• Korean journal of communication and information
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• v.25
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• pp.103-133
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• 2004

Korean citizens enjoy not only the freedom of communication but also the secrecy of electronic communication. Article 18 of the Constitution of the Republic of Korea prescribes that the secrecy of correspondence should not be infringed. Namely, all citizens enjoy guaranteed privacy of correspondence. But many people have been experiencing the infringement of those rights. The purpose of this paper is to evaluate whether Paragraph 2, Article 13 of the Act on Protection of the Secrecy of Correspondence infringes on the constitutional rights of privacy of electronic communication. The results of this study indicate that the law violates the Constitution. Paragraph 3, Article 12 (Personal Liberty, Personal Integrity) of the constitution stipulates that "Warrants issued by a judge through due process (upon the request of a prosecutor) have to be presented in case of arrest, detention, seizure, or search." However, prosecutors, the police, and National Intelligence Service have made numerous inquiries calling for the journalists' telephone records without warrants issued by a judge. So, this study suggests that the paragraph should be amended to be compatible with the Constitution. Meanwhile, journalists should make a more concerted effort to protect their news sources in exercising constitutionally protected freedom of the press.

• Archives of design research
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• v.17 no.4
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• pp.27-36
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• 2004

The protection of intellectual property right in international conventions are worldwide or regional areas already exists a century. Therefore, our country is positive affiliated with international conventions. After that time, such as a violation of international convention and an example of imitations are continually that we prognosticate the international trade market activities was difficult not only became an issue of country credit risk. At this point, the major purpose of this study make an analysis of both paralleled with the case study follow an example and the comprehension with concerned about recognition of intellectual property right. In additionally, it stands a plan of package design protections under the WTO systems. This study have carried out a theoretical and practical analysis of intellectual property right and statistical analysis through the inside and outside of the country packaging design study and a case study of troubles with intellectual property. Besides, it is accomplish the purpose of the study that established exploratory study survey about inside and outside of the country packaging design infringement case study and relative package design industry employees with consumptions real research. I hoped that this study will be a foundation on which packaging, design industry protections to intellectual property right.

• Journal of Navigation and Port Research
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• v.39 no.4
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• pp.313-318
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• 2015

A question has recently been raised as to whether a foreign officer needs to obtain a Korean endorsement in order to be able to serve on board a Korean flag ship. This is attributable to the fact that differences of viewpoint may arise as to the interpretation on the relation between the mutatis mutandis article 24(1) and the endorsement issuance article 10 bis. This study intends to propose an interpretative solution through conducting in-depth analysis on the article 25(1). The conclusions of this study can be given as follows. First, the jurisdiction over the bareboat charter ships with hire purchase shall be rested with the third country of which the flag the ship is flying, the endorsement to be issued to foreign officers have to be issued by the flag State under the STCW Convention as ameded. Second, the provisons of the ship officers' act shall not be made applicable, commensurate with the intention of legislating the mutatis mutandis article 25, to the BHC/HP in such a way that is in infringement with the jurisdiction of flag State of those foreign ships. Third, the mutatis mutandis article shall be made applicable to only such areas of manning standards not covered under the STCW Convention as amended and shall exclude those provisions pertaining to the issuance of various certificates of which the jurisdiction is rested with flag State under the international instrument. Fourth, the article 10 bis(1) is not a provision requiring foreign officers wishing to serve on a BBC/HP to obtain a Korean endorsement. In summation, the article 10 bis shall be used only in the cases where foreign officers wishing to serve on a Korean flag ship are required to obtain korean endorsement.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.24 no.2
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• pp.295-310
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• 2014

