• Title/Summary/Keyword: data protection law

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A Study on the Privacy Awareness through Bigdata Analysis (빅데이터 분석을 통한 프라이버시 인식에 관한 연구)

  • Lee, Song-Yi;Kim, Sung-Won;Lee, Hwan-Soo
    • Journal of Digital Convergence
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    • v.17 no.10
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    • pp.49-58
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    • 2019
  • In the era of the 4th industrial revolution, the development of information technology brought various benefits, but it also increased social interest in privacy issues. As the possibility of personal privacy violation by big data increases, academic discussion about privacy management has begun to be active. While the traditional view of privacy has been defined at various levels as the basic human rights, most of the recent research trends are mainly concerned only with the information privacy of online privacy protection. This limited discussion can distort the theoretical concept and the actual perception, making the academic and social consensus of the concept of privacy more difficult. In this study, we analyze the privacy concept that is exposed on the internet based on 12,000 news data of the portal site for the past one year and compare the difference between the theoretical concept and the socially accepted concept. This empirical approach is expected to provide an understanding of the changing concept of privacy and a research direction for the conceptualization of privacy for current situations.

A Study on Legal Issues of Data Portability and the Direction of Legislative Policy (개인정보 이동권의 법적 이슈와 입법 정책 방향)

  • Yi, Chang-Beom
    • Informatization Policy
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    • v.28 no.4
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    • pp.54-75
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    • 2021
  • The right to data portability needs to be introduced to strengthen the self-control of data subjects and promote personal data use. However, the right to data portability constitutes a high risk of invasion of privacy of data subjects and may infringe on the property rights of data controllers, so careful and thorough design is warranted. The right to data portability can intensify the concentration and monopoly of personal data, result in problems of overseas transfer of personal data held by public institutions, and enrich only the profits of giant platforms by burdening the data subject with high transfer cost. By contrast, SMEs are more likely to endure a personal data deprivation. From the proposed amendment to the Personal Data Protection Act are raised various legal issues such as. i) Whether to include inferred/derived data, personal data held by public institutions, activity data, sensitive data, and personal data of third parties within the scope of data portability; ii) whether SMEs are included in the data porting organization; iii) whether to exclude SMEs or large platforms from the scope of the data receiving organization; iv) Whether to allow the right to transmit to other data controllers, v) Whether to allow the overseas transfer of personal data held by public institutions, vi) How to safely exercise the right to data portability, vii) the scope of responsibility and immunity of a data porting organization, etc. The purpose of this paper is to propose the direction for legislative action based on various legal issues related to data portability.

Transition of Occupational Health Nursing Education in Korea (한국 산업간호교육의 변화추세 분석)

