• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.23
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• pp.155-219
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• 2004

This paper focuses on two recent legislative developments in electronic commerce: the "Uniform Computer Information Transactions Act" ("UCITA") of USA and the "preliminary draft convention on the use of data message in [international trade] [the context of international contracts]" ("preliminary draft Convention") of UNCITRAL. UCITA provides rules contracts for computer information transactions. UCITA supplies modified contract formation rules adapted to permit and to facilitate electronic contracting. UCITA also adjusts commonly recognized warranties as appropriate for computer information transactions; for example, to recognize the international context in connection with protection against infringement and misappropriation, and First Amendment considerations involved with informational content. Furthermore, UCITA adapts traditional rules as to what is acceptable performance to the context of computer information transactions, including providing rules for the protection of the parties concerning the electronic regulation of performance to clarify that the appropriate general rule is one of material breach with respect to cancellation (rather than so-called perfect tender). UCITA also supplies guidance in the case of certain specialized types of contracts, e.g., access contracts and for termination of contracts. While for the most part carrying over the familiar rules of Article 2 concerning breach when appropriate in the context of the tangible medium on which the information is fixed, but also adapting common law rules and rules from Article 2 on waiver, cure, assurance and anticipatory breach to the context of computer information transactions, UCITA provides a remedy structure somewhat modeled on that of Article 2 but adapted in significant respects to the different context of a computer information transaction. For example, UCITA contains very important limitations on the generally recognized common law right of self-help as applicable in the electronic context. The UNCITRAL's preliminary draft Convention applies to the use of data messages in connection with an existing or contemplated contract between parties whose places of business are in different States. Nothing in the Convention affects the application of any rule of law that may require the parties to disclose their identities, places of business or other information, or relieves a party from the legal consequences of making inaccurate or false statements in that regard. Likewise, nothing in the Convention requires a contract or any other communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract to be made or evidenced in any particular form. Under the Convention, a communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract, including an offer and the acceptance of an offer, is conveyed by means of data messages. Also, the Convention provides for use of automated information systems for contract formation: a contract formed by the interaction of an automated information system and a person, or by the interaction of automated information systems, shall not be denied on the sole ground that no person reviewed each of the individual actions carried out by such systems or the resulting agreement. Further, the Convention provides that, unless otherwise agreed by the parties, a contract concluded by a person that accesses an automated information system of another party has no legal effect and is not enforceable if the person made an error in a data message and (a) the automated information system did not provide the person with an opportunity to prevent or correct the error; (b) the person notifies the other party of the error as soon as practicable when the person making the error learns of it and indicates that he or she made an error in the data message; (c) The person takes reasonable steps, including steps that conform to the other party's instructions, to return the goods or services received, if any, as a result of the error or, if instructed to do so, to destroy such goods or services.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.18 no.7
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• pp.1-8
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• 2017

As the IT environment becomes more sophisticated, various threats and their associated serious risks are increasing. Threats such as DDoS attacks, malware, worms, and APT attacks can be a very serious risk to enterprises and must be efficiently managed in a timely manner. Therefore, the government has designated the important system as the main information communication infrastructure in consideration of the impact on the national security and the economic society according to the 'Information and Communication Infrastructure Protection Act', which, in particular, protects the main information communication infrastructure from cyber infringement. In addition, it conducts management supervision such as analysis and evaluation of vulnerability, establishment of protection measures, implementation of protection measures, and distribution of technology guides. Even now, security consulting is proceeding on the basis of 'Guidance for Evaluation of Technical Vulnerability Analysis of Major IT Infrastructure Facilities'. There are neglected inspection items in the applied items, and the vulnerability of APT attack, malicious code, and risk are present issues that are neglected. In order to eliminate the actual security risk, the security manager has arranged the inspection and ordered the special company. In other words, it is difficult to check against current hacking or vulnerability through current system vulnerability checking method. In this paper, we propose an efficient method for extracting diagnostic data regarding the necessity of upgrading system vulnerability check, a check item that does not reflect recent trends, a technical check case for latest intrusion technique, a related study on security threats and requirements. Based on this, we investigate the security vulnerability management system and vulnerability list of domestic and foreign countries, propose effective security vulnerability management system, and propose further study to improve overseas vulnerability diagnosis items so that they can be related to domestic vulnerability items.

