• The Korean Journal of Air & Space Law and Policy
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• v.28 no.1
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• pp.3-54
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• 2013

Nowadays, major advanced countries in aviation technology are putting their effort to develop commercial and civil Unmanned Aircraft System(UAS) due to its highly promising market demand in the future. The market scale of commercial and civil UAS is expected to increase up to approximately 8.8 billon U.S. dollars by the year 2020. The usage of commercial and civil UAS covers various areas such as remote sensing, relaying communications, pollution monitoring, fire detection, aerial reconnaissance and photography, coastline monitoring, traffic monitoring and control, disaster control, search and rescue, etc. With the introduction of UAS, changes need to be made on current Air Traffic Management Systems which are focused mainly manned aircrafts to support the operation of UAS. Accordingly, the legislation for the UAS operation should be followed. Currently, ICAO's Unmanned Aircraft System Study Group(UASSG) is leading the standardization process of legislation for UAS operation internationally. However, some advanced countries such as United States, United Kingdom, Australia have adopted its own legislation. Among these countries, United States is most forth going with President Obama signing a bill to integrate UAS into U.S. national airspace by 2015. In case of Korea, legislation for the unmanned aircraft system is just in the beginning stage. There are no regulations regarding the operation of unmanned aircraft in Korea's domestic aviation law except some clauses regarding definition and permission of the unmanned aircraft flight. However, the unmanned aircrafts are currently being used in military and under development for commercial use. In addition, the Ministry of Land, Infrastructure and Transport has a ambitious plan to develop commercial and civil UAS as Korea's most competitive area in aircraft production and export. Thus, Korea is in need of the legislation for the UAS operation domestically. In this regards, I personally think that Korea's domestic legislation for UAS operation will be enacted focusing on following 12 areas : (1)use of airspace, (2)licenses of personnel, (3)certification of airworthiness, (4)definition, (5)classification, (6)equipments and documents, (7)communication, (8)rules of air, (9)training, (10)security, (11)insurance, (12)others. Im parallel with enacting domestic legislation, korea should contribute to the development of international standards for UAS operation by actively participating ICAO's UASSG.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.2
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• pp.203-237
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• 2011

Since USSR successfully launched its satellite "Sputnik"in 1957, many countries including US and USSR began military use of space, and engaged in arms race in space, which is against spirit and ideals of peaceful use of space as common heritage of mankind stipulated in many treaties such as Outer Space Treaty. With worsening Cold War between East and Western Bloc, this military use of space and arms race in space has been intensifying. Regarding the ideals of peaceful use of space, it is interpreted that military use of space is possible unless it does not have the purpose of aggression. The military use of space may have diverse forms such as attacking satellites in space, or attacking from satellites, making use of present and future technologies available which should include the use of nuclear and kinetic/hyper-speed weapons, laser, particle beams, near explosion, disturbance weapons in different directions (i.e., surface to space, space to space, and space to surface). Arms control is being implemented by the efforts of many countries in different formalities including legislature of international treaties under the auspices of UNCOPUOS and prohibition of weapons of mass destruction. Taking outstanding examples aiming at arms control by international community, there are confidence building measures (CBM), strengthening implementation of existing treaties, partial ban of nuclear tests, countryand regional approach, comprehensive approach and measures having legally binding force. While U.S. has surpassed other countries concerned in the area of military useof space, it withdrew from OST in early 2000s, thereby raising concern of international community. It requires concerted efforts of cooperationand implementation by international society to make sure peace of mankind and environmental conservation through arms control in space. Observing de facto possession of nuclear weapons by North Korea following series of nuclear tests and launching satellites, and efforts of launching rockets by South Korea, it is strongly needed for both countries to take part in arms control efforts by international community.

• Korean Journal of Labor Studies
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• v.23 no.1
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• pp.47-83
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• 2017

The Swedish labor market secures flexibility in the use of labor force by means of non-regular workers such as temporary workers among others instead of regular workers' layoffs. Although the labor law reform in the late 2000s made it easier to use temporary workers and the outbreak of the economic crisis strengthened the power of user firms against labor unions, the size of temporary workers was scaled down. It is the aim of this study to analyze the change in the use of temporary workers, to examine the effect of the labor law reform and that of economic crisis in that regard, and to explain how, over the use of temporary workers, user firms' strategy to secure flexibility and labor unions' strategy to regulate flexibility interact with each other so as to establish a new equilibrium through conflicts and compromises. The labor law reform to enhance the flexibility in the use of temporary workers failed to entail amendments of collective contracts. Besides, out of the economic crisis, user firms adopted a new policy to use third party workers more, refraining from employing temporary workers. That's why the number of temporary workers has declined eventually. User firms prefer to use third party workers because they could avoid their own responsibility as an employer and they could rely on 'permanent temporary' workers without any time limit. Labor unions, however, responded with a strategy to lay more strict regulations on the use of third party workers, so that third party workers could be used only for limited cause for external numerical flexibility. As a result, the managed flexibility thesis comes to prevail to the usage of non-regular workers in general beyond the category of agency workers. Korea with severe abuse of third party workers should learn from Swedish labor unions' strategy to provide third party workers with stronger employment security and higher wages so as to prevent user firms from abusing third party workers.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.63-101
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• 2020

'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.

