• KIPS Transactions on Computer and Communication Systems
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• v.11 no.11
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• pp.395-402
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• 2022

In case of violation of the Personal Information Protection Act, administrative dispositions will be taken according to the legal standards, and the results will be announced. However, the current method has limitations in its effectiveness as repeated administrative dispositions are increasing despite the announcement by the disclosure system of the Personal Information Protection Act. In this paper, we deploy the introduction of the 'public announcement commandment' against violators by analyzing the administrative disposition results according to the violation of the Personal Information Protection Act. It is able to strengthen the existing disclosure system for self-disclose violations by providing easy recognition to the people about the fact of violation itself against the Personal Information Protection Act. Furthermore, we analyze major industries through the industry groups and violations of laws that were subject to publication, and data published on the results of administrative dispositions for violation of the Personal Information Protection Act. Finally, we propose the legal basis for the 'public announcement commandment' which allows the violator to publish by oneself for the announcement of the fact that the corrective action has been taken.

• The Korean Journal of Air & Space Law and Policy
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• v.9
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• pp.445-488
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• 1997

In the forthcoming 21st century new technical and scientific developments in outer space demands new approaches towards the problems arising in several fields of the use and exploitation of outer space including practical applications. The main purposes of this study are to analyze the legal problems of geostationary orbital position, telecommunication, direct television broadcasting by uses of artificial satellites. Communication via artificial Earth satellites was one of the first applications of space technology and is now one of the most developed field. From the technical and economic standpoints the advantages of world-wide satellites communication system are too all obvious. However, as the practical uses of space technology become more freguent, the legal conflicts among nations have become more divisive. One of the problem grown in uses of artificial satellites is that of the increasing shortage of suitable orbital slot positions for satellites, especially in geostationary orbit. Legal status of geostationary orbit as a limited resourece have to be reviewed in consideration of the side effect of the "First use, first-served" principle. The geostationary orbit is to be used for the benifits of all mankind and to be guaranteed for each state institutionaly in order to have eguitable access to the use of the orbit. Rapid increase of satellites broadcasting system in not only developed countries but also in developing countries opened up new possibilities with one another's scientific and cultural achievements. But there is also a potential danger that this powerful new instrument of influencing public opinion will be abused. Such a danger incudes spill-over or harmful interference. This controversial issue brings about the question whether prior consent from the receiver nation is needed to broadcast across international boundaries. Some states have rejected prior consent because it interfere with the free flow of information. Many other countries have opposed that opinion as an invasion and violation of sovereignty and as a violation of the 1967 Treaty and the UN Charter. Since declaration of the First Year of Outer Space in 1985, our country have promoted the plan of launching communication and broadcasting satellites. With the Koreasat launched in 1995 as the start, a real satellite-telecommunication era was opened in korea. According to this new development of our country, there will also rise various legal problems related to satellite broadcasting and telecommunication such as the inflow of foreign programs, the permeation of culture and the infringement of program copyright. Consequently the effective reactions to these problems in satellite-communication era should be tried including international cooperation. It is therefore to take into careful consideration the legal issues which may arise in outer space activities and to formulate positive policy on international cooperation with surrounding or advanced countries and international organization concerned. For this purpose the United Nations also prepares the UNISPACE III in 1999, to enable the international community to meet a more promising 21st century.

• Journal of the Korea Society of Computer and Information
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• v.24 no.1
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• pp.217-224
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• 2019

The intelligent robot industry is a complex which encompasses all fields of science and technology, and its marketability and industrial impact are remarkable. Major countries in the world have been strengthening their policies to foster the intelligent robot industry, but discussions on liability issues and legal actions that are accompanied by the related big or small accidents are still insufficient. In this study, therefore, the patent law by artificial intelligence robots and the legislation for relevant legal actions at the criminal law level are presented. Patent law legislation by artificial intelligence robots should comply with the followings. First, the electronic human being other than humans ought to be given legal personality, which is the subject of patent infringement. Even if artificial intelligence has legal personality, legal responsibility will be varied depending on the judgment of whether the accident has occurred due to the malfunction of the artificial intelligence itself or due to the human intervention with malicious intention. Second, artificial intelligence as a subject of actors and responsibility should be distinguished strictly; in other words, the injunction is the responsibility of the intelligent robot itself, but the financial repayment is the responsibility of the owner. In the criminal law legislation, regulations for legal punishment of intelligent robot manufacturing companies and manufacturers should be prepared promptly in case of legal violation, by amending the scope of application of Article 47 (Penal Provisions) of the Intelligent Robots Development and Distribution Promotion Act. In this way, joint penal provisions, which can clearly distinguish the responsibilities of the related parties, should be established to contribute to the development of the fourth industrial revolution.

