• Title/Summary/Keyword: legislative law

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A Study on Tasks for the Legal Improvement for the Governance System in Cybersecurity (사이버안보 추진체계의 제도적 개선과제 연구)

  • Park, Sangdon;Kim, Injung
    • Convergence Security Journal
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    • v.13 no.4
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    • pp.3-10
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    • 2013
  • Cyber attacks are threats to national security. Today, cybersecurity threats have various types, the theft or spread of privacy and national secret, the realization of direct attacks to infrastructure and the hacktivism with political or social objectives. Furthermore, There are special situations in South Korea because of North Korea's threats. Thus, It is necessary to handle cybersecurity as a kind of national security problem. It is a time to identify problems of governance system in cybersecurity and to improve related Acts and subordinate statutes. There are several tasks for legal improvement for governance system in cybersecurity. They are improving legal bases for the roles of the relevant authorities in cybersecurity, consolidating national joint response to cyber accidents, establishing and vitalizing information sharing system, constructing foundation of cybersecurity through industry promotion and manpower development, and acquiring defensive tools by enhancement research an development. In order to address these challenges, it is necessary to pay much attention to enactment and to revision laws and to practice legislative procedure.

A Study on the Effect of Healthcare-based IPTV Quality on Intention to Use (Healthcare 기반 IPTV 품질이 사용의도에 미치는 영향에 관한 연구)

  • Kim, Dong-Gu;Song, In-Kuk
    • The KIPS Transactions:PartD
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    • v.18D no.3
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    • pp.185-196
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    • 2011
  • As the Korean Ministry for Health and Welfare announced the likelihood to revise the legislative limit for healthcare telemedicine, u-Healthcare service through IPTV emerged among these business models. However, in spite of many advantages such as treatment improvement, service quality enhancement, and treatment usefulness, most medical trials grafted with IT have not accepted yet. This points out not only that law and institutional environment has not prepared, but also that policy maker neglect the preparation of the strategies through the study on user acceptance. The purpose of this study is to verify the relationship for IPTV quality based Healthcare on satisfaction and intention to use. The results identify that IPTV technology quality for its convenience, contents quality for its completeness, and the quality for healthcare services give significant effect to satisfaction. In addition the study indicates that overall qualities of IPTV technology, contents, and healthcare service, significantly impact on satisfaction respectively and that the satisfaction may lead to the intention to use of this service.

A study for Domestic Respond to the ′AFS′ Convention of IMO (IMO-AFS 협약 채택에 따른 국내 대처방안 연구)

  • Seol, Dong-Il;Kim, In-Soo;Lee, Guk-Jin;Park, Sang-Jin;Park, Sang-Ho;Kim, Dong-Geun
    • Journal of Navigation and Port Research
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    • v.26 no.5
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    • pp.505-510
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    • 2002
  • Bans on TBT based antifouling paints have been drafted since 1998 by meetings 42, 43, 45 and 46 for the MEPC (Marine Environmental Protection Committee) of the International Marine Organization, and decided finally at a Diplomatic Conference of IMO in October 2001. It was a key issue that there should be a global prohibition on the application of organo-tin compounds as biocides in Anti-fouling systems by Jan. 2003, and a complete prohibition on the presence of organo-tin compounds on ships by 1 Jan. 2008. This paper suggests a method to design International Anti-fouling system cretificate, Record of anti-fouling system, Endorsement of the Records, Declaration on Anti-fouling System, Port State Control and reform(legislative) associated a law.

How is the Social Problem-Solving R&D Done? (사회문제 해결형 연구개발은 어떻게 수행되는가?)

  • Song, Wichin;Seong, Ji-Eun
    • Journal of Science and Technology Studies
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    • v.18 no.3
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    • pp.255-289
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    • 2018
  • The social problem-solving R&D is different from the goal and process in comparison with research aimed at scientific excellence and industrial innovation. It pursues social values and active participation of the end-user civil society. In this study, we try to derive its characteristics by analyzing the cases that are evaluated as successful social problem solving R&D project. In order to analyse the social problem-solving R & D case, these four variables are selected; 1) social and technological planning for problem solving 2) participatory technological development 3) law, system and delivery system development for innovation deployment 4) scale-up of new R&D process. Those are important issues identified through case studies: 1) the tools and support services needed to carry out social and technical planning effectively, 2) the role of the Living Lab to coordinate opinions with experts and users, 3) the legislative and institutional improvement activities as important as technological development, 4) researcher's change through interaction with end user.

