• Journal of the Korea Institute of Information Security & Cryptology
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• v.26 no.5
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• pp.1269-1277
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• 2016

European Union and United States have introduced new Privacy Shield agreement after decision of Court of Justice of the European Union which invalidated Safe Harbor agreement. Privacy Shield agreement contains several clauses to raise the level of personal data protection such as enhanced commitments, stronger enforcement, clear safeguards and transparency obligations, and effective protection of EU citizens' rights with several redress possibilities. This agreement has received positive response as an enhanced measure for personal data protection. This paper examines EU and US discussion history and current situation regarding Privacy Shield and suggests national policy direction such as measures for personal data transborder flow system improvement and international cooperation.

• Korea and Global Affairs
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• v.2 no.2
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• pp.63-88
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• 2018

The purpose of the present paper is to examine the North Korean refugee protection system and its shortcomings. Based on the findings from the analysis of legal system and status of personal protection, this paper proposes the following measures to solve the problems and improve South Korea's existing system. First of all, personal protection for North Korean refugees should be carried out in an inclusive and humanitarian manner. Secondly, the collaborative governance operating system for protecting North Korean refugees should be established. Lastly, clear guidelines for personal protection procedures should be developed to ensure personal protection officers'accountability.

• Convergence Security Journal
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• v.18 no.5_1
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• pp.83-92
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• 2018

The GDPR implemented since 25 May 2018 is common to all EU Member States and is legally binding. It is also important and legally valuable in that it takes into account the latest trends related to privacy protection. The purpose of this study is to propose a comprehensive review and improvement direction of the personal information protection laws in South Korea through a comparative analysis of EU GDPR and privacy related laws in South Korea. As a result of this study, the differences between the GDPR and privacy related laws in South Korea are Definition of personal sensitive information, Right to data portability, Data protection officer, Transfers of personal data to third countries, Supervisory authority, and Punishment, etc. The differences in these regulations were necessary to protect the rights and interests of data subjects and to properly handle personal information of personal information controllers. Therefore, based on the results of the comparative analysis of this study and suggestions on improvement direction of the law related to personal information protection, it is expected that it will contribute to the overall inspection and improvement of the law related to personal information protection in South Korea.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.21 no.5
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• pp.169-179
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• 2011

Recent personal data breach incidences draw the public's attention to their privacy and personal rights. The new personal data protection law effective in September 2009 imposes additional legal responsibility on personal data controllers and processors. For instance, if a data breach occurs, this new law requires that the processors must notify individuals (data subjects) and data protection authorities of the nature of incidents. This research reviews the U.S. forty six state laws and related acts, and offers a framework for managing incidents. This framework includes five major components: (1) type of personal data required to be reported and notified, (2) the ultimate subject notifying data subjects, (3) event occurrence and notification time phases, (4) notification message details, and (5) direct/indirect communication media. Along with this framework, we also offer directions for effective/manageable guidelines on data breach notification act.

• The Journal of Korean society of community based occupational therapy
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• v.10 no.2
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• pp.11-24
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• 2020

Objective : The Human Rights constitute one of the basic pillars of every work where persons are involved, such is the case of the occupational therapy field. Methods : In this study we investigate the human rights sensitivity and the advocacy activities of occupational therapists. The differences according to their characteristics, the relationship and the impact of the human rights sensitivity are examined and presented. Making use of online surveys 116 subjects participated in the study. Results : The measured average of human right sensitivity is 69.00 ± 17.67 point, being them distributed according to the following subcategories: to the perception of the situation corresponds 23.25±5.62 points, to the perception of the consequences 22.75±6.54 points and for the perception of the responsibility 23±6.54 points. In all the cases have been taken in account the equal rights, the right to education in disables, the right to pursue the happiness of the elderly, the right of the disables to have personal freedom, the privacy rights and the privacy rights for mental illness people. According to the working area the Human Right sensitiveness is higher in Seoul than in the Gyeongsang province meanwhile the advocacy activities is higher in Seoul and in Gyeonggi province than in Gyeongsang province. Depending of the type of service, general hospitals and rehabilitation/nursing hospitals showed higher human rights sensitivity than other service organizations According to the working field, occupational therapy group focused in elderly showed higher Human Right sensitivity than other fields. Professionals belonging groups of clinical experience from 3 to 5 years and from 6 to 10 years showed higher advocacy activities than professionals with more than 11 years of experience. A positive correlation was showed between the human rights sensitivity and the advocacy activities. For this situation, the human rights sensitiveness was divided in sub-categories in perception of the situation, perception of the consequences and perception of the responsibility. As showed by the result of multiple regression analyses the advocacy activities of human would grow up in accordance with the increase of the human rights sensitiveness of responsibility perception. Conclusion : Due to the actual lack of information, the collection and study of basic data is fundamental for the development of practical human rights educational programs and to emphasize the role of the defense of the human rights.

