• Journal of Arbitration Studies
• /
• v.17 no.1
• /
• pp.33-55
• /
• 2007

Parties to national or international disputes use arbitration because they think it is faster than litigation or affords privacy. But it is very important for the parties that the decision of arbitrators is made impartially and independently. For the parties to accept the outcome of an arbitration, it is essential that the final outcome be the result of an impartial process, especially because arbitration is a form of adjudication, albeit a private one. The success of arbitration resides in the conduct of arbitrators. The more independent and impartial arbitrators are, the more trustworthy arbitration will be. Just as court procedures allow for the recusal of judges under certain circumstances, the arbitral process provides means to remove arbitrators from a tribunal if arbitrator can no longer be considered impartial or independent. This is blown as the disqualification or challenge of arbitrators. An arbitrator can also be challenged when he or she does not fulfill the contactually agreed and stipulated qualifications required by the arbitral agreement. An arbitrator's inability to act impartially could give rise to a challenge to the arbitrator, and even to the award. However, deciding whether an interest or relationship could give rise to an apprehension of bias is a difficult issue for every arbitrator. The standard of arbitrator's impartiality and independence is not commensurable to that of judge, because the parties are permitted considerable autonomy in selecting arbitrators. Particularly it may be expected for the party-appointed arbitrator to act as the advocate of the party in the deliberations of the tribunal. Doubts that could give rise to a challenge to the arbitrator should be justifiable. That is the case if a reasonable, informed third party would conclude that the arbitrator's decision making might be influenced by factors other than evidence presented by the parties. Consequently, for example, the mere fact that an arbitrator was to work in the same firm as one of the parties' counsel, this could not automatically be considered as grounds for challenge for lack of impartiality.

• The Journal of Information Systems
• /
• v.28 no.4
• /
• pp.65-103
• /
• 2019

Purpose The purpose of this study is to find out in extent to which the companies in Korea and oversea, which has been subjected by different laws of their country, have guaranteed the personal information rights and have provided proper 'right to access' to the information subjects. Design/methodology/approach This study compared Korean laws with 'General Data Protection Regulation (GDPR)' of EU and 'California Consumer Privacy Act (CCPA)' to check each of the level of 'right to access' guarantee. In terms of the difference in guaranteeing the right, this study compared Korean IT leading companies with US global leading IT companies to find out how much 'right to access' are properly implemented in their policies and functions they provide. Findings The result of the study shows that 'right to access' has not been well guaranteed by Korean law, as it does not provide the right to choose method and medium by information subjects and does not clarify the types of diverse information. This was clearly opposite with the other laws providing the right to choose what method and medium that subjects want with clarifying every types of personal information possible to be more. In addition, 'right to access' has not been well guaranteed by Korean companies in comparison with by the oversea companies which proactively guarantee the right by setting the function enabling subjects to browse their information through their websites or applications.

• The Journal of the Convergence on Culture Technology
• /
• v.2 no.4
• /
• pp.71-76
• /
• 2016

In this study, de-identification policies of the US, the UK, Japan, China and Korea are compared to suggest a future direction of de-identification regulations and a method for vitalizing the big data industry. Efficiently using the de-identification technology and the standard of adequacy evaluation contributes to using personal information for the industry to develop services and technology while not violating the right of private lives and avoiding the restrictions specified in the Personal Information Protection Act. As a counteraction, the re-identification issue may occur, for re-identifying each person as a de-identified data collection. From the perspective of business, it is necessary to mitigate schemes for discarding some regulations and using big data, and also necessary to strengthen security and refine regulations from the perspective of information security.

• Journal of Arbitration Studies
• /
• v.25 no.1
• /
• pp.87-105
• /
• 2015

Intellectual property law is slowly fighting to keep pace with the rapid growth of the fashion industry. Copyright and patent law have proven only minimally effective in fashion, even in the US and other top fashion nations, forcing designers and fashion companies to rely on their trademarks to protect their work. Litigating trademark disputes in the fashion industry presents a host of problems as witnessed in a recent Christian Louboutin case, leading the parties to resort to Alternative Dispute Resolution(ADR) and Online Dispute Resolution(ODR). ADR methods, especially arbitration, are increasingly emerging as substitutes to litigation. Using these methods, the fashion industry (CFDA in the US case) should sincerely consider a self-regulating program in which its members, both fashion designers and corporations alike, can resolve disputes in a manner mutually beneficial to all parties in order to preserve the industry's growth, solidarity, and esteem In particular, for the US fashion industry, the ongoing Innovative Design Protection and Privacy Prevention Act(IDPPPA) anti-counterfeit legislation could have caused a chilling effect against innovation. New designers with no name and less resources who could normally flourish producing inspired-by designs may find themselves subject to copyright infringement legislation since the IDPPPA may expand the protection of established designers and brands with more resources. This fear and its implication could be solved by the fashion industry itself since fashion experts know best how to handle these fast-paced issues arising in the field. Therefore, stakeholders in the fashion industry should commit to protecting innovation within fashion on a long-term basis by establishing a panel handling an ADR process. This can mitigate the uncertainty created by the IDPPPA or any other legislation from elsewhere, which could result in a shying away from experimentation with inspired-by designs.

