• Title/Summary/Keyword: right to freedom

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A Study of Locke's Concept of Freedom of Speech as Proprietorship (소유권적 언론자유에 대한 일고찰 : 로크의 사회계약론을 중심으로)

  • Moon, Jong-Dae
    • Korean journal of communication and information
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    • v.17
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    • pp.7-36
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    • 2001
  • This thesis discussed the nature of freedom of speech with emphasis on Locke's theory of social contract. First, I examined the nature of freedom of speech induced from Locke's social contract, and argued that the nature of Locke's freedom of speech exists on the self-ownership of humans. Secondly, I studied how Locke's right of self-ownership was related to the right of freedom of speech and how it is realized in civil society. I could analyze how freedom of speech was actualized with un-equality in the social relations. Thirdly, I investigated how locke's possessive freedom of speech was materialized in the market society. I tried to find out the nature of freedom of speech actualization in the capitalist market society. Finally, 1 studied to what extent the state of Locke could intervene the freedom of speech and reconsidered the meaning of locke's limit of natural risht in modern society. Conclusively, Locke's notion of Natural Right and Law of Nature have greatly influenced contemporary idea of free speech. His idea helps understand the position of liberal democratic speech. It also shows well the relation of freedom of speech and Natural Right and has helped us understand freedom of speech in terms of the position of the right of property.

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A Study on Direction of the Electronic Government: with Focused on Freedom of Information

  • Kim, Taek
    • Journal of the Korea Society of Computer and Information
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    • v.20 no.10
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    • pp.113-119
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    • 2015
  • In this paper, we propose an efficient freedom of information and Information access right which improves transparent and speedy administration process. To build open Information, we scrutinize that causes of non access right and change of civil service consciousness, attitude for open information by effectively open system circumstances. The Important thing is basic information that is available to the public through an agency's FOIA Reference Guide, all agencies must notify potential FOIA requesters of the formal rules and requirements for the making and handling of FOIA request, through their FOIA regulations. The characteristics of this paper focused on Information access right, causes of non access right and proposed policy. In this paper, The author emphasize are as follows: first, to examine freedom of information' necessity and problem that scrutinize a theoretic analysis, second, to understand civil servant's attitude for the freedom of information, third, to suggest action plan and agenda for the better of Good Governance and Democracy of information.

A Study on the right to be forgotten in Digital Information Societies

  • Gu, Hyung-Keun
    • Journal of the Korea Society of Computer and Information
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    • v.22 no.10
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    • pp.151-157
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    • 2017
  • In the case of uploading privacy information of an information owner in the Internet, the information owner may want to deliver the privacy information itself or remove such information from the search list in order to prevent third parties from accessing the privacy information of the information owner. Such a right to be forgotten may collide with the freedom of expression of a third party. The right to be forgotten, which originates from the self-determination right on privacy information based on Article 10 and 17 of the Constitution and the freedom of expression, which is based on Article 21 thereof are all relative basic rights and are both limited by Item 2 under Article 37 of the same law, which is the general limitation provision for the basic rights. Therefore, when the right to be forgotten and the freedom of expression collides, it is not possible to give priority to one of the those unilaterally. It depends on the nature of the case at hand to find a natural balance for the harmonious solution for both parties. The criteria can be the sensitivity to the privacy of the information owner caused by the disclose of the privacy information, the public benefits such information may serve, the social common good that could be expected by the disclosure of the privacy information and the damages suffered in terms of the personal interest caused by the disclosure of the information, in a comprehensive manner.

Argument on the right to be forgotten and the freedom of expression-focused on the reforming the press arbitration system (잊혀질 권리와 표현의 자유를 둘러싼 논의 - 언론중재제도의 개선과 관련하여)

  • Hong, Sook-Yeong
    • Journal of Digital Convergence
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    • v.12 no.6
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    • pp.1-11
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    • 2014
  • With the drastic development of technology for almost eternally saving digital information, cases for giving sufferings to a person who deserves to enjoy privacy have increased. So I study the right to be forgotten focusing on the collision between that right and freedom of expression. I also study the concept of the right to be forgotten and its legal basis for the protection of that right. That right can be protected mainly by the self-decision making right under the Article 10, and secondly the privacy right under the Article 17 of the Constitutional Law. The Press Arbitration Law can be applied to protect the right to be forgotten, but that Law needs the revision of time-limit clause for complain, protection clause for the right to ask to delete factual past article, and the clause of staleness doctrine for the consent of giving personal information.

