• Title/Summary/Keyword: legal technology

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A Study on Software Development and Legal Regulation (소프트웨어 개발과 법적규제)

  • Kim, Hyung-Man
    • Journal of Digital Convergence
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    • v.9 no.5
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    • pp.11-20
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    • 2011
  • Internet users and copyright holder have been at the center of a severe legal dispute because file-sharing soft (P2P) through Napster aggravates the violation of copyright as well as takes on the world. Though it is natural that we should hold users a criminal penalty for the illegal use of various computer programs, I think that if the supply of a computer program is generally within a circle of development act, program developer ought not to hold users criminally liable for the unintended illegal act of users. Two main issues are addressed in this work: (i) the basis and validity of legal responsibility and condemnation that appear in the precedent set as to P2P in America, Japan, and Korea. (ii) the necessity of both scientific technology development and efficient legal regulation of copyright holder. For this purpose, software development and legal regulation are reviewed analyzed from viewpoint of the criminal law.

A Study on Problems and Improvement Measures of Occupational Safety and Health Law Policies in Korea: Focused on Administrative Rules and Guidelines (산업안전보건법정책의 문제점과 개선방안 - 행정규칙과 행정지침을 중심으로 -)

  • Jung, Jinwoo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.28 no.1
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    • pp.18-34
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    • 2018
  • Objectives: This study aims to identify and solve problems in the consistency, procedural justification, effectiveness, and other matters concerning approaches to occupational safety and health legislation, administrative rules, and administrative guidelines. Methods: In this study of policy on the industrial safety and health law of Korea, problems were raised based on important information on the approach to occupational safety and health legislation and administrative guidelines such as notices, ordinances, and instructions, as well as on their interpretation and operation standards. Secondly, based on the identified problems in the occupational safety and health law policy, core practical methods to present improvement directions for occupational safety health policy in Korea were sought. Results: It is absolutely necessary to actively promote the infrastructure for occupational safety and health by developing and disseminating notices, guidelines, and manuals that act as contact points between laws and the field in various ways at the administrative institution level. In addition to sanctions, efforts to systematically guide and promote complex professional matters must be supported. Efforts should be made to strengthen administrative expertise so that administrative authorities can secure professional authority and fully enforce legal policies according to the purpose of legislation. In order to ensure the effectiveness of occupational safety and health law policies, it is necessary to shift the focus of the legal policy toward confirming and guiding substantial compliance with legal standards. Conclusions: As a result of the above efforts, when reliable occupational safety and health law policy is implemented, the understanding and acceptance of the legal policy for the administrative object will be increased, and the safety and health management of the enterprise will be maximized to its full extent.

A Comparative Analysis of the Legal Systems of Four Major Countries on Privacy Policy Disclosure (개인정보 처리방침(Privacy Policy) 공개에 관한 주요 4개국 법제 비교분석)

  • Tae Chul Jung;Hun Yeong Kwon
    • Journal of Information Technology Services
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    • v.22 no.6
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    • pp.1-15
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    • 2023
  • This study compares and analyzes the legal systems of Korea, the European Union, China, and the United States based on the disclosure principles and processing policies for personal data processing and provides references for seeking improvements in our legal system. Furthermore, this research aims to suggest institutional implications to overcome data transfer limitations in the upcoming digital economy. Findings on a comparative analysis of the relevant legal systems for disclosing privacy policies in four countries showed that Korea's privacy policy is under the eight principles of privacy proposed by the OECD. However, there are limitations in the current situation where personal information is increasingly transferred overseas due to direct international trade e-commerce. On the other hand, the European Union enacted the General Data Protection Regulation (GDPR) in 2016 and emphasized the transfer of personal information under the Privacy Policy. China also showed differences in the inclusion of required items in its privacy policy based on its values and principles regarding transferring personal information and handling sensitive information. The U.S. CPRA amended §1798.135 of the CCPA to add a section on the processing of sensitive information, requiring companies to disclose how they limit the use of sensitive information and limit the use of such data, thereby strengthening the protection of data providers' rights to sensitive information. Thus, we should review our privacy policies to specify detailed standards for the privacy policy items required by data providers in the era of digital economy and digital commerce. In addition, privacy-related organizations and stakeholders should analyze the legal systems and items related to the principles of personal data disclosure and privacy policies in major countries so that personal data providers can be more conveniently and accurately informed about processing their personal information.

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.