• The Journal of Art Theory & Practice
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• no.4
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• pp.123-144
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• 2006

Foreigners who arrived in Korea after the age of enlightenment were Japanese, Chinese and 'Westerners' who were Europeans and Americans. The westerners were diplomats who visited Korea for colonization or for increasing their economical profits by trading after the spread of imperialism, and tourists curious of back countries, artists, explores and missionaries to perform their roles for their religious beliefs. They contacted with Korean cultural and educational people as missionaries and instructors during Japanese colonial period. In 1945, the allied forces occupied Korea under the name of takeover of Japanese colony after Japan's surrender and the relation between foreigners and Korean cultured men enter upon a new phase. For 3 years, American soldiers enforced lots of systems in Korea and many pro-American people were educated. This relationship lasted even after the establishment of the government of Korean Republic and especially, diplomats called as pro-Korean group came again after Korean War. Among them, there were lots of foreigners interested in cultures and arts. In particular, government officials under American Forces who were influential on political circles or diplomats widened their insights toward Korean cultural assets and collected them a lot. Those who were in Korea from the period of independence to 1950s wrote their impressions about Korean cultural assets on newspapers or journals after visiting contemporary Korean exhibitions. Among them, A. J. McTaggart, Richard Hertz and the Hendersons were dominant. They thought the artists had great interests in compromising and uniting the Orient and the West based on their knowledge of Korean cultural assets and they advised. However, it was different from Korean artist's point of view that the foreigners thought Korean art adhered oriental features and contained western contents. From foreigners' point of view, it is hard to understand the attitude Korean artists chose to keep their self-respect through experiencing the Korean war. It is difficult to distinguish their thought about Korean art based on their exotic taste from the Korean artists' local and peninsular features under Japanese imperialism. We can see their thought about Korean art and their viewpoint toward the third world, after staying in Korea for a short period and being a member of the first world. The basic thing was that they could see the potentialities through the worldwide, beautiful Korean cultural assets and they thought it was important to start with traditions. It is an evidence showing Korean artists' pride in regard to the art culture through experiencing the infringement of their country. By writing about illuminating Korean art from the third party's view, foreigners represented their thoughts through it that their economical, military superiority goes with their cultural superiority. The Korean artist's thought of emphasizing Korean history and traditions, reexamining and using it as an original creation may have been inspired by westerners' writings. 'The establishment of national art' that Korean artists gave emphasis then, didn't only affect one of the reactions toward external impact, 'the adhesion of tradition'. In the process of introducing Korean contemporary art and national treasure in America, different view caused by role differences-foreigner as selector and Korean as assistant-showed the fact evidently that the standard of beauty differed between them. By emphasizing that the basis to classify Korean cultural assets is different from the neighborhood China and Japan, they tried to reflect their understanding that the feature of Korean art is on speciality other than universality. And this make us understand that even when Korean artists profess modernism, they stress that the roots are on Korean and oriental tradition. It was obviously a different thought from foreigners' view on Korean art that Korean artists' conception of modernism and traditional roots are inherent in Korean history. In 1950s, after the independence, Korea had different ideas from foreigners that abstract was to be learned from the west. Korea was enduring tough times with their artists' self-respect which made them think that they can learn the method, but the spirit of abstract is in the orient.

