• Journal of the Korea Society of Computer and Information
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• v.24 no.8
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• pp.143-150
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• 2019

LGBT movements have been actively taking place since the late 20th century, 24 countries around the world have fully embraced same-sex marriage as a form of marriage, and implemented it into law. Therefore in this paper, arguments and discussion on prohibition of discrimination due to homosexuality are examined and reviewed under the Constitution of Korea, by looking at the discussion on homosexuality (sexual orientation), which is currently in progress in Korea. However, First, national consensus is deemed absolutely necessary to add a new prohibition ground. Second, specifying the grounds for prohibiting discrimination should take into account historical background and demands of the "oughtness." Third, it should be noted that the grounds for prohibiting discrimination specified in the Constitution are not subject to moral judgment. Fourth, in the case where homosexuality and/or sexual orientation are specified as grounds for prohibiting discrimination, the problems that may occur must be considered. the "National Human Rights Commission Act of Korea" Article 2, Subparagraph 1 defines the concept of "human right(s)," and also in Subparagraph 3, "sexual orientation" is enumerated as an example of "discriminatory act." Therefore, "National Human Rights Commission Act of Korea" Article 2, Paragraph 3 must be deleted.

• Journal of Communications and Networks
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• v.8 no.2
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• pp.163-168
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• 2006

This paper presents one possible approach for liberalization of the radio spectrum based around spectrum usage rights (SURs) which are technology and usage neutral. This is challenging technically because of the complexity of defining rights which are flexible and technology-neutral while retaining sufficient safeguards against interference. The work presented here is part of an ongoing process of defining and testing SURs. Of com is currently considering SURs, though is not committed to implementing them at this stage, and will issue further discussion documents on this area in due course.

• Journal of Information Technology Services
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• v.21 no.3
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• pp.27-42
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• 2022

Open Data is an essential resource for the data industry. 'Act On Promotion Of The Provision And Use Of Public Data', enacted on July 30, 2013, mandates public institutions to manage the quality of Open Data and provide it to the public. Via such a legislation, the legal basis for the public to Open Data is prepared. Furthermore, public institutions are prohibited from developing and providing open data services that are duplicated or similar to those of the private sector, and private start-ups using open data are supported. However, as the demand for Open Data gradually increases, the cases of refusal to provide or interruption of Open Data held by public institutions are also increasing. Accordingly, the 'Open Data Mediation Committee' is established and operated so that the right to use data can be rescued through a simple dispute mediation procedure rather than complicated administrative litigation. The main issues dealt with in dispute settlement so far are usually the rights of third parties, such as open data including personal information, private information such as trade secrets, and copyrights. Plus, non-open data cannot be provided without the consent of the information subject. Rather than processing non-open data into open data through de-identification processing, positive results can be expected if consent is provided through active rights processing of the personal information subject. Not only can the Public Mydata Service be used by the information subject, but Open Data applicants will also be able to secure higher quality Open Data, which will have a positive impact on fostering the private data industry. This study derives a plan to establish a rights processing platform to enhance the usability of Open Data, including private information such as personal information, trade secrets, and copyright, which have become an issue when providing Open Data since 2014. With that, the proposals in this study are expected to serve as a stepping stone to revitalize private start-ups through the use of wide Open Data and improve public convenience through Public MyData services of information subjects.

• Proceedings of the Korea Society for Industrial Systems Conference
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• 2003.05a
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• pp.23-26
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• 2003

인터넷의 발달은 전통적인 자연 발생적인 시장에 의한 상거래를, 기술에 의한 안전하면서 세계 시장을 쉽게 접근할 수 있는 전자상거래 구조를 제공하고 있다. 현재 전자상거래의 대상은 실물에 대한 상거래와 디지털 컨텐츠에 대한 상거래로 크게 분류할 수 있으며, 실물에 대한 상거래는 전통적 상거래 방식이 컴퓨터로 바뀐 상황이라고 볼 때, 디지털컨텐츠에 대한 상거래 즉, D-Commerce에 대한 상거래의 개념이 도래하고 있다. 디지털 컨텐츠의 상거래에 필요한 요소 기술에 대한 연구, 그리고 특히 새로운 유통 비즈니스 모델에 대한 연구가 필요하다. 디지털 컨텐츠는 생성, 가공, 유통, 분배 둥의 측면에서 많은 장점을 갖는 반면, 복사를 여러 번해도 원본의 품질에 손상 없이 쉽게 복사 될 수 있다는 것이 디지털 저작권 보호에 커다란 문제점으로 대두되고 있다. 디지털 저작권권리(Digital Rights Management: DRM)은 디지털 콘텐츠의 보호와 적절한 유통체계를 설립하여 안전하게 상거래를 할 수 있게 하기 위한 새로운 기술이다. XrML은 권리(Right)를 명시하는 언어로써 디지털 컨텐츠와 그에 따른 서비스들을 사용할 수 있는 권리와 조건들을 명시해준다. XrML은 현재 디지털 저작권권리(Digital Rights Management: DRM)에 가장 많이 쓰이고 있는 Rights Language이다. XrML은 ContentGuard가 개발한 DRM 서술 언어로 전 세계 산업계 표준으로 추진하기 위하여 파트너 회사 확대, 기능 확장, 무료/공개 형식으로 보급을 추진하고 있다.

