• Title/Summary/Keyword: Telecommunications Business Act

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The Legal Justice of Conferring Criminal Negligence on Chief Privacy Officers(CPO) (개인정보관리자의 책임과 벌칙의 형평성)

  • Kim, Beom-Soo
    • Journal of Information Technology Services
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    • v.10 no.4
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    • pp.21-32
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    • 2011
  • The recently revised "Telecommunications Business Promotion and Personal Data Protection Act" is an important legal milestone in promoting the Korean telecommunications infrastructure and industry as well as protecting individuals' personal data and individuals' rights to privacy. Special characteristics of information security and privacy protection services including public goods' feature, adaptiveness, relativity, multi-dimensionality, and incompleteness, are reviewed. The responsibility of chief security/privacy officers in the IT industry, and the fairness and effectiveness of the criminal negligence in the Telecommunications Act are analyzed. An assessment of the rationale behind the act as well as a survey of related laws and cases in different countries, offers the following recommendations : i) revise the act and develop new systems for data protection, ii) grant a stay of execution or reduce the sentence given extenuating circumstances, or iii) use technical and managerial measures in data protection for exemption from criminal negligence.

Establishment Method of the Regulatory Framework for Communications Reflecting the Ecosystem Elements (생태계 요소를 반영한 방송통신 규제체계의 정립 방안)

  • Hong, Dae-Sik;Choe, Dong-Uk
    • Journal of Legislation Research
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    • no.41
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    • pp.401-434
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    • 2011
  • The discussion on the adoption of the horizontal regulatory framework is underway to overcome the problems regarding the vertical regulatory framework resulting from a convergence of broadcasting and telecommunications services. Recently, however, the horizontal regulatory framework shows its limitation to regulate the ecosystem established mainly by Google and Apple. The existing horizontal regulatory framework does not fully reflect the characteristics of the two-sided market and the change in the competition structure in the broadcasting and telecommunications sector. What is important to note is that if the existing horizontal regulatory framework is simply applied to the ecosystem, a regulatory imbalance can be caused among ecosystems. The existing horizontal regulatory framework, which is subject to a value chain structure, categorizes business entities into either contents layer or transmission layer and applies the same regulation to all business entities in the same category. However, in the ecosystem, a keystone-player can be categorized into different layers depending on its strategy. Therefore, if the existing horizontal regulatory framework is applied as it is, the regulatory imbalance between keystone-players located in less regulated areas and keystone-players located in more regulated areas occurs resulting in a distortion of competition. There are two possible ways to establish a new regulatory framework to prevent the distortion of competition likely to be caused by the adoption of a horizontal regulatory system. First, a new ecosystem regulatory framework different from the existing one can be established. Second, the horizontal regulatory framework can be modified to reflect the ecosystem elements. The first approach is hard to adopt given the current situation as the approach requires the analysis of all broadcasting and telecommunications ecosystems including mobile and wired services; currently research and study on the competition conditions in the ecosystems is not enough. Therefore, this paper supports the second approach proposing a modified horizontal regulatory framework through the improvement of institutions and remedies suitable for accommodating the ecosystem elements. This paper intends to propose a way to regulate broadcasting and telecommunications ecosystems taking into consideration the ecosystem elements on top of the Telecommunications Business Act, Broadcasting Act, IPTV Act, the competition condition evaluation system of the Basic Act on Broadcasting and Telecommunications Development, and regulation on common carriers under the Telecommunications Business Act.

The Effects of the change in Telecommunication Regulation on Incentive for Network Investment and Innovation - Based on Korean Telecommunications Regulation Changes-

