• Korean journal of communication and information
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• v.21
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• pp.35-62
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• 2003

This study is conducted to achieve following two purposes. First, this study investigates domestic conditions and problems of data broadcasting industry. Second, this study suggests the improving way of the legal and administrative systems in order to promote domestic data broadcasting industry. Survey was conducted with 16 companies and a few business men for gaining data of general condition and analyzing problems about domestic data broadcasting industry. The results are as follow: first, domestic industry was suffering from the lack of man power, finance, and the delay of data broadcasting service schedule. Second, respondents argued there was no the legal basis and the systematic regulation under the current digital broadcasting policy of government. To resolve those problems, this paper proposed the making laws preparing for the fusion service of communication and broadcasting, systematic assistance of government, the way of technology development and technical standardization, and the way of constructing infrastructure and cultivating man power.

• The Korean Society of Law and Medicine
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• v.10 no.1
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• pp.323-361
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• 2009

In Korea, Abortion in the Criminal Law is an illegal act in exception of on which abortion may be carried out through the grounds are very limited and related such a emergency situation of women's physical health, rape, incest and genetic diseases. The Criminal Law regulates the mother's act of abortion and the doctor's surgical performance of abortion. The Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. Many people tend to abuse of abortion even though they are fully aware of its illegality. The law lead to be inconsistent with its enforcement. In this paper, I would like to suggest some proposals about the legal analysis of the Abortion Regulations th reform the existing regulation and increase th effectiveness of the regulations. Recently, in a case of the a maternity hospital where a midwife left alone a diabetes pregnancy women who had a baby, and the overweight baby(5.2Kg) died in the uterus due to hypoxic states. Supreme Court of Korea 2007.6.29. 2005do3832) had given a verdict of "not guilty". It looked like there were very fair with current crime law. But, we want this case to be investigated if there weren't any logical contradictions as well as concurrent translation within Constitution Law. Now the Mother and the Child Health Law prescribes the medical, ethical, and genetic grounds for the legal permission of abortion. But this law does not include social and economic grounds.

• The Journal of Information Systems
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• v.30 no.4
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• pp.119-152
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• 2021

The concept of Self-Sovereign Identity (SSI) has emerged to overcome the limitations of traditional centralized personal identity management systems in our society. Therefore, in this study, 36 seminal researches out of 112 collected studies were investigated with a systematic literature review method to deliver a core common definition as well as the research trends on SSI in the socioeconomic, legal and technological fields. SSI studies in the legal field have mainly considered the conflicts with relevant laws such as General Data Protection Regulation (GDPR) and privacy protection laws. The study of SSI in the technology field have looked at the trends of the technical components to implement SSI and discussed the necessities of establishing standards to increase interoperability for SSI diffusion worldwide. This study ultimately derived the core definition of SSI from a various academic fields as "a trust-based personal identity management system that enables autonomous self-identification by a identity owner without a centralized system or 3rd party intervention". The results of this study contribute to the understanding of the essential SSI concept which were varied on different research fields and industries. The results also provide a foundation for discovering various SSI-based business models, applications as well as future research opportunities. Furthermore, this study suggested that SSI must be developed with interdisciplinary manner among the socioeconomic, legal, and technological fields to be practically applicable system to enable autonomous self-identification by a identity owner in our society.

• Journal of the Korea Society of Computer and Information
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• v.27 no.3
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• pp.165-171
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• 2022

In this paper, we suggest the Measures to improve the Act Bill for establishing the Game User Committee. The Act Bill has a lot of problems which are violations of criminal legalism due to unclear terms in administrative punishment and violations of The Human Right enjoying freedom of occupation and guaranting property due to not defining provisisons about The Duty of Confidentiality or The Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions. also the duplicate regulations in the Act Bill disrupt game industry development. we have three results that were derived through analysis of Prior studies and precedents. The First is to define details of special reasons in enforcement ordinance and enforcement regulations. The Second is to define The Duty of Confidentiality or The Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions in the act bill. The Third is to address managing the random reward items in the Game Rating and Administration Committee or is to give game user advance notice about the Comntent Dispute Mediation system.

