애인의 의료기관 출입제한과 인권차별 결정에 대한 검토)

  • Moon, Sang Hyuk;Kim, Je Sun
    • The Korean Society of Law and Medicine
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    • v.24 no.1
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    • pp.67-98
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    • 2023
  • In the early stages of the COVID-19 pandemic, Korea took the lead in implementing "social distancing" policies more strongly than other countries. In addition to making it mandatory to wear a mask according to the policy, all patients using medical institutions are tested for COVID-19 to prevent Healthcare-Associated Infections, and only those patients who test negative have been regulated to receive face-to-face medical treatment. In this process, situations such as the disabled, who have difficulty wearing masks, were not taken into account, and emergency patients did not receive timely treatment or surgery from medical personnel. In response, the National Human Rights Commission of Korea has decided that forcing everyone to wear a mask and restricting access to medical institutions constitutes discrimination against the disabled. Therefore, the purposes this study has that, the first is to review cases of human rights discrimination against persons with disabilities due to measures to prevent the transmission of infectious diseases that did not consider the characteristics of persons with disabilities in the COVID-19 situation and issues regarding the decisions of the National Human Rights Commission of Korea, the second is to find a reasonable plan and the need for measures to prevent refusal of treatment by medical institutions for the disabled who have difficulty wearing masks.

A Study of the Research the Right to be Forgotten from 2010 (잊힐 권리에 관한 연구동향 분석: 2010년 이후 국내 연구를 중심으로)

  • Shim, Mina
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.26 no.4
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    • pp.1073-1084
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    • 2016
  • The purpose of this study is to present the correct direction of research in related fields by analyzing the trends in the domestic study right to be forgotten. In this study, the final selection of 80 pieces of research papers in various disciplines to search for the study and were analyzed by setting the seven criteria and three research questions. Results, notice that significantly increase the amount of research around the social sciences, starting with the EU rules(draft) has been published in 2012, and around the problem navigating the Law oriented research actively done through a literature review and legal research methods can. Intensive study of the protected rights and the conflict in time towards the latter subject was also increased. The right to be forgotten when considering that big data, digital information such diverse and complex technical issues (service), which still lacks support the implementation of the rights ithil research is desperately needed to know the future with the realization that the scope and research methods. The purpose of this study is to present the research direction of the limits intended for domestic research, but realize effective right to be forgotten by future foreign comparative analysis.

South Korea's strategy to cope with local provocations by nuclear armed North Korea (핵위협하 국지도발 대비 대응전략 발전방향)

  • Kim, Tae-Woo
    • Strategy21
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    • s.31
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    • pp.57-84
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    • 2013
  • North Korea's continuous threats and provocative behaviors have aggravated tension on the Korean peninsula particularly with the recent nuclear weapons test. South Korea's best way to cope with this situation is to maintain the balance among three policy directions: dialogue, sanctions, and deterrence. Among the three, I argue that deterrence should be prioritized. There are different sources of deterrence such as military power, economic power, and diplomatic clouts. States can build deterrence capability independently. Alternatively, they may do so through relations with other states including alliances, bilateral relations, or multilateral relations in the international community. What South Korea needs most urgently is to maintain deterrence against North Korea's local provocations through the enhancement of independent military capability particularly by addressing the asymmetric vulnerability between militaries of the South and the North. Most of all, the South Korean government should recognize the seriousness of the negative consequences that North Korea's 'Nuclear shadow strategy' would bring about for the inter-Korea relations and security situations in Northeast Asia. Based on this understanding, it should develop an 'assertive deterrence strategy' that emphasizes 'multi-purpose, multi-stage, and tailored deterrence whose main idea lies in punitive retaliation.' This deterrence strategy requires a flexible targeting policy and a variety of retaliatory measures capable of taking out all targets in North Korea. At the same time, the force structures of the army, the air force, and the navy should be improved in a way that maximizes their deterrence capability. For example, the army should work on expanding the guided missile command and the special forces command and reforming the reserve forces. The navy and the air force should increase striking capabilities including air-to-ground, ship-to-ground, and submarine-to-ground strikes to a great extent. The marine corps can enhance its deterrence capability by changing the force structure from the stationary defense-oriented one that would have to suffer some degree of troop attrition at the early stage of hostilities to the one that focuses on 'counteroffensive landing operations.' The government should continue efforts for defense reform in order to obtain these capabilities while building the 'Korean-style triad system' that consists of advanced air, ground, and surface/ subsurface weapon systems. Besides these measures, South Korea should start to acquire a minimum level of nuclear potential within the legal boundary that the international law defines. For this, South Korea should withdraw from the Nuclear Non-proliferation Treaty. Moreover, it should obtain the right to process and enrich uranium through changing the U.S.-South Korea nuclear cooperation treaty. Whether or not we should be armed with nuclear weapons should not be understood in terms of "all or nothing." We should consider an 'in-between' option as the Japanese case proves. With regard to the wartime OPCON transition, we need to re-consider the timing of the transition as an effort to demonstrate the costliness of North Korea's provocative behaviors. If impossible, South Korea should take measures to make the Strategic Alliance 2015 serve as a persisting deterrence system against North Korea. As the last point, all the following governments of South Korea should keep in mind that continuing reconciliatory efforts should always be pursued along with other security policies toward North Korea.

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