• Title/Summary/Keyword: legal framework

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The Present Status of and Development Plans for Legal Technology in the Fourth Industrial Revolution (4차 산업혁명시대 법정보기술의 현황과 발전방안)

  • Lee, Sung-Jin;Lee, Yeon-Ju;Son, Hyoung-Kun;Kim, Gi-Bum
    • Informatization Policy
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    • v.28 no.1
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    • pp.3-21
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    • 2021
  • Klaus Schwab's discussion on the Fourth Industrial Revolution provides a framework for predicting the direction of legal technology development. Technological convergence, which has emerged as the core concept of the Fourth Industrial Revolution has a significant effect on legal technology. In particular, various new technologies, such as legal chatbots and platforms, are being introduced to enhance efficiency and accessibility in the legal field. However, legal technology is still in its early stage, with institutional improvement needed to vitalize the industry. In this paper, we first specify the concept and classification of legal technology in Chapter 2, followed by trends and limitations in Chapter 3 and ways of vitalizing legal technology in the future in Chapter 4. To invigorate legal technology development, it is necessary to put in place legal regulatory measures that stipulate the active disclosure of legal data, such as precedents, and make free use of such measures. In the law, many issues, such as the safety of artificial intelligence, personal information protection, and ethical standards, will be discussed in the future. Therefore, via this paper, we hope to promote the formation of social consensus and prepare countermeasures, such as legislative measures.

The Paradigm Shift of Intelligence Information Society: Law and Policy (지능정보사회에 대한 규범적 논의와 법정책적 대응)

  • Kim, Yun-Myung
    • Informatization Policy
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    • v.23 no.4
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    • pp.24-37
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    • 2016
  • An Intelligent information society means intelligent superconducting society that goes beyond information society where information is centered. Now that artificial intelligence is specifically discussed, it is time to start discussing the laws and systems for intelligent information society, where artificial intelligence plays a key role. At some point it may be too late to cope with singularity. Of course, it is not easy to predict how artificial intelligence will change our society. However, there are concerns on what kind of relationship should humans build with AI in the intelligent information society where algorithms rule the world or at least support decision making of humans. What is obvious is that humans dominating AI or ruling out AI will not be the answer. Discussions for legal framework to respond to the AI-based intelligent information society needs to be achieved to a level that replaces the current human-based legal framework with AI. This is because legal improvement caused by the paradigm shift to the intelligent information society may assume emergence of new players-AI, robots, and objects-and even their subjectivation.

A Performance by New Technology Investment and Legal System Operation in Government Organization (정부조직 내 신기술 투자와 ICT 법·제도 운영에 따른 성과 연구)

  • Jung, Byoungho
    • Journal of Digital Convergence
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    • v.17 no.6
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    • pp.133-144
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    • 2019
  • The purpose of this study is to empirically examine the ICT legal system and the ICT performance by new technology's investment for government organizational changes. I will show the impact of government ICT investment interest, competency, convergence and process change, and then present policy direction. A research method used the structural equations. As a result of analysis, ICT investment interest and operational competency showed the negative impact the ICT legal system and the role change of ICT process and convergence of new technologies showed the positive impact. The Framework Act on National Information showed the positive impact on organizational performance, but the E-Government Act showed the negative impact. The contribution in the study expanded organization research from MIS perspective, and each organization is required the conflict resolve by ICT investment. A future study will require longitudinal study of ICT capabilities from previous to present government.

An overview of decentralized optimal fault-tolerant supervisory control systems

  • Cho, K.H.;Lim, J.T.
    • 제어로봇시스템학회:학술대회논문집
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    • 1996.10a
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    • pp.358-361
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    • 1996
  • In this paper, we discuss decentralized optimal fault tolerant supervisory control issues on the basis of failure analysis and diagnosis from the angle of discrete event dynamic system. We address the detectability and the observability problems, and develope fault tolerant supervisory control system upon the failure analysis and diagnosis schemes. A complete min-cut is introduced and the procedure for finding the achievable or nonachievable layered optimal legal sublanguages is suggested for a preferential option among the reachable states in the controlled plant. A layered optimal supervisory control framework is proposed upon these. We extend the concept of decentralized supervisory control by considering the problem of combination of decentralized with centralized control in case pure decentralized control happens to be inadequate. We introduce the concept of locally controllable pair and present a hybrid decentralized supervisory control framework. Finally, we propose the analytical framework for a decentralized optimal fault tolerant supervisory control systems.

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International Comparison of Anti-Discrimination Laws on Disability (장애에 관한 차별금지법 국제비교)

  • Ju, Youngha
    • Journal of Digital Convergence
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    • v.19 no.12
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    • pp.469-475
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    • 2021
  • The purpose of this study was to compare the elements of anti-discrimination laws on disability in major OECD countries. This study used the analysis framework for the elements of the anti-discrimination law on disability presented in the national report of Chopin et al.,(2018). In addition, It was analyzed including the Anti-Discrimination Act on Disability, the General Anti-Discrimination Act including Disability, the Equality Act in the UK, and the Human Rights Act in Canada. The research results were as follows. In Austria, Belgium, France and Sweden, it were found that the countrys satisfied all of the provisions of the Act on 'Direct discrimination', 'Indirect discrimination', 'Harassment', 'Legal standing to act on behalf of victims', 'Legal standing to act in support of victims' and 'Prohibition of victimisation'. In particular, in Korea, 'Legal standing to act on behalf of victims' and 'Legal standing to act in support of victims' were not included. However, it was a country that satisfied the provisions of the Act on 'Direct discrimination', 'Indirect discrimination', 'Harassment' and 'Prohibition of victimisation'. Finally, this study suggested legal and institutional supplementation.

