• Title/Summary/Keyword: Step-In Rights

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The Implementation and limits of Involuntary Detention of the Tuberculosis Prevention Act (결핵예방법의 격리명령의 실행과 한계에 관하여)

  • Kim, Jang Han
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.55-84
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    • 2015
  • The tuberculosis is the infectious disease. Generally, the active tuberculosis patient can infect the 10 persons for one year within the daily activities like casual conversation and singing together. The infectivity of tuberculosis can continue for a life time, and infected persons can remain at risk for developing active tuberculosis. To control this contagious disease, along with the active tuberculosis patients, non-infectious but non-compliant patients who can be infectious if their immune systems become impaired have to be managed. To control the non-complaint patients, medical treatment order should be combined with the public order. Because tuberculosis is the risk of community health, the human rights like liberty and freedom of movement can be restricted for public welfare under the article 37(2) of constitution. Even when such restriction is imposed, no essential aspect of the freedom or right shall be violated. The degree of restriction on the rights of citizens is different what methods are chosen to non-complaint patients. For example, under the directly observed therapy program, the patients and medical staffs make an appointment and meet to confirm the drug intakes according to the schedule, which is the medical treatment combined with the mildest public order. If the patients break the appointments or have the history of disobedient, the involuntary detention can obtain the legitimate cause. The Tuberculosis Prevention Act has the two step programs on this involuntary detention, The admission order (Article 15) is issued when the patients are infectious. The quarantine order (Artle 15-2) is issued when the patients are infectious and non-complaint. The legal criteria for involuntary detention are discussed and published through the international conventions and covenants. For example, World Health Organization had made guidance on human rights and involuntary detention for tuberculosis control. The restrictions should be carried out in accordance with the our law and in the legitimate objective of public interest. And the restriction should be based on scientific evidence and not imposed in an unreasonable or discriminatory manner. We define and adopt these international criteria under our constitution and legal system. Least restrictive alternative principle, proportionality principle and the individual evaluation methods are explained through the reviews of United States court decisions. Habeas Corpus Act is reviewed and adopted as the procedural due process to protect the patient rights as a citizen. Along with that, what conditions and facilities which are needed to performed quarantine order are discussed.

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A New Approach on the Arbitration Agreement (중재합의에 대한 새로운 고찰)

  • Sohn, Kyung-Han;Shim, Hyun-Joo
    • Journal of Arbitration Studies
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    • v.23 no.1
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    • pp.55-84
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    • 2013
  • There should be an arbitration agreement between concerned parties in order to resolve a dispute through arbitration. The arbitration procedures, including the selection of the arbitrator and the adjudicative rights of the arbitrator, are based on the arbitration agreement. In other words, the arbitration procedure and adjudication can be carried out within the boundaries of the arbitration agreement. Traditionally, the Doctrine of Separability of the arbitration agreement has been acknowledged in order to emphasize its importance and to clearly separate it from the contract. Today, when the Doctrine of Separability of the arbitration agreement is well established, overemphasizing this separability could hamper its effectiveness and the autonomy of the parties. Moreover, arbitration agreements in the past were required to be written, clarifying the existence of the agreement and determining the scope of its validity. Further, an arbitration agreement was considered as narrowly as possible. However, since arbitration has become a generalized resolution for disputes, the formal or content requirements should be reconsidered. In terms of validity, the subjective and objective scope should necessarily be extended as a means to resolve disputes related to an arbitration agreement and reduce the resolution cost and duration. Under this perspective, the arbitration theory should now focus on arbitration agreements rather than the place of arbitration. We should break from the nationalistic view, which understands that the arbitration system is a part of the national legal system and that arbitration is allowed solely by permission of the nation. Instead, we should extensively reinterpret the subject of arbitration agreement and its range of effects so that disputes can be resolved between the concerned parties under a single procedure and norm, a necessary step forward. Moreover, in spite of the positive contribution and role of the New York Convention toward the establishment and development of the international arbitration system, there should be an effort to overcome its deterioration. As mentioned in the recommendations regarding the interpretation of the arbitration agreement in the New York Convention in 2006, we should begin by striving to match the Convention as a means of interpretation with the changes of the twenty-first century. Ultimately, we should meet the demands of the new era through amendments to the Convention.

