• Title/Summary/Keyword: legal violation

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Factors That Influence Digital Contents Piracy (디지털 콘텐츠 저작권 침해의도에 관한 영향요인 연구)

  • Kim, Kyunghee;Kim, Tae Ung
    • The Journal of Korean Association of Computer Education
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    • v.16 no.1
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    • pp.63-71
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    • 2013
  • This investigates the major factors that impact digital contents piracy in a college environment, mainly because the violation of the copyright is known to occur most often in college environments. Using a theoretical model based on Theory of Reasoned Action, this study examines the causal relationships among the variables of the digital contents piracy behavior. Major research variables include intention to commit piracy, attitude, social influence, fear of legal consequences, enjoyment, perceived easiness, knowledge level, and facilitating conditions. Survey responses from 335 undergraduate and graduate students indicate that the attitude and social influence affect the intention to commit piracy, and that social influence, enjoyment and perceived easiness influence the attitude. But, contrary to our expectation, knowledge level has been found to have no impact on the attitude. Perceived easiness, fear of legal consequences and facilitating conditions have all been shown to affect social influence. As a conclusion, the academic and practical implications of these findings are discussed.

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A Study on the Legal Character of Contractual Liability in Freight Agency under Chinese Contract Law (중국계약법상 화물운송대리에서의 계약책임과 귀책원칙)

  • KIM, Young-Ju
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.66
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    • pp.119-148
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    • 2015
  • Generally, the liability for breach is defined as the civil liability that arises from the conduct of violation of a contract. There are two notable principles governing liability for breach that have fundamental impacts on the unified Contract Law of the People's Republic of China (hereinafter Chinese Contract Law) in the remedies. In China, during the drafting of the Contract Law, there was a great debate as to whether damages for breach of contract ought to follow the fault principle or to follow the strict liability principle. Ultimately the Chinese Contract Law follows the model of the CISG on this point, namely, it follows the strict liability principle (article 107) with an exemption cause of force majeure. Under Chinese Contract Law, it is interpreted as strict liability in principle. Strict Liability is a notion introduced into Chinese Contract Law from the Anglo-Saxon Law. The strict liability or no fault doctrine, on the contrary, allows a party to claim damages if the other party fails to fulfill his contractual obligations regardless of the fault of the failing party. Pursuant to the strict liability doctrine, if the performance of a contract is due, any non-performance will constitute a breach and the fault on the party in breach is irrelevant. This paper reviews problems of legal character or legal ground of contractual liability in Chinese contract law. Specifically, focusing on the interpretation of Chinese contract law sections and analysis of three cases related contractual liability in freight agency, the paper proposes some implications of structural features of Chinese contract law and international commercial transactions.

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A Study on A Model of Convergence Security Compliance Management for Business Security (기업 보안을 위한 융합보안 컴플라이언스 관리 모델에 관한 연구)

  • Kim, Minsu
    • Convergence Security Journal
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    • v.16 no.5
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    • pp.81-86
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    • 2016
  • Recently, increasing security threats are not only interfering with business continuity of companies but they are al so causing serious problems on social and national levels. As violation of intellectual property rights increases due to growing competition between different companies and countries, companies are now required to follow various IT compliance regulations, under relevant legal obligations. This study proposed a model of convergence security compliance management by using machine learning, in order to help companies actively utilize IT compliance.

The Protection of Personal Information and the Principle of Proportion in Information Societies

  • Gu, Hyung-Keun
    • Journal of the Korea Society of Computer and Information
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    • v.20 no.7
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    • pp.109-114
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    • 2015
  • With the realization that the police's personal information gathering activities can violate the authority to decide one's information guaranteed by the Constitution, many people are interested in the legal terms of the police's information gathering and handling. The police's personal information gathering activities imply both the purpose of public welfare and order and the risk of violation of basic rights of citizens, their effective balance is critical. In this respect, this study reviews the principle of proportion as a principle of control of personal information gathering and handling (police intelligence activities) by state to discuss its implications on legislation.

On China's Intellectual Property Rights Protection Online

  • Wang, Guo-An;Lim, Yong-Taek
    • International Commerce and Information Review
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    • v.6 no.1
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    • pp.237-247
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    • 2004
  • Online people conduct all kinds of business activities, such as promoting the sales of products and services, reading newspapers, watching TV and movies, and sending business messages by e-mail, by e-voice and by e-fax. Computers with access to the Internet are defined by the United Nations as the fourth media characterized by instantaneousness, openness, limitlessness, boundlessness and globalization. With the development and popularization of the Internet and the advance of the information technology in China, Intellectual Property Rights (IPRs) violations online have frequently occurred in e-business activities. IPRs protection online has posed a great challenge not only for business managers and officials, but also for judges and lawyers because the rapid development of the Internet has created a legal vacuum governed by no laws in IPRs violation and protection online in China.. The paper at first classifies IPRs into several categories, then reveals China's serious problems and challenges of IPRs violations online and stresses the necessity of China's IPRs protection online. Finally it puts forward some suggestions concerning IPRs protection online.