S. Korea's Approach Strategy through Policy Analysis of Major Countries to Promote the Use of Forest Biomass as Renewable Energy (재생에너지로서 산림바이오매스 활용 촉진을 위한 주요국의 정책분석을 통한 한국의 접근전략)

  • Lee, Seung-Rok;Park, Sehun;Koh, Moon-Hyun;Han, Gyu-Seong
    • New & Renewable Energy
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    • v.18 no.3
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    • pp.10-22
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    • 2022
  • Forest biomass energy is based on scientific evidence in response to carbon neutrality and the climate crisis, international consensus, and environmental-geographic characteristics of each nation. In this study, the authors aimed to analyze macroscopic forest biomass energy policies for ten major countries. They categorized them into six detailed categories (Sustainable utilization, Cascading Uutilization, Replacement of fossil fuel/Carbon intensive products, Utilization of forest by-products/residues as the source of energy, Contribution to carbon-neutral/climate change, and Biomass combined with CCS/CCUS ). In addition, the surveyed nations have developed a policy consensus on the active use of forest biomass with sustainable forest management except for the cascading utilization category. Furthermore, the authors evaluated the mid to long-term plans of the Korean government for improvements in the policy and legal aspects. As a result, the authors derived four major directions that South Korea should approach strategically in the future (1) secure financial resources for sustainable forest management and stimulating investment in the timber industry, (2) promote unified policies to establish a bio-economy, (3) enhancement of the forest biomass energy system, and (4) reorganization and promotion of strategy centered on the opinions of field experts in internal and external instability.

A Study on Improving the Act on Information and Communication Network for Enhancing the Effectiveness of Cyber Incident Reporting (침해사고 신고의 실효성 제고를 위한 정보통신망법 개선 연구)

  • Tae-seung Lee
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.33 no.5
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    • pp.801-811
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    • 2023
  • With the cyber incidents increasing every year, opinions are being raised that legal system relating to incident reporting needs to be revised to improve the cyber incident reporting rate, etc. Accordingly, this paper suggests a legal improvement to enhance the effectiveness of cyber incident reporting. First, by analyzing domestic media coverage, this paper defines the problems which need to be improved regarding an incident reporting system as "unreported" and "not timely reporting". Then, this paper finds four requirements for legal improvement like "a reporting entity", "a starting point of reporting", "a reporting deadline" and "a protection of reporting information" by analyzing the relationship between reporting relating problems and issues published by overseas institutions and additionally by analyzing the need to revise the law. Finally, through an analysis of legislative cases, this paper suggests a legal improvement for the requirements.

Control Policy for the Land Remote Sensing Industry (미국(美國)의 지상원격탐사(地上遠隔探査) 통제제탁(統制制度))

  • Suh, Young-Duk
    • The Korean Journal of Air & Space Law and Policy
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    • v.20 no.1
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    • pp.87-107
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    • 2005
  • Land Remote Sensing' is defined as the science (and to some extent, art) of acquiring information about the Earth's surface without actually being in contact with it. Narrowly speaking, this is done by sensing and recording reflected or emitted energy and processing, analyzing, and applying that information. Remote sensing technology was initially developed with certain purposes in mind ie. military and environmental observation. However, after 1970s, as these high-technologies were taught to private industries, remote sensing began to be more commercialized. Recently, we are witnessing a 0.61-meter high-resolution satellite image on a free market. While privatization of land remote sensing has enabled one to use this information for disaster prevention, map creation, resource exploration and more, it can also create serious threat to a sensed nation's national security, if such high resolution images fall into a hostile group ie. terrorists. The United States, a leading nation for land remote sensing technology, has been preparing and developing legislative control measures against the remote sensing industry, and has successfully created various policies to do so. Through the National Oceanic and Atmospheric Administration's authority under the Land Remote Sensing Policy Act, the US can restrict sensing and recording of resolution of 0.5 meter or better, and prohibit distributing/circulating any images for the first 24 hours. In 1994, Presidential Decision Directive 23 ordered a 'Shutter Control' policy that details heightened level of restriction from sensing to commercializing such sensitive data. The Directive 23 was even more strengthened in 2003 when the Congress passed US Commercial Remote Sensing Policy. These policies allow Secretary of Defense and Secretary of State to set up guidelines in authorizing land remote sensing, and to limit sensing and distributing satellite images in the name of the national security - US government can use the civilian remote sensing systems when needed for the national security purpose. The fact that the world's leading aerospace technology country acknowledged the magnitude of land remote sensing in the context of national security, and it has made and is making much effort to create necessary legislative measures to control the powerful technology gives much suggestions to our divided Korean peninsula. We, too, must continue working on the Korea National Space Development Act and laws to develop the necessary policies to ensure not only the development of space industry, but also to ensure the national security.

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New attempt on the Autonomous Vehicles Act based on criminal responsibility (자율주행자동차 사고시 형사책임에 따른 '자율주행자동차의 운행과 책임에 관한 법률안' 시도)

