• Korean Security Journal
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• no.26
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• pp.59-87
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• 2011

Security Business Act of Korea is leaning toward the aspect of regulation, while it provides few provisions about vesting the authority, which causes problems such as legal loopholes to be raised in regard to the rules about authorizing the private security personnel to perform security affairs properly and defining the limit of power. So, it should be done to interpret the law in order to draw the legal basis of empowering as well as to set limits of the authority of security main agent, and Article 7, Section 1, of Security Business Act is the very provision that involves the legal basis. In the scope of 'Management Power', the statutory authority in the first clause of Article 7 of Security Business Act, the security personnel can use force for self-defense, defense of others and property, and prevention of crimes. In addition, the powers of interrogation, access control, and eviction notice are involved in its scope. The private security personnel as the occupation assistant can take precautions and if the infringement on the benefit and protection of the law is imminent or done, he or she can use force within the limits of the passive resistance and the means of defiance on the basis of 'Management Power'. The private security personnel, however, can exercise the force only if the necessary conditions of legal defense, emergency evacuation, and legitimate act of criminal law are fulfilled.

• Korean Security Journal
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• no.54
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• pp.9-35
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• 2018

During the recent years, cyber attacks have been increasing both in the private sector and the government. Those include the DDOS cases in 2009, the Blue House cyber attack, bank hackings etc. Cyber threats are becoming increasingly serious. However, there is no basic law related to cyber security at present, and regulations related to cyber security are scattered in various domestic laws. This can lead to confusion in the application of the law and difficult to grasp the regulations related to cyber security. In order to overcome this situation, the bill on the prevention and countermeasures against cyber crisis was initiated in 2006, but it has been abrogated. Since then, it has been repeatedly proposed, but it has been abrogated repeatedly due to the overlapping of existing laws and concerns about infringement of personal information. The most recent initiative was the National Cyber Security Act, which was initiated by the government in January 2017. The act focuses on resolving the absence of a basic law related to cyber security, strengthening its responsiveness in the event of a cyber security crisis, and fostering security strength. Therefore, this study seeks to contribute to the establishment of National Cyber Security legislation as a basic law of cyber security by examining the necessity of National Cyber Security legislation through comparative legal analysis with existing domestic laws related to cyber security and suggesting policy implications.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.211-237
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• 2014

Because of unpredictability and high possibility of abnormal results by clinical trials compared to general medical behaviors, a procedure for ensuring with sufficient explanations by investigators must be secured. Therefore, in a sequence of clinical trials, what kinds of scope, stage, and method of explanations provided by investigators, including doctors or researchers, to trial subjects are closely related to the compensation for damages by violation of liability for explanation. In case of application of clinical trials to patients who have critical illness such as cancer, issues of "Quality of Life" regarding trial subjects, cancer patients, should be discussed. Especially, in case of clinical trials for terminal cancer patients, the right of subjects' self-determination, which is a fundamental principle in medical behaviors, should be discussed. The right of self-determination includes participation in clinical trials for the possibility of life-sustaining even a little bit, or no participation in clinical trials in order to have a time for completing the rest of his life. Like this, if the extent and scope of explanations related to the issues of "Quality of Life" are raised as main issues, the evaluation of "Quality of Life", should be a prerequisite. In many occasions, realistically, despite bad results such as deaths or serious adverse drug reactions after clinical trials, it may not be easy for compensating to trial subjects or their survivors, who requested civil compensation for damage. Futhermore, in abnormal results after concealment of clinical trials or performance of clinical trials without permission, and in the case of trial subjects' failures of proving proximate cause between the clinical trials and abnormal results, problematic results such as no protection to the trial subjects could be occurred. In performing clinical trials, investigators should provide sufficient explanations for trial subjects and secure voluntary informed consents from the trial subjects. Therefore, clinical trials without trial subjects' permissions and the informed consent process violate trial subjects' rights of self-determination, and the investigators shall be liable for compensation for damages. Then, issues might be addressed are what are essential contents of patients' "rights of self-determination" infringed by clinical trials without subjects' permissions. Two perspectives about patients' rights of self-determination might be considered. One perspective regards physical distress of patients (subjects) from therapies without sufficient explanations as the crux of the matter. The other perspective regards infringement of human dignity caused by being subjects without permission as the crux of the matter irrespective of risks' big and small influences. This research follows perspective of the latter. Forming constant fiduciary relation between investigators (doctors) and subjects (patients) pursuant medical contracts, and in accordance with this fiduciary relation, subjects, who are patients, have expectations of explanations and treatments by the best ways. If doctors and patients set this forth as a premise, doctors should assume civil liability when doctors infringe patients' expectations.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.3-32
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• 2020

