• Korean journal of communication and information
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• v.38
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• pp.211-244
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• 2007

Article 17 and 18 of the Korean Constitution respectively prescribe the violation of individual's right to privacy and the secrecy of wire communication. Meanwhile, Article 20 of the Criminal Code provides that an act which is conducted within the ambit of laws or pursuant to accepted business practices or which does not violate the social norms shall not be punishable. In 1999, the Constitutional Court held that media reports on public matters of public figures must be given strong constitutional protection, and treated differently from reports on private matters of private figures. In accordance with the decision, the Supreme Court has expanded the scope of constitutional guarantee of freedom of expression since 2002. This study analyzes the issue of media liability for publication of illegally intercepted wire communication by a third person. Particularly, it reviews Seoul High Court's ruling on 'X-file scandal' which disclosed intercepted wire communications between notable public figures regarding a slush fund for a presidential candidate. In the light of this analysis, the study concludes that the media reporting of the intercepted communication does not violate social norms of Article 20, and therefore it is entitled to a constitutional privilege.

• Korean Security Journal
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• no.53
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• pp.211-228
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• 2017

In May 2012, the police was empowered to electronically obtain location information of mobile devices from the telecommunication service provides for the purpose of rescue by the Act on the Protection, Use, ETC. of Location Information, after years of pressure with repeated serious violent crime outbreaks and controversy concerning the risk of breaching privacy. This study examines the environmental, legal, and technological challenges related to location tracking at the time of five years after the amendment of the law. The bottom line of police's locating power is to secure the lives of people in deadly emergent circumstance. Therefore, location tracking using given information should be swiftly proceeded after consideration and judgment of justification in timely manner to electronically request information to mobile carriers, and it is necessary to have somewhat flexibility of interpretation to be applied to diverse situation. In addition, location tracking technology should be continuously updated through cooperation with the stake-holders. Recognizing substantial problems in practice, we identified and explored the issues including obtaining prior consent for tracking the user's location in case of emergency, confirmation of emergency situation requiring police presence, qualification of legitimate requester, and limited applicability in various circumstances, which are required to reconsidered in conjunction with the personal information protection laws. Additional practical issues may include the expenses for information provision and other incentives to promote active cooperation by the telecom companies.

• The Korean Society of Law and Medicine
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• v.12 no.1
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• pp.99-131
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• 2011

To strengthen the protection of human research subjects and human materials, the Korean Ministry of Health and welfare proposed the amendment bill of Bioethics and Safety Law(2010) to the Congress. It includes so many meaningful clauses. According to the bill, the scope that this act shall apply will be expended to the research involving human subjects and human materials. In the bill, there are the principles of this act; the protection of the life, health, and dignity of the human subjects, the obtaining of the adequate informed consent, the protection of the human subject's information confidentiality and the human subject's privacy, the assessment and minimizing of the risks involved and the guarantee of the safety for the human subjects, the preparation of the special protection program for the vulnerable human subjects, and so on. According to the bill, Institutional Bioethics Review Board(the same as Institutional Review Board) will be responsible for the auditing and monitoring on the research that was approved by IBRB, conducting the education program for the researchers, IBRB members and administrative staffs, preparing of the special protection program for the vulnerable human subjects, and forming the guidelines for the researchers as well as the review of the research protocols. And the State and local governments shall take necessary measures to support the expending of the social infrastructure. In addition to, IBRB will have to be assessed and to be gained the accreditation by the Korean Ministry of Health and welfare. So, if Bioethics and Safety Law is amended, it will contribute enormously to enhance the level of the human research subjects protection. Also, if this Law is amended, IBRB will play a major role for the conduct of the ethically, scientifically, and legally proper research. But now, as a matter of fact, the capability of IBRB members and IBRB office members is not enough to charge of this role because some people and some organizations does not know the importance of IBRB exactly. In spite of, IBRB shall be able to this role to protect the human subjects and to develop the level of the research On the international level. Therefore, the State, local governments and the Organization shall back up the administrative and financial terms of the IRB and IRB Office.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.315-346
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• 2016