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Delegation using D-RBAC in Distributed Environments (분산환경에서 도메인-RBAC을 이용한 권한위임)

  • 이상하;채송화;조인준;김동규
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.11 no.6
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    • pp.115-125
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    • 2001
  • Authentication and access control are essential requirements for the information security of distributed environment. Delegation is process whereby an initiator principal in a distributed environment authorizes another principal to carry out some functions on behalf of the former. Delegation of access rights also increases the availability of services offer safety in distributed environments. A delegation easily provides principal to grant privileges in the single domain with Role-Based Access Control(RBAC). But in the multi-domain, initiators who request delegation may require to limit the access right of their delegates with restrictions that are called delegate restriction to protect the abuse of privilege. In this paper, we propose the delegation view as function of delegation restrictions. Proposed delegation view model not only prevent over-exposure of documents from granting multiple step delegation to document sharing in multi-domain with RBAC infrastructure but also reduce overload of security administrator and communication.

A Study on the Application of Design Process in the Architectural Design Practice (건축설계 실무과정에서 디자인 프로세스의 적용에 관한 연구)

  • Kang, Mi-hyun;Kim, So-ra;Shin, Byeong-uk
    • Journal of the Korean Institute of Rural Architecture
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    • v.24 no.3
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    • pp.59-66
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    • 2022
  • This study aims to find out how architectural designers applied the design process and what content is applied in the practical process of architectural design in Korea, and to improve it if there is a problem. So the study is carried out by investigating 13 architects(Including one person who wants to keep his work private) with extensive experience in architectural design. The architects were questioned on how and what content the design process was used for their representative works that had been designed. And interviews and field surveys were conducted on other matters to be improved. The survey was conducted from November 2021 to July 2022. According to the conclusion of this study, First, Most architects were applying the design process in the architectural design practice. These are caused by an impact on education, but there was also an aspect of preparation in terms of guidelines such as the Architects Association and storage rights. Second, Although the design process differed in each name and phase, it was generally carried out in the order of the start phase, the planning work phase, the basic design phase, the intermediate design phase, the implementation quarterly, and construction. Third, The step-by-step work of the design process differed slightly depending on the architect, but counseling and contract work were mainly performed at the start-up phase, and field surveys, legal investigations, and case studys were conducted at the planning phase. In the basic design phase, some contents related to architectural programming, basic drawings, images, and models were used as main work contents. In the intermediate design phase, secondary contents such as licensed books and facility facilities were the main tasks. In the implementation design phase, detailed maps and various frost facilities were finally inspected. Since then, construction and supervision have been carried out in the order of progress. Forth, As for the contents to be improved in the future, the architect's ability, the designer's knowledge of the overall architecture, the design supervision system, and the expansion of time for the initial design process were answered.

REL Rights document editing and client system based on MPEG-21 Framework (MPEG-21 프레임워크에 기반의 REL 저작권 문서편집 및 클라이언트 시스템)

  • 조휘경;송병규;김태희;홍진우;정회경
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2003.10a
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    • pp.520-524
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    • 2003
  • Problem of compatibility, content protection, contents circulation ok. was caused between contents offerer and consumers by indiscreet right technical development about digital contents. The MPEG committee proposed MPEG-21 framework for these problem solution and for right managing in MPEG-21 inside XML(eXtensible Markup Language)'s structure REL(Right Expression Language) that is a right expression language propose. Contents protection, circulation, standard right information representation for administration that is reasonable and is the transposition enemy mutually by REL's use doing based on this MPEG-21 were available. Fast correspondence about new technology is necessary circumstance because present MPEG-21 is in study step and REL edit solution as infra technology is required. Also, development of REL document edit system is required mere because this REL document edit has difficulty in edit except expert with MPEG-21 Framework. In this paper, designed and embody about REL document mastication system that right creation and edit are available efficiently about contents easily without comprehension of MPEG-21 framework and client system that present consumption method of REL right document.