Archival Meaning of Legal Evidence (법적 증거의 기록학적 의미)

  • Seol, Moon-won
    • Journal of Korean Society of Archives and Records Management
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    • v.22 no.1
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    • pp.219-235
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    • 2022
  • This study aims to analyze how the concept of legal evidence has influenced the principles of records management and investigate its meaning and limitations from the perspective of archives. To this end, it outlined how the methodologies of judging the trustworthiness of records as evidence have changed from Roman Law to modern legislation. In addition, the archival meaning of the historical development was analyzed in the following aspects; i) What was the main framework applied to judge the trustworthiness of records? ii) What characteristics did they think records as legal evidence should have? iii) What types of records were the main management targets, and how did they recognize the relationship between records and reality? Based on these analyses, the meaning and limitations of the records management that values legal evidence were presented.

Synergizing Climate Change and Ocean Regimes: A Comprehensive International Legal Approach for Ocean Acidification Governance

  • Sung Won Kim
    • Ocean and Polar Research
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    • v.45 no.4
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    • pp.185-199
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    • 2023
  • Ocean acidification poses a myriad of challenges, particularly to marine environments and ecosystems. Its negative repercussions are equally obvious from a human-centric perspective. Despite efforts to address ocean acidification through various international legal frameworks, current international legal frameworks, such as the United Nations Convention on the Law of the Sea and the United Nations Convention on Climate Change, which represent the climate change regime and the ocean regime, respectively, fall short of adequately addressing ocean acidification challenges. Because of the climate change regime's atmospheric-centered perspective and the ocean regime's pollution-oriented perspective, ocean acidification falls between the cracks and is not a priority for either regime. To adequately address the issues posed by ocean acidification, a concerted effort between the the legal regime addressing climate change and the legal regime regulating maritime affairs is crucial. This effort might be realized by developing a robust governance system that encompasses both of these regimes, which are specifically tailored to tackle ocean acidification. Given the complexity of ocean acidification governance, the distribution of roles for both regimes should be thoroughly examined. Due to its broad reach, the ocean regime might take the lead in directing the trajectory of ocean acidification, while the climate change regime might provide assistance within the context of ocean acidification governance. Active mutual reference and due diligence obligations could be employed in this scenario to bridge the gaps created by both the climate change regime and the ocean regime regarding ocean acidification. The active interaction between these regimes might pave the way for proper ocean acidification governance in order to meet the challenges posed by ocean acidification.

Legal Foundation of Silicon Valley: Lessons for Asian Hi-Tech Districts

  • Timberman, Alex
    • Asian Journal of Innovation and Policy
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    • v.3 no.1
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    • pp.1-24
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    • 2014
  • Policy planners in Asia readily covet high technology districts and regional systems of innovation such as Silicon Valley. We examine the law's role, by way of covenants not to compete (競業禁止條項) in the development of Silicon Valley by reviewing the literature from 1999 through 2013. The research suggests that in certain high-tech districts such as Silicon Valley, there are greater gains in the innovation of a region by prohibiting CNCs. While we emphasize CNC law as the main legal determinant to Silicon Valley's success, the application of trade secret law and the inevitable disclosure doctrine are also factors that can aid or restrict the mobility and knowledge spillover of a region. Even with much explored, perspectives are lacking from a regional innovation systems analysis, and more so in the context of Asian nations. To tackle these gaps, three analytical frameworks are presented that entails labor law, law and economics, and law and innovation. And from within the law and innovation framework, research is introduced in the hope that future discussions on Asian regional innovation systems consider the legal foundation of Silicon Valley.

A Study on the EU-UK Agreement for New Relations and New Paradigm of International Law for the Korea-EU-UK Relations (EU-영국의 새로운 관계를 위한 협정과 한국-EU-영국의 관계를 위한 새로운 국제법 패러다임에 관한 연구)

  • Bong-Chul Kim;Ho Kim
    • Korea Trade Review
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    • v.46 no.1
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    • pp.155-168
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    • 2021
  • The EU and the UK apply a treaty to establish new relations from 2021. Brexit is making a big difference in relations among the EU, the UK, and third countries. A new paradigm of international law has begun to be applied to relations among Korea, the EU, and the UK. The UK was excluded from the application of the Korea-EU FTA, and the Korea-UK FTA was applied to trade relations between Korea and the UK. The signing of these new treaties and the changes in the subject to which they apply are impacting the existing international legal system. The countries are showing some response, but it cannot be evaluated as a complete level, and there are still tasks to be solved. Therefore, the legal basis for EU-UK relations, Korea-EU relations, and Korea-UK relations should continue to be laid down in the future. The Korea-UK FTA cannot govern all the problems arising from trade and economic cooperation. Many interests that the UK did not reflect in the course of previous Korea-EU FTA negotiations will be revealed, so a new legal framework for Korea-UK bilateral relations will be established according to the negotiations between the two sides. There should be more detailed research and suggestion of alternatives in the field of law.

Methodology for digital investigation of illegal sharing using BitTorrent (BitTorrent를 이용한 저작물 불법 공유 조사 방법에 관한 연구)

  • Park, Soo-Young;Chung, Hyun-Ji;Lee, Sang-Jin
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.23 no.2
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    • pp.193-201
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    • 2013
  • Sharing copyrighted files without copyright holder's permission is illegal. But, a number of illegal file sharers using BitTorrent increase. However, it is difficult to find appropriate digital evidences and legal basis to punish them. And, there are no framework for digital investigation of illegal sharing using BitTorrent. Additionally, role of server in BitTorrent had been reduced than server in conventional P2P. So, It is difficult to apply investigation framework for illegal sharing using conventional P2P to investigation process of illegal sharing using BitTorrent. This paper proposes the methodology about punishing illegal sharer using BitTorrent by suggesting the digital investigation framework.