• Journal of the Korea Society of Computer and Information
• /
• v.17 no.5
• /
• pp.177-183
• /
• 2012

There occur various crimes in cyber space hiding behind anonymity to avoid punishment by criminal law. One of the most serious crimes committed in cyber space is defamation against others under the cloak of freedom of expression. The infringements by defamations in cyber space are made all of a certain and widespread that the victims have no time to react, and for that reason, the shocks by the defamation are much serious and severe compared with that committed in off line. However, press and publication shouldn't infringe on other's honors, right, public order or social ethics in liberal democrat society which values much the human dignities and values as stipulated in Article 21 section 4 of the Constitution. Protection of personal honor is also the basic rights guaranteed by the Constitution as much as the freedom of expression, and by extension, such harmful behaviour shouldn't be included in the freedom of expression area. In this way, slander can be considered as the minimum limitation of the freedom of expression.

• The Journal of the Korea Contents Association
• /
• v.15 no.2
• /
• pp.187-195
• /
• 2015

This paper purposes to identify who is/are in charge of KBS broadcasting programming in view of freedom of broadcasting and interest of audience under the circumstance that Blue House put pressure on KBS to refrain from reporting Sewol Ferry disaster. For this purpose this study has reviewed prior theses, books, journals, laws, and cases, etc. It is analyzed that principal agents in charge of freedom of broadcasting journalism and programming are KBS employees in charge of producing broadcasting programs and KBS chief programming officer, who is appointed by KBS CEO. KBS CEO, who can easily be influenced by governmental pressure in terms of KBS structure, should avoid interfering with programming and producing directly or indirectly for freedom of the press and public interests.

• Journal of Chest Surgery
• /
• v.44 no.2
• /
• pp.108-114
• /
• 2011

Background: Homograft cardiac valves and valved-conduits have been available in our institute since 1992. We sought to determine the long-term outcome after right ventricular outflow tract (RVOT) reconstruction using homografts, and risk factors for reoperation were analyzed. Materials and Methods: We retrospectively reviewed 112 patients who had undergone repair using 116 homografts between 1992 and 2008. Median age and body weight at operation were 31.2 months and 12.2 kg, respectively. The diagnoses were pulmonary atresia or stenosis with ventricular septal defect (n=93), congenital aortic valve diseases (n=15), and truncus arteriosus (N=8). Mean follow-up duration was $79.2{\pm}14.8$ months. Results: There were 10 early and 4 late deaths. Overall survival rate was 89.6%, 88.7%, 86.1% at postoperative 1 year, 5 years and 10 years, respectively. Body weight at operation, cardiopulmonary bypass (CPB) time and aortic cross-clamping (ACC) time were identified as risk factors for death. Forty-three reoperations were performed in thirty-nine patients. Freedom from reoperation was 97.0%, 77.8%, 35.0% at postoperative 1 year, 5 years and 10 years respectively. Small-sized graft was identified as a risk factor for reoperation. Conclusion: Although long-term survival after RVOT reconstruction with homografts was excellent, freedom from reoperation was unsatisfactory, especially in patients who had small grafts upon initial repair. Thus, alternative surgical strategies not using small grafts may need to be considered in this subset.

• Journal of Korean Library and Information Science Society
• /
• v.44 no.1
• /
• pp.333-355
• /
• 2013

This paper is to examine the issues of the right of portrait and to suppose practical guideline for performing arts archives. The right of portrait protects external looks of the human beings based on the constitutional human dignity, privacy of a secret and freedom. But sometimes these rights are limited in case of the right to know of the public shall have precedence to the interests of the privacy of individuals. It is hard to regard Performing Arts as a private life in two respects: first, Performing Arts is just one of societal expressions, two, performers are conducting a given role as a performing character. Producing database with the photos and videos under the reasonable agreement from the performers and making it available as a service can be disclaimers of the right of portrait. It is hard to be acknowledged, however, as disclaimers in case of being undermined sameness in the course of using the portraits of the performers.

• Journal of Information Technology Services
• /
• v.13 no.3
• /
• pp.149-164
• /
• 2014

The laws and policies governing Korea's game regulations are becoming more and more topics for debate as we enter the Age of Internet. The nature of the basis for Internet regulations and policies are not rooted in freedom of speech or fundamental values of democracy, but rather focused on solving real-world problems such as protection of the youth. Furthermore, the reality is that regulatory devices for keeping the social order such as regulating gambling are being applied directly to games without consideration on the characteristics of Internet gaming, raising concerns that the expansion of constitutional values and innovative empowerment inherent to the Internet are being weakened. The Geun-Hye Park Administration which succeeded Myung-Bak Lee's Administration, even went so far as to implement the so-called "Shutdown Policy", which prohibits access to Internet games during pre-defined time zones and also instigated a time zone selection rule. In order to curb the gambling nature of Internet games, government-led policies such as the mandatory personal identification and prohibition of player selection or in other words mandatory random player selection are being implemented. These institutions can inhibit freedom of speech, which is the basis of democracy, violate the right of equality through unreasonable discrimination between domestic and foreign service providers, and infringe upon the principles of administrative law, such as laws, due process in policies, and balance in among policies and governmental bodies. Going forward, if Korea's Internet game regulations and polices is to develop in a rational manner, regulatory frameworks will need to be designed to protect the nature of the Internet and its innovative values that enable the realization of constitutional values; for example, the Internet acting as the "catalytic media for freedom of expression as a fundamental human right ", which has already been acknowledged by the Korea's Constitutional Court. At the same time, transparent procedures should be put into place that will allow diverse participation of stakeholders including game service providers, game users, the youth and parents in the legislation and enforcement process of regulatory institutions; policies will also need to be transformed to enable not only regulatory laws but also self-regulation system to be established. And in this process, scientific and empirical analysis on the expected effects before introducing regulations and the results of enforcing regulations after being introduced will need to be strengthened.