With the development of big data processing technology, the potential value of healthcare big data has attracted much attention. In order to realize these potential values, various research using the healthcare big data are essential. However, the big data regulatory system centered on the Personal Information Protection Act does not take into account the aspect of big data as an economic material and causes many obstacles to utilize it as a research purpose. The regulatory system of healthcare information, centered on the primary purpose of patient treatment, should be improved in a way that is compatible with the development of technology and easy to use for public interest. To this end, it is necessary to examine the trends of overseas legal system reflecting the concerns about the balance of protection and utilization of personal information. Based on the implications of the overseas legal system, we can derive improvement points in the following directions from our legal system. First, a legal system that specializes in healthcare information and encompasses protection and utilization is needed. De-identification, which is an exception to the Privacy Act, should also clearly define its level. It is necessary to establish a legal basis for linking healthcare big data to create synergy effects in research. It is also necessary to examine the introduction of the opt-out system on the basis of the discussion on the foreign debate and social consensus. But most importantly, it is the people's trust in these systems.

• Journal of Preventive Medicine and Public Health
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• v.40 no.4
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• pp.265-272
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• 2007

It was not until 1975 that cancer registration was initiated in Korea; voluntary registration of cancer patients of training hospitals throughout the country began under the auspices of the Korean Cancer Society(KCS). However, an official cancer registration, the Korea Central Cancer Registry(KCCR), began on July 1st, 1980. Forty-five training and two non-training hospitals throughout the country initiated registration of patients in whom neoplasms had been found. Data related to case information specified are to be sent to the KCCR at the National Medical Center(it moved at National Cancer Center in 2000). The initial cancer registration of KCS was merged to the KCCR in 1980. Although the KCCR covers most all the large training hospitals in Korea, it cannot provide incidence data. It is, however, the only of its kind in the world, being neither hospital nor population based. The first population based cancer registry(PBCR) was launched in a small county, Kangwha(it has around 80,000 inhabitants), by Yonsei University Medical College in 1983. All data were collected by active methods, and incidence statistics for 1986-1992 appeared in Vol VII of the CI5. Another PBCR, Seoul Cancer Registry(SCR), started in 1991. It was supported by a civilian foundation, the Korean Foundation for Cancer Research. The basic idea of case registration of SCR was the incorporation of KCCR data to PBCR, e. g. dual sources of case registration, i.e., from the KCCR and also including cases diagnosed in small hospitals and other medical facilities. Assessing completeness and validity of case registration of SCR, the program and methodology used by the SCR was later extended to other large cities and areas in Korea, and the PBCR in each area was established. Cancer incidence statistics of Seoul for 1993-1997, Busan for 1996-1997, and Daegu for 1997-1998, as well as Kangwha for 1993-1997, appeared eventually in Vol VIII of the CI5. The Korean or 'pillar' model for a PBCR is a new one. The KCCR data file is a reliable basis, as a pillar, for a PBCR in each area. The main framework of the model for such a registry is the incorporation of a KCCR data file with data from additionally surveyed cases; the data related to cancer deaths, medical insurance claims, and visit-and surveillance of non-KCCR medical facilities. Cancer registration has been adopted as a national cancer control program by Korean government in 2004 as the Anti-Cancer Act was enacted. Since then, some officers have tried to launch a nation-wide PBCR covering whole country. In the meantime, however, cancer registration was interrupted and discontinued for years due to the Privacy Protection Law, which was solved by an amendment of the Anti-Cancer Act in 2006. It would be premature to establish the nation-wide PBCR in Korea. Instead, continuous efforts to improve the completeness of registration of the KCCR, to progress existing PBCRs, and to expand PBCRs over other areas are still to be devoted. The nation-wide PBCR in Korea will be established eventually with summation of the PBCRs of the Korean model.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.26 no.4
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• pp.1037-1055
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• 2016

After the enactment of the Personal Information Protection Act, policies and activities for the personal information protection have been actively promoted. However the people are showing negative attitudes about personal information, as the ongoing personal data leakages. Therefore, authors tried to empirical analysis of the effectiveness of national policy on the protection of personal information, using SERVQUAL model, focused on the people's perception, in order to identify that how the people recognized current policy. Authors find that the public has perceived the effectiveness of the policy positively, but the level of their awareness is low. And we identify that the people are highly aware of the policy's effectiveness for Immediacy, Convenience and Responsibility, while they have the lowest effectiveness for Efficiency. The policy's improvement focused on the public's low expectations/perceptions and effectiveness awareness, is required in order to develop people-oriented national privacy policy that are satisfied by the people.

