• Title/Summary/Keyword: legal basis

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An Impact Assessment Index for the RFID Privacy (RFID 개인정보 영향평가지수 개발)

  • Han, Pil-Koo;Kang, Byung-Goo
    • Journal of Information Management
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    • v.40 no.1
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    • pp.69-86
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    • 2009
  • The biggest paradigm of the latest telecommunications is ubiquitous computing. It is a technology basis to realize ubiquitous society that would affect social, economical and cultural industries with positive influence. However, there is a simultaneous concern that the approach to ubiquitous society may violate one's privacy. Therefore, the existence of legal and technological regulation would be the biggest obstacle in further RFID technology and industry dissemination. Also, in business side, they must invest with enormous expense and technology if technological method is only approached for the solution. As in the research, 8 RFID applications, application process and inspection items and 85 appraisal list of "An impact assessment for the privacy protection in RFID applications" developed by P. K. Han(2006), will be used as an indicator to measure RFID privacy impact assessment. In addition, it is to develop RFID privacy impact assessment index by applying objective data with survey of applied specialists. This would provide a data with feasibility and reliability to RFID related companies and able to utilize policy making on RFID private data. In addition, it is expected to contribute as an efficiency tool for individual data to build basis of ubiquitous society.

Development of Culinary Tourism in European Countries

  • Boiko, Viktoriia;Liubynskyi, Oleksandr;Strikha, Liudmyla;Zarakhovskyi, Oleksandr Y.;Neilenko, Sergii
    • International Journal of Computer Science & Network Security
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    • v.21 no.4
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    • pp.167-177
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    • 2021
  • The scientific paper studies the impact of tourism and traveling on the economic level of development of countries at the macro level and its relationship with other sectors of the economy. Tourism is one of the budget-forming factors of every economy. This work describes the main trends in the development of tourism. It is determined that about one third of tourism revenues are generated by the food sector, i.e., the culinary niche of tourism. Culinary tourism is a new direction of tourism, but it is developing quite dynamically in the EU. Culinary is an important part of rural tourism in the EU and culinary tourism is actively promoted at fairs and festivals. In recent years rural tourism has been developing both at the international level and in Ukraine, primarily due to its features, which include the implementation of the principles of sustainable community development, preservation of local traditions and cultural values, gastronomic events to promote them. The aim of the article is to study the theoretical aspects of the development of gastronomic tourism in the world, to analyze the actual condition of gastronomic tourism in the EU and Ukraine, identifying prospects and ways to develop regional gastronomic tourism. The methodological and informational basis of the work is analytical reports and researches related to the development of event tourism and statistics. Systematic and logistical approaches to the studied problems were used to achieve this goal. Various general scientific and special research methods were also used. Based on PESTLE analysis, key aspects of the external environment of gastronomic tourism in Ukraine are identified. We took into account the principles of sustainable development: political, economic, social, technological, legal and environmental. The main trends in the development of gastronomic tourism in the world are studied and it is found that the greatest development in the coming years will be the trend of combining gastronomic and event tourism on the basis of sustainable development. The main preconditions and possibilities of introduction of this holistic approach to the strategy of development of the tourist branch of Ukraine are determined. A model of sustainable value chain of gastronomic tourism in the region is formed and the main advantages of its implementation are identified: formation of a regional brand, preservation of culinary traditions, development of green farming, minimization of negative impact on the environment, sustainable development of communities.

An Design of Analyzing Process by Construction Extension of Time (공기연장 분쟁의 공사기간 분석 프로세스 설계에 관한 연구)

  • Kim, Beop-su;Seong, Gi-gang;Bae, In-ho;Bang, Hong-soon;Choi, Hyeong-jin;Kim, Ok-kyue
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.4
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    • pp.104-113
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    • 2019
  • Construction dispute about Extension of Time are complexly intertwined with various issues. The duration delay analysis defines the impact the issue has on the duration variation. And The international court and the arbitrator use the results of the analysis as a basis for reasonable duration judging. However, most of the domestic Construction sites have not established a business process for Extension of Time litigation. Therefore, Analysis data are collected after the occurrence of the dispute, there is not enough basic data of analysis almost. This study sought to improve the management efficiency by organizing information requirement for delay analysis and suggesting a reasonable business process. As a result of applying the proposed process to actual construction duration extension disputes, about 33% of practitioners, 46% of contractors, and 48% of legal advisors were satisfied with the process application site And Matrix validation was 91% identical. This study suggests that it is possible to increase the efficiency of the construction duration analysis work used as a basis in the construction dispute. Finally, the Computer based system design for this process should continue in the future.

