• Title/Summary/Keyword: Security related Obligations

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A Study on the Security related Obligations of Contracting Party under the Incoterms(R) 2010 Rules (Incoterms(R) 2010상 수출입 당사자의 보안관련 의무에 관한 연구)

  • Yang, Jung-Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.54
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    • pp.45-80
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    • 2012
  • Since the 9.11 terror attack, the event which caused supply chain disruption, supply chain security has become more important than ever before. With this as a momentum, a customs supply chain security paradigm emerged intended to guarantee secure flow of cargo across boarder. Under this circumstances Incoterms(R) 2010 rules have allocated obligations between the buyer and seller to obtain or to render assistances in obtaining security clearances. Thus, security related obligations such as providing advance manifest information is the mandatory requirements for any export and import. The impact on the seller and buyer of security related obligations under the Incoterms(R) 2010 rules environment is obvious. Assistance to provide the security information in advance has become indispensable obligations to the seller and buyer. As such assistances is at the cost and risk of the party responsible for the clearances of the goods, the choice of recognised partner and compliance with the relevant security program, in order to enjoy the relevant benefits, becomes paramount.

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Establishing Security Level Standards and Case Studies for Safe Electronic Financial Transactions (안전한 전자금융거래를 위한 보안등급 기준마련 및 사례연구)

  • Jang, Kil-Young;Kim, In-Seok
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.28 no.3
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    • pp.729-741
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    • 2018
  • On June 24, 2015, the Financial Services Commission (Financial Services Commission) completely abolished the security review process, and said that it would substitute self-security review obligations with self-security reviews. Security officials at financial institutions conduct security reviews based on CIA security grade when they conduct security reviews for secure electronic financial transactions. However, the recent security review for Internet and mobile electronic financial transactions has carried out a security review, either by checking separate processes or by referring to new technologies and data related to security. This paper proposes the CIAAP security gradesl with the addition of certification and privacy protection indicators to the CIA based security grades, especially through the security review of electronic financial transactions.

Is the U.S. Trade Expansion Act Section 232 Consistent with GATT/WTO Rules? (미국 무역확장법 제232조 조치는 GATT/WTO 규정에 타당한가?)

  • Yin, Zi-Hui;Choi, Chang-Hwan
    • Korea Trade Review
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    • v.44 no.1
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    • pp.177-191
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    • 2019
  • Global trade protectionism has increased further and U.S. priorities and protectionism have strengthened since Trump took office in 2017. Trump administration is actively implementing tariff measures based on U.S. domestic trade laws rather than the WTO rules and regulations. In particular, the American government has recently been imposing high tariffs due to national security and imposing economic sanctions on other countries' imports. According to the U.S. Trade Expansion Act Section 232, the American government imposed additional tariffs on steel and aluminum imports to WTO member countries such as China, India, and EU etc. on march 15, 2018. Thus, this study aims to investigate whether the U.S. Trade Expansion Act Section 232 is consistent with GATT/WTO rules by comparing the legal basis of US / China / WTO regulations related to Section 232 of the U.S. Trade Expansion Act, and gives some suggestions for responding to the Section 232 measure. As the Section 232 measure exceeded the scope of GATT's Security Exceptions regulation and is very likely to be understood as a safeguard measure. If so, the American government is deemed to be in breach of WTO's regulations, such as the most-favored-nation treatment obligations and the duty reduction obligations. In addition, American government is deemed to be failed to meet the conditions of initiation of safeguard measure and violated the procedural requirements such as notification and consultation. In order to respond to these U.S. protection trade measures, all affected countries should actively use the WTO multilateral system to prevent unfair measures. Also, it is necessary to revise the standard jurisdiction of the dispute settlement body and to explore the balance of the WTO Exception clause so that it can be applied strictly. Finally, it would be necessary for Chinese exporters to take a counter-strategy under such trade pressure.