  • Lee, Seung-jun
    • Journal of Legislation Research
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    • no.53
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    • pp.593-631
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    • 2017
  • Like the technological competition of each country around commercialization of Autonomous Vehicles(the rest is 'AV'), legalizations are also in a competition. However, in the midst of this competition, the Ethik-Kommission Automatisiertes und vernetztes Fahren of Germany has recently introduced 20 guidelines. This guideline is expected to serve as a milestone for future AV legislations. In this paper, I have formulated a new legislative proposal that will incorporate the main content presented by the Ethik-Kommission. The structure is largely divided into general rules of purpose and definition, chapter on types of AV and safety standards, registration and inspection, maintenance, licenses for AV, driver's obligations, insurance and accident responsibilities, roads and facilities, traffic system, and chapter on penalties. The commercialization of AV in Korea seems to be in a distant future, and it is possible to pretend that it is not necessary to prepare legal systems. But considering our reality, leading legislation may be necessary. In this paper, I have prepared individual legislative proposals based on the essential matters based on the criminal responsibility in case of AV car accidents. To assure the safety of AV, AV and mode of operation were defined for more clear interpretation and application of law, and basic safety standards for AV were presented. In addition, the obligation of insurance and the liability for damages were defined, and the possibility of immunity from the criminal responsibility was examined. Furthermore, I have examined the penalties for penalties such as hacking in order to secure the effectiveness of the Act. Based on these discussions, I have attempted the 'Autonomous Vehicles Act', which aims to provide a basis for new discussions to be held on the basis of various academic fields related to the operation of AV and related industries in the future. Although there may be a sense of unurgency in time, the automobile industry needs time to prepare for the regulation of the AV ahead of time. And a process of public debate is also needed for the ecosystem of healthy AV industry.

Administrative Legislation Procedures, Pre-Notices, Listening to Opinions under the Administrative Law of the United States - Focusing on the Analysis of the 2019 Ruling, Federal Supreme Court Azar v. Allina Health Service, 587 U.S. 1804 - (미국 행정법상 행정입법절차와 사전통지, 의견청취 - Azar v. Allina Health Service, 587 U.S. 1804 2019 판결에 대한 분석을 중심으로 -)

  • Kim, Yong-Min
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.187-220
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    • 2020
  • Today, administrative legislation is becoming more and more important in that it not only sets the legal life relationship of the people in great detail and detail, but is closely related to the occurrence, extinction, and alteration of rights and obligations held by prisoners. In the United States, the types of administrative legislation are divided into substantive and interpretative regulations, so-called substantive regulations, which give prior notice and opportunity to comment on interested parties through formal or informal administrative procedures in accordance with Article 553 of the Federal Administrative Procedures Act. On the other hand, the interpretation regulation, which is "the regulation established by the Administration for the simple interpretation of statutes," does not require prior notice or comment because it does not affect the people's rights obligations. The Azar v. Allina Health Service, 587 U.S. 1804, 2019 ruling by the U.S. Constitutional Court, subject to this research paper, is about a dispute over a new decision to require Medicare to determine the amount of compensation for care providers that provide medical services for the poor, and should the regulations be regarded as substantive under the Administrative Procedures Act and should not be given a hearing or a simple internal process for processing. Given that the current administrative procedure law of our country stipulates the procedures for administrative pre-announcement through Articles 42.1 and 44.1, but that our courts have not judged violations of legislative pre-announcement procedures under the Administrative Procedures Act so far as to judge the illegality of administrative legislation, the dispute of the U.S. Constitutional Court will provide new implications for controlling legal orders beyond simple legal interpretation and has great significance in terms of readjustment of relevant regulations under future administrative procedures.

A study on mandatory insurance for aircraft operators (항공보험 가입의무에 관한 연구)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.169-197
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    • 2018
  • The purpose of this study is to present a reasonable and concrete standard for the Korean aviation insurance compulsory subscription system. Through this, we aim to improve the current revision of laws and regulations, and ultimately create an environment in which the safety and property of the Korean people who use aircraft with appropriate aviation insurance can be secured. In particular, by reviewing the aviation business law and its new laws and regulations enacted in 2017, the legislative improvement direction of aviation insurance will be proposed. In order to maintain the continuous growth of the air transportation industry and to make amicable compensation for the victims, considering the characteristics of the total accident, instantness, and giganticness of air accidents in which a lot of people and property are lost in the event of an accident, adequate insurance coverage is essential. In this respect, the compulsory insurance to amend the principle of freedom of contract, which is the great principle of the modern judicial system, will be persuasive. However, in comparison with foreign legislation, the legal provisions on Korea's obligation to comply with aviation insurance need to be revised around the following issues: First, it is reasonable to enforce the regulation of the mandatory aviation insurance by legislation from the Congress not by administrative regulations. Because it will force the monetary obligations of the individual such as common air carriers. Second, our law regulations respond to various kinds of air damages by using the phrase "limit of liability stipulated in international conventions". However, as we have seen in the text, the range of compensation are various according to the use of legal instruments in international conventions such as the Montreal Convention, which governs the compensation of passengers for damages to passengers today. Third, in countries with narrow territories, such as Korea, there are big differences in flying time and insurable risk between domestic and international transportation. Therefore, it is necessary to divide domestic transportation and international transportation even in the obligation to join the insurance. This dual discipline has the advantage for rookies in air carrier market who mainly start their business from domestic service. Fourth, according to Korean law, the regulations of automobile loss insurance is applicable to the aviation mandatory insurance of unmanned aerial vehicle accident which is lack of persuasion. In the future, it will be appropriate to discipline insurance for unmanned aerial vehicles with unlimited potential for development from a long-term perspective.