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Necessity of Strengthening Small-Scale Wastewater Discharge Facilities Management (소규모 폐수배출시설 관리 강화의 필요성)

  • Park, Jae Hong;Rhew, Doug Hee
    • Journal of Korean Society on Water Environment
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    • v.34 no.2
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    • pp.226-233
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    • 2018
  • Small-scale wastewater discharge facilities account for 98% of all workplaces, but in the generation and emission of major pollutants, they account for 27.5 % and 23.5 %, respectively. Since the proportion of the emission load of the small-scale workplace is not large, the national environmental policy has been established mainly around large-scale wastewater discharge facilities. However, in the case of specific hazardous substances in water, the amount of the discharge load of the small-scale wastewater discharge facility was 2.4 times higher than that of the generation load. Certain types of specific hazardous substances in water, which have a higher discharge load than large-scale wastewater discharge facilities, account for 24 ~ 32 %. There are also cases in which the discharge load from a small-scale discharge facility is more than four times higher, depending on the specific kind of water pollutant. As a result of inspections, the violation rate of the small-scale wastewater discharge facility among the total violations by facilities is 93.9 ~ 97.5 %. As a result, the ecotoxicity value of small-scale wastewater discharge facilities was high in most industries, and there was a fluctuation in the measured value. This indicates that the ecological integrity of the water system can be largely influenced by small-scale wastewater discharge facilities. Therefore, it is necessary to expand the environmental management of small-scale wastewater discharge facilities, and in some cases, the effect of the improvement in quality may be more significant than in the management of large-scale wastewater discharge facilities.

The Legal Interest of Doctor's Duty to Inform and the Compensation to Damages for Non-pecuniary Loss (의료행위에서 설명의무의 보호법익과 설명의무 위반에 따른 위자료 배상)

  • Yi, Jaekyeong
    • The Korean Society of Law and Medicine
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    • v.21 no.2
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    • pp.37-73
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    • 2020
  • Medical practice with medical adaptability is not illegal. Consent to medical practice is also not intended to exclude causes of Illegality. The patient's consent to medical practice is the exercise of the right to self-determination, and the patient's right to self-determination is take shape through the doctor's information. If a doctor violates his duty to inform, failure to inform or lack of inform constitutes an act of illegality of omission in itself. As a result, the legal interest of self-determination is violated. The patient has the right to know and make decisions on his or her own, even when it is not connected to the benefit of life and body as the subject of the body. If that infringed and lost, the non-property damage shall be recognized and the immaterial damage must be compensated. On the other hand, the violation of the duty of information does not belong to deny the compensation for physical damage. Which the legal interest violated by violation of the obligation to inform is the self-determination, and loss of opportunity of choice is recognized as ordinary damage. However, if the opportunity of choice was lost because of the infringement of the right to self-determination and the patient could not choice the better way, that dose not occur plainly bad results, under the prove of these causal relationship, that bad results could be compensated. But the unexpectable damage could not be compensated, because the physical damage is considered as the special damage due to the violation of the right of the self-determination.

Some New Problems of International Aviation Security- Considerations Forcused on its Legal Aspects (최근국제항공보안대책(最近國際航空保安対策)의 제간제(諸間題) -특히 법적측면(法的測面)을 중심(中心)으로-)