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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• v.8 no.4
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• pp.151-160
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• 2018

The development of digital technology and the Internet has brought about a great change in the content industry. In order to keep pace with these changes, the copyright law has undergone several revisions, and the concept of "digital sound transmission" was introduced in the 2006 revision. However, in the current law, digital audio transmission is problematic in that the criteria for distinguishing between broadcasting and transmission is abstract and unclear. This ambiguity makes it difficult to judge the legal status of new music webcasting service such as "Free Litsen". Although these services are positioned as digital audion transmission, they have created a new concept of pseudo transmission because of its similarity to the audio transmission in its convenience and utility. These problems stem from the imbalance of between the development of technology and the legal system, so the change of the legal system is inevitable. Thus, this study discusses US copyright law and related cases, and then suggests solutions for pseudo transmission problems. This study suggests legislative criteria for pseudo transmission problems and legislative measures that can reduce the actual damage to the music market.

• The Korean Society of Law and Medicine
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• v.14 no.2
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• pp.119-142
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• 2013

It is not easy to regulate the amount of radiation used for the medical purpose as there usually is more good than harm to the patient's health and life caused by the medical exposure to the radiation. However, the rapid increase of the use of diagnostic radiation involves a high possibility of increasing the radiation hazard exposure. Therefore, it is imperative to implement effective regulations in order to secure the safety of diagnostic radiation. The one and only rule we currently have for the diagnostic radiation is "Medicine Act" with only one clause dedicated to regulate the safety management that does not include any rules for the medical radiation. A set of inclusive rules for the whole medical radiation inclusive of diagnostic radiation and therapeutic radiation need to be based on the "Medicine Act" rather than "Nuclear Safety Act" in order to protect the medical professionals, patients and the guardians of patients from the hazards of diagnostic and/or therapeutic radiation that was not used the purpose of medical treatment. If there is an administrative measure to be imposed to secure the safety of diagnostic radiation, it is considered as exertion of governmental authority of administrative agency. There must be clear and realistic legal guidelines for in-fringe on people's interests. The administrative measures for the safety management of the diagnostic radiation must be clearly and specifically based on the law and the detailed standards for the administrative measures must be dele-gated by the presidential decree or departmental ordinance. Accordingly, the restrictions imposed by the administrative measures to the "Safety Inspection Institute of Radiation along with Radiation Exposure Measuring Institutes" should have clear legal basis as well and the detailed standards for the administrative measures should be regulated by the Ministry of Health and Welfare decree instead of the notification by the Director of Korean Centers for Disease Control and Prevention. While securing the safety of radiation on one side, careful review and up-grade on our legal system for the safety management of the diagnostic radiation is required on the other side to guarantee the legality, interest balance and reliability of the administrative measures.

• Korean Security Journal
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• no.26
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• pp.59-87
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• 2011

Security Business Act of Korea is leaning toward the aspect of regulation, while it provides few provisions about vesting the authority, which causes problems such as legal loopholes to be raised in regard to the rules about authorizing the private security personnel to perform security affairs properly and defining the limit of power. So, it should be done to interpret the law in order to draw the legal basis of empowering as well as to set limits of the authority of security main agent, and Article 7, Section 1, of Security Business Act is the very provision that involves the legal basis. In the scope of 'Management Power', the statutory authority in the first clause of Article 7 of Security Business Act, the security personnel can use force for self-defense, defense of others and property, and prevention of crimes. In addition, the powers of interrogation, access control, and eviction notice are involved in its scope. The private security personnel as the occupation assistant can take precautions and if the infringement on the benefit and protection of the law is imminent or done, he or she can use force within the limits of the passive resistance and the means of defiance on the basis of 'Management Power'. The private security personnel, however, can exercise the force only if the necessary conditions of legal defense, emergency evacuation, and legitimate act of criminal law are fulfilled.

