• Title/Summary/Keyword: legal regulation

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Human Rights in The Context of Digitalization. International-Legal Analysis

  • Panova, Liydmyla;Gramatskyy, Ernest;Kryvosheyina, Inha;Makoda, Volodymyr
    • International Journal of Computer Science & Network Security
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    • v.22 no.5
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    • pp.320-326
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    • 2022
  • The use of the Internet has become commonplace for billions of people on the planet. The rapid development of technology, in particular, mobile gadgets, has provided access to communication anywhere, anytime. At the same time, there are growing concerns about the behavior of people on the Internet, in particular, towards each other and social groups in general. This raises the issue of human rights in today's information society. In this study, we focused on human rights such as the right to privacy, confidentiality, freedom of expression, the right to be forgotten, etc. We point to some differences in this regard, in particular between the EU, etc. In addition, we describe the latest legal regulation in this aspect in European countries. Such methods as systemic, factual, formal and legal, to show the factors of formation and development of human rights in the context of digitalization were used. The authors indicate which of them deserve the most attention due to their prevalence and relevance. Thus, we concluded that the technological development of social communications has laid the groundwork for a legal settlement of privacy and opinion issues on the Internet. Simultaneously, jurisdictions address issues on every aspect of human rights on the Internet, based on previous norms, case law, and principles of law. It is concluded that human rights legislation on the Internet will continue to be actively developed to ensure a balance of private and public interests, safe online access and unimpeded access to it.

A Study on Improvements on Legal Structure on Security of National Research and Development Projects (과학기술 및 학술 연구보고서 서비스 제공을 위한 국가연구개발사업 관련 법령 입법론 -저작권법상 공공저작물의 자유이용 제도와 연계를 중심으로-)

  • Kang, Sun Joon;Won, Yoo Hyung;Choi, San;Kim, Jun Huck;Kim, Seul Ki
    • Proceedings of the Korea Technology Innovation Society Conference
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    • 2015.05a
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    • pp.545-570
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    • 2015
  • Korea is among the ten countries with the largest R&D budget and the highest R&D investment-to-GDP ratio, yet the subject of security and protection of R&D results remains relatively unexplored in the country. Countries have implemented in their legal systems measures to properly protect cutting-edge industrial technologies that would adversely affect national security and economy if leaked to other countries. While Korea has a generally stable legal framework as provided in the Regulation on the National R&D Program Management (the "Regulation") and the Act on Industrial Technology Protection, many difficulties follow in practice when determining details on security management and obligations and setting standards in carrying out national R&D projects. This paper proposes to modify and improve security level classification standards in the Regulation. The Regulation provides a dual security level decision-making system for R&D projects: the security level can be determined either by researcher or by the central agency in charge of the project. Unification of such a dual system can avoid unnecessary confusions. To prevent a leakage, it is crucial that research projects be carried out in compliance with their assigned security levels and standards and results be effectively managed. The paper examines from a practitioner's perspective relevant legal provisions on leakage of confidential R&D projects, infringement, injunction, punishment, attempt and conspiracy, dual liability, duty of report to the National Intelligence Service (the "NIS") of security management process and other security issues arising from national R&D projects, and manual drafting in case of a breach. The paper recommends to train security and technological experts such as industrial security experts to properly amend laws on security level classification standards and relevant technological contents. A quarterly policy development committee must also be set up by the NIS in cooperation with relevant organizations. The committee shall provide a project management manual that provides step-by-step guidance for organizations that carry out national R&D projects as a preventive measure against possible leakage. In the short term, the NIS National Industrial Security Center's duties should be expanded to incorporate national R&D projects' security. In the long term, a security task force must be set up to protect, support and manage the projects whose responsibilities should include research, policy development, PR and training of security-related issues. Through these means, a social consensus must be reached on the need for protecting national R&D projects. The most efficient way to implement these measures is to facilitate security training programs and meetings that provide opportunities for communication among industrial security experts and researchers. Furthermore, the Regulation's security provisions must be examined and improved.

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A Study on the Organization of ITS Relations Act for Smart ITS Construction (스마트한 지능형 교통체계 구축을 위한 ITS 관련법령 정비에 관한 연구)

  • Jung, Sang-Ho;Kim, Sun-Hyung
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.16 no.6
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    • pp.1133-1140
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    • 2012
  • In Korea, it is constructing the Intelligent Transportation System(ITS) in according with the ITS project implementation guideline and each ITS standard on the basis of "National Integrated Transportation System Efficiency Act". However, only a few ITS project implementation guideline and ITS standard for the exchange of information technologies are not able to construct a smart ITS, without technical regulation for the technical characteristics of the main ITS equipment. Therefore, in this paper, we identify the current status and problems of the legal system and look for the necessity of technical regulation enactment for the smart ITS construction.