Quality Improvement Method on Grammatical Errors of Information System Audit Report (정보시스템 감리보고서의 문법적 오류에 대한 품질 향상 방안)

  • Lee, Don Hee;Lee, Gwan Hyung;Moon, Jin Yong;Kim, Jeong Joon
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.19 no.2
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    • pp.211-219
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    • 2019
  • Accomplishing information system, techniques, methodology have been studied continuously and give much help to auditors who are using them. Additionally audit report which is the conclusion of accomplishing ISA(information system audit), has law of a basis and phase with ITA/EA Law(Electronic Government Law). This paper is for better quality of ISA report. But it has more errors about sentence and Grammatical structures. In this paper, to achieve quality improvement objectives, it is necessary to recognize the importance of an audit report by investigating on objectives, functionality, structures and usability of a report firstly, and a legal basis, the presence of report next. Several types of audit reports were chosen and the reports errors were divided into several categories and analyzed. After grasping reasons of those errors, the methods for fixing those errors and check-lists model was provided. And based on that foundation, the effectiveness validation about real audit reports was performed. The necessity for efforts to improve the quality of audit reports was emphasized and further research subject(AI Automatic tool) of this paper conclusion. We also expect this paper to be useful for the organization to improve on ISA in the future.

Site-Level Assessment of Other Effective Area-based Conservation Measures - Focusing on the Korea National Arboretum - (기타 효과적인 지역 기반 보전 수단(OECMs)의 개별 평가 - 국립수목원을 중심으로 -)

  • Shim, Yun-Jin;Sung, Jung-Won;Lee, Kyeong-Cheol;Kweon, Hyeong-Keun;An, Jong-Bin
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.26 no.2
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    • pp.1-11
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    • 2023
  • By delivering effective, in-situ conservation of biodiversity, OECMs can contribute to sustaining existing biodiversity values and improving biodiversity conservation outcomes. In this study, for the reporting of OECMs required by Kunming-Montreal Global Biodiversity Framework, the site-level assessment of the Korea National Arboretum and Buffer Zones were conducted using the assessment tool of IUCN. The site-level assessment was carried out in three steps(step 1: screening, step 2 : consent for full assessment, step 3 : the full assessment). It was found that the criteria were satisfied except for the consent for full assessment, sustainability of governance and management arrangements, and the equity of governance and management. Although the governing authority, rights-holders or any other stakeholders could be identified, the step of acknowledging and agreeing to the full OECM assessment was not possible because the governance was not established. As a result of the assessment of equitable governance and management in the aspect of recognition, procedure, and distribution based on criterion(the equity of governance and management), it is judged that more specific measures are needed in the aspect of recognition. And in the aspect of procedure, there is no legal basis for participation in governance and collection of opinions, so it is judged that there is a limit to listening and reflecting the opinions of stakeholders. In the aspect of distribution, it is necessary to further confirm whether it provides direct benefits to rights-holders such as landowners in the region. And it is necessary to prepare specific criteria to assess the important biodiversity values. Therefore, in order to promote OECM reporting in the future, it is necessary to conduct detailed research on various types of governance establishment and operation plans that can establish the basis for recognizing and agreeing to OECM assessment, specific criteria and reasonable measures to judge equity, and important biodiversity value.

A Study on the Effective Guarantee of the Right to Portability of Personal Health Information (개인건강정보 이동권의 실효적 보장에 관한 연구)

  • Kim, Kang Han;Lee, Jung Hyun
    • The Korean Society of Law and Medicine
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    • v.24 no.2
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    • pp.35-77
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    • 2023
  • As the amendment to the Personal Information Protection Act, which newly established the basis for the right to request transmission of personal information, was promulgated through the plenary session of the National Assembly, MyData, which was previously applied only to the financial sector, could spread to all fields. The right to request transmission of personal information is the right of the information subject to be guaranteed for the realization of MyData. However, since the right to request transmission of personal information stipulated in the Personal Information Protection Act is designed to be applied to all fields, not a special field such as the medical field, it has many shortcomings to act as a core basis for implementing MyData in Medicine. Based on this awareness of the problem, this paper compares and analyzes major legal trends related to the right to portability of personal health information at home and abroad, and examines the limitations of Korea's Personal Information Protection Act and Medical Act in realizing Medical MyData. Under the Personal Information Protection Act, the right to request transmission of personal information is insufficient to apply to the medical field, such as the scope of information to be transmitted, the transmission method, and the scope of the person obligated to perform the transmission, etc.. Regulations on the right to access medical information and transmission of medical records under the Medical Act also have limitations in implementing the full function of Medical My Data in that the target information and the leading institution are very limited. In order to overcome these limitations, this paper prepared a separate and independent special law to regulate matters related to the use and protection of personal health information as a measure to improve the legal system that can effectively guarantee the right to portability of personal health information, taking into account the specificity of the medical field. It was proposed to specifically regulate the contents of the movement and transmission system of personal health information.

