• Title/Summary/Keyword: legality

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Consideration of Voluntary Company by Police to Legality of Criminal Investigation (경찰의 임의동행에 의한 수사의 적법성에 대한 고찰)

  • Son, Bong-Son
    • The Journal of the Korea Contents Association
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    • v.7 no.12
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    • pp.105-113
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    • 2007
  • Company without voluntary agreement(nature) of police, violation on the reason of company, violation on identification state, Violations on duties to notify the party's family members and to allow the party have a chance to be notified. Violation on duty to notify the party to have the right to call an investigation authority, Violation on the time of company, Violation on the place of company, and Violation on using force such as compulsory during the process of voluntary company in state of illegal voluntary company. It also has to decide whether the evidences are illegal and eliminated by these two requisites even in probative value and evidence admissibility on confession of the party under the illegal voluntary company.

A Verifiable and Traceable Secondhand Digital Media Market Protocol

  • Chen, Chin-Ling;Chen, Chin-Chang
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.5 no.8
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    • pp.1472-1491
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    • 2011
  • As used product transactions are currently on the rise, the demand for transactions of secondhand digital content will grow in the future; thus, learning to make secure transactions while avoiding cyber attacks becomes an important issue. In this paper, we combine the new buyer's secret key, the new buyer's watermark to embed in resold digital content, and the reseller's encrypted watermark, which can prove legal ownership of the reseller. Using the privacy homomorphism property of RSA and exponential calculus, the original seller of digital content can verify the legality of the reseller and the new buyer. We also reduced the load of encryption/decryption digital content using a partial encryption/decryption algorithm to make our protocol more efficient and practical. In the proposed protocol, the seller is not able to conduct piracy and easily frame any other innocent secondhand buyer when a case of piracy is found. In fact, piracy can be clearly traced using the privacy homomorphism property of RSA and the embedded watermark mechanism. Further, in the proposed protocol, the seller himself can trace the piracy using exponential calculus. Since it is unnecessary to trust third party participation, the conspiracy problem is resolved and the new buyer is not required to participate in the dispute. Moreover, the seller, reseller and new buyer can simultaneously benefit from the secondhand transaction.

The Study on EU ETS (欧盟航空减排交易体制评析) -From the Perspective of China-

  • Qin, Huaping
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.127-145
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    • 2011
  • European Union unilaterally included the emissions from aviation activities into EU ETS on 19 November 2008 by amending Directive 2003/87/EC. According to the Directive all the emissions(mainly against the CO2) from aviation activities shall be subject to the regulation of EU ETS from 2012. For the period from 1 January 2012 to 31 December 2012, the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 97% of the historical aviation emission s. From 1 January 2013, the allowances will be reduced to 95%. The allocation of allowances which may be applied by each operator with free of charge will be reduced from 85% to 82% from 1 January 2012 to 1 January 2013. Since the Directive will affect every country's airline industry more or less, the nations and international organizations respond variously. The controversial focus is that whether EU has the right to unilaterally include the emissions from international aviation activities into EU ETS. This article firstly analyzes the effect caused by EU ETS to China's airline industry, and then studies the legality of the action of EU subject to current positive international law, and finally draws the conclusion that EU enjoys no such right to unilaterally include the emissions from international aviation activities.

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An Efficient Ways of Improving Regulations on Insider Trading (내부자거래(內部者去來) 규제개선(規制改善)의 효율적(效率的)인 방안(方案))

  • Park Sang-Bong
    • Management & Information Systems Review
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    • v.4
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    • pp.611-629
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    • 2000
  • In the legislation interpretation and fundamental viewpoint about the legal system of insider trading, Japan strictly legislate under the proposition, the principle of 'nulla poena,' adopted 'the principle of limited enumeration,' and United states, under 'the principle of comprehension,' has entrusted courts with establishment of concrete concepts and standard, so the courts are very flexible in determining the range of insiders and the importance of inside information to show a strong will to eradicate insider trading. Korea has a legislative position of 'the principle of limited indication' which has been created by the negotiation between those principles of United states and Japan. Though this court has interpreted insider trading, insider trading using non-disclosed information has increased lately, needing the strengthening of its regulations. However, this shows us that sophisticate the regulations may be, the exposure of insider trading has limitations. The most important thing is to change recognition for transparency of the securities market, security of investors and to establish the atmosphere which is that fair stock trading made in a sound capital market to raise funds for corporation. The policies of improving unfair trading, self-regulation bodies, raising the transparency and legality of procedures of supervision and monitoring and applying 'compliance program' to stock companies are very needed to eliminate unfair trading in the securities market and establish the order of trading.