A Study on the Enhancement of International Regulation on Maritime Crimes at Sea (해상안전범죄에 대한 국제법상 규제강화방안에 관한 연구)

  • Min, Kkot-Byol;Lee, Yong-Hee
    • Proceedings of KOSOMES biannual meeting
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    • 2006.05a
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    • pp.141-152
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    • 2006
  • Along with unification world market, marine transportation has become important for international community. At the same tome, piracy, armed robbery and maritime terrorism which threaten marine transport have been issued in international society. International organization like a IMO has continued to regulate maritime crimes by international law and regulation. Bearing in mind the in importance of the issue, this article analyze maritime crimes covering piracy, armed robbery and maritime terrorism about definition and legal character and pointed out problems. Finally it suggest methods to enhance international regulation on them.

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A Study on the Architectural Facilities Utilization of Regional Specialized Schools for Alternative Education (대안교육 지역특성화학교의 시설 및 이용현황 조사연구)

  • Jung, Jinju
    • Journal of the Korean Institute of Rural Architecture
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    • v.9 no.3
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    • pp.73-82
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    • 2007
  • Ministry of Education and Human Resources presented on December, 2006, 'Alternative school establishment and operation regulation' of contents that can be recognized attainments in scholarship because is authorized if alternative schools fulfill fixed condition. Even though, one time, it was true that several opinions which try to limit to adaptation school of person disqualified for school, thus, various discussion and efforts that specialized school for alternative education does to grow are appearing. However, the expectation which a lot of non authorized schools will apply is not so high because specialized school for alternative education will be controlled in free curriculum and school operation that have been administered and can not be guaranteed school's sell-regulation if acquire legal authorization. Under such social and educational background I surveyed present condition, law, system, literature investigation of existing study, Japanese system and example and authorized two sample specification schools etc. through 'A Basic Study on the Optimum Facilities Criteria Modeling of Regional Specialized Schools for Alternative Education(2006. 10)'. This study was preceded the succession and I visited 17 schools that permit investigation opening of schools among 29 that is authorized until present. So I try to find out architectural planning criteria to activate specialized school for alternative education more through analyzing school's general present condition, establishment idea, operation and specialized education plan, facilities present condition and characteristic.

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The Plan of Improvement for the Law and Regulation on the Activation of Perpendicular Greening With Containers -With Apartment Simple planter- (화단형 입면녹화의 활성화를 위한 법적·제도적 개선방안 - 공동주택 간이화단을 중심으로 -)

  • Kim, Sun-Hae
    • KIEAE Journal
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    • v.4 no.2
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    • pp.41-47
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    • 2004
  • This study is to improve plan for the law and regulation systems on the perpendicular greening with containers to improve urban environment. The supports backed by laws and regulations are imperative for the activation of building greening. Although some local administrations in Korea try to lead perpendicular greening on building by means of Green Building certification system and so on, greening policies and managements are not pushed forward with consistency. Therefore building greening should be admitted to be a substitute green tract of land. The positive construction and management of greenzone should be accomplished as well. Devices, so to speak, which put greening under an obligation or authorize it as legal landscape area should be made rather than recommendations to make greenzone through current incentive systems. Positive perpendicular greening on building can be achieved by supplementing the law and regulation and incentive system about simplified planter. If planting and managing of simplified planter are continually entrusted to residents, even vertical landscapes will be affected by illegal diversion and negligence in result. Therefore, supports from governments and local administrations are needed.

A Study of Legal system of Chinese Farmer Professional Cooperative(CFPC) (중국 협동조합(농민전업합작사)의 법과 제도에 관한 연구)

  • Du, ChengLin;Kwon, JuHyoung;Chang, SugIn;Joeng, Gangwon
    • Industry Promotion Research
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    • v.5 no.2
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    • pp.93-103
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    • 2020
  • The purpose of this study is to provide a basis for the sustainability of cooperatives, To provide theoretical support for healthy development and academic research. The purpose of this study is to improve people's understanding of cooperatives (farmer professional cooperatives) in China. First of all, we analyze the background and concept of the introduction of cooperatives and the use of the latest advance research in China and South Korea; Secondly, we propose the status of Chinese cooperatives and the growth process of the legal system; Thirdly, we focus on the law and system of Chinese farmer professional cooperatives. Therefore, this study proposes the following four enlightenments : First, China should continue to improve and improve its legal systems, such as the tax assistance legal system, financial preferential legal system, and technical assistance legal system. Secondly, it is necessary to strengthen government supervision of cooperatives, improve the internal system of farmer cooperatives, improve the financing policies of farmer cooperatives, grasp the relationship between development and regulation, and form a development model centered on farmers. Third, the development of farmer cooperatives must be integrated with the local culture. Fourth, we must strengthen the training of cooperative members and strive to improve the level of management and self-innovation.