Suggestions on the Development of Standard Engineering Communication Phrases

  • Doo, Hyun-Wook;Choi, Seung-Hee
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2017.11a
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    • pp.34-35
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    • 2017
  • Under the STCW Convention, marine engineers are required to have a satisfactory level of maritime English proficiency so that they can successfully perform their duties on board or maintain and operate the various equipment and facilities installed in the ship. More specifically, the importance of the engineers' written communication skills has been highlighted since their documents (for instance, post-work records, legal, and/or internal reports) have a significant legal impact in the event of a marine casualty or maritime crime. To suggest the necessity of developing standard engineering logbook phrases (SELP), therefore, this paper will closely analyse three-month authentic marine engineers' work records written by Korean officers. From the analysis, the problems and errors in the logbook will be analysed, and considerations to be taken into account in the development of SELP will be illustrated. Finally, the future actions for this standardised written communication for the logbook entry will be sought.

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The Main Character and Evaluation of China's New Electronic Signature Legislation (중국 전자서명법의 주요내용 및 평가와 전망)

  • Han, Sang-Hyun
    • The Journal of Information Technology
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    • v.9 no.3
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    • pp.1-14
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    • 2006
  • China has recently (28 August 2004) adopted a new act legalizing the electronic signature. This new act provides electronic signatures with the same legal status as handwritten signatures, and states that on-line certification providers will have to be created in order to ensure the security of on-line operations made using said signatures. This new act is intended to increase Chinese electronic business, and thus to raise the revenue China can expect from said business. And the law grants electronic signatures the same legal effect as handwritten signatures and seals in business transactions, and sets up the market access system for online certification providers to ensure the security of e-commerce. As Internet trade requires a reliable third party to identify the signers, the credibility of online certifying organizations is significant for the transaction security. So, considering the weakness of China's social credibility system, the law regulates that the online signatures certification providers should be approved and administered by governments.

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A Study on the Legal Issues of Insurance Transaction by Internet (인터넷을 통한 보험거래의 효력과 제문제점)

  • Kwon, O
    • The Journal of Information Technology
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    • v.5 no.3
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    • pp.1-17
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    • 2002
  • This paper analyzes the legal issues concerning formation of insurance contracts by Internet. Electronic commerce has been growing very rapidly and internet insurance has begun to appear. This paper focuses on the features of internet insurance and current status of internet insurance in Korea. For now, internet insurance constitutes a relatively small portion of the whole insurance market. However it makes a great contribution to the insurance industry as a whole by providing customer with board information, and by learning to the creation of a new market.

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Review for Innovation and Patent System in the Pharmaceutical Sector

  • Minn, Mari
    • STI Policy Review
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    • v.8 no.1
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    • pp.87-112
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    • 2017
  • This study analyzes patenting practices in the pharmaceutical industry and the impacts of sequential innovation. The main argument of the research is that strategic patenting is common in the pharmaceutical sector and it is legal within the context of patent law. However, when these practices have negative effects on the competition process post-grant, the practices that are legal under patent law may come into conflict with antitrust laws, which are not applied. The study brings into question whether sequential patenting practices characteristic of the pharmaceutical industry encourage or discourage innovation, and moreover, the overall functionality of the patent system. Ultimately, the functionality of the patent system creates market incentives that neglect consumer, i.e., patient, welfare; potential solutions to deal with the shortcomings are discussed.

University Students' Thoughts on Artifical Abortion

  • Kim, Jungae
    • International Journal of Advanced Culture Technology
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    • v.10 no.2
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    • pp.122-129
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    • 2022
  • This study is a phenomenological qualitative study that confirms the structure of college students' thoughts on artificial abortion. The data collection period was from 5 March to 10 April 2022. To this end, a total of three interviews were conducted on seven college students aged 20 to 25. Interview data were conducted through analysis and interpretation using the phenomenological research method, the Giorgi method, and as a result, 40 semantic units were derived, grouped into six sub-components, and divided into three categories. As a result of the analysis, college students' thoughts on artificial abortion consisted of fetal rights, respect for women's rights, and choices for a healthy life. Based on the above meaning, college students' thoughts on artificial abortion were, in conclusion, that considering the happiness of the baby and the quality of life of the woman, consideration for non-marriage mothers was more urgent than legal sanctions, and that abortion was not irresponsible. Accordingly, this study suggests that understanding and consideration for pregnant women should be prioritized over legal sanctions.