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The Distribution of Information through Online Meeting after COVID-19: Examining the Effect of Past Behavior

  • Van Hao HOANG;Van Vien VU;Quang Truong NGO
    • Journal of Distribution Science
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    • v.21 no.8
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    • pp.47-55
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    • 2023
  • Purpose: Online meeting is chosen instead of face-to-face conferences as a solution that ensures both effectiveness and legality during times of strong epidemic outbreaks. In the current period, managers can have different types of meeting options for information distribution. This study has examined the effect of past behavior on the managers' intention of organizing online meetings. Research design, data and methodology: Data were collected from a survey with 475 managers and put into SmartPLS 4.0 for analysis. Partial least squares structural equation modeling (PLS-SEM) was employed to test relationships in the research model. Results: The findings indicated that past behavior plays the most critical role in explaining the organizing online meeting intention of managers, followed by attitude and subjective norms. Meanwhile, the perceived behavioral control factor has absolutely no effect on intention in the context of this study. Notably, attitude and subjective norms also remarkably mediated the impact of past behavior on managers' intention. Conclusions: This study has added to the understanding of the meeting organization behavior of managers. Even if the epidemic is under control, the administrators should still organize some meetings in the form of online because it will affect the social perceptions of future behavior and behavioral intention.

The Formation Conditions of Electronic Contracts for the Sale of Goods by On-line Under EC (전자상거래(電子商去來)에서 On-Line에 의한 매매계약성립(賣買契約成立)의 전제조건(前提條件) : Revised 1996 UCC Draft를 중심(中心)으로)

  • La, Kong-Woo;Han, Sang-Hyun
    • Korean Business Review
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    • v.12
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    • pp.303-321
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    • 1999
  • Electronic commerce, driven by the development of the Internet and computer, premises to be an important engine for growth for the world economy in th the 21st century. Electronic commerce offers considerable new opportunities for the business and citizens in all regions of the world by enhancing productivity across of our economics and encourage trade in both goods and services. Specially in relation to contract, electronic commerce requires a coherent, coordinated approach internationally on key issues such as a validity, a legality, consumer protection. Electronic commerce, which breaks down national boundaries and widens the gap between the place where services are performed and the place where they are consumed, requires a new paradigm when making an between contracting parties.

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Review of a Tort Case regarding Liability for the Production of Air Pollutant-emitting Vehicles: Supreme Court Decision 2011Da7437, Decided on September 4, 2014 (자동차를 통한 대기오염물질의 배출에 따른 민법상 불법행위책임의 성립 여부: 대법원 2014. 9. 4. 선고 2011다7437 판결을 중심으로)

  • Lee, Sun Goo
    • Journal of Environmental Health Sciences
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    • v.42 no.6
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    • pp.375-384
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    • 2016
  • Objectives: This paper analyzes the intersection of tort law and environmental health in a recent court decision. Methods: This paper analyzes Supreme Court Decision 2011Da7437, Decided on September 4, 2014 and related lower court decisions. Results: The plaintiffs sought financial compensation from the defendants, arguing that air pollutants in gases emitted by vehicles produced by the defendants had caused them to acquire respiratory diseases. The district court highlighted the need to mitigate the burden of proof for the plaintiffs, but proceeded to review whether the plaintiffs proved the actual toxicity levels of the air pollutants, whether the defendant's vehicles were the main source of the emissions, the plaintiff's level of exposure to the pollutants, and causation between the emissions and the injury. By doing so, the district court required the plaintiffs to prove both indirect and direct facts of causation, increasing burden of proof for plaintiffs. The appellate court upheld the district court's decision, adding that the defendant's conduct did not constitute an illegal act because it did not violate the emissions standards set by environmental law. The Supreme Court upheld the appellate court's decision, reasoning that the epidemiological evidence cannot establish a direct causation for diseases that lack specificity. Conclusion: This case demonstrates that discussions in environmental health have significance in tort lawsuits. For each fact that the plaintiffs and defendants attempted to prove, environmental health research studies were offered as evidence. In addition, the courts decided the legality of the defendant's conduct based on emission standards set by environmental law.