• Convergence Security Journal
• /
• v.20 no.5
• /
• pp.53-63
• /
• 2020

In accordance with the revision of the Data 3 Act, such as the Personal Information Protection Act, it is possible to process pseudonym information without the consent of the information subject for statistical creation, scientific research, and preservation of public records, and unlike personal information, it is legal for personal information leakage notification and personal information destruction There are exceptions. It is necessary to revise the pseudonym information in that the standard for the pseudonym processing differs by country and the identification guidelines and anonymization are identified in the guidelines for non-identification of personal information in Korea. In this paper, we focus on the use of personal information in accordance with the 4th Industrial Revolution, examine the concept of pseudonym information for safe use of newly introduced pseudonym information, and generate / use / provide / destroy domestic and foreign non-identification measures standards and pseudonym information. At this stage, through the review of the main contents of the law or the enforcement ordinance (draft), I would like to make suggestions on future management / technical protection measures.

• The Journal of Korea Institute of Information, Electronics, and Communication Technology
• /
• v.15 no.2
• /
• pp.134-143
• /
• 2022

'Data' is the key component that leads Digital Healthcare. Most of the Healthcare Data is personal information of data subject and includes Sensitive Information. It is very important for companies to use data lawfully and safely during the lifecycle of data collection, use, provision, and destruction. However, small and medium-sized enterprises(SMEs), ventures, and startups, which account for 78% of the Healthcare Services Industry, have had difficulties in performing tasks related to personal information protection. The personal Information Protection Act's requirements depending on the purpose of using Personal Information are different. Also, the requirements for each personal information lifecycle are varied. Therefore, this study suggests six purposes for companies to use healthcare data. It examines the considerations during the lifecycle in which personal information is collected to be destroyed.

• Journal of Internet Computing and Services
• /
• v.15 no.4
• /
• pp.141-152
• /
• 2014

According to proliferation of smartphones and extension of various services utilizing location information, markets of Location Based Service(LBS) have been activating all over the world. However, as the privacy violations of personal location information have been continuously increased, interests in the deregulation have been grown as well. While the regulations of location information can protect personal information and privacy, it causes some negative affect in terms of development of diverse services and industry activation. In particular, Korea is the only country that has applied strict restrictions of LBS by making location information related independent 'Location Information Protection Act'. As a result of this, the issues that LBS industry has no longer developed in Korea and it is necessary for us to relax the regulations have been consistently raised. Thus, this study confirmed that there was the negative(-) relationship between the regulations and the market activation of LBS by comparing and analyzing the correlation between the market growth rate of LBS and relevant regulations at home and abroad; the regulations are strengthened, restrictions in market entry and the business performance can occur. In other words, LBS business will be able to be activated if the regulations which have not directly related to the privacy have been relaxed.

• Journal of the Korean housing association
• /
• v.26 no.4
• /
• pp.33-44
• /
• 2015

The fast and competitive urbanization has accelerated unbalanced land utilization and housing, thereby producing large number of decaying areas and socially disadvantaged population, while generally promoted citizen's quality of life. Since rental housing policy, therefore, has emerged as a major important issue to solve these ever increasing problems, new concepts in leading examples need to be explored to stimulate creative ideas for future housing improvement. The purpose of this research is to extract successful factors of a leading rental housing 'Manhattan Plaza' in New York city, expecting useful implications for housing improvement in Korea. Field visit and in-depth interview for data collection and qualitative approach for analysis were carried out. As results, its successful sustainability and fame were found to be attributable to following concepts, such as, socially integrative mix of diverse residents, residents' participation in management, privacy respect administration, considerate planning and design features of physical environment. The latter, especially, were prominent in peripheral spaces, indoor and outdoor community spaces, and private spaces. Based on the results, suggestions were made for future Korean rental housing development.

• Journal of the Korea Society of Computer and Information
• /
• v.22 no.12
• /
• pp.101-108
• /
• 2017

The study proposed a system that filters the data that is entered when analyzing big data such as SNS and BLOG. Personal information includes impersonal personal information, but there is also personal information that distinguishes it from personal information, such as religious institution, personal feelings, thoughts, or beliefs. Define these personally identifiable information as sensitive information. In order to prevent this, Article 23 of the Privacy Act has clauses on the collection and utilization of the information. The proposed system structure is divided into two stages, including Big Data Processing Processes and Sensitive Information Filtering Processes, and Big Data processing is analyzed and applied in Big Data collection in four stages. Big Data Processing Processes include data collection and storage, vocabulary analysis and parsing and semantics. Sensitive Information Filtering Processes includes sensitive information questionnaires, establishing sensitive information DB, qualifying information, filtering sensitive information, and reliability analysis. As a result, the number of Big Data performed in the experiment was carried out at 84.13%, until 7553 of 8978 was produced to create the Ontology Generation. There is considerable significan ce to the point that Performing a sensitive information cut phase was carried out by 98%.

• The Korean Society of Law and Medicine
• /
• v.15 no.1
• /
• pp.303-333
• /
• 2014

The right to self-determination in regard to one's body is a key element of human dignity, privacy and freedom. It is constitutionally enshrined in the guarantee of human dignity, in the general right of personality and, most concretely of all, in the right to physical integrity. In principle No-one may trespass another person's body against his will, whether this act improves his physical condition or not. This right of self-determination applies equally to healthy and to sick people. Hence everyone has the right either to permit or to refuse a medical treatment, unless he can not make a rational decision. If the person does not consent himself, for whatever reason, another one must do for him as guardian. Representation in consent to medical treatment is therefore the exception of self-determination rule. This article explored, 1. who can consent to the medical treatment in the case of the mentally incapacitated adult and the infant, 2. what kind of consent to the medical treatment can the deputy determinate for the mentally incapacitated adult and the infant, 3. when the deputy can not determinate without permission of the court, and 4. what can the doctor do in the case of conflict between minors and guardians.