  • Jung, Choong Young;Jung, Song Min
    • Asian Journal of Innovation and Policy
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    • v.1 no.2
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    • pp.148-167
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    • 2012
  • This paper analyzes the impact of the change in telecommunication regulation changes including the unification of telecommunication service on network investment. The unification of telecommunication service plays a role of separating behavior regulation from entrance regulation and reducing entrance constraints. Therefore, it is expected that the market spillover effect is high through the improvement of behavior regulation. In addition, the effects of the other regulation changes in the 2010 Telecommunications Business Act revision are analyzed. This paper discusses critical factors affecting the decision making process in respect to the firm level and analyzes the impact path guiding investment and innovation. The key findings are as follows. First, the impact of entrance deregulation depends on the intensity of deregulation. If the intensity is not high, this regulation increases the incentive on investment and innovation. However, if the intensity is high as shown in abolishing of licensing, it affects the incentive negatively. Second, if interconnection regulation focuses on existing facilities or the intensity is not strong, this light handed regulation might increase investment and innovation. However, if interconnection obligation is expanded to the facility not constructed or the facility applying new technology, this regulation might deteriorate investment. Third, price deregulation increases the competition of service but it also increases the business opportunity, which means positive effect on investment. Finally, the paper proposes the guideline for telecommunications policy.

The Role and Issue analysis of the ADR's Committee in the Revision of Personal Information Protection Act (데이터 3법 개정에 따른 분쟁조정위원회 역할과 이슈분석)

  • Yoon, Duck Joong;Jee, Yoon Seok;Kim, Youngae;Shin, Yongtae
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.30 no.2
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    • pp.279-286
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    • 2020
  • On February 4, 2020, the Personal Information Protection Act ("Privacy Act") was amended to facilitate the convergence and utilization of data, a key resource of the Fourth Industrial Revolution, and to support the development of the data industry. As the scope of the law applies to telecommunications operators, financial operators, and personal information processing providers, the scope of related dispute settlement is expected to increase. Therefore, this paper first introduces the role and function of the Personal Information Dispute Committee and the institutional standards for personal information dispute mediation, and researches the roles and issues that the Personal Information Dispute Mediation Committee should play in accordance with the revision of the Data 3 Law. In this study, For efficient operation of personal information dispute mediation, expert deliberation by field, new adjustment criteria for new industrial technologies, way to secure business continuity between the Personal Information Dispute Committee and the Personal Information Committee, Secure the link between the mediation decision and courts, and Suggested the strengthening of the operational standards for collective dispute mediation.

A Study on the Regulatory Standards and Rationale of OTT Adoption (OTT 도입의 규제 기준과 근거에 대한 연구)

  • Kim, Hee-Kyung;Do, Joonho
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.22 no.4
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    • pp.141-148
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    • 2022
  • New services such as OTT have appeared, and the value chain of the media industry has formed a complex terrain, and new problems have arisen in terms of fair competition between operators and user protection. However, the problem of introducing OTT under the existing law that classifies services by physical characteristics and technical elements of the network has been criticized in terms of hindering industrial activation due to excessive regulation. The introduction of the new regulatory system has been delayed for a long time despite the dissatisfaction of stakeholders and attempts to legislate

Factors Influencing New Media Subscription Based on Multigroup Analysis of IPTV and DCTV

  • Kang, Sang-Ug;Park, Seungbum;Lee, Sangwon
    • ETRI Journal
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    • v.36 no.6
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    • pp.1041-1050
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    • 2014
  • As the Internet Protocol TV (IPTV) service enters the broadcasting market, the competition intensifies. This paper explains the factors influencing new media subscription and their influential differences on IPTV and digital cable TV (DCTV). We use the information systems success model and gratification opportunity theory to develop our research model. We sample 621 people and collect their responses through web-based measuring software. Structural model analysis shows that the willingness to subscribe to a new broadcasting medium is influenced by three characteristics of the medium: media richness, interactivity, and video quality. Multigroup analysis reveals that motivation to use a medium partially differs between IPTV and DCTV. This research concludes that the IPTV service is not attractive enough to act as a substitute for the already existing DCTV. In addition, for the IPTV service to proliferate, its business model should be promoted with new and differentiated revenue structures and services. The managerial implications in this study help new media businesses set business goals and product functionality, and allocate resources for the continued diffusion of IPTV.