• Journal of Gifted/Talented Education
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• v.20 no.1
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• pp.231-256
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• 2010

The research attempts to explore legal issues related to teacher certification in gifted education. For this end, first, the institutional processes of the 'Law of the Promotion of Education for the Gifted and Talented' and its legal characteristics were reviewed. The 'Law of the Promotion of Education for the Gifted and Talented' appeared to be superior to the 'Law of Elementary and Secondary School Education' in order to ensure the right of the gifted to receive a proper education. In consequences, regulations related to teacher certification in gifted education should require to obtain professional knowledge and ability in addition to general education teacher certification. Second, the differences between 'Law of the Promotion of Education for the Gifted and Talented' and 'Law of Elementary and Secondary School Education' were analyzed. It was found that the 'Law of the Promotion of Education for the Gifted and Talented' is not sufficiently articulated in terms of required and elective courses and hours to certify teachers for the gifted as well as their employment at gifted educational institutions. In conclusions, further attentions to legal imperatives in gifted education are called for establishing and upgrading teacher certification in gifted education.

• Informatization Policy
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• v.26 no.1
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• pp.83-105
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• 2019

The purpose of this study is to analyze the domestic and overseas laws and regulators' decisions related to zero-rating (ZR) practices through a comparative approach and to support development of the ex-post regulation. Although most countries are adopting ex-post regulatory approaches toward the globally increasing ZR practices, there is no uniform standards or an approach to consider when deciding whether to allow mobile ISPs' zero-rating practices in the market. However, in recent years, some countries have been improving their policy transparency with respect to ZR through enacting and amending relevant laws as well as making trial decisions. The comparative analysis shows that each country investigates restriction of the user choice and ISPs' adherence to the obligation of non-discrimination in order to judge whether the user benefits are damaged by the ZR practices. It also investigates ISP-CP's market positioning and ISP's vertical integration for profit squeeze to find out whether they harm fair competition with ZR practices in the mobile ecosystem. Based on the results of the comparative analysis, we suggest the desirable ZR regulatory directions under the domestic legislative status.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.3-31
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• 2017

On 12 October 2017, the English Royal Courts of Justice delivered its decision about air carrier's compensation liability for the flight delay. In the cases the passengers suffered delays at a connecting point and, consequently, on arrival at their final destination. They claimed compensation under Regulation 261/2004 (the "Regulation"), as applied by the Court of Justice of the European Union (the "CJEU") in Sturgeon v. Condor [2009]. The principal issues were whether delays suffered by the passengers during the second leg of their respective journeys were compensable under the Regulation, whether there was jurisdiction under the Regulation and whether the right to compensation under the Regulation is, insofar as non-Community air carriers are concerned, excluded by virtue of the exclusive liability regime established under the Montreal Convention 1999. The passengers, the plaintiff, argued that the relevant delay was not that on flight 1 but that suffered at the "final destination". They maintained that there was no exercise by the EU of extraterritorial jurisdiction as the delay on flight 2 was merely relevant to the calculation of the amount of compensation due under the Regulation. The air carrier, the defendant, however argued that the only relevant flights for the purpose of calculating any delay were the first flights (flights 1) out of EU airspace, as only these flights fell within the scope of the Regulation; the connecting flights (flights 2) were not relevant since they were performed entirely outside of the EU by a non-Community carrier. Regarding the issue of what counts as a delay under the Regulation, the CJEU held previously on another precedents that the operating carrier's liability to pay compensation depends on the passenger's delay in arriving at the "final destination". It held that where the air carrier provides a passenger with more than one directly connecting flight to enable him to arrive at their destination, the flights should be taken together for the purpose of assessing whether there has been three hours' or more delay on arrival; and that in case of directly connecting flights, the final destination is the place at which the passenger is scheduled to arrive at the end of the last component flight. In addition, the Court confirmed that the Regulation applied to flights operated by non-Community carriers out of EU airspace even if flight 1 or flight 2 lands outside the EU, since the Regulation does not require that a flight must land in the EU. Accordingly, the passengers' appeal from the lower Court was allowed, while that of air carrier was dismissed. The Court has come down firmly on the side of the passengers in this legal debate. However, this result is not a great surprise considering the recent trends of EU member states' court decisions in the fields of air transport and consumer protection. The main goal of this article is to review the Court's decision and to search historical trend of air consumer protection especially in EU area.