Legal Issues Regarding the Civil Injunction Against the Drone Flight (토지 상공에서의 드론의 비행자유에 대한 제한과 법률적 쟁점)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.75-111
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    • 2020
  • The civilian drone world has evolved in recent years from one dominated by hobbyists to growing involvement by companies seeking to profit from unmanned flight in everything from infrastructure inspections to drone deliveries that are already subject to regulations. Drone flight under the property right relation with the land owner would be deemed legal on the condition that expeditious and innocent passage of drone flight over the land be assured. The United Nations Convention on the Law of the Sea (UNCLOS) enshrines the concept of innocent passage through a coastal state's territorial sea. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state. A vessel in innocent passage may traverse the coastal state's territorial sea continuously and expeditiously, not stopping or anchoring except in force majeure situations. However, the disturbances caused by drone flight may be removed, which is defined as infringement against the constitutional interest of personal rights. For example, aggressive infringement against privacy and personal freedom may be committed by drone more easily than ever before, and than other means. The cost-benefit analysis, however, has been recognjzed as effective criteria regarding the removal of disturbances or injunction decision. Applying that analysis, the civil action against such infringement may not find suitable basis for making a good case. Because the removal of such infringement through civil actions may result in only the deletion of journal article. The injunction of drone flight before taking the information would not be obtainable through civil action, Therefore, more detailed and meticulous regulation and criteria in public law domain may be preferable than civil action, at present time. It may be suitable for legal stability and drone industry to set up the detailed public regulations restricting the free flight of drone capable of acquiring visual information amounting to the infrigement against the right of personal information security.

Institutionalization of the Value of Ecosystem services (생태계 서비스 가치의 제도화)

  • Hwang, Eun-Ju;Chun, Jae-Kyong
    • Korean Journal of Environment and Ecology
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    • v.31 no.3
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    • pp.337-343
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    • 2017
  • This study is going to contribute the activation of ecosystem services written in the 3rd National Basic Plan for Nature Conservation(2016~2025) in Korea. Meanwhile we considered the benefits that the nature has given to the humankind as free goods or services which we may consume traditionally without due payment therefore. But on account of the expansion of cities and expedition of development, as the carrying capacity of the nature has been breached, people have come to try to restore and enhance artificially such vulnerable capacity. It is necessary to compensate the opportunity cost which the land owners or occupiers have to pay for conservation and maintenance of natural capitals which yield the ecosystem services. Therefore the institutionalization of ecosystem services should be established that the consumers who enjoy such services should share the interest from enjoying services with the land owners or occupiers who produce the ecosystem services, under the legal system which will make it possible to connect the benefit sharing with the conservation of environment. However it is the first task that the present legal system could not realize the fair and equitable benefit sharing between the producers and consumers of ecosystem services. And the second task in such legal system is that the value of ecosystem services could not be fully considered in the process of development planning. According to the analysis of this study, the institutionalization of ecosystem services in the government side and the civilian side could be realized to somewhat extent, although not sufficient. Especially the transactions of ecosystem services through the private contract among stakeholder are possible in the course of development planning or without any relevancy to a development project. The final task in the institutionalization of ecosystem services is how to assess the ecosystem services and to value the economic benefits therefrom on the basis of what kinds of procedures relating to some development processes. To overcome such difficulties, it is necessary that the state, trend and change of ecosystem services confronting with a developing project should be assessed concretely at the threshold of development. It is possible to integrate the ecosystem services into the environmental impact assessment(IEA), not by way of the Act of IEA, but by way of the Decree thereof.