A Study on the Punishment of Unlicensed Medical Practice -Focusing on Collaboration between Medical and Non-medical Personnel- (무면허 의료행위 처벌에 관한 고찰 -의료인과 비의료인의 협업관계를 중심으로-)

  • Yoon, Suh-Young
    • The Korean Society of Law and Medicine
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    • v.23 no.3
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    • pp.117-137
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    • 2022
  • Today, the medical system is changing into a comprehensive health care system in which collaborative relationships between medical professionals and non-medical personnels in neighboring occupational areas. The current medical act brands such "collaboration" as unlicensed medical practice, and punishes non-medical personnel who acted in the risk management of doctors as well as doctors collaborated with non-medical personnel as unlicensed medical practice. In order to narrow the gap between the legal system that regulates unlicensed medical practices and the medical reality, it is necessary to overcome the structural limitations of dualistic, nationalistic, and identity-oriented regulation of unlicensed medical practices. The legal interests of unlicensed medical practice have a dual nature as a personal legal interest of "human life and body" as well as a national legal interest of "maintenance and protection of the nation's medical license system", and it should be noted that the criteria for judging the legal interests protected by the regulations of criminal punishment should be found in "personal legal interest theory." In addition, when determining which behavior is a medical practice and evaluating its risk, the dimension of behavior and measures should be considered in a fair manner without being biased against the subject (identity) of the action. In other words, judging unlicensed medical practice should depend on whether the risk of side effects that may result from the act is reasonably managed. Considering the prospect of therapeutic dialogue between medical professionals and patients, it would be desirable for medical law policies to move in a way that does not fundamentally block the possibility of collaboration among pluralistic medical personalities.

Study on improvement of legislation for elderly welfare

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.25 no.3
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    • pp.219-227
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    • 2020
  • It is expected that Korea will be entering with super aged society with its rapid changing to aging society compare to other developed countries. Such phenomenon is recognized from a long time ago and government has enacted Elderly Long Term Convalescence Insurance Regulation back in 1999. However, different from its actual purpose, there are many problems and improvements to be made, leading to legislative revision for several times. Still, it is left with many issues. This is one example showing there has been a continuous problem with elderly long term convalescence insurance system. Even this system in Germany which have started 4 years before us is to continuously revising regulation by raising issues to make strong structure for elderly welfare and long term convalescence, aiming to enhance life of elderly people by providing detailed standard for convalescence. Elderly related legal systematization may not enhance their welfare service or daily life right away. However, if details in regulation and its theory is systematically arranged, this will greatly reduce administrative confusion as well as increasing understanding and use of this system for the nation.

A Study of the Effects and Regulations of Comparative Advertising: Focusing on the Definition and Application of Unfairly Comparative Advertising (비교 광고의 효과와 규제에 대한 연구: '부당한 비교'의 정의와 적용을 중심으로)

  • Cho, Jae-Yung
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.18 no.3
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    • pp.270-276
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    • 2017
  • Previous studies of the effects of comparative advertising did not consider that comparative advertising should satisfy its legal conditions otherwise it would be unfairly comparative advertising. In this context, this study reviewed the current legal definition of 'unfairly comparative advertising' to clarify it by the definition of unfairly comparative advertising of the Guideline of Judgement of Comparative Labeling or Advertising based on the Act on Fair Labeling and Advertising. In addition, this study confirmed that comparative advertising was banned by the Monopoly Regulation and Fair Trade Act, which was the previous act on unfair labeling or advertising, and identified differences between the two Acts in regulating unfairly comparative advertising. This study analyzed 354 adjudication cases of unfairly comparative advertising based on the regulation of Monopoly Regulation and Fair Trade Act. As a result, the definitions of the two Acts of unfairly comparative advertising were found to correspond to each other. These results suggest empirically that comparative advertising was not banned legally in the past and the definition and judgement standards of unfairly comparative advertising have not been changed.