• Title/Summary/Keyword: Security law

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Development of Freelance System for Private Security Work (민간경비업무 프리랜서제도 발전방안)

  • Ha, Jeong Hoon
    • Korean Security Journal
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    • no.60
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    • pp.137-153
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    • 2019
  • The private security industry in Korea has developed considerably with the development of economic growth and IT technology. The purpose of this study is to explore the development method of the freelance system for private security work based on the problems of the freelance system that CEO of the security company in the private security work field recognize. To accomplish the purpose of this study, we interviewed 3 professors and 6 CEO of the security company to analyze the data. They suggested the development of the freelance system of private security work as follows. First, the systematic management of freelance security guards is needed. Secondly, the training for the manager of the freelance security guards should be done. Third, a minimum wage compliance check is required. Fourth, the contents of freelance system should be added to the reality in accordance with the security law. Fifth, the social security system of freelance security guards should be improved. Sixth, the establishment of a freelance security guard cooperative is necessary.

New Trends in Private International Law and Our Response (국제상거래(國際商去來)의 사법통일(私法統一)노력과 우리의 대응(對應))

  • Park, Whon-Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.65-84
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    • 1999
  • During the past few decades, we have witnessed three approaches to overcome the legal disparities between trading countries: - determining the individual governing law in accordance with the conflict of laws principle; - unifying and harmonizing private international law into uniform rules and substantive laws under the auspices of ICC, UNCITRAL, UNIDROIT and various NGOs ; and - drafting model laws like the UNCITRAL Model Law on Electronic Commerce and promoting member countries to enact them. Against this backdrop, the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the process by which it was adopted, established the benchmark for the unification of commercial law. The CISG, completed in 1980, merged civil and common law concepts and came into force in 1988 after a certain number of countries endorsed the treaty. Besides the CISG, the U.N. Limitations Convention and the UNIDROIT Principles of International Commercial Law, to name a few, have attempted to set cross-border legal norms and standards in the international business transactions. However, since the advent of computer-based commerce, there have emerged all-out efforts to establish uniform rules before national legal systems have been developed. As a consequence, the Model Law on Electronic Commerce has become a specimen legislation covering functional equivalents of paper-based writing and signature. For the credit enhancement exemplified by the Uniform Rules for Demand Guarantees (ICC Publication No.458), the UNCITRAL prepared the U.N. Convention on Independent Guarantees and Stand-by Letters of Credit, which was adopted by the U.N. General Assembly in 1995 but remains still not effective as only two countries have ratified this treaty so far. In this connection, two draft conventions underway at UNIDROIT and UNCITRAL deserve our attention as the probability of unification in the Korean Peninsula is mounting. They are to create security interests for commercial finance in moveable equipment and accounts receivable. The UCC-type security rights are regarded to be useful to enable the North Koreans with limited properties to borrow from the banks.

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The Viability of the Malaysian Penal Code in Handling Physical Damage Caused by Malware

  • Rahman, Rizal;Zakaria, Mohd Sophian
    • International Journal of Computer Science & Network Security
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    • v.21 no.5
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    • pp.52-56
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    • 2021
  • There is no assurance that malware could only cause virtual damage to computer programs and data as its potential is endless. However, legal provisions were earlier developed to cater to either a physical damage caused by a physical action or a virtual damage caused by a virtual action. When crossovers occur, it becomes quite uncertain as to how viable the current laws are in handling this matter. The author seeks to address the issue from the perspective of the laws of Malaysia.

A Study on the Retention of Title under UCC (UCC상 소유권유보에 관한 연구)

  • MIN, Joo-Hee
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.75
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    • pp.29-48
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    • 2017
  • This study describes the retention of title under UCC. UCC ${\S}$ 2-401 prescribes that any retention or reservation by the seller of the title (property) in goods shipped or delivered to the buyer is limited in effect to a reservation of a security interest. It means that the retention of title generates a security interest in the same way like a charge. To be effective, a security interest must be attached or perfected. Once attachment occurs, a security interest is enforceable against the buyer. Once a security interest is perfected, a security interest is enforceable against third parties. Under UCC, a simple retention of title clause is valid as long as it is incorporated into the contract of sale. If the seller acquires a perfected security interest, he as a secured party can enjoy a priority against other creditors. But if a security interest is not perfected but PMSI is afforded, the seller has a special priority. Secondly, under UCC ${\S}$ 9-335 and 9-336, if a security interest under an enlarged retention of title clause is perfected, the seller as the secured party has a valid security interest in the product or mass into which his goods have been mixed or commingled. But in terms of assession of goods, as the seller has a security interest only in his goods, if the seller wants to enlarge his security interest in the whole, a security agreement should cover its intention. Thirdly, under UCC ${\S}$ 9-315, a security interest in proceeds of subsale of goods supplied by the seller is a perfected security interest if the security interest in the original collateral was perfected. But if the proceeds are cash proceeds, it should be identifiable from other funds of the buyer.

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Legal Problems of Crimes against Aircraft Safety in Korean Law (항공안전 관련 형사특별법에 대한 연구)

  • Song, Seong-Ryong;Kim, Dong-Uk
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.2
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    • pp.69-100
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    • 2011
  • The penalty clauses of 'Aviation Act' and 'Aviation Safety and Security Act' going into effect now were legislated because the aviation safety is being more influenced by the aviation safety system compared to the ground or maritime transportation and it is possible the aircraft can harm to people and wealth located in the ground as well as threaten the safety of the passengers and crew on board when it is the target of crimes. However, analyzing the current acts, applicable objects and behavioral requirements of some provisions are too general, and they are providing severely high penalties in many clauses without separating applicable objects and behavioral requirements. In addition, there are some critical legislative defects and there is a problem in terms of law-applicable area in the legal system. It is inferred that these legislative problems of the criminal special-law related to the aviation were caused by following reasons; first, aviation security experts or policy-makers than criminal law experts attended more actively in the enactment process, second, the communication among specialist groups were not accomplished well enough.