Under the Korean case law, physicians are obliged to disclose or inform the risk associated with a specific treatment to their patients before they perform the treatment. If they fail to do this, they are liable to compensate pain and sufferings. If the patient can establish that he or she would not have consented at all to the treatment had he or she been informed, the physicians are liable to compensate all the loss incurred by the treatment. In this article, the author examines the legitimacy of this case law from the perspective of legal doctrine as well as its practical affect on the medical practice and the furtherance of self-determination of the patient. The fundamental findings are as follows: The case law that has physicians who failed to inform treatment risk compensate pain and sufferings for the infringement of the right of self-determination seems to be a disguised and reduced compensation of all the loss based on the possible malpractice, which cannot be justified in view of the general principles of tort liability. It is necessary to adhere to the requirements of causation and imputation between the failure to inform treatment risk and the specific patient's consent to the treatment. If this causation and imputation is established, all the loss should be compensated. Otherwise, there shall be no liability. The so-called hypothetical consent defence shall be regarded as a part of causation between the failure to inform and the consent. The suggested approach can preserve the essence of physician-patient relationship and fit for the very logic of informed consent better.

• Korean Security Journal
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• no.17
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• pp.157-172
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• 2008

The purpose of this research is to suggest a construction device that can transform a public safety, security service, security system on counter- terrorism device system, from government leading type to private management type. There are purpose on this thesis to research for the bringing up counter-terrorism experts certification system and about all sorts of developed device among our country's counter-terrorism situation and through comparing developed country's private security's developing device. This summary of thesis is like below. First we need to establish total counter-terrorism center, like developed country on national corresponding strategy. Second, we need to make an organization as a country security department unified as an America's President directly belonging organization. Third, it is to legislate about an counter-terrorism. Fourth, we need to make a coorperate system according to counter-terrorism duty come under private management, so that can recover a trust among people. Fifth, a terror warning system is necessary. Private security's mutual relationship and developing devices is First, it is necessary to bring up counter-terrorism expert. Second, it is necessary to bring in counter-terrorism experts certification system. Third, counter-terrorism research center that come under private management is necessary. It is considered that various research need to be continued after by bringing up counter-terrorism experts, transforming a consciousness, counter- terrorism education, building an equipment and education center, not for a special group, that can minimize human infringement.

• Journal of Internet Computing and Services
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• v.16 no.2
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• pp.67-75
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• 2015

According to the changes of the mobile environments, the usage and interest of the Android apps have been increased. But the usage of illegally-copied apps has been also increased. And the transparency and dependability of the app markets has been decreased. Therefore there are many cases for the copyright infringement of app developers. Although several methods for preventing illegally-copied apps have been studied, there may exist possible ways to bypass the methods. Since it is difficult to find out the first distributors of the illegally-copied apps, it is not easy to punish them legally. This paper proposes the method of detecting illegally-copied apps. The proposed detector can detect the illegally-copied apps using odex file, which is created when the app is installed. The detector can also find out the information of the first distributors based on forensic watermark technique. Since the illegally-copied app detector is running as a service on the system server, it is granted that the detector hides from the users. As an experiment result, the illegally-copied app detector takes on average within 0.2 seconds to detect and delete an illegally-copied app.