The Study of Comparative Legal Review According to Data Exclusivity of Pharmaceutical Marketing Authorization - In preparation for the development of drugs and vaccine of COVID-19 - (의약품 자료독점권(Data Exclusivity)에 대한 비교법적 고찰 - COVID-19 치료제 및 백신 개발을 대비하여 -)

  • Park, Jeehye
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.223-259
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    • 2020
  • With COVID-19 spreading rapidly around the world, research and development issues on treatments and vaccines for the virus are of high interest. Among them, Remdesivir was the first to show noticeable therapeutic effects and began clinical trials, with each country authorizing the use of the drug through emergency approval. However, Gilead Co., Ltd., the developer of Remdesivir, received a lot of criticism from civic groups for submitting the application for the marketing authorization as an orphan drug. This is because when a new drug got a marketing authorization as an orphan drug could be granted an exclusive status for seven year. The long-term exclusive status of an orphan drug comes from the policy purpose of motivating pharmaceutical companies to develop treatment opportunities for patients suffering from rare diseases, which was not appropriate to apply to infectious disease treatments. This paper provides a review of the problems and improvement directions of the domestic system through comparative legal consideration against the United States, Europe and Japan for the statutes which give exclusive status to medicines. The domestic system has a fundamental problem that it does not have explicit provisions in the statute in the manner of granting exclusive status, and that it uses the review system to give it exclusive status indirectly. In addition, in the case of orphan drugs, the "Rare Diseases Management Act" and the "Regulations on Examination of Items Permission and Reporting of Drugs" provide overlapping review periods, and despite the relatively long monopoly period, there seems to be no check clause to recover exclusive status in the event of a change in circumstances. Given that biopharmaceuticals are difficult to obtain patents, the lack of such provisions is a pity of domestic legislation, although granting exclusive rights may be a great motivation to induce drug development. In the United States, given that the first biosimilar also has a one-year monopoly period, it can be interpreted that domestic legislation is quite strictly limited to granting exclusive status to biopharmaceuticals. The need for improvement of the domestic system will be recognized in that it could undermine local pharmaceutical companies' willingness to develop biopharmaceuticals in the future, and in that it is also necessary to harmonize international regulations. Taking advantage of the emergence of COVID-19 as an opportunity, we look again at the problems of the domestic system that grants exclusive rights to medicines and hope that an overall revision of the relevant legislation will be made to establish a unified legal basis.

The Concept of 'Risk' and the Proportionality Review of Infectious Disease Prevention Measures (감염병 팬데믹에서의 '리스크' 개념과 방역조치에 대한 비례성 심사의 구체화 -집합제한조치에 대한 국내외 판결을 중심으로-)

  • You, Kihoon
    • The Korean Society of Law and Medicine
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    • v.23 no.3
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    • pp.139-207
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    • 2022
  • As various state restrictions on individual freedom were imposed during the COVID-19 pandemic, concerns have been raised that excessive infringements on fundamental rights were indiscriminately permitted based on the public interest of preventing infectious diseases. Therefore, the question of how to set acceptable limits of liberty restrictions on individuals has emerged. However, since the phenomenon of infections spreading to the population is only predicted statistically, how to deal with the risk of the infected individual as a subject of legal analysis has become a problem. In the absence of a theoretical framework of legal analysis of risk, the risk of infected individuals during the pandemic was not analyzed strictly, and proportionality review of infection prevention measures was often only an abstract comparison of the importance of public interest and individual rights. Therefore, this research aims to conduct a theoretical review on how risk can be conceptualized legally in a public health crisis, and to develop a theoretical framework for proportionality review of the risk of liberty-limiting measures during a pandemic. Chapter 2 analyzes the legal philosophical concepts of risk, which are the basis for liberty restrictions during a public health crisis, and applies and extends them to the pandemic. Chapter 3 reviews previous studies related to liberty restriction measures in the context of the COVID-19 pandemic, and points out they have a limitation that specific criteria for the proportionality review of public health measures in the pandemic have not been presented. Accordingly, Chapter 3 specifies the methodological framework for proportionality review, referring to the theoretical discussion on risks in Chapter 2. Chapter 4 reviews the legitimacy of gathering restriction orders, applying the theoretical discussion in Chapter 2 and the criteria for proportionality review established in Chapter 3. In particular, Section 4 examines logic of proportionality review in judicial precedents over the ban on gathering restrictions implemented in the COVID-19 pandemic. In analyzing the precedents, the logic of proportionality review in each case is critically reviewed and reconstructed based on the theoretical framework presented in this research.