• Korean Security Journal
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• no.15
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• pp.29-50
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• 2008

Many countries throughout the world have enacted laws on terrorism in the light of the changes that time has brought to them, geographical features, cultural values, and environmental elements. Especially some advanced European nations prescribe the definition of terrorism, the purpose of terrorism, the behavior of terrorism, and the types of crimes related to terrorism and so on for the following reason that it is more vital for the authorities concerned to investigate and punish terrorists after the rise of terrorism. In this regard, this paper analyzes legislative countermoves against terrorists of advanced countries such as France, Germany, and England and through this sheds light on the need of future anti-terrorism bills. The legislative basic guidelines directly to manipulate future terrors based on theories derived from this study could be summarized as follows. In the first place, providing laws on direct investigative power and harsher punishment to those involved in terrorism is a prerequisite for social security and thus the presidential directive of the state anti-terrorism action guidelines just deals with administrative measures without any effective response to terrorism. Hence it is urgent to make anti-terrorism bill concerning investigation and punishment of terrorists. In the second place, it is associated with the objectives of terror. The expression "all sorts of" stated in Korean law is so quite unclear that it can not fulfill the required conditions for naming it "crime". Comprehending provisoes of the crime that meets the purpose of the terrorists is necessary in order to investigate and inflict punishment on them. Therefore, it is advisable to establish specific and precise principles such as political, social, ideological, and religious purpose of terrorists in the bill. In the third place, to meet the flow of times of technicalization, informatization, such provisoes as destruction of electronic data system, crimes related to nuclear materials, purchases of weapons by terrorists, tax administration for prohibition of sale, and arson should be considered in terror bill. In the fourth place, nonselective attack toward unspecified individuals has become a serious issue in our society. Terrorists leave poisonous foods or beverages to crowded place or dump toxic chemicals into river intentionally. Therefore more strict regulations must be included in terror bill to prevent possible terrorist attacks.

• Proceedings of the Korea Institutes of Information Security and Cryptology Conference
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• 2003.12a
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• pp.543-559
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• 2003

The information drive of the businesses requires new alternatives in that the promotion of business efficiency through information process technologies ends up conflicting with the protection of information human rights on laborers’side. Nevertheless, apathy on information protection has a tendency to be distorted by the efficiency of the businesses. Should the capital and mass media warn economic red lights, political circles with uneasiness would ignore the significance of information protection on the behalf of business efficiency. Therefore, the importance of information protection is considered a smaller interest than that of business efficiency with the infringements of human rights on laborers’side arising. Informatization of the businesses along with the developments of information process technologies has enabled the management to monitor and control the behaviors of laborers. This new problem needs to establish both information protection mechanism and institutional devices to regulate those labor controls. The security of business activity without human rights infringement warrants both basic rights of the public and spirit of the Constitution. The study suggests the establishment and revision of laws suitable to the period of information human rights. On top of that, the establishment of the basic law for information protection of individuals’with the common principle that integrates the related laws and rules on-off line is needed. This will warrant the active participation of labor unions and create specific alternatives for information protection.

• The Korean Society of Law and Medicine
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• v.23 no.4
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• pp.29-74
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• 2022