  • Cho, Tong Ran;June, Kyung Ja;Kim, So Yeon
    • Korean Journal of Occupational Health Nursing
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    • v.6 no.2
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    • pp.144-155
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    • 1997
  • In December 1990, Occupational Safety and Health Law was amended to reinforce employer's responsibilities on employees' health and safety. Among the amended law it was important to expand the role of an occupational health nurse to the role of an occupational health manager. An occupational health manager should take charge of coordinating periodic health examination and environmental hazard evaluation, providing primary care, monitoring employees' health status, giving the workplace walk-through, selecting safe protection equipment, providing health information, counseling and health education, independently. This position of occupational health nurse is equivalent to the role of doctors or occupational hygienists. In 1991, government made a master plan to prevent occupational disease and injury. Under the plan, Korea Industrial Nursing Association (KINA) was established in 1994 with the purpose of improving health services and upgrading career opportunities for members. Therefore, this study was designed to analyze the transition of occupational health nursing education with the changes of law and policy in Korea between 1991 and 1996. In details, it was to analyze the rate of school providing occupational health nursing practice based lecture, lecture hours, lecture contents in undergraduate curriculum, program contents of graduate school, kinds of continuing education, etc. For this purpose, we conducted survey two times. In February 1991, baseline study was conducted with all nursing programs in Korea (19 BSN programs and 43 nursing departments of junior college). From April to May in 1996, the second survey was conducted with all nursing programs (38 BSN programs and 69 junior colleges). The first response rate was 66.1% and the second was 40.6%. Structured questionnaires were mailed to the deans or the community health nursing faculties. In the case of graduate school, telephone survey was conducted with 10 school of public health or environmental health area. Data from the yearbook of Industrial Safety Training Institute (ISTI), the history of Korea Industrial Health Association, and the journals of KINA were also included in the analysis. As the results, we found that there were remarkable improvement in undergraduate and graduate programs, obligatory as well as voluntary continuing education in terms of occupational health nursing expertise between 1991 and 1996. 1) The number of school providing occupational health nursing practice-based lecture was increased with the rate from 7.3% to 25.6%. The rate of school giving over 15 class-hours was increased from 33.3% to 46.6%. 2) Content areas were composed of introduction of occupational health, occupational epidemiology, industrial hygiene, occupational disease and injury, law and policy, health education, concept of occupational health nursing, role of occupational health nurse, occupational health nursing process, etc. Of content areas, occupational health nursing process was more emphasized with the increased rate from 43.9% to 88.4%. 3) In the case of graduate school, occupational health programs were increased from 4 to 10. One of them has developed occupational health nursing program as an independent course since 1991. 4) The law increased educational hours from 28 hours to 36 hours for introductory course at the time of appointment, and from 14 hours to 24 hours every 2 years for continuing education. Course contents were Occupational safety and health law, introduction of occupational health, health education methodology, planning and evaluation, periodic health exam, occupational disease care, primary care, emergency care, management, industrial environment evaluation, etc. In 1996, Korea Industrial Nursing Association has begun to provide continuing education after Industrial Safety Training Institute. 5) Various educational programs in voluntary base were developed such as monthly seminar, CE articles, annual academic symposium, etc. It was shown that changes of law and policy led rapid growth of occupational health nursing education in various levels. From this trend, it is expected that occupational health nurse expertise be continuously to be enhanced in Korea. Legal and political supports should proceed for the development of occupational health nursing in early stage.

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A Study on the Enhancing of the Global Competitiveness of the Services of Tax, Law, and Accounting - Focusing on Multi-Disciplinary Practices(MDP) - (조세·법률·회계 서비스의 국제경쟁력 제고 방안 - 이종자격사간 동업(MDP)을 중심으로 -)

  • Son, Yun;Lee, Hak-loh
    • International Commerce and Information Review
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    • v.19 no.4
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    • pp.53-74
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    • 2017
  • There have been growing concerns that Korea's products keep losing their international competitiveness. It is necessary to restore strong muscles of manufacturing sectors. Together, efforts must be made to strengthen the competitiveness of service sector. While wide consensus has been reached on the necessity that Korea's service sector needs overhaul for stronger global competitiveness, it is rather difficult to witness any remarkable improvements. Insufficient performances might result from the protection of the captive markets by the interested parties. The research starts from the proposition that the introduction of MDP will bring down the barriers between the segmented services and promote competition. We provide theoretical analyses and report better performances of major countries which introduced MDP in their soils. Considering the reality, we propose that in the foreseeable future, a MDP in the areas of tax, law and accounting be introduced in Korea because these areas seem to create least conflicts of disciplinary duties due to public purposes. Broader MDPs in other areas may take some more time. There exist, however, some limitations. As MDP has not been officially introduced in Korea, it is almost impossible to directly compare the performances between the pre- and post-MDP in Korea. Data scarcity of business performances of companies also limits the study.