• Journal of Arbitration Studies
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• v.26 no.4
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• pp.3-41
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• 2016

This paper reviews the problems on the arbitral awards enforcement in the 2016 Korean Arbitration Act. In order to get easy and rapid enforcement of the arbitral awards, the new arbitration act changed the enforcement procedure from an enforcement judgement procedure to an enforcement decision procedure. However, like the old arbitration act, the new act is still not arbitration friendly. First of all, there are various problems in the new act because it does not approve that an arbitral award can be a schuldtitel (title of enforcement) of which the arbitral award can be enforced. In this paper, several problems of the new act are discussed: effect of arbitral award, approval to res judicata of enforcement decision, different trial process and result for same ground, possibility of abuse of litigation for setting aside arbitral awards and delay of enforcement caused by setting aside, infringement of arbitration customer's right to be informed, and non-internationality of enforcement of interim measures of protection, inter alia. The new arbitration act added a proviso on article 35 (Effect of Arbitral Awards). According to article 35 of the old arbitration act, arbitral awards shall have the same effect on the parties as the final and conclusive judgement of the court. The proviso of article 35 in the new act can be interpret two ways: if arbitral awards have any ground of refusal of recognition or enforcement according to article 38, the arbitral awards do not have the same effect on the parties as the final and conclusive judgement of the court; if arbitral awards have not recognised or been enforced according to article 38, the arbitral awards do not have the same effect on the parties as the final and conclusive judgement of the court. In the case of the former, the parties cannot file action for setting aside arbitral awards in article 36 to the court, and this is one of the important problems of the new act. In the new act, same ground of setting aside arbitral awards can be tried in different trial process with or without plead according to article 35 and 37. Therefore, progress of enforcement decision of arbitral awards can be blocked by the action of setting aside arbitral awards. If so, parties have to spend their time and money to go on unexpected litigation. In order to simplify enforcement procedure of arbitral awards, the new act changed enforcement judgement procedure to enforcement decision procedure. However, there is still room for the court to hear a case in the same way of enforcement judgement procedure. Although the new act simplifies enforcement procedure by changing enforcement judgement procedure to enforcement decision procedure, there still remains action of setting aside arbitral awards, so that enforcement of arbitral awards still can be delayed by it. Moreover, another problem exists in that the parties could have to wait until a seventh trial (maximum) for a final decision. This result in not good for the arbitration system itself in the respect of confidence as well as cost. If the arbitration institution promotes to use arbitration by emphasizing single-trial system of arbitration without enough improvement of enforcement procedure in the arbitration system, it would infringe the arbitration customer's right to be informed, and further raise a problem of legal responsibility of arbitration institution. With reference to enforcement procedure of interim measures of protection, the new act did not provide preliminary orders, and moreover limit the court not to recognize interim measures of protection done in a foreign country. These have a bad effect on the internationalization of the Korean arbitration system.

• Asia pacific journal of information systems
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• v.24 no.3
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• pp.299-323
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• 2014

The reason location based service is drawing attention recently is because smart phones are being supplied increasingly. Smart phone, basically equipped with GPS that can identify location information, has the advantage that it can provide contents and services suitable for the user by identifying user location accurately. Offering such diverse advantages, location based services are increasingly used. In addition, for use of location based services, release of user's personal information and location data is essentially required. Regarding personal information and location data, in addition to IT companies, general companies also are conducting various profitable businesses and sales activities based on personal information, and in particular, personal location data, comprehending high value of use among personal information, are drawing high attentions. Increase in demand of personal information is raising the risk of personal information infringement, and infringements of personal location data also are increasing in frequency and degree. Therefore, infringements of personal information should be minimized through user's action and efforts to reinforce security along with Act on the Protection of Personal Information and Act on the Protection of Location Information. This study aimed to improve the importance of personal information privacy by empirically analyzing the effect of perceived values on the intention to strengthen location information security and continuously use location information for users who received location-based services (LBS) in mobile environments with the privacy calculation model of benefits and risks as a theoretical background. This study regarded situation-based provision, the benefit which users perceived while using location-based services, and the risk related to personal location information, a risk which occurs while using services, as independent variables and investigated the perceived values of the two variables. It also examined whether there were efforts to reduce risks related to personal location information according to the values of location- based services, which consumers perceived through the intention to strengthen security. Furthermore, it presented a study model which intended to investigate the effect of perceived values and intention of strengthening security on the continuous use of location-based services. A survey was conducted for three hundred ten users who had received location-based services via their smartphones to verify study hypotheses. Three hundred four questionnaires except problematic ones were collected. The hypotheses were verified, using a statistical method and a logical basis was presented. An empirical analysis was made on the data collected through the survey with SPSS 12.0 and SmartPLS 2.0 to verify respondents' demographic characteristics, an exploratory factor analysis and the appropriateness of the study model. As a result, it was shown that the users who had received location-based services were significantly influenced by the perceived value of their benefits, but risk related to location information did not have an effect on consumers' perceived values. Even though users perceived the risk related to personal location information while using services, it was viewed that users' perceived value had nothing to do with the use of location-based services. However, it was shown that users significantly responded to the intention of strengthening security in relation to location information risks and tended to use services continuously, strengthening positive efforts for security when their perceived values were high.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.7 no.3
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• pp.45-53
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• 2012