• Journal of the Korean housing association
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• v.13 no.5
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• pp.31-42
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• 2002

This comparative study between Korean and German housings aims at understanding different structural systems in the indoor and outdoor spaces, depending upon the user′s perception of the socio-cultural attributes. The analysis starts with four alternative contrary assumptions, that appear in morphological forms of dwelling; 1) linear distribution vs. areal distribution of residential districts, 2) mirror system vs. comb system in the layout of plot plans 3) organization of front vs. back outdoor spaces and 4) opening vs. closing in the indoor spaces. A clear difference is found between Korean and German samples in view of public and private relationships between indoor and outdoor spaces as well as the intermediate space. In the korean housing there always exists a symbolic and psychological territory of a certain sphere. On the other hand, outdoor space passes through various phases only to form a certain hierarchy even in a private space and, thereby, sets a boundary between private and public areas. In the case of Germany, the building itself draws a clear line between private and public outdoor spaces, and therefore the outdoor space has a "front" and "back". Thus, Germany′s private space may face a genuine public space and street, which is rare in the Korean housing. Although the layout of indoor space in the korean housing tends to be open, such an openness may be outstanding in living and dining spaces, kitchen and various accesses to rooms. In the case of Germany, such indoor spaces are usually closed to each other. Thus corridors act to separate these spaces. Such differences are analysed to be due to the different perceptions of interpersonal and socio-cultural attributes as intra-family and inter-neighbor relationships or communications.

• The Journal of the Korea Contents Association
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• v.20 no.8
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• pp.34-41
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• 2020

An era of stabilizing IoT markets and rapid expansion is coming. In an IoT environment, communication environments where objects take the lead in communication can occur depending on the situation, and communication with unspecified IoT environments has increased the need for thorough management of personal sensitive information. Although there are benefits that can be gained by changing environment due to IoT, there are problems where personal sensitive information is transmitted in the name of big data without even knowing it. For the safe management of personal sensitive information transmitted through sensors in IoT environment, the government plans to propose measures to enhance information protection in IoT environment as the use of non-identifiable personal information in IoT environment is expected to be activated in earnest through the amendment of the Data 3 Act and the initial collection method.

• Journal of Korean Library and Information Science Society
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• v.51 no.2
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• pp.319-353
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• 2020

Due to the COVID-19 pandemic, scholars at institutions of higher education around the world are transitioning their teaching, service, and research into online settings; for many this may be a new and challenging experience. While many of the best practices associated with research in traditional or face-to-face settings also apply to research in or via online settings, there are some additional challenges and nuances that researchers must adequately address and plan for due to the affordances and limitations of online settings. This paper discusses the key issues of privacy, informed consent, trust and trustworthiness, and retention through the literature and provides practical recommendations based on evidence and experience from two different online research projects. The reflections on and examples from these two research projects contextualize the above issues and act as evidence to inform research as a practice. The authors hope this evidence and practical guidance may help researchers better prepare for research in a socially distanced world.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.30 no.2
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• pp.253-261
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• 2020

This study examines the technologies and application processes related to the use of pseudonym data of companies after the passage of the Data 3 Act to activate the data economy in earnest, and what companies should prepare to use pseudonym data and what will happen in the process It was intended to contribute to the elimination of uncertainty. In the future, companies will need to extend the information security management system from the perspective of the existing IT system to manage and control data privacy protection and management from a third party provisioning perspective. In addition, proper pseudonym data use control should be implemented even in the data use environment utilized by internal users. The economic effect of market change and heterogeneous data combination due to the use of pseudonymized data will be very large, and standards for appropriate non-identification measures and risk assessment criteria for data utilization and transaction activation should be prepared in a short time.