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A Study on the System Improvement Plan for an Efficient Market Maintenance Project (시장정비사업의 효율적 실시를 위한 제도개선방안 연구)

  • Kim, Seung-Hee;Kim, Young-Ki
    • Journal of Distribution Science
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    • v.11 no.4
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    • pp.23-35
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    • 2013
  • Purpose - This paper attempts to identify the problems and limitations of a market maintenance project conducted according to the 「Special Act for the Development of Traditional Markets and Shopping Street」 and to present a revised direction for the special law and lay the groundwork for market maintenance projects to be promoted smoothly. Research design, data, and methodology - The revised direction for the legislation and the proposal were written based on an investigation of the problems and the legal system, and proposed measures for market maintenance operation and system improvements to derive the improvements needed for market maintenance projects. Results - A market maintenance project has been conducted as a means to reinvigorate traditional markets that are economically depressed, and to revive the local economy. It was largely conducted in the form of reconstruction and redevelopment and represents the interests of landowners and merchants. Thus, it is most likely to contribute to the gradual disappearance of traditional markets. First, as part of a market maintenance project, many companies are building multipurpose buildings or high-rise residential buildings to increase profits. In these high-rise buildings, they can raise rents, which may not be affordable for some existing small businesses. To solve such problems, the large-scale store registration requirement needs to be relaxed or abolished once the market maintenance project is completed. If the large-scale store registration requirement is to be abolished, the term 'large retail store' should be changed in the 「Special Act for the Development of Traditional Markets and Shopping Street」. After registration, the Small and Medium Business Administration should train merchants, offer consultations, and support events, to the extent that the existing traditional market management modernization project permits, and further continue to manage and support its ongoing activities. However, unless large-scale store registration is abolished, adding an exception clause in the special law to relax large-scale store registration criteria, and permitting changes to building use is another option. At the end of a market maintenance project, empty stores should be purchased by the Small and Medium Business Administration, and local government, etc., at the actual construction cost, to utilize them as public rental shopping areas, which in turn may be re-utilized as a temporary market for another market maintenance project. The second problem in market maintenance projects is merchant-protection. Currently, the special law prescribes that a temporary market be created for merchants to conduct business during the rental period of a market maintenance project. Conclusions - In reality, a market maintenance project is conducted usually in big metropolitan cities with 500,000 residents or more. The main building type created under these projects is a multipurpose building. For this reason, it is very difficult to secure a location for a temporary market in the surrounding area of such a project. To solve this problem, this study suggests 'public rental shopping areas' as mentioned above.

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A Comparative Study on Marine Transport Contract and Marine Insurance Contract with Reference to Unseaworthiness

  • Pak, Jee-Moon
    • Journal of Korea Trade
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    • v.25 no.2
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    • pp.152-177
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    • 2021
  • Purpose - This study analyses the excepted requirement and burden of proof of the carrier due to unseaworthiness through comparison between the marine transport contract and marine insurance contract. Design/methodology - This study uses the legal analytical normative approach. The juridical approach involves reviewing and examining theories, concepts, legal doctrines and legislation that are related to the problems. In this study a literature analysis using academic literature and internet data is conducted. Findings - The burden of proof in case of seaworthiness should be based on presumed fault, not proved fault. The burden of proving unseaworthiness/seaworthiness should shift to the carrier, and should be exercised before seeking the protections of the law or carriage contract. In other words, the insurer cannot escape coverage for unfitness of a vessel which arises while the vessel is at sea, which the assured could not have prevented in the exercise of due diligence. The insurer bears the burden of proving unseaworthiness. The warranty of seaworthiness is implied in hull, but not protection and indemnity policies. The 2015 Act repeals ss. 33(3) and 34 of MIA 1906. Otherwise the provisions of the MIA 1906 remain in force, including the definition of a promissory warranty and the recognition of implied warranties. There is less clarity about the position when the source of the loss occurs before the breach of warranty but the actual loss is suffered after the breach. Nonetheless, by s.10(2) of the 2015 Act the insurer appears not to be liable for any loss occurring after the breach of warranty and before there has been a remedy. Originality/value - When unseaworthiness is identified after the sailing of the vessel, mere acceptance of the ship does not mean the party waives any claims for damages or the right to terminate the contract, provided that failure to comply with the contractual obligations is of critical importance. The burden of proof with regards to loss of damage to a cargo caused by unseaworthiness is regulated by the applicable law. For instance, under the common law, if the cargo claimant alleges that the loss or damage has been caused by unseaworthiness, then he has the burden of proof to establish the followings: (i) that the vessel was unseaworthy at the beginning of the voyage; and that, (ii) that the loss or damage has been caused by such unseaworthiness. In other words, if the warranty of seaworthiness at the inception of the voyage is breached, the breach voids the policy if the ship owner had prior knowledge of the unseaworthy condition. By contrast, knowingly permitting the vessel to break ground in an unseaworthy condition denies liability only for loss or damage proximately caused by the unseaworthiness. Such a breach does not, therefore, void the entire policy, but only serves to exonerate the insurer for loss or damage proximately caused by the unseaworthy condition.