This study is about the impact of a technology-based start-ups' patent-related activities on early stage company performance. Technology-based start-ups are closely related to the intellectual property rights, particularly patents that they aim the pursuit of new products or production methods and pioneer the introduction of market based on innovative technology, and that is a key role in such companies established and operating, hence the research of patent-related activities in technology-based start-ups has important implications. In most previous studies, the impact of the company's patent related activities on the performance of corporate management is determined by using quantitative patent indicators. Therefore, through this study, causal relationships leading to business performance through the development of new products, which includes technology performance and product performance, and the patent-related activities including the company's patented technology support activities, creating the right activities, infringement response activities, base activities validated as follows. First, the patent-related activities have a positive impact on technological and products achievements. In other words, the various activities involved in the acquisition and utilization of the patent have a positive impact on the performance of company's new product development, particularly developing new technologies or patent acquisition rate. Second, the technology have a positive impact on the performance of the products, not on the business performance. However, the empirical results shows that it has indirectly impacts on business performance through the product performance. Third, product performance have a positive impact on business performance. In conclusion, patent-related activities affects the performance of the company's management, and the maintenance of the company's business performance depends on the developing and selling product based on the customers needs, besides the technology performance such as the patents and the development of technology.

• Journal of Intelligence and Information Systems
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• v.17 no.2
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• pp.97-107
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• 2011

Nowadays there are a lot of issues about copyright infringement in the Internet world because the digital content on the network can be copied and delivered easily. Indeed the copied version has same quality with the original one. So, copyright owners and content provider want a powerful solution to protect their content. The popular one of the solutions was DRM (digital rights management) that is based on encryption technology and rights control. However, DRM-free service was launched after Steve Jobs who is CEO of Apple proposed a new music service paradigm without DRM, and the DRM is disappeared at the online music market. Even though the online music service decided to not equip the DRM solution, copyright owners and content providers are still searching a solution to protect their content. A solution to replace the DRM technology is digital audio watermarking technology which can embed copyright information into the music. In this paper, the author proposed a new audio watermarking algorithm with two approaches. First, the watermark information is generated by two dimensional barcode which has error correction code. So, the information can be recovered by itself if the errors fall into the range of the error tolerance. The other one is to use chirp sequence of CDMA (code division multiple access). These make the algorithm robust to the several malicious attacks. There are many 2D barcodes. Especially, QR code which is one of the matrix barcodes can express the information and the expression is freer than that of the other matrix barcodes. QR code has the square patterns with double at the three corners and these indicate the boundary of the symbol. This feature of the QR code is proper to express the watermark information. That is, because the QR code is 2D barcodes, nonlinear code and matrix code, it can be modulated to the spread spectrum and can be used for the watermarking algorithm. The proposed algorithm assigns the different spread spectrum sequences to the individual users respectively. In the case that the assigned code sequences are orthogonal, we can identify the watermark information of the individual user from an audio content. The algorithm used the Walsh code as an orthogonal code. The watermark information is rearranged to the 1D sequence from 2D barcode and modulated by the Walsh code. The modulated watermark information is embedded into the DCT (discrete cosine transform) domain of the original audio content. For the performance evaluation, I used 3 audio samples, "Amazing Grace", "Oh! Carol" and "Take me home country roads", The attacks for the robustness test were MP3 compression, echo attack, and sub woofer boost. The MP3 compression was performed by a tool of Cool Edit Pro 2.0. The specification of MP3 was CBR(Constant Bit Rate) 128kbps, 44,100Hz, and stereo. The echo attack had the echo with initial volume 70%, decay 75%, and delay 100msec. The sub woofer boost attack was a modification attack of low frequency part in the Fourier coefficients. The test results showed the proposed algorithm is robust to the attacks. In the MP3 attack, the strength of the watermark information is not affected, and then the watermark can be detected from all of the sample audios. In the sub woofer boost attack, the watermark was detected when the strength is 0.3. Also, in the case of echo attack, the watermark can be identified if the strength is greater and equal than 0.5.