As social disasters occur under the Disaster Management Act, which can damage the people's "life, body, and property" due to the rapid spread and spread of unexpected COVID-19 infectious diseases in 2020, information collected through inspection and reporting of infectious disease pathogens (Article 11), epidemiological investigation (Article 18), epidemiological investigation for vaccination (Article 29), artificial technology, and prevention policy Decision), (3) It was used as an important basis for decision-making in the context of an infectious disease crisis, such as promoting vaccination and understanding the current status of damage. In addition, medical policy decisions using infectious disease data contribute to quarantine policy decisions, information provision, drug development, and research technology development, and interest in the legal scope and limitations of using infectious disease data has increased worldwide. The use of infectious disease data can be classified for the purpose of spreading and blocking infectious diseases, prevention, management, and treatment of infectious diseases, and the use of information will be more widely made in the context of an infectious disease crisis. In particular, as the serious stage of the Disaster Management Act continues, the processing of personal identification information and sensitive information becomes an important issue. Information on "medical records, vaccination drugs, vaccination, underlying diseases, health rankings, long-term care recognition grades, pregnancy, etc." needs to be interpreted. In the case of "prevention, management, and treatment of infectious diseases", it is difficult to clearly define the concept of medical practicesThe types of actions are judged based on "legislative purposes, academic principles, expertise, and social norms," but the balance of legal interests should be based on the need for data use in quarantine policies and urgent judgment in public health crises. Specifically, the speed and degree of transmission of infectious diseases in a crisis, whether the purpose can be achieved without processing sensitive information, whether it unfairly violates the interests of third parties or information subjects, and the effectiveness of introducing quarantine policies through processing sensitive information can be used as major evaluation factors. On the other hand, the collection, provision, and use of infectious disease data for research purposes will be used through pseudonym processing under the Personal Information Protection Act, consent under the Bioethics Act and deliberation by the Institutional Bioethics Committee, and data provision deliberation committee. Therefore, the use of research purposes is recognized as long as procedural validity is secured as it is reviewed by the pseudonym processing and data review committee, the consent of the information subject, and the institutional bioethics review committee. However, the burden on research managers should be reduced by clarifying the pseudonymization or anonymization procedures, the introduction or consent procedures of the comprehensive consent system and the opt-out system should be clearly prepared, and the procedure for re-identifying or securing security that may arise from technological development should be clearly defined.

• Journal of the Korean Association of Geographic Information Studies
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• v.14 no.4
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• pp.1-12
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• 2011

There has been the increasing concern with the safety of seven major urban infrastructure such as road, electricity, water supply, sewerage and so on due to urban expansion and new town development. However, high technology development for the common duct which can be an alternative for the safety issue has not been completed due to the law of the national security area. Existing management method of the common duct by people could not respond to the urgent accidents adequately and immediately since it is impossible for us to get access to that in case of fire or gas leak. This study suggests to the method of installing monitoring devices and processing CCTV images with a water supply in a TestLab(a variety of the USN(Ubiquitous Sensor Network) equipment was tested in the TestLab in KICT). The suggested management method of common duct facilities make it possible to do real-time monitoring and prompt access and response to an accident inside the common duct.

• The Journal of Society for e-Business Studies
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• v.20 no.4
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• pp.103-126
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• 2015

Compared to other countries, cloud computing in Korea is not popular especially in the government sector. One of the reasons for the current not-fully-blossomed situation is partly by early investment in huge government datacenters under Korea's e-government initiative; let alone, there was no strong control tower as well as no enforcing law and ordinances for driving such cloud computing initiative. However, in 2015 March 'Cloud Computing and Privacy Security Act' (hereinafter, Cloud Act) had been passed in the Parliament and from September 2015 Cloud Act was deployed in Korea. In U.S., FedRAMP (Federal Risk Assessment and Management Program) along with Obama Adminstration's 'Cloud First' strategy for U.S. federal institutions is the key momentum for federal cloud computing adoption. In 2015 January, U.S. Congressional Research Service (CRS) has published an extensive monitoring report for cloud computing in U.S. federal institutions. The CRS report which monitored U.S. government cloud computing implementation is indeed a good guideline for Korean government cloud computing services. For this reason, the purpose of the study is to (1) identify important aspects of the enacted Korean Cloud Act, (2) describe recent U.S. federal government cloud computing status, (3) suggest strategy and key strategy factors for facilitating cloud adoption in public organizations reflecting SDLC strategy, wherein.

• The Journal of the Korea Contents Association
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• v.9 no.12
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• pp.787-796
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• 2009

The electronic commerce keeps going through a tremendous growth since the latter half of 1990's. But the consumer damages are being increased from characteristics such as non-confrontation, anonymity, internationality, unilaterality and possibility of temptation. Accordingly, this thesis has derived legal and systematic improvements for consumer protection in general as follows. First of all, it is necessary to extend the period to exercise the subscription withdrawal rights according to electronic commerce consumer protection law. Second, the electronic commerce has high possibility of causing errors by consumers because it is performed by non-confrontation and the accurate information must be provided to prevent errors in advance because it is not easy for consumers to prove their own errors. Third, a certification mark system on electronic agreement has to be adopted. Fourth, the legal, systematic and technological measures have to be adopted to prevent from having a sense of fear toward leaking or using personal information through a safe personal information management. Fifth, a strict supervision on internet trust mark is required. Finally, because the intervention or interference by a third party may take place through a hacking on messages or documents sent according to procedure in terms of online settlement, it is necessary to raise security on the system through a precise authentication between concerned parties.