• Journal of the Korean BIBLIA Society for library and Information Science
• /
• v.27 no.4
• /
• pp.281-299
• /
• 2016

The study aims to discuss various issues on administrative information dissemination of local governments based on analysis of local legislations related to freedom of information. As a theoretical study, it reviews a history and significance of the administrative information dissemination. Furthermore, this study analyzes articles related to administrative information dissemination which are defined by local legislations. As a result, firstly, it confirms that there are a number of cases which those articles are inadequate. Secondly, this study classifies articles related to administrative information dissemination into five types, including the A type which separately contains two different administrative information dissemination contents to the D type which only describes management aspects of administrative information dissemination, and the E type which does not define any articles related to administrative information dissemination.

• 중국학논총
• /
• no.65
• /
• pp.193-213
• /
• 2020

Chen Du-xiu, a leading thinker and revolutionist in modern China, is the person who showed an ideological upheaval from liberalism to socialism. He called for personal freedom and the values of the individual, but when he came upon a national crisis and the Russian Revolution succeeded, he converted to socialism. In the process, he combined democracy with ethnicity to lay the foundation for Chinese social democracy. As one of representative thinkers of modern China, he changed his position for Chinese people and Chinese society, and it soon formed the basis of modern Chinese socialism, emphasizing the right to the survival of the people and people's democracy.

• The Korean Society of Law and Medicine
• /
• v.20 no.1
• /
• pp.3-24
• /
• 2019

This research examines the constitutional meaning of the right to health through reviewing the decisions of the Constitutional Court and proposed amendment of the Constitution issued by the President. This article further discusses the relationship between the right to a humane livelihood and the right to health. Health is a fundamental freedom and inalienable human right which is a prerequisite to accomplish individual's independent activity and realization of value. Thus, the government is obligated to protect and uphold the right. Article 36(3) of the Constitution delineates the government's duty to protect and fulfill the right to health. Through the interpretation of both Article 36(3) and Article 34 of the Constitution, I suggest that the right to health implies 'the right to social security for health'. The Constitutional Court has narrowly interpreted the scope of the right to a humane livelihood by defining the term as "minimum material living standards". However, it should be interpreted as 'the right to enjoy a healthy and cultural life for human dignity' and setting the level of protection is solely on the discretion of the legislative branch. Ultimately, the judicial review on the right to a humane livelihood connects with the issue of rational control for legislative discretion.

• Journal of Convergence for Information Technology
• /
• v.8 no.2
• /
• pp.141-148
• /
• 2018

The purpose of this paper is to explore the scope of realization of multiple perspectives so that the implementation of the right to be forgotten is more realistic than the ideal information deletion concept. We examined domestic and foreign legal system and technology/service trends, and reflected the classification realization level of service realization, processing type and information characteristics of personal information processor, and legislative/technical factors for multi-level scope analysis. As a result, we have presented a matrix of the range of realization of the right to be forgotten and the scope of diversified regulation by the subject of protection. This study will be extended to the convergence of law and engineering, and will contribute to the prediction of social costs and expansion of the market by identifying the scope of 'deletion rights'.

• 한국사회정책
• /
• v.25 no.2
• /
• pp.3-29
• /
• 2018

By examining care from a normative perspective projected in the Constitution of South Korea, this paper attempts to assess care from the standpoint of justice and establish the status of care as a concrete political value. The point that this paper focuses on in the Constitution is about the "human worth and dignity" and "right to pursue happiness" clauses of the Article 10 at the beginning of Chapter II which defines the rights and duties of citizens. The clauses of "human worth and dignity" and the "right to pursue happiness" are generally interpreted as the highest values of the constitutional order. While exploring the human dignity and the pursuit of happiness clauses in light of care, this paper intends to address the value of care as human dignity, which is the highest ideology and constitutional principle of the Constitution and, at the same time, the limitation of explaining the freedom to care with a liberal concept of freedom implied in the pursuit of happiness. Ultimately, this paper argues for the justification of putting 'care' in the Constitution. In the end, this paper aims to emphasize the significance of care as a guiding principle for the maintenance of our lives and society, a primary principle of social regulation and public governance, and a direction for a just state which can identify and rectify care injustices.