Mobile Telecommunication Policy Analysis of Moon Government In Korea (문재인 정부의 이동통신정책 분석)

  • Shin, Jin
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.21 no.12
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    • pp.2387-2393
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    • 2017
  • The Moon government, launched in May 2017, regards telecommunication service as part of people's welfare and is trying to save telecommunication costs. However, the direction of policy presented is assessed as symptomatic approach. This is largely attributable to the a partial improvement approach from the framework of the present mobile telecommunication industry. However if we restart from an essential point of view, the result is likely to be much better. The nation's mobile communication costs are not adequate because the government's role was not sufficient. There is a problem with the mobile phone supply chain, the subsidy payment mechanism, and the billing system. Addressing these complex issues requires the establishment of an independent system of handset distribution from telecommunication companies, ban on discriminative subsidies payment, and adoption of volume rate system. Telecommunications Business Act that defines the service charges to normalize the market might be somewhat useful, but the normal application of the Fair Trade Act is more important.

A Study on the Approaches to Interconnection Regulation for MVNO (주요국 MVNO 상호접속제도 연구)

  • Cho, Eun-jin;Byun, Jae-ho
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2012.10a
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    • pp.498-500
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    • 2012
  • MVNOs(Mobile Virtual Network Operator) provide mobile services without the own spectrum license and they lease the wireless networks from mobile network operators. They provide more covered service simple resellers have served. Most of MVNO provided in Korea have facilities related to subscribers not lines and switches. Therefore interconnection between MVNO and the other operators is performed by mother mobile operators. Recently following to reform the Business Act of Telecommunications, MVNOs are allowed to interconnect directly to others and there are concerning problems to this. This paper reviewed the status of MVNO regulations for major countries and draw from implications for establishing the MVNO regulations in Korea.

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Standard Model for Mobile Forensic Image Development

  • Sojung, Oh;Eunjin, Kim;Eunji, Lee;Yeongseong, Kim;Gibum, Kim
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.17 no.2
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    • pp.626-643
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    • 2023
  • As mobile forensics has emerged as an essential technique, the demand for technology development, education and training is increasing, wherein images are used. Academic societies in South Korea and national institutions in the US and the UK are leading the Mobile Forensic Image development. However, compared with disks, images developed in a mobile environment are few cases and have less active research, causing a waste of time, money, and manpower. Mobile Forensic Images are also difficult to trust owing to insufficient verification processes. Additionally, in South Korea, there are legal issues involving the Telecommunications Business Act and the Act on the Protection and Use of Location Information. Therefore, in this study, we requested a review of a standard model for the development of Mobile Forensic Image from experts and designed an 11-step development model. The steps of the model are as follows: a. setting of design directions, b. scenario design, c. selection of analysis techniques, d. review of legal issues, e. creation of virtual information, f. configuring system settings, g. performing imaging as per scenarios, h. Developing a checklist, i. internal verification, j. external verification, and k. confirmation of validity. Finally, we identified the differences between the mobile and disk environments and discussed the institutional efforts of South Korea. This study will also provide a guideline for the development of professional quality verification and proficiency tests as well as technology and talent-nurturing tools. We propose a method that can be used as a guide to secure pan-national trust in forensic examiners and tools. We expect this study to strengthen the mobile forensics capabilities of forensic examiners and researchers. This research will be used for the verification and evaluation of individuals and institutions, contributing to national security, eventually.

OWC based Smart TV Remote Controller Design Using Flashlight

  • Mariappan, Vinayagam;Lee, Minwoo;Choi, Byunghoon;Kim, Jooseok;Lee, Jisung;Choi, Seongjhin
    • International Journal of Internet, Broadcasting and Communication
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    • v.10 no.1
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    • pp.71-76
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    • 2018
  • The technology convergence of television, communication, and computing devices enables the rich social and entertaining experience through Smart TV in personal living space. The powerful smart TV computing platform allows to provide various user interaction interfaces like IR remote control, web based control, body gesture based control, etc. The presently used smart TV interaction user control methods are not efficient and user-friendly to access different type of media content and services and strongly required advanced way to control and access to the smart TV with easy user interface. This paper propose the optical wireless communication (OWC) based remote controller design for Smart TV using smart device Flashlights. In this approach, the user smart device act as a remote controller with touch based interactive smart device application and transfer the user control interface data to smart TV trough Flashlight using visible light communication method. The smart TV built-in camera follows the optical camera communication (OCC) principle to decode data and control smart TV user access functions according. This proposed method is not harmful as radio frequency (RF) radiation does it on human health and very simple to use as well user does need to any gesture moves to control the smart TV.