An Exploration on Personal Information Regulation Factors and Data Combination Factors Affecting Big Data Utilization (빅데이터 활용에 영향을 미치는 개인정보 규제요인과 데이터 결합요인의 탐색)

  • Kim, Sang-Gwang;Kim, Sun-Kyung
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.30 no.2
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    • pp.287-304
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    • 2020
  • There have been a number of legal & policy studies on the affecting factors of big data utilization, but empirical research on the composition factors of personal information regulation or data combination, which acts as a constraint, has been hardly done due to the lack of relevant statistics. Therefore, this study empirically explores the priority of personal information regulation factors and data combination factors that influence big data utilization through Delphi Analysis. As a result of Delphi analysis, personal information regulation factors include in order of the introduction of pseudonymous information, evidence clarity of personal information de-identification, clarity of data combination regulation, clarity of personal information definition, ease of personal information consent, integration of personal information supervisory authority, consistency among personal information protection acts, adequacy punishment intensity in case of violation of law, and proper penalty level when comparing EU GDPR. Next, data combination factors were examined in order of de-identification of data combination, standardization of combined data, responsibility of data combination, type of data combination institute, data combination experience, and technical value of data combination. These findings provide implications for which policy tasks should be prioritized when designing personal information regulations and data combination policies to utilize big data.

The Details and Outlook of Three Data Acts Amendment in South Korea: With a Focus on the Changes of Domestic Financial and Data Industry (데이터 3법 개정안의 내용과 전망: 국내 금융 및 데이터 산업계의 변화를 중심으로)

  • Kim, Eun-Chan;Kim, Eun-Young;Lee, Hyo-Chan;Yoo, Byung-Joon
    • Informatization Policy
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    • v.28 no.3
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    • pp.49-72
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    • 2021
  • This study analyzes the major content, significances, and future outlook of Three Data Acts amendment enacted in August 2020 in South Korea, with the focus on their impact on the financial and data industries. It seems that the revision of the Credit Information Act will enable the specification of a business which had previously only been regulated as the business of credit inquiry, and also enable the domestic data industry to activate the MyData industry, data trading and platforms, and specify data pseudonymization and trading procedures. For the rational and efficient implementation of the amendments to the Three Data Acts, the Personal Information Protection Committee must be as transparent and lawful in its activities as possible, and fairness must be guaranteed. Even in the utilization of personal information, the development or complementation of the related data processing technologies is essential, and clear data processing methods and areas must be regulated. Furthermore, the amendments must be supported with guarantees and the systematization of a fair competitive system in the data market, stricter regulations on penalties for illegal acts related to data, establishment and strengthening of the related security systems, and reinforcement of the system of cooperation for data transfer.

An Analysis of Economic and Psychological Factors on the Forest Protection of the Mountain People in Jeonbuk Province -On the Economic Psychological Status Associated with Structure in Forest Production- (산촌주민(山村住民) 산림보호(山林保護)에 대한 경제적(經濟的) 심리적요인(心理的要因) 분석(分析) -산림생산구조(山林生産構造)에 따르는 경제심리상(經濟心理狀)-)