• Journal of Acupuncture Research
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• v.29 no.4
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• pp.71-79
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• 2012

Objectives : The purpose of this study is to set the explanatory duty on traditional Korean medical(TKM) treatment by analyzing the judicial precedents. Methods : The study was performed by analyzing nine cases of lawsuits related to Korean medicine doctor and explanatory duty among the medical dispute cases in Korea from 1968 through 2012. Results : Nine closed claims occurred regarding the violation of explanatory duties in the field of TKM practice. Two claims were decided by supreme court, three were decided by high court, and four were decided by district court. The causes of lawsuits were categorized as follows : bee venom pharmacopuncture, herb treatment, and an explanation for safety. Conclusions : To perform an explanatory duty has important legal implications for the protection of patients' rights and Korean Medicine doctors' autonomy on TKM treatment.

• Journal of the Korea Society of Computer and Information
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• v.22 no.5
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• pp.41-49
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• 2017

Digital works such as computer programs, music, photographs, movies and dramas are copyrighted. Even if there were more than 1,000 violations per year for digital works, the punishment was very weak. Especially copyright infringement by teenager is increasing. This study aims to present the direction of future development through questionnaires on the perception and direction of college students about copyright. 157 college students were surveyed about copyright awareness, perception of detailed legal provisions, cost of monthly expenses, copyright violation, and direction of copyright protection. As a result of the questionnaire survey, awareness was high at 69%, but in detailed law was low at 17.2% and 22.3%. In the future direction of copyright policy, 72.6% of them answered that they should be "strengthened" and "more and more strengthened". In order to protect copyrights, enforcement of crackdowns, public relations activities, expansion of the legal market, and technical protection should be done. In order to do this, copyright-related education for elementary, middle, high school and college students are needed more and it is necessary to expand the legal market where high quality contents are traded. More research is needed on copyright protection technological methods.

• Journal of Fisheries and Marine Sciences Education
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• v.28 no.1
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• pp.221-234
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• 2016

Open port has the designated course and traffic jam of ships happens often. This fact may connect to ship crash easily. And the accident happens due to violation of navigation mainly. In ship crash between Neoblue and Shinkwang 7 at incheon open port, the Korean incheon maritime safety tribunal shows that the violation of navigation and duty of attention at the open port would produce ship crash directly. Wherefore, the interpretation and application of navigation are important to protect future ship crash accident. The points of navigation as objects of study are divided into two categories, interpretation and application of navigation on crashing between the ship which navigate the designated course and the ship which enter into the designated course from the another course or outside the course, interpretation and application of navigation on crashing between two or more ships, which navigate violating the navigation every ships and violating agreement rule each other. And as conclusion, I refer the legal responsibility both Neoblue and Shinkwang 7 in detail. The results of this study as follows : First, in case of crashing between the ship which navigate the designated course and the ship which enter into the designated course from the another course or outside the course, public order in open port act can be applied by priority. However, in applying the public order the principle of trust and reasons of crew, cause and effect, the time of navigation application are mandatory considerations. Second, in case of crashing between two or more ships, which navigate violating the navigation every ships and violating agreement rule each other, we should focus on the reasons of crew. Also, the reasons of crew need strict conditions. These means that the awareness of crash danger and recognition of special circumstance including limit state of ships, existence of emergency danger, non escaping crash danger by only observance of navigation. And in case of this state the public order the principle of trust and reasons of crew, cause and effect, the time of navigation application should be considered by priority, too.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.17
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• pp.7-35
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• 2002