A Study on the Integrated Management for Multi-Family Housing Security Guard and General Security Guard (공동주택경비원과 일반경비원의 통합관리에 관한 연구)

  • Lee, Sang Hun
    • Korean Security Journal
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    • no.57
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    • pp.27-55
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    • 2018
  • The problem is that even though the cost of apartment buildings and general expenses are the same and similar tasks, there is a significant gap between them in quantity and quality. The apartment security guard needs more professional management in education and various reporting obligations. In particular, the reality of being away from the management and supervision of the National Police Agency, which is in charge of crime prevention and policing resources throughout the nation, is a task that needs to be improved quickly. Although the "security service" is a specialized area for protecting the lives and property of the people, it is managed and operated only in the category of apartment management, just because it is under the jurisdiction of the Ministry of Land, Infrastructure and Transport. This should be integrated into one cost-related law, such as the "Cost Business Act," for management and operation. Although the regulations concerning security guards under the "Joint Housing Management Act" are very limited, they should start discussing the integrated management of apartment security guards and general security guards in view of improvement of their treatment. The most realistic method would be to hire a new general security officer with a security law as a security guard in an apartment building.

A Study on Streamlining the Legal Framework for the Efficient Management of Protection and Security of the Government Complexes (정부청사의 효율적 방호·보안관리를 위한 법령체계 정비방안에 대한 소고)

  • Shin, Hyeong-Seok
    • Korean Security Journal
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    • no.61
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    • pp.39-57
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    • 2019
  • The executive authority of the Ministry of Public Administration and Security on the 'management of security of the government complexes' is not sufficiently secured only with the organization law, the Government Organization Act. It is needed to establish an administrative actions law, an individual law that sets detailed contents and limitations of the executive authority to be stipulated. The current regulation, Regulation on the Management of the Government Complexes which is a Presidential Decree, is a legal decree that lacks a legal basis. The decree does not match with the current constitutional framework and raises the issue of its legality. The regulation may have the characteristics as a public property management law so far as it stipulates such matters as supply and maintenance management for the complexes, acquisition and disposition of complexes, facilities management of complexes, etc. However, the regulation includes high authority actions by an administrative organization, such as facilities security and order maintenance including restriction and control of access. This makes the regulation have the characteristics of a public property policy act as well. To supplement the legal framework for this situation, it is needed to level up some of the provisions relating to protection and security management to the level of an act as they stipulate high authority actions by an administrative organization. Other matters in the Regulation on the Management of the Government Complexes such as provisions relating to supply and allocation of complexes, etc. may be maintained as they are. In addition, the protection officers (general service official) does not own legal authority and have limitations on securing the capability to deal with the situations on implementing the on-site protection duty. Therefore, it is needed for the protection officers to secure protection duty-related authority by stipulating in a law. The main contents of the law on the protection and security of the government complexes may be those matters providing reservations on the implementations of laws. These may include the limitation of rights of and charging obligations on the people such as restricting the actions of personnel in the complex, rights and obligations of protection personnels relating to their duties, use of weapons, training of protection personnel, penal provisions, etc. These legal reservations should be included in an individual act.

A Study on PIMS Controls for PII Outsourcing Management under the Cloud Service Environment (클라우드 서비스 환경의 개인정보 위탁을 위한 개인정보보호 관리체계 통제 연구)

  • Park, Dae-Ha;Han, Keun-Hee
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.23 no.6
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    • pp.1267-1276
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    • 2013
  • Cloud consumers who use cloud computing services are obliged to review and monitor the legal compliance of cloud providers who are consigned the processes of the PII (personally identifiable information) from them. This paper presented possible scenarios for cloud PII outsourcing and suggested PIMS (personal information management system) controls for outsourcing management between cloud consumers and cloud providers by analyzing both international standards and domestic certification schemes related to cloud computing and/or privacy management based on the legal obligations for PII outsourcing from Korean "Personal Information Protection Act (PIPA)". The controls suggested can be applicable for developing the guidance of complying with privacy laws in organizations or the checklist of PII outsourcing management in PIMS certification.

ACCESS CONTROL MODEL FOR DATA STORED ON CLOUD COMPUTING

  • Mateen, Ahmed;Zhu, Qingsheng;Afsar, Salman;Rehan, Akmal;Mumtaz, Imran;Ahmad, Wasi
    • International Journal of Advanced Culture Technology
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    • v.7 no.4
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    • pp.208-221
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    • 2019
  • The inference for this research was concentrated on client's data protection in cloud computing i.e. data storages protection problems and how to limit unauthenticated access to info by developing access control model then accessible preparations were introduce after that an access control model was recommend. Cloud computing might refer as technology base on internet, having share, adaptable authority that might be utilized as organization by clients. Compositely cloud computing is software's and hardware's are conveying by internet as a service. It is a remarkable technology get well known because of minimal efforts, adaptability and versatility according to client's necessity. Regardless its prevalence large administration, propositions are reluctant to proceed onward cloud computing because of protection problems, particularly client's info protection. Management have communicated worries overs info protection as their classified and delicate info should be put away by specialist management at any areas all around. Several access models were accessible, yet those models do not satisfy the protection obligations as per services producers and cloud is always under assaults of hackers and data integrity, accessibility and protection were traded off. This research presented a model keep in aspect the requirement of services producers that upgrading the info protection in items of integrity, accessibility and security. The developed model helped the reluctant clients to effectively choosing to move on cloud while considerate the uncertainty related with cloud computing.