• Journal of Internet Computing and Services
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• v.23 no.3
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• pp.111-123
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• 2022

Artificial intelligence, which is developing as the core of an intelligent information society, is bringing convenience and positive life changes to humans. However, with the development of artificial intelligence, human rights and property are threatened, and ethical problems are increasing, so alternatives are needed accordingly. In this study, the most controversial artificial intelligence ethics problem in the dysfunction of artificial intelligence was aimed at researching and developing artificial intelligence ethical measurement indicators to protect human personality rights and property first under artificial intelligence ethical principles and components. In order to research and develop artificial intelligence ethics measurement indicators, various related literature, focus group interview(FGI), and Delphi surveys were conducted to derive 43 items of ethics measurement indicators. By survey and statistical analysis, 40 items of artificial intelligence ethics measurement indicators were confirmed and proposed through descriptive statistics analysis, reliability analysis, and correlation analysis for ethical measurement indicators. The proposed artificial intelligence ethics measurement indicators can be used for artificial intelligence design, development, education, authentication, operation, and standardization, and can contribute to the development of safe and reliable artificial intelligence.

• Journal of Intelligence and Information Systems
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• v.28 no.1
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• pp.29-43
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• 2022

With the advent of the Internet and the development of mobile digital devices such as smartphones and tablet PCs, the communication service paradigm began to shift from existing voice services to data services. Recently, as social network services (SNS) are activated and 4th industrial revolution technologies centered on ICT (Information and Communication Technologies) such as Big Data, Blockchain, Cloud, and 5G/6G are rapidly developed, the amount of shared data type and the amount of data are increasing rapidly. As the transition to a digital society begins actively, the importance of using data information, as well as the economic and social values of personal information are becoming increasingly important. As a result, they are actively discussing policies to revitalize the data information industry around the world and ways to efficiently obtain, analyze, and utilize increasingly diverse and vast data, as well as to protect/guarantee the rights of information subjects (providers) in various fields such as society, culture, economy, and politics.. In this paper, in order to improve the self-determination right of personal information on data produced by information subjects, and further expand the use of safe data and the data economy, a differentiated data trusts system was considered and suggested. In addition, the components and data trusts procedures necessary to efficiently operate the data trusts system in Korea were considered, and the non-profit data trusts system and the for-profit data trusts system were considered as a way to flexibly operate the data trusts system. Furthermore, the legal items necessary for the implementation of the data trusts system were investigated and considered. In this paper, in order to propose a domestic data trusts system, cases related to existing data trusts systems such as the United States, Japan, and Korea were reviewed and analyzed. In addition, in order to prepare legislation necessary for the data trusts system, data-related laws in major countries and domestic legal and policy trends were reviewed to study the rights that conflict or overlap with existing laws, and differences were investigated and considered. The Data trusts system proposed in this paper is a reasonable system that is expected to recognize the asset value of data in the capitalist market economy system, to provide legitimate compensation for data produced by data subjects, and further to contribute greatly to the use of safe data and creation of a new service market.

• The Korean Society of Law and Medicine
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• v.11 no.1
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• pp.397-445
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• 2010

This thesis introduces the trends of korean courts' ruling on damages in medical malpractice cases for past 10 years. First of all, Korean courts' ruling have had a tendency to pay only non-economic damages for not taking the informed consent. If a doctor cannot get the informed consent from a patient, he compensate only non-economic damages for the infringement of self-determination rights of patient. It's enough for the plaintiff to prove the infringement of self-determination rights, if the plaintiff just want to get non-economic damages. The Korean Supreme court have ruled that if plaintiffs want to get economic damages for the infringement of self-determination rights or informed consent, plaintiffs must prove that the infringement of self-determination rights is the proximate cause of the economic damages of patient. There is another tendency for the Korean Supreme court to limit the damages in medical malpractice cases on the ground of patient's diseases' dangerousness or patient's idiosyncrasy. In the past courts often limit the damages only to 70~80% of total damages, but now a days courts mostly limit the damages to 20~30%. This thesis also introduce the Korean courts' trends about Valuing damages in personal injury actions awarded for gratuitously rendered nursing and medical care.

• Journal of the Society of Disaster Information
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• v.7 no.3
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• pp.181-189
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• 2011

Private Security company concentrated on the commerciality as a for-profit businesses. Even so, his role is concerned with public welfare and public security over personal gain. Establishing a company and the business activities are free and protected by the constitutional law and the commercial law such as natural rights. However, it would be restricted in case of need for the national security affairs, public security violation and public weal problems. On the other hand, even though private security law is a for-profit businesses, the natural rights of the text of the Constitution is ignored and distinct from the different apply the rules for the establishment standard and for the business activities. Also, over a certain size of place and capital are required to establish a private security company. Therefore, this paper will study the public interests and the profits of commerciality for the private security by constitutional law and commercial law which assure and conserve the natural rights and the business activities.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2002.11a
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• pp.368-372
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• 2002

Channel of distribution of contents of digitalised multimedia contents is changing in form passed directly to consumer from manufacturer through digital network of high speed. Together, diffusion of various digital equipment that do is changing Past multimedia consumption structure with the wonderful speed so that can consume easily digital contents. Specially, Multimedia Personal Computer and fast diffusion of a digital television are acting role such as catalyst that promote easy purchase and consumption of multimedia contents of good qualify. However, this system is no method that can sell digital contents and express right that original owner for the contents can insist nothing but consume. Because consumer can distribute to another person copying contents that buy because of and user can distribute producing ashes again according to necessary field by oneself as well as, can lose meaning for original contents. In this paper, Text editing system for XrML (extensible Rights Markup Language) that describe about integrity of message and entity authentication in addition to necessary rights, fees, condition etc. and this to do fetters XML (eXtensible Markup Language) for copyright protection for digital contents in treatise that see hereupon and use digital contents design and embody.