• Journal of Korean Society of Forest Science
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• v.4 no.1
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• pp.1-8
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• 1965

In this study, the present institution of reserved forests in Korea has been criticized through the analysis of the present situation of reserved forests in Korea, and mainly, on designation and cancellation of them because of this important institution thought as restriction of forest ownership. Reserved forest land in Korea as of the end of 1962 is 996,915 chungbo in area, or about 14.8% of the total forest land area, 6,750,324 chungbo in Korea, and we can find that the area of reserved forest land has increased remarkably since the Liberation in 1945, in comparison with about 180,000 chungbo-a little over 1% of the total forest land area, 16,000,000 chungbo, through Southern and Northern Korea till the Liberation in 1945. This fact clearly proves that Korean forests are extremely devastated since the Liberation in 1945, and in Korea we can find that reserved forest policy is very important in forest policy, consequently, reserved forest institution must be dealt with care. Moreover, the area of reserved forest land, 996,915 chungbo, which is divided into 43,820 chungbo of national forest land, 59,302 chungbo of public forest land, 893,793 chungbo of private forest land, and private forest land is excellently large, or about 89.7% of the total area of reserved forest land. In this number, we may understand the fact that reserved forests have the most influences on private forests, therefore, we may recognize that it is necessary for reserved forest constitution which is infringement of private right to be carried out carefully. From the first beginning, the institution of reserved forests is serious restriction to the forest ownership. Consequently, when the area of reserved forest land grows, it interferes seriously with the free forest management and the desire for forest own ership is decreased, at the same time, forest enterprise results in obstruction. Especially, Korean forests are destroyed extremely at present, so, intensification of reserved forest institution is unavoidable for completion of the national aim which forests have, but the author thinks that reserved forest institution must be as avoidable as possible, and we have to obtain good results by supervision of forest management which is regulated in the Forest Law. Consequently, designation of reserved forests must be minimized, and although forests were already designated as reserved forests they must be cancellated as fast as fast as possible and put them free in the owner's hands when they are in cancellation conditions. According to the provision of Article 18 of the Forest Law concrete cases designated as a reserved forest are enumerated for the purpose of maintaining the forest ownership and avoiding to give the forest authorities a free hand in order to protect forest owners from one-sided damage. Therefore, the forest authorities must not abuse the institution of reserved forests, and it is not good tendency to give only the authorities a free hand in eesignation and cancellation of reserved forests, and especially, when the forest owners object to that, establishing some legal organization like the reserved forest council in each province in order to hear about impartial opinions, and it is more suitable than administrative disposal by the same organization. The compensation of damages for reserved forests by the provision of Article 25 of the Forest Law is a different problem by forest policy, but the results of compensation of damages regulated in the Forest Law are wholly lacking up to now, the author thinks that this is caused to poor forest cover, the forest owner's unconcern and insincerity of administrative authorities. Therefore, the government must enlarge the range of compensation and minimize the forest owner's economic sacrifice, also, the government must mollify the conditions of the legal restrictions to reserved forests, and harmonize with functions of national conservation and economy. This means that it is necessary to modify the restrictive conditions for the effective utilization of forest resources within the range in which can be attained the purpose of designation, from permanent prohibition of cutting. Except the reserved forests of fish habitat, public sanitation, maintaining scenery and navigational mark ect., most of reserved forests are prohibited from cutting, and the present situation of forests in Korea are extremely devastated and those forests are not so expected in cancellation possibility in near future. Therefore, when the forest owners apply for national purchase of those reserved forests, the government had better nationalize them, protect and manage to reduce the forest owner's economic sacrifice.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.3-28
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• 2016