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S&T Policy Directions for Green Growth in Korea

  • Jang, Jin Gyu
    • STI Policy Review
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    • v.1 no.1
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    • pp.1-21
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    • 2010
  • To achieve the "low carbon green growth" vision, the first step is securing core technologies. Therefore, S&T policy direction for green technology development is urgently needed. As of 2008, investment in green technology (GT) development hovered around 10% of the government's total R&D budget. Thus, the Korean government developed a plan to increase that percentage to 15%, by 2013. To develop reasonable investment strategies for green technology development, targeted strategies that reflect technology and market changes by green technology area are needed. However, the overall planning and coordination of national GT development is currently split among, approximately, 10 government ministries. To establish an efficient green technology development system, the so-called "Green Technology R&D Council" should be launched in collaboration with the Presidential Committee on Green Growth and the National Science and Technology Council. Furthermore, to build a solid foundation for commercializing the outcomes of GT development projects and promote GT transfer, the government should undertake two initiatives. First, the government should reinforce GT R&D performance management, by establishing a GT R&D performance management and evaluation system. Second, the government should implement the "customized packaged support for promoting green technology business rights and commercialization" and present "e-marketplace for market-oriented green technologies". Creating a pan-ministerial policy for GT development policy would necessitate restructuring the HR(Human Resources) development system, which is currently separated by technology area. Based upon mid/long-term HR supply and demand forecasts, the government should design differentiated HR development projects, continuously evaluate those projects, and reflect the evaluation results in future policy development. Finally, to create new GT-related industries, the "Green TCS (Testing, Certification, and Standards) System" needs to be implemented. For objective evaluation and diffusion of R&D results by green technology area, a common standardization plan for testing, analysis, and measurement, like the "Green TCS", should be developed and integrated.

Change of Regional Clusters on Assembly and Demonstration (집회시위 군집변화에 대한 연구)

  • Joo, Il-Yeob
    • Korean Security Journal
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    • no.51
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    • pp.293-313
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    • 2017
  • The purpose of this study is to analyze the changes of regional clusters of national 16 areas on the assembly & demonstration in 2010 and 2015. The results of this study were as follows by using hierarchical cluster analysis. First, the regional clusters on the assembly & demonstration in 2010 were divided into three clusters in the first step: (1) Gwangju, Chungnam, Incheon, Chungbuk, Gyeongbuk, Daegu, Gangwon, Jeju, Daejeon, (2) Jeonnam, Gyeongnam, Busan, Jeonbuk, Ulsan, Gyeonggi, (3) Seoul. Second, the regional clusters on the assembly & demonstration in 2015 were divided into three clusters in the first step: (1) Ulsan, Gangwon, Chungbuk, Chungnam, Incheon, Gyeongbuk, Jeonnam, Gwangju, Jeju, Daegu, Daejeon, (2) Busan, Jeonbuk, Gyeongnam, (3) Seoul, Gyunggi. Third, The regional clusters on the assembly & demonstration were Busan, Jeonbuk, Gyeongnam of 'assembly & demonstration management area(labor related)', and Seoul, Gyeonggi of 'assembly & demonstration frequency areas' in 2015. This suggests that policing policies related to assembly & demonstration can be established and implemented flexibly in consideration of the degree of increase and decrease in assembly & demonstration by districts. Furthermore, it will be helpful to manage assembly & demonstration based on the 'police for human rights'.

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A Study on the legal system to trace the bycaught whale and dolphin meat in the market (혼획 고래 유통 이력 추적을 위한 제도 개선 방안 연구)

  • Sohn, Hawsun;Hong, Boga;Kim, Min Ju;Kim, Suyeon
    • Ocean policy research
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    • v.33 no.2
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    • pp.183-204
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    • 2018
  • Whaling has been banned in Republic of Korea after the declaration of the moratorium on the commercial whaling by the International Whaling Commission (IWC) since 1986. Korean government followed the moratorium immediately. However whale meat market has been kept by the bycaught whales and dolphins. So Korean government established a rule to control and trace whale meat in the market in 2011. The rule has some loopholes to allow illegally taken whale meat smuggle into the market. This study investigates the flaws in the current rule and recommend the way to overcome that defects. The first step is to prevent the entry of the illegal whale meat into the market. Minor change of the current law would be a solution. The next measure is to increase the sampling rate of the whale DNA that allowed to distribute in the market. The DNA database would be a powerful tools to identify illegal whale meat which is existing in the market. Korean government is operating three kind of food traceability systems. However, because of the legal limitations and the opposition of the non-governmental animal rights organizations, it is difficult to include whale meat to the existing systems. So the last step is to establish a new Traceability System with a state-of-the-art IT technology like as blockchain. The three measures mentioned above would increase the transparency in the whale meat market and prevent the entry of the illegal products.