  • Lee, Kwang Won;Kim, Jae Seng
    • Journal of Korean Society of Forest Science
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    • v.36 no.1
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    • pp.38-46
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    • 1977
  • The purpose of this study are to analyze economic and psychological factors associated with the forest protection of the mountain people, and to explain the forms of the forest management by ownership classes, especially with forest in the production structure of the mountain villages, particulary from Aprial 1st to 20th in 1975. And the basis of the data for this study is to have been obtained by the sample of 462 households, in Jeonbuk province, which were selected by the method of Yandom sampling. In order to determine what relations there are between the forest ownership classes are independent and each of the selected economic and psychological factors, the chi-squre test was used. The findings may be summarized as follows; 1. The area per household forest land of the mountain villages farm families with forest was 1.4ha and are middle classes with the cultivated area, and manage their forest in favor of the forest fuel and the byproducts, which we call "Earn Ownership Management Form". As it is acomplished by the agricultural surplus labor, we can't expect the positive forest investments. 2. The expectation of the proceeds of forest investments seems to be high but 30% of them doubtful. And the mountain villages farm families with above 3ha forest area expect their forest investments to be positive and in future they have hope in the economic management from. 3. The mountainous mountain fram families reply to a small sums of capital and the control of after the fact on account of the negative factors of forest investment. But rural mountain villages farm famillies assist on spending too much money for the control and nexious insects damage. 4. The reason about illegal cut away was mainly their fuels problem and then most of moumtain farm villages was used to forest fuel in their fuel. But 57% of mountainous mountain villages farm families not having forest area, and 66% of them get their fual on the self-supply, and 66.9% of them get from public and nationat forest and other's forest. That is one of the big problems of the forest protection. 5. Above 66% of mountain people think that forest law is severe and 50% of mountainous mountain villages farm families think if usual. Especially ones not having forest area but taking advantage of forest among them think so. 6. Rural mountain villages farm families have comparatively positive attitude for protecting forest, but mountainous mountain villages farm families negative. Classes with above 3ha forest area have more outlook of forest protection. And the more such classes are, the better they can protect forest. 7. There are problem about operation and education of the forest law on the mountainous mountain villages farm families.

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Through SNS and freedom of election Publicized criminal misrepresentation (SNS를 통한 선거의 자유와 허위사실공표죄)

  • Lee, Ju-Il
    • Journal of the Korea Society of Computer and Information
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    • v.18 no.2
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    • pp.149-156
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    • 2013
  • In this paper, the Constitutional Court's ruling through the SNS was virtually guaranteed the freedom of election campaign through, though, still a large portion of campaign restrictions on public election law provisions exist to this forward in the election is likely to cause a lot of legal problems. In this paper, the Constitutional Court's ruling through the SNS was virtually guaranteed the freedom of election campaign through, though, still a large portion of campaign restrictions on public election law provisions exist to this forward in the election is likely to cause a lot of legal problems. Moreover, in the mean time the campaign and which in the course of the election campaign through the SNS, the infinite potential of the growing point than any point spread from the SNS and freedom of election campaign through public election law with regard to the limitation of the diffusion of false facts, awards, a number of problems are likely to occur. You've been in this business and disseminate false guilt disparage precandidacy for true-false, as well. He should be able to reach a specific goal you want to defeat through the dissemination of information which is specified as a crime for this strictly for the fact that disseminate false, rather than to interpret it is the judgment of the Court in that judgment against have been made. Therefore, this strict interpretation of the law and the need to revise or delete before I would like to discuss about. The legislation would repeal the cull of Ron sang first of all point out the issue through analytics. First, the purpose of the data protection Act provides limited interpretation to fit in this world of sin. Secondly, this sin is committed for the purpose of prevention, since the purpose of the objective in this case of sin and the need to interpret strictly. Why I am the Internet space in the case of so-called tweets from followers, this means in some cases done without a lot of the stars because of this, there will be a limit to the punishment of sin, this is obvious. And, in the long-awaited Constitutional Court ensures the freedom of election campaign through SNS and free election in the country, even in the limited sense interpretation opens the chapter of communication is needed. This ensured the freedom of expression will be highly this is a mature civil society that will be imperative.