DCS (Distributed Control System), the main control system of power plants, is an automated system for enhancing operational efficiency by monitoring, tuning and real-time operation. DCS is becoming more intelligent and open systems as Information technology are evolving. In addition, there are a large amount of investment to enable proactive facility management, maintenance and risk management through the predictive diagnostics. However, new upcoming weaponized malware, such as Stuxnet designed for disrupting industrial control system(ICS), become new threat to the main control system of the power plant. Even though these systems are not connected with any other outside network. The main control systems used in the power plant usually have been used for more than 10 years. Also, this system requires the extremely high availability (rapid recovery and low failure frequency). Therefore, installing updates including security patches is not easy. Even more, in some cases, installing security updates can break the warranty by the vendor's policy. If DCS is exposed a potential vulnerability, serious concerns are to be expected. In this paper, we conduct the penetration test by using NESSUS, a general-purpose vulnerability scanner under the simulated environment configured with the Ovation version 1.5. From this result, we suggest a log analysis method to detect the security infringement and react the incident effectively.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.28 no.1
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• pp.215-227
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• 2018

As Korea is rapidly becoming an IT powerhouse in the short term, various side effects such as cyber violence, personal information leakage and cyber terrorism are emerging as new social problems. Especially, the seriousness of leakage of personal information, which is the basis of safe cyber life, has been highlighted all over the world. In this regard, it is necessary to estimate the amount of the damage cost due to the leakage of personal information. In this study, we propose four evaluation methods to calculate the cost of damages due to personal information leakage according to average real transactions value, personally recognized value, compensation amount basis, and comparison to similar countries. We analyzed data from 2007 to 2016 to collect personal information leakage cases for 10 years and estimated the cost of damages. The number of cases used in the estimation is 65, and the total number of personal information leakage is about 430 million. The estimated cost of personal information leakage in 2016 was estimated to be at least KRW 7.4 billion, up to KRW 220 billion, and the 10 year average was estimated at from KRW 10.7 billion to KRW 307 billion per year. Also, we could find out the singularity that the estimated damage due to personal information leakage increases every three years. In the future, this study will be able to provide an index that can measure the damage cost caused by the leakage of personal information more accurately, and it can be used as an index of measures to reduce the damage cost due to personal information leakage.

• Informatization Policy
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• v.22 no.1
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• pp.47-72
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• 2015

According to the progress of national informatization throughout the world, infringement and threaten of privacy are happening in a variety of fields, so government is providing information security policy. In particular, South Korea has enhanced personal impact assessment based on the law of personal information protection law(2011). But it is not enough to effect the necessary cost calculation standards and changeable factors to effect PIA. That is, the budgets for PIA was calculated lower than the basic budget suggested by Ministry of Government Administration Home affairs(2011). Therefore, this study reviewed the cost calculation basis based on the literature review, cost basis of similar systems, and reports of PIA and obtained to the standard with Delphi analysis. As a result, the standards of PIA is consisted to the primary labors and is utilized to how the weights by division of target system, construction and operating costs of target system, type of target systems, etc. Thus, the results of this study tried to contribute to ensure the reliability of PIA as well as the transparency of the budget for privacy in public sector.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.3-26
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• 2015

Recently, Practicing of ghost surgery and duty of informed consent of doctors have become a big issue in the medical dispute and lawsuits. The ground of admitting the informed consent and the agreement(self-determination of patients) can be based on the dignity of man and the right to pursue his happiness guaranteed under Article 10 of the constitution in theory. However there are no explicit legal regulations on the duty of the informed consent and there is no substantive legal enactment on the informed consent, but there is a collision between self-determination of patients and the discretionary power of doctors. If the discretionary power on the duty of the informed consent was extended it may result in the infringement of the right of surgical patients, so called arbitrary medical treatment. Relating to this issue, New Jersey Supreme Court held that a patient has the right to determine not only whether surgery is to be performed on him, but also who shall perform it. Moreover it held that a surgeon who operates without the patient's consent engages in the unauthorized touching of another and, thus, commits a battery'. But there are no ghost surgery cases adopting battery theory in Korea, and professional negligence has been considered rather than the battery, regarding an absence of hostile intent to injure patient. Supreme Court of Korea held that a doctor who operates a medical procedure without the patient's valid prior consent based on wrong diagnosis commits professional negligence resulting in injury, and the patient's invalid consent do not preclude wrongfulness'. However, if a health care provider conducts a completely non-consensual treatment or substitute surgeon without consent, the action should be plead in battery, not negligence, but if a health care provider violate his duty of care in obtaining the consent of the patient by failing to disclosure all relevant information (risks) that a reasonable person would deem significant in making a decision to have the procedure, the action should be plead in negligence, not battery. Therefore, the scope of patients' self-determination can be protected by stating clearly the scope of the duty of the informed consent and the exemption of the informed consent legislatively, it is considered that it is valid to legislate the limitation of the discretionary power.