The Behavioral Attitude of Financial Firms' Employees on the Customer Information Security in Korea (금융회사의 고객정보보호에 대한 내부직원의 태도 연구)

  • Jung, Woo-Jin;Shin, Yu-Hyung;Lee, Sang-Yong Tom
    • Asia pacific journal of information systems
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    • v.22 no.1
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    • pp.53-77
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    • 2012
  • Financial firms, especially large scaled firms such as KB bank, NH bank, Samsung Card, Hana SK Card, Hyundai Capital, Shinhan Card, etc. should be securely dealing with the personal financial information. Indeed, people have tended to believe that those big financial companies are relatively safer in terms of information security than typical small and medium sized firms in other industries. However, the recent incidents of personal information privacy invasion showed that this may not be true. Financial firms have increased the investment of information protection and security, and they are trying to prevent the information privacy invasion accidents by doing all the necessary efforts. This paper studies how effectively a financial firm will be able to avoid personal financial information privacy invasion that may be deliberately caused by internal staffs. Although there are several literatures relating to information security, to our knowledge, this is the first study to focus on the behavior of internal staffs. The big financial firms are doing variety of information security activities to protect personal information. This study is to confirm what types of such activities actually work well. The primary research model of this paper is based on Theory of Planned Behavior (TPB) that describes the rational choice of human behavior. Also, a variety of activities to protect the personal information of financial firms, especially credit card companies with the most customer information, were modeled by the four-step process Security Action Cycle (SAC) that Straub and Welke (1998) claimed. Through this proposed conceptual research model, we study whether information security activities of each step could suppress personal information abuse. Also, by measuring the morality of internal staffs, we checked whether the act of information privacy invasion caused by internal staff is in fact a serious criminal behavior or just a kind of unethical behavior. In addition, we also checked whether there was the cognition difference of the moral level between internal staffs and the customers. Research subjects were customer call center operators in one of the big credit card company. We have used multiple regression analysis. Our results showed that the punishment of the remedy activities, among the firm's information security activities, had the most obvious effects of preventing the information abuse (or privacy invasion) by internal staff. Somewhat effective tools were the prevention activities that limited the physical accessibility of non-authorities to the system of customers' personal information database. Some examples of the prevention activities are to make the procedure of access rights complex and to enhance security instrument. We also found that 'the unnecessary information searches out of work' as the behavior of information abuse occurred frequently by internal staffs. They perceived these behaviors somewhat minor criminal or just unethical action rather than a serious criminal behavior. Also, there existed the big cognition difference of the moral level between internal staffs and the public (customers). Based on the findings of our research, we should expect that this paper help practically to prevent privacy invasion and to protect personal information properly by raising the effectiveness of information security activities of finance firms. Also, we expect that our suggestions can be utilized to effectively improve personnel management and to cope with internal security threats in the overall information security management system.

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A Study of Effective Privacy Protection System on High Concurrent Transaction Database System (동시 트랜잭션이 많은 데이터베이스에서 효과적인 개인정보보호 시스템 연구)

  • Kang, Ji-Won
    • Convergence Security Journal
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    • v.12 no.2
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    • pp.107-113
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    • 2012
  • Recently, according to the establishment of personal information protection Act, the public and private organizations are taking a step to protect personal information rights and interests by employing the technical methods such as the access control mechanism, cryptography, etc. The result of the personal information leakage causes a serious damage for the organization image and also has to face with the responsibility by law. However, applying access control and cryptographic approach on the personal information item for every connection to large database system causes significant performance degradation in a large database system. In this paper, we designed and implemented the light weight system using JVM (Java Virtual Machine) for the Oracle DBMS environment which the concurrent transaction occurs many, thereby the proposed system provides the minimum impact on the system performance and meets the need of personal information protection. The proposed system was validated on the personal information protection system which sits on a 'A' public organization's portal site and personnel information management system.