In many international financing transactions Korean companies are required to issue a guarantee. Thus far, however, legal issues on international guarantees have not been fully discussed in Korea. This is partly because most of the international guarantees are governed by a foreign law such as English law or the laws of the State of New York. In this articles the author examines major concepts or terms and conditions of a typical international guarantee, e.g., language on consideration, primary obligor, joint and several guarantee, unconditional and irrevocable guarantee, continuing guarantee, right of subrogation, representations and warranties, covenant or undertaking, currency indemnity, assignment, participation, governing law and jurisdiction clause, etc. For reference, standard forms of a guarantee and a standby letter of credit are attached to the article. In examining the terms and conditions, the author compares them with similar or equivalent concepts under Korean law. The author further discusses some Korean law issues that may arise under international guarantees governed by a foreign law. These issues include the application of the ultra vires doctrine under Article 34 of the Civil Code of Korea, the validity of an international guarantee which a Korean company has issued in violation of the guarantee ceiling set under Article 10 of the Law on Monopoly Regulation and Fair Trade of Korea and the validity of an international guarantee which a Korean party has issued in violation of the Foreign Exchange Transaction Law. In addition, the author discusses some issues under a so-called independent guarantee and a standby letter of credit. In this regard, reference is made to the Uniform Rules for Demand Guarantee (URDG), International Standby Practices (ISP98) and the Convention on Independent Guarantees and Stand-by Letters of Credit adopted by the United Nations in 1995. Finally, the author examines major terms and conditions of typical comfort letters and discusses some legal issues, such as the binding force of the comfort letter. In dealing with the issues the author underscores that to the extent the issues are not properly dealt with by an international norm such as Uniform Customs and Practice for Documentary Credits or ISP 98, the issues must be analyzed by reference to the governing law of the relevant instrument.

• Journal of Digital Convergence
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• v.16 no.8
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• pp.71-79
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• 2018

This study discussed the meaning of a drone, and especially drone journalism and legal and ethical issues around that, at an introductory dimension, which is used in various social bases, but is still just an academic discussion at the beginning stage. As a methodology, content analysis was used. It seems that drone journalism has high diffusibility as a technology with high 'relative advantage', 'compatibility', 'trial ability' and 'observability' and low 'complexity' in terms of the diffusion of innovation theory. However, it will be very likely that controversies will be raised, such as safety issue due to collision and crash, a dispute over violation of privacy that may seriously infringe privacy like individual portrait rights and a controversy about the accuracy and source of information as drone filming low price and ease of use. Suggest solutions to legal and ethical issues based on existing research. Technical stability is required. Also, it is necessary to change the awareness of journalists about the drones coverage and to educate ethics, and it is necessary to establish social public opinion on issues such as privacy violation and establish system and legal measures through it. Future research is expected to carry out empirical research including journalists and public awareness surveys.

• International Journal of Computer Science & Network Security
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• v.22 no.1
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• pp.300-304
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• 2022

The central feature of a digital society is the presence of a significant volume of digital services. The main research-analytical goal of the work is to identify the characteristic features of digital services, to classify and compare various types of digital services, to study the main levers for the development of digital services, the principal determinants of the observance and implementation of digital rights, to identify the dominant threats regarding the violation of digital rights, to analyze the features of legal relations that arise between the supplier and the consumer of digital technologies, consider the available taxation options for the digital economy. The work uses the following methods and research methods: hermeneutic, forecasting, in particular, extrapolation, analysis and synthesis, comparative. Research results: the definition of the concept of "digital service" is given, its main characteristics and types, according to the level of digitalization, the states-leaders are identified, slowing down, promising and problematic, the main triggers of slowing digitalization in some EU countries are investigated, by analyzing the regulatory legal acts of the European Commission on digitalization the strategy of the EU's actions to increase the degree of digitalization was determined, the positive and negative effects of digital services concerning the observance of human rights and freedoms were highlighted, the issue of levying taxes from digital companies was investigated.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.23-42
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• 2018

This study compares the SGA and CISG to find out the difference of the criteria for calculating damages. and it intends to give some important points in trade practice. The damages is intended to compensate the victim for the breach of contract but there are differences between SGA and CISG as follow. First, the SGA and CISG have the same purpose of claiming damages. Both laws and regulations are subject to a full indemnification to compensate for the breach of the contract by the amount equivalent to the loss suffered by the victim. Second, in the general principle related to the calculation of damages, both law enforcement officials are required to be able to predict damages caused by breach of contract. In the case of SGA, however, a foreseeability test or remoteness of damages is required for the relationship between the contract violation and the loss. In other words, it can be said that the causal relation between the contract violation and the damage is strictly applied rather than the CISG. Finally, both laws and regulations of SGA and CISG have a big difference in criteria for calculating damages. In the CISG, after the contract is canceled, it is classified according to the existence of the alternative transaction and the damage amount is calculated based on the contract price. On the other hand, the SGA estimates the loss based on the market price at the delivery of the goods, reflecting the change in the market price instead of the contract price of the goods.