Legalization of Right to be Forgotten and Freedom of Press in the Digital Media Environment (디지털 미디어 환경에서 잊혀질 권리의 법제화와 언론의 자유)

  • Kim, Hyung-Il
    • Journal of Digital Convergence
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    • v.11 no.9
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    • pp.21-27
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    • 2013
  • With the advent of digital media environment, distribution way of information changes, legalization of the right to be forgotten is becoming increasingly necessary. However, too much emphasis on protection of personal information to hinder the development of the Internet industry and constitutional rights, including freedom of speech and right to know might be infringed. Thus, the scope of the right to be forgotten there is a need to clarify the rules. First, the rights of personal information can be divided into two. Right to be forgotten can be applied to the right to self-determination of personal information, but the right to self-determination information about social personality cannot be applied to. Second, in the digital media environment, old news article over the internet repeatedly distribution as the new damage is generating. Because old news article is a historical record, the right to be forgotten can not be applied. Thus, appropriate for digital media environment must find new ways.

A Study on Human Rights in North Korea in terms of Haewon-sangsaeng (해원상생 관점에서의 북한인권문제 고찰)

  • Kim Young-jin
    • Journal of the Daesoon Academy of Sciences
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    • v.43
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    • pp.67-102
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    • 2022
  • The purpose of this study is to analyze the human rights found in the North Korean Constitution and their core problem by focusing on elements of human rights suggested by Daesoon Jinrihoe's doctrine of Haewon-sangsaeng (解冤相生 the Resolution of Grievances for Mutual Beneficence). Haewon-sangsaeng is seemingly the only natural law that could resolve human resentment lingering from the Mutual Contention of the Former World while leading humans work for the betterment of one another. Haewon-sangsaeng, as a natural law, includes the right to life, the right to autonomous decision-making, and duty to act according to human dignity (physical freedom, the freedom of conscience, freedom of religion, freedom of speech, freedom of press, etc.), the right to equal treatment in one's social environment, and the right to ensure the highest level of health through treatment. The North Korean Constitution does not have a character as an institutional device to guarantee natural human rights, the fundamental principle of the Constitution, and stipulates the right of revolutionary warriors to defend dictators and dictatorships. The right to life is specified so that an individual's life belongs to the life of the group according to their socio-political theory of life. Rights to freedom are stipulated to prioritize group interests over individual interests in accordance with the principle of collectivism. The right to equality and the right to health justify discrimination through class discrimination. The right to life provided to North Koreans is not guaranteed due to the death penalty system found within the North Korean Criminal Code and the Criminal Code Supplementary Provisions. The North Korean regime deprives North Koreans of their right to die with dignity through public executions. The North Korean regime places due process under the direction of the Korea Worker's Party, recognizes religion as superstition or opium, and the Korea Worker's Party acknowledge the freedoms of bodily autonomy, religion, media, or press. North Koreans are classified according to their status, and their rights to equality are not guaranteed because they are forced to live a pre-modern lifestyle according to the patriarchal order. In addition, health rights are not guaranteed due biased availability selection and accessibility in the medical field as well as the frequent shortages of free treatments.

Effect of Positively Skewed Distribution on the Two sample t-test: Based on Chi-square Distribution

  • Heo, Sunyeong
    • Journal of Integrative Natural Science
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    • v.14 no.3
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    • pp.123-129
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    • 2021
  • This research examines the effect of positively skewed population distribution on the two sample t-test through simulation. For simulation work, two independent samples were selected from the same chi-square distributions with 3, 5, 10, 15, 20, 30 degrees of freedom and sample sizes 3, 5, 10, 15, 20, 30, respectively. Chi-square distribution is largely skewed to the right at small degrees of freedom and getting symmetric as the degrees of freedom increase. Simulation results show that the sampled populations are distributed positively skewed like chi-square distribution with small degrees of freedom, the F-test for the equality of variances shows poor performances even at the relatively large degrees of freedom and sample sizes like 30 for both, and so it is recommended to avoid using F-test. When two population variances are equal, the skewness of population distribution does not affect on the t-test in terms of the confidence level. However even though for the highly positively skewed distribution and small sample sizes like three or five the t-test achieved the nominal confidence level, the error limits are very large at small sample size. Therefore, if the sampled population is expected to be highly skewed to the right, it will be recommended to use relatively large sample size, at least 20.

