• Informatization Policy
• /
• v.31 no.1
• /
• pp.53-71
• /
• 2024

Digital transformation calls for a new social contract that must transform the existing norms and paradigms of our society. Digital constitutionalism is a way of building new order through a new social contract and is an ideology that aims to establish and ensure a normative framework for the protection of fundamental rights and balance of power in the digital environment. The Internet/Digital Bill of Rights is a representative example of constitutionalization based on this ideology. Initially, it took the form of an informal, non-binding declaration led by civil society organizations or various stakeholders, setting forth normative principles adapted to the changing nature of digital society. More recently, they have taken the form of formal charters, declarations, or laws containing principles at the national or regional level. The "Digital Bill of Rights" proposed by the Korean government can be seen as an example of this trend, but it does not fully reflect the recent trend of Internet/Digital Bills of Rights in terms of substantive and procedural legitimacy. Even if the government provides a certain normative direction, it needs to be combined with a concrete action plan in each area to create a balance of norms with digital technologies and industries instead of simply being a "declaration".

• (The)Study of the Eastern Classic
• /
• no.62
• /
• pp.145-176
• /
• 2016

This paper aims to define the leadership of Gunja (君子, translated into prince, gentleman, or ideal man) based on Confucian Classics which offer the general values and norms of individuals' virtue and social virtuous acts. Thus, humanitarianism is regarded as true value, and the values of a virtuous person who properly practices social human relationships are discussed. The real worth of Gunja image is discussed as a true human image of "self-completion and completion of all things" (成己成物) which involves the convergence of truth, good and beauty where there is a sense of harmony and balance, where there is stern self discipline and self cultivation and where win-win values of human relationships are created. Confucian saint (聖人), wise man (賢人), great man (大人), and gentleman (君子) mean social leaders. They practice human morals, enlighten and beautify society with teachings, and are indicated as equipped with mental and material harmony, good character and competence, and economic power and morality. People today pursue their own personal growth according to their material preferences rather than pure intellectual cultural values, and are engrossed in visually beautiful external unlimited competition. In this digital age, we are supposed to demonstrate our individuality, but many people are obsessed with appearance, go on severe diet, and lose their health beauty, and consequently suffer mental stress. This trend fuels obsession with appearance and the sick practice of valuing appearance. As an alternative method to overcome this phenomenon, we need a leader image with the convergence of truth, good and beauty, which is characterized by internal self cultivation, external professionalism, and handsome and solid character. Confucian thoughts consist in practicing the Way of disciplining oneself for governing others (修己治人). Self discipline involves developing personal virtuous ability for cultivating a virtuous character, and governing others involves interacting to work together in society and to have right human relationships. Thus, leaders should impress not only themselves but also others. Self discipline for governing others means cultivating virtue for oneself and leading others. A true leader has self introspection and establishes himself through self discipline so that he can govern others or reach the realm of settling others where people live together. As all things have a value and a virtue, humans endeavor to cultivate character and virtue by learning and studying for securing their professionalism, reliability, character and ability, so as to create their own brand value. Personal character does not come from a high position, wealth and power. Character is a personal virtue, and is cultivated as immaculate and fresh through self discipline. As such, it well matches with a clean and clear spirit. This offers the ideal leader as the Guja image who has an extremely humane character, as well as being equipped with inherent virtues of intellect, benevolence and courage. Self development can foster virtue and self management through self leadership and self discipline. The leader in the relationship area can practice his virtue through virtuous acts, in other words, even think from another person's perspective. Such leader is mentioned as the principle of measuring square in the Great Learning. In our viewpoint, the beauty of character can breed the seed of virtue through intellect, benevolence and courage, the beauty of win-win can realize the right virtue by showing exemplary acts to others through considerateness, and the beauty of harmony can love and care for others like me through the principle of measuring square, thereby realizing the universal principle of virtue and harmony, which is like my mind. As such, the ideal leader, when his virtue and mind of being considerate of others all blending well, can exercise his ability to the full, can live together and coexist with many people, and can grow again into a triumphant relationship.

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