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International Legal Measures of Protection of Critical Infrastructure Facilities in Banking Sphere

  • Oleg, Batiuk;Oleg, Novikov;Oleksandr, Komisarov;Natalia, Benkovska;Nina, Anishchuk
    • International Journal of Computer Science & Network Security
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    • v.22 no.10
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    • pp.145-154
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    • 2022
  • Based on the obtained results of the study, the most problematic issues and legal conflicts are identified, which are related to the ratio of norms of domestic and foreign legislation, taking into account the requirements of the Constitution of Ukraine and the provisions of the Law of Ukraine "On international agreements". Along with this, it is stated in this scientific article that there are a number of provisions and examples of positive practice on the specified topic abroad and in international legal acts today, which should be used by Ukraine both in improving legislation on the issues of banking activity and in increasing the level of criminal legal protection of relevant critical infrastructure facilities, especially those that are substantively related to prevention and counteraction of activity, with regard to the legalization (laundering) of criminally obtained funds, financing of terrorism and the financing of the proliferation of weapons of mass destruction, which is quite relevant for our state, given the military conflict that is taking place on its territory in the Donbass. Again, in the same context, the need for more active cooperation between Ukraine and the FATF (international body developing a policy to combat money laundering) has been proven.

Law and Regulatory Trends on Information Security of IoT (IoT 정보보호 법·규제 동향)

  • Kim, Pang-ryong
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2015.05a
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    • pp.781-782
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    • 2015
  • As growth engines such as cloud, social networks, big data that can affect the security market have been grown, the information security industry has has also rapidly evolved. Reviewing information security policies carried out in USA, UK and Japan, this paper examines trends on the IoT-related information protection law and regulations that are at issue around the major developed countries. Through this research, we can get the implication that measures be taken as soon as possible to apply the existing data protection laws in the Internet of Things.

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Problems of Regulatory and Legal Support of Polygraph Application in Ukraine

  • Irkha, Yurii;Butenko, Oleksii;Pogrebytskyi, Mykola;Manzhai, Oleksandr;Krushynskyi, Serhii
    • International Journal of Computer Science & Network Security
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    • v.21 no.12
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    • pp.203-206
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    • 2021
  • The article is devoted to the study of the problems of polygraphic research to obtain forensically significant information. An analysis of the legal basis for the use of the polygraph in Ukraine. Problematic issues concerning the appropriateness of using a polygraph in the investigation and detection of crimes have been studied. The domestic legal norms that regulate this issue, as well as foreign experience are analyzed. The article reveals the essence of the polygraph, the legal basis and requirements for its use. Attention is drawn to the main difficulties of using a polygraph and ways to solve them.

A Study on procedure of Criminal Cases related to the Security (안보형사법제도의 바람직한 개선방향 제시 - 안보사례분석을 중심으로 -)

  • Joo, Seong-Bhin
    • Korean Security Journal
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    • no.43
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    • pp.231-257
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    • 2015
  • Today, the international community make every effort to suppress security crimes, to provide numerous institutional strategies and to prevent security crimes such as the terrorism and spy. Particularly, developed countries in the field of security are strengthening related legislation under new-security conditions. Things work a little differently about security crimes because the nation's benefit and protection of the law is the basis of individual benefit and protection of the law under investigation procedure of the security crimes. Therefore they have policy that permits major investigative agency under the arrest and detention procedure(e.g. security and communication monitoring ${\ldots}$). Criminal procedure's improvement and reinforcement are very important for events related security. But, The investigation procedure between criminal offense and security crimes makes no odds in the Korea. Continuance of such a national mood will accuse of not responding appropriately in preparation for new-security conditions recently. To revise with international best security legislation, We should institute a proper registration system in Korea's situation. This study have been discussing how to improve related legislation under new-security conditions through the cases analysis of the arrest and detention procedure in Korea.

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Research for the Security Studies in the Universities of U. S. A. (미국 대학 시큐리티 교육내용에 관한 연구 -한국 대학교육과 비교를 중심으로-)

  • Gong, Bae-Wan
    • Convergence Security Journal
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    • v.11 no.2
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    • pp.35-43
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    • 2011
  • In the universities of U.S.A., Criminal Justice is the interdisciplinary study of the institutions and policies that constitute the criminal justice system, as well as theories of human behavior and philosophies of justice related to the maintenance of social order, the control of crime, and the achievement of a just society. There are 103 American Universities have Criminal Justice department and they provide about 180 differents courses as a pre-requisition or optional subject in the major. The most 10 courses that those colleges adopted are Introduction to Criminal Justice, Criminal Law, Criminology, Criminal Procedures, Research Methods in Criminal Justice, Criminal Investigation, Juvenile Justice, Terrorism, Ethical Issues in Criminal Justice, Introduction to Psychology or Introduction to Sociology. Also, 10 fields more important in the major if we group together similar courses those are Criminal Justice and Procedures Sequences, Law, Justice and corrections, Theory and Methods Sequences, Homelend Security and Security Operations, Forensics and Cybercrime, Management and Administration, Police, Race and Ethnicity, General Requirements, Other Social Science Fields. The combined degree program leading to Bachelor of Arts Degree in Criminal Justice and Master in Public Administration provides a concentration in criminal justice, management, administration, and leadership. They have big different courses between USA and Korea event though they have similar educative goal and way of approach to the target in the major.