A Study on the Legality of Arb-Med in China (중국 중재조정의 적법성에 관한 연구)

  • LI, Jing-Hua;SEO, Kyeong
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.523-541
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    • 2016
  • According to Chinese Arbitration Law, combination of mediation with arbitration means that in the process of arbitration, arbitrator may conduct mediation proceedings for the case they are handling, provided both parties agree to do so. If mediation succeeds and the parties reach a settlement agreement, the arbitrators may render a consent award or a written mediation statement in accordance with the contents of the settlement agreement. If mediation fails, the arbitration proceedings will be resumed until the case is concluded by making of an arbitral award. There is no formal name of this system in China, it is called "combination of mediation with arbitration", "mediation in arbitration process" or "arbitration-mediation", the author of this thesis select "arbitration-mediation" and make it simply as "Arb-Med". This thesis concentrates on three issues that arbitrators and the parties have to clarify and pay attention to once they choose to use Arb-Med. The first part is about the 'waivable problems', include waive the right to challenge a arbitrator who act as a mediator at the same time with parties' approval, as well as the question about the waiver of the arbitrator's duty to disclose confidential information obtained during mediation. The second part is 'public policy in Arb-Med', introduces the concept of public policy, the bias may arise the complaint about public policy, and the due procedure problem. And the last part is about the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, especially about the award including some contents which has relation to third party's interests.

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Wireless DDoS Attack Detection and Prevention Mechanism using Packet Marking and Traffic Classification on Integrated Access Device (IAD 기반 패킷 마킹과 유무선 트래픽 분류를 통한 무선 DDoS 공격 탐지 및 차단 기법)

  • Jo, Je-Gyeong;Lee, Hyung-Woo;Park, Yeoung-Joon
    • The Journal of the Korea Contents Association
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    • v.8 no.6
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    • pp.54-65
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    • 2008
  • When DDoS attack is achieved, malicious host discovering is more difficult on wireless network than existing wired network environment. Specially, because wireless network is weak on wireless user authentication attack and packet spoofing attack, advanced technology should be studied in reply. Integrated Access Device (IAD) that support VoIP communication facility etc with wireless routing function recently is developed and is distributed widely. IAD is alternating facility that is offered in existent AP. Therefore, advanced traffic classification function and real time attack detection function should be offered in IAD on wireless network environment. System that is presented in this research collects client information of wireless network that connect to IAD using AirSensor. And proposed mechanism also offers function that collects the wireless client's attack packet to monitoring its legality. Also the proposed mechanism classifies and detect the attack packet with W-TMS system that was received to IAD. As a result, it was possible for us to use IAD on wireless network service stably.

Digital Forensics Ontology for Intelligent Crime Investigation System (지능형 범죄수사 시스템을 위한 범용 디지털포렌식 온톨로지)

  • Yun, Han-Kuk;Lee, Sang-Hoon
    • Journal of the Korea Society of Computer and Information
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    • v.19 no.12
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    • pp.161-169
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    • 2014
  • Digital forensics is the process of proving criminal charges by collecting and analyzing digital evidence which is related to the crime in question. Most digital forensic research is focused on digital forensic techniques themselves or cyber crime. In this paper, we designed a digital forensics-criminal investigation linked model in order to effectively apply digital forensics to various types of criminal investigations. Digital forensic ontology was developed based on this model. For more effective application of digital forensics to criminal investigation we derived specific application fields. The ontology has legality rules and adequacy rules, so it can support investigative decision-making. The ontology can be developed into an intelligent criminal investigation system.