• Journal of Legislation Research
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• no.41
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• pp.201-228
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• 2011

In 97hu2200, the Supreme Court of Korea suggested five requirements to apply the doctrine of equivalents, i.e. identity of problem-solving principles, interchangeability, ease of interchangeability, exception of known arts and file-wrapper estoppel. There have been arguments on whether the standard of ease of interchangeability could be regarded as the same as the obviousness standard in deciding patentability. The side who thinks that they are different (hereinafter, the side of difference) considers that the standard of ease of interchangeability is narrower than the obviousness standard. This side criticizes the side who thinks that they are the same each other (hereinafter, the side of the same) on the reason that doctrine of equivalents can be overly expanded. On the other hand, 'the side of the same' argues that every accused invention having no inventive step from the perspective of the patented invention should be considered to infringe. 'The side of the same' points that if the standard of ease of interchangeability is considered as narrower than the obviousness standard, 'grey area' should exist where the patent law cannot work. The difference between the two side may cause contradictory results in the decision of infringement under the doctrine of equivalents. Because 'the side of difference' construes claims narrowly than 'the side of the same,' an accused invention in the grey area is not regarded to infringe. 'The side of the same,' however, considers the accused invention to fall into the scope of the patent under the doctrine of equivalents. This paper concludes that the standard of ease of interchangeability should be regarded as the same as the obviousness standard from the perspective of economics of innovation.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.29 no.5
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• pp.1077-1088
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• 2019

As the cyber threats of nuclear power plants become more necessary to systematically prepare against the cyber attack, the international community and the domestic government are urged to apply proper security controls for Critical Digital Assets (CDA) through cyber security regulatory guidelines. In this study, we suggests the application of security controls to develop the regulatory requirements of the graded approach through the analysis of domestic and foreign cyber security regulation guidelines and best practices for digital assets directly related to nuclear accidents. In order to apply the regulatory requirements based on the consequence(impact of infringement) of the regulated facility, which is a basic consideration of the graded approach, we will classify two methods and describe details of each method. By reanalyzing existing security controls, it is introduced that the method of demanding digital assets directly related to accident to enhance security controls required for existing CDA or develop additional security controls and requiring minimum security controls for CDA that are not directly related to accident.

• Journal of the Korea Society of Computer and Information
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• v.25 no.6
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• pp.9-15
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• 2020

In this paper, we propose a case that drone (unmanned aerial vehicle), one of the representative technologies of the 4th Industrial Revolution, threatens airport safety and privacy infringement, and describes a drone control system proposal to solve the problem. Unmanned aerial vehicle (Drone) is creating a serious problem recently, In Korea, on May 21, 19, according to the Jeju Regional Aviation Administration, drones flew over Jeju Jeongseok Airfield twice in the same month, causing problems in aircraft operation. In overseas cases, two drones near the runway of Gatwick International Airport in the UK There has been a disturbance in which the takeoff and landing of the aircraft flies for a while, and various problems have occurred, such as voyeuring the private life of an individual using a drone. This paper is equipped with an Acess Point transponder mounted on a drone (unmanned aerial vehicle), and unspecified many who want to receive flight information (coordinates, altitude, and obstacles) of the drone access the drone AP, receive and receive the flight information of the drone, and receive unspecified multiple Drone AP flight information is collected and collected to provide the information of the drone currently floating on one user interface screen. In addition, an AP transponder is proposed to operate a safe drone (unmanned aerial vehicle) and the drone's flight information is transmitted., To receive and collect and collect data.