Systematic Literature Review of Smart Trade Contract Research (스마트 무역계약 연구의 체계적 문헌고찰)

  • Ho-Hyung Lee
    • Korea Trade Review
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    • v.48 no.3
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    • pp.243-262
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    • 2023
  • This study provides a systematic review of smart trade contracts, examining the research trends and theoretical background of utilizing smart contracts and blockchain technology for the digitalization and automation of trade contracts. Smart trade contracts are a concept that applies the automated contract system based on blockchain to trade-related transactions. The study analyzes the technical and legal challenges and proposes solutions. The technical aspect covers the development of smart contract platforms, scalability and performance improvements of blockchain networks, and security and privacy concerns. The legal aspect addresses the legal enforceability of smart contracts, automatic execution of contract conditions, and the responsibilities and obligations of contract parties. Smart trade contracts have been found to have applications in various industries such as international trade, supply chain management, finance, insurance, and energy, contributing to the ease of trade finance, efficiency of supply chains, and business model innovation. However, challenges remain in terms of legal regulations, interaction with existing legal frameworks, and technological aspects. Further research is needed, including empirical studies, business model innovation, resolution of legal issues, security and privacy considerations, standardization and collaboration, and user experience studies to address these challenges and explore additional aspects of smart trade contracts.

U.S. Commercial Remote Sensing Regulatory Reform Policy (미국의 상업적 원격탐사활동에 대한 규제개혁 정책)

  • Kwon, Heeseok;Lee, Jinho;Lee, Eunjung
    • Korean Journal of Remote Sensing
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    • v.35 no.2
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    • pp.241-250
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    • 2019
  • The current U.S. remote sensing act was made in 1992 and has been criticized for being outdated and inappropriate in view of the modern technological development. In order to enhance the American competitiveness and leadership in the world, President Trump announced Space Policy Directive (SPD) - 2 on May 24, which is designed to modernize the regulations related to commercial space activities including private remote sensing system operations. It should be noted that the regulatory reform efforts are made within broader terms of the National Security Strategy on Dec. 17, 2017, pursuing the enhancement of national security and economic prosperity as well. A legislative support in Congress has also been added to the Administration's efforts. The proposed regulatory reform on the licensing of commercial remote sensing system operations outlines the features of lessening administrative burden on applicants by simplifying the overall application process and of limiting the operations only when there is an impact upon the national security with clear and convincing evidence. But, due to a different regulatory system of each country, such a movement to expand an individual's freedom to explore and utilize outer space may result in an international dispute or a violation of international obligations, so there should be a merit in paying attention to the U.S. commercial remote sensing regulatory reform, and it is desirable to establish international norms as flexible and appropriate to the level of space technology and space industry.

Evaluating the Efficiency of Personal Information Protection Activities in a Private Company: Using Stochastic Frontier Analysis (개인정보처리자의 개인정보보호 활동 효율성 분석: 확률변경분석을 활용하여)

  • Jang, Chul-Ho;Cha, Yun-Ho;Yang, Hyo-Jin
    • Informatization Policy
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    • v.28 no.4
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    • pp.76-92
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    • 2021
  • The value of personal information is increasing with the digital transformation of the 4th Industrial Revolution. The purpose of this study is to analyze the efficiency of personal information protection efforts of 2,000 private companies. It uses a stochastic frontier approach (SFA), a parametric estimation method that measures the absolute efficiency of protective activities. In particular, the personal information activity index is used as an output variable for efficiency analysis, with the personal information protection budget and number of personnel utilized as input variables. As a result of the analysis, efficiency is found to range from a minimum of 0.466 to a maximum of 0.949, and overall average efficiency is 0.818 (81.8%). The main causes of inefficiency include non-fulfillment of personal information management measures, lack of system for promoting personal information protection education, and non-fulfillment of obligations related to CCTV. Policy support is needed to implement safety measures and perform personal information encryption, especially customized support for small and medium-sized enterprises.