While product liability has been settled as a technical term in civil law, criminal law does not commonly accept technical term for it. Not like civil law, product liability in criminal law point outs individual responsibility and disability of normative order. Meaning that causation between individual's action of violation of duty and the result of danger of legal interest or infringement of legal interest must be proved. In criminal law excluding "non-result-constituted crimes (Unternehmensdelikt)", charge of injuring, accidental infliction of injury, homicide or involuntary manslaughter is problematic in product liability. Of course, it is necessary to distinguish whether the action related to the outcome is act or ommission. Also the causal relationship between the action and the result must be proved, and the intention or negligence should be recognized. In this paper, it analyzes cases that were problematic in Korea, Germany, Spain, etc. Mainly focusing on the problems revealed in the determination of causal relationship, especially recognizing criminal liability related to products. Furthermore it is followed by the view of reviewing the cause-and-effect relationship by 2 steps, dividing natural scientific causation and the normative causal relationship. In this process, to acknowledge criminal product liability in accordance with recognizing cause-and-effect relationship, there should be general risk of specific substance causing the outcome. This only premise can be meaningful to examine the casual relationship from specific cases. As it shows in some cases and theories, it is not contradicting general law of cause and effect by determining specific causal relationship by free evaluation of evidence if a general causal relationship does not exist. Also since judge's testimony does not hold a dominant position from rule of thumb, it is possible to recognize specific causal relationship. However this paper takes position that if there is no objective and reasonably undeniable cause and effect law. If there is no objective and reasonably undeniable causal law, which is the premise for recognizing concrete causal relations, judge should sentence guilty according to "in dubio pro reo" principle. In addition, it is not allowed for the defendant to burden unproven fact by free evaluation of evidence which has an effect of shift of burden of proof.

• Management & Information Systems Review
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• v.35 no.2
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• pp.99-118
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• 2016

With the development of Internet and popularization of smartphones over recent years, social network services are experiencing rapid growth. On top of this, smartphone gaming market is showing a rapid growth and the use of mobile social games is on the significant rise. The occurrence of game data manipulation targeting these services and personal information leakage is highlighting the importance of social gaming security. This study is intended to propose development plans effective and efficient in social game services by figuring out factors putting effects on security dependent behavior of social game users in Korea and carrying out a practical study on the casual relationship between factors influencing security dependent behavior through recognized behavioral control and attitudes for privacy infringement of these factors. To do this, proposed was a study model in which the HBM(Health Belief Model) allowing the social game user to influence security dependent behavior was expanded and applied as a major variable. To verify the study model of this study practically, a survey was conducted among university students in Seoul-based K University and S University who had experienced using social game services. According to the study findings, firstly, the perceived seriousness turned out to provide positive influence to trust. But, the perceived seriousness turned out not to put positive effects on self-efficacy. Secondly, the perceived probability turned out not to put positive effects on self-efficacy and trust. Thirdly, the perceived gain turned out to put positive effects on self-efficacy and trust. Fourthly, the perceived disorder turned out not to put positive effects on self-efficacy and trust. Fifthly, self-efficacy turned out to put positive effects on trust. But, self-efficacy turned out not to put positive effects on security dependent behavior. Sixthly, trust turned out not to put positive effects on security dependent behavior. This study is intended to make a strategic proposal so that social game users can raise awareness of their level of security perception and security willingness through this.