Trend of Dispute on the Right to Be Forgotten and Acceptance Task of Internet Laws in Korea (잊혀질 권리의 논의 동향과 우리나라 인터넷 법제의 수용과제)

  • Chung, Sang-Ki;Kim, Kyung-Yeol
    • Journal of Information Technology Services
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    • v.12 no.1
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    • pp.131-141
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    • 2013
  • Matters related to the right to be forgotten started the dispute Europe to introduce it first when Data Protection Directive established in 1995 proceeded revision. Relating to this, diverse disputes proceed on responding to personal information protection and internet laws in our nation. Especially as our National Assembly submitted the law regarding the promotion of information and communication network use and protection of information and amendment of copyright, it is necessary to look into the movement on introduction of law of right to be forgotten closely in detail. EU which attempted the institutionalization for the first time, relating to review of General Data Protection Regulation, proposed opinions such as the necessity to define subjects of personal information concretely and specifically and or protection target and balanced consideration on freedom of expression which is constitutional value. In the case of our nation, there was legislation attempt to introduce the regulation but it was limited in the form of fallen effectiveness without concrete and detailed review on internet law. To solve such problems, it is necessary to look into issues and matters to be considered required to accept right to be forgotten closely and discuss possibility of introducing right to be forgotten, conflicts between fundamental rights becoming issue, effect of goal achievement of personal information protection through the system introduction, and other rational acceptance method.

Freedom of contract in the digital age and its implementation in modern technologies: theory and practice

  • Davydova, Iryna;Bernaz-Lukavetska, Olena;Tokareva, Vira;Andriienko, Iryna;Tserkovna, Olena
    • International Journal of Computer Science & Network Security
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    • v.21 no.12spc
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    • pp.544-548
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    • 2021
  • Scientific and technical development, as well as the emergence of new types of contracts, which do not have their expression in current legislation, force us to explore the issues of contract law to adapt to change. In this context, the principle of freedom of contract is fundamental, which states that each person has the right to enter into a contractual relationship at his discretion. However, such freedom is not absolute, because the freedom of one person should not violate the freedom of another. Together with the conflict of private and public interests, these phenomena are a field for the study of topical issues of theory and application of the principle of freedom of contract in practice. Research methods are philosophical, general scientific, and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis, etc. As a result of the research, the main characteristics of the principle of freedom of contract, its role for private law regulation of contract law are given; approaches to understanding the restriction of contract freedom are analyzed; typical examples and means of such restrictions are identified; demonstrated how contract freedom is embodied in the use of IT tools, which types of contracts are most common in the digital environment.

A Role of Religionists and Religious Newspapers for the Harmonious Society of Korea (종교인과 종교언론의 사회 통합적 역할 -종교신문을 중심으로)

  • Park, Gwang-Su
    • Journal of the Daesoon Academy of Sciences
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    • v.19
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    • pp.193-211
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    • 2005
  • Korean religionist have actively participated in the movements of national security and peace, human rights and dignity, freedom and equal rights, and other social issues. Recently, either progressive or conservative religionists have strongly shown their different approaches in solving social issues, i.e., national security and peace in connection of 'national security law.' A few religious leaders' public views have been misused by some politicians. It is important for both the religionists and journalists in religious newspapers how to bring a harmonious resolution among the people who are either in conservatism or in progressivism. Social participation of religionists is both to respond to the timely situation of civil society and to realize freedom, equality, and peace to the society. Although the principle of the separation of religion and state was established to secure both the right of politics and the freedom of beliefs, political groups have either utilized or suppressed religions. Some politicians have also wrongly applied separation of religion and state by excluding religious aspects in public schools. Religionists and journalists of the religious newspapers should not provide one-sided prejudice but to provide objective information and its righteous analysis to guide people in the right direction to solve social problems. Also, religious newspapers should open a field of discussion how to resolve some issues between the 'national security law' and freedom.

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