• Informatization Policy
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• v.25 no.3
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• pp.29-51
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• 2018

As the core technology of the Fourth Industrial Revolution, the Internet of Things has been developed and has enabled various services, and personal information has been handled freely in the process. However, the infringement threat of personal information is increasing as more convenient services are provided and more information devices including smart devices are connected to the network. Therefore, this study is to analyze prioritizing personal information protection policy indicators in order to provide IoT services by constructing secure environment for implementing the Internet of things as the core technology of the 4th Industrial Revolution. This study reviewed personal information protection policy indicators based on the literature survey, and identified 3 fields, 9 areas, and 25 indicators through Delphi analysis for experts. The weights were calculated based on the AHP survey for 66 experts and the results were used to present the relative importance and priority of the policy indexes. The results of this study found the policy field was the most important, followed by the technical field, and the administrative field. Of the three areas of the policy field, strengthening the personal information protection laws related to IoT is the most important, while among the indicators, promoting and revising the personal information protection law related to IoT is the most important. Comparisons of the fields, areas, and indicators of IoT-related personal information protection policies found consistent values. The personal information protection policy indicators derived this way will contribute to the nation's competitiveness by expanding secure IoT policies in the future.

• Journal of Convergence for Information Technology
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• v.10 no.7
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• pp.20-32
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• 2020

This study is to develop and provide a personal information protection framework that enables IoT service providers to safely and systematically operate personal information of IoT service subjects in the overall process of providing IoT devices and services. To this end, a framework for personal information framework was derived through literature survey, and FGI with experts, it was divided into three stages, each of three stages: IoT service provision process and IoT personal information processing process. The study conducted an e-mail survey of related experts using AHP techniques to determine the importance of the components of the selected personal information protection framework. As a result, in the IoT service provision process, the IoT product and service design and development stage (0.5413) is the most important, and in the IoT personal information processing process, personal information protection in the collection and retention of personal information (0.5098) is the most important. Therefore, based on this research, as the IoT service is spreading, it is expected that a safe personal information protection framework will be realized by preventing security threats and personal information infringement accidents.

• Journal of Korean Home Economics Education Association
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• v.20 no.2
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• pp.47-60
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• 2008

The appearance regulations of many middle and high schools have received attention as the social concern over infringement of students' human right is heightened. This study aimed at examining students' perception of and attitude toward appearance-related regulations enforced by high schools in Seoul. For this purpose, a survey was conducted with 866 freshmen and sophomore students from six Co-Ed high schools located in Seoul. Students evaluated each of the 50 appearance-related regulations in terms of how strong they perceive the regulation is enforced in their school, how important they believe the regulation is, and finally, how much they actually observe it. The results indicated that regulations related to school uniforms are perceived important, and also were well-observed. Students, however, showed low levels of observance toward some regulations--i.e., regulations of hair styles or garments worn with school uniforms(coats, scarves, or turtlenecks). Students' personal characteristics were also found to influence their perception and observance of the regulations. This study has an implication for teachers and administers. For these regulations to be more effective, it was suggested that schools communicate the importance of appearance-related regulations to students and convince them, or consider revising their policies to reflect students' perspectives.

• Korean Journal of Construction Engineering and Management
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• v.19 no.1
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• pp.21-31
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• 2018

The rapid increase of the elderly living alone is a critical issue in worldwide as it leads to a rapid increase of a social support costs (e.g., medical expenses) for the elderly. In early stages of dementia, the activities of daily living (ADL) including self-care tasks can be affected by abnormal patterns or behaviors and used as an evidence for the early diagnosis. However, extracting activities using non-intrusive approach is still quite challenging and the existing methods are not fully visualized to understand the behavior pattern or routine. To address these issues, this research suggests a model to extract the activities from coarse-grained data (spatio-temporal data log) and visualize the behavioral context information. Our approach shows the process of extracting and visualizing the subject's spaceactivity map presenting the context of each activity (time, room, duration, sequence, frequency). This research contributes to show a possibility of detecting subject's activities and behavioral patterns using coarse-grained data (limited to spatio-temporal information) with little infringement of personal privacy.