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.5
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    • pp.53-75
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    • 1993
  • This article is concerned with the comment on "Some New Problems of International Aviation Security-Considerations Forcused on its Legal Aspects". Ever since 1970, in addition to the problem of failure to accept the Tokyo, Hague and Montreal Conventions, there has been also the problem of parties to them, failing to comply with their obligations under the respective treaties, in the form especially of nominal penalties or the lack of any effort to prosecute after blank refusals to extradite. There have also been cases of prolonged detention of aircraft, passengers and hostages. In this regard, all three conventions contain identical clauses which submit disputes between two or more contracting States concerning the interpretation or application of the respective conventions to arbitration or failing agreement on the organization of the arbitration, to the International Court of Justice. To the extent to which contracting States have not contracted out of this undertaking, as I fear they are expressly allowed to do, this promision can be used by contracting States to ensure compliance. But to date, this avenue does not appear to have been used. From this point of view, it may be worth mentioning that there appears to be an alarming trend towards the view that the defeat of terrorism is such an overriding imperative that all means of doing so become, in international law, automatically lawful. In addition, in as far as aviation security is concerned, as in fact it has long been suggested, what is required is the "application of the strictest security measures by all concerned."In this regard, mention should be made of Annex 17 to the Chicago Convention on Security-Safeguarding International Civil Aviation against Acts of Unlawful Intereference. ICAO has, moreover, compiled, for restricted distribution, a Security Manual for Safeguarding Civil Aviation Against Acts of Unlawful Interference, which is highly useful. In this regard, it may well be argued that, unless States members of ICAO notify the ICAO Council of their inability to comply with opecific standards in Annex 17 or any of the related Annexes in accordance with Article 38 of the 1944 Chicago Convention on International Civil Aviation, their failure to do so can involve State responsibility and, if damage were to insure, their liability. The same applies to breaches of any other treaty obligation. I hope to demonstrate that although modes of international violence may change, their underlying characteristics remain broadly similar, necessitating not simply the adoption of an adequate body of domestic legislation, firm in its content and fairly administered, but also an international network of communication, of cooperation and of coordination of policies. Afurther legal instrument is now being developed by the Legal Committee of ICAO with respect to unlawful acts at International airports. These instruments, however, are not very effective, because of the absence of universal acceptance and the deficiency I have already pointed out. Therefore, States, airports and international airlines have to concentrate on prevention. If the development of policies is important at the international level, it is equally important in the domestic setting. For example, the recent experiences of France have prompted many changes in the State's legislation and in its policies towards terrorism, with higher penalties for terrorist offences and incentives which encourage accused terrorists to pass informations to the authorities. And our government has to tighten furthermore security measures. Particularly, in the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescence to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. The general opinion is that the legal oystem could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the sovereign rights of states, and the human rights of the individuals. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co - ordinated measures.

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The Legal Protection Scope and Limitation of Information (정보의 법적 보호범위와 한계)

  • Kim, Hyung-Man;Yang, Myung-Sub
    • Journal of Digital Convergence
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    • v.10 no.11
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    • pp.691-699
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    • 2012
  • "Information", which is circulated in society by information technology development represented by computer, has brought innovation not only to physical civilization, but also deep into our daily lives. This is to say that information has brought fundamental change to its form of existence, and value system through being faster regarding the circulation and the way of management being diverse. As time goes by, this kind of change would stimulate more changes to be made as the development of scientific civilization. Therefore, informatization is one of the important characteristic that defines modern society's essence, but on the other side, information has been taken advantage of that temperament and abused in a lot of different ways. "The Law Regarding Computer Network Diffusion Expansion and Usage Promotion"(1986), as a counterplan of informatization is our nation's first Act about informatization, which enacts national policy and system about this issue. Since then, many laws has been enacted down to "Private Information Protection Act"(2011), forming a comprehensive system. The basic background of these laws are based upon the premise that even if the place where the information is managed is virtual space, rules that are considered valid in the real world should be basically applied in the virtual space. Therefore, the violation of the law in the real world is also considered the violation in the virtual space. This direction of current law regarding information is shared with both the theories and the reality. However, current law system and notion are based upon the premise that the law regards material objects, thus the characteristic of the information, which is "Immaterial Being" is not reflected. Also, the management and approach to this issue is allopathic, exposing many problems. Thus, this paper examines the way of protecting information stipulated in the current law, contemplates its protection scope and limitation, and seeks the direction of the improvement, based on the critical mind explained above.

A Legal Study on Boundary Relocation Surveying (경계복원측량에 관한 법적 고찰)

  • Shin, Gook Mi
    • Journal of Cadastre & Land InformatiX
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    • v.47 no.2
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    • pp.61-78
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    • 2017
  • When a boundary dispute occurs between landowners of adjoining lands, a court deals with a boundary violation on the basis of cadastral register. Boundary relocation surveying is one which reconstructs a boundary in cadastral register on actual land. Boundary relocation surveying includes most of surveyings related with the civil case such as restoration of land and demolition of building and a surveying result affects a ruling critically. However, boundary relocation surveying depends on surveying technician's knowledge and experiences and can lead to different surveying results. This study reviews legal principles of boundary relocation surveying by analyzing law practice of boundary relocation surveying which is used for solving a boundary dispute between landowners of adjoining lands and by examining related laws and Supreme Court precedents. The study seeks to contribute to consistent and reliable results of surveying by leading surveying technician to carry out a boundary relocation surveying on the basis of judicial doctrines.