• International Journal of Computer Science & Network Security
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• v.22 no.11
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• pp.199-203
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• 2022

The article aims at studying the institution of human rights and civil freedoms with due regard to the anthropological approach in the theory of law. To the greatest extent, the provisions of non-classical legal science are confirmed in the Anglo-Saxon legal family, which endows the judge with law-making functions. In this regard, the role of a person in the legal sphere is increasing. The main research method was deduction used to study the anthropological approach to the institution of human rights and freedoms. The article also utilizes the inductive method, the method of systematic scientific analysis, comparative legal and historical methods. To solve the task set, the authors considered the legal foundations and features of human rights and freedoms in the modern world. The article proves that the classical legal discourse, represented by various types of interpretation, reduces the rule of law to the analysis of its logical structure and does not answer the questions posed. It is concluded that the prerequisite for the anthropological approach in the theory of law is the use of human-like concepts in modern legislation (guilt, justice, peculiar ferocity, child abuse, willful evasion, conscientiousness).

• Journal of Science and Technology Studies
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• v.4 no.1 s.7
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• pp.31-57
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• 2004

Controversies over NEIS(Network of Education Information System) began with very deep concern about infringement of human rights stemming from NEIS. A large information system which accumulates and uses huge size of individual information is always able to deeply infringe on human rights. But the ministry of education would not do the best not to be 'Big Brother' being dazzled by instrumental efficiency of information technology. NEIS has demonstrated problems of the information policy of Korea strongly driven in the name of 'E-goverment'. It has very strong characteristic of the statist economic growth policy focusing on more economic possibility than other. In this situation, making money is easily considered more important than protecting human rights. Information capitalism is nurtured at the sacrifice of human rights. So, we have to face problems of 'E-goverment' in order to correct the NEIS problem, The most important task to correct the NEIS problem is to make an element law protecting privacy and to establish an independent national institute protecting privacy

• Korean Journal of Childcare and Education
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• v.10 no.6
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• pp.369-390
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• 2014

This study analyzed the educational contents related with child's human rights in a manual of the Nuri Curriculum for 5-year-olds based on the type and area of activity, 5 areas, and by life theme. The research results are as follows: First, the educational contents on child's human rights in activity type and area showed high frequency in the order of large and small group activity, child selected play activity, and outdoor activity, and among them, right to an education and right to play showed the highest frequency. Second, among the five categories, the area that conducts educational contents on child's human rights was the social relation category, and the area that showed the highest participation was the educational contents on human rights. On the other hand, the areas that were treated the least were physical activity and health. Third, the topic that treated the educational contents related with child's human rights was 'spring, summer, fall, winter,' and 'my family and I' treated educational contents on child's human rights in the lowest frequency. Also, whereas the right to education and right to play showed the highest frequency of educational contents on child's human rights among entire life themes, the educational contents on child's human rights of abuse and neglect(violence) were not treated at all in the entire life themes. Through the results of this study, it will be helpful in planning and deploying activities related with the child's human rights harmoniously, and intends to provide important basic data in organizing activities of human rights program linked with the elementary school. Furthermore, this study intended to provide basic information for developing a program of systematic child's human rights education for children in addition to the curriculum at a national level.

• Journal of Information Management
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• v.42 no.2
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• pp.1-21
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• 2011

The copyright law is the greatest legal tool for promoting access to knowledge and information by striking a balance between owners rights and users rights. For libraries, copyright limitations and exceptions are critical to meeting our missions to support learning and research, promote the flow of information, provide equitable access to information to the public, preserve intellectual and cultural heritage. Based on these reasons, this study analysed the limitation of copyright law of Korea for library, suggested improvement of reproduction for the library preservation and distribution including rental and lending, printout and transmission of internet information resources, copy of library materials which are rarely available through normal trade channel and government publications, reproduction and electronic transmission for persons with disabilities, and proposed fair use model(limitations on exclusive rights) for libraries.

• The KIPS Transactions:PartD
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• v.8D no.5
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• pp.613-622
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• 2001

As logistic environment of digital resources is rapidly changing, protection of the intellectual property for digital resources has been recognized as one of important issues. Digital Rights Management (DRM) has taken much interests from ISP, authors and publishers of digital content as an integrated approach to create a reliable environment for access and the use of digital resource. In this paper we proposed a dynamic digital rights management system based on adaptive agent theory (ARPA : Adaptive Resource Protection Agent) to address problems facing contemporary DRM approaches : static rights management problem solving and strengthened monitoring/tracking system. We introduced a dynamic mission control scheme to realize dynamic digital rights management. We incorporated adaptive agent theory to implement on-and off-line tracking and protection. Through the implementation of protype system, the process, the process dynamic digital rights protection will be demonstrated.

• The Korean Society of Law and Medicine
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• v.22 no.4
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• pp.185-210
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• 2021

On September 24, 2021, the new provisions(Article 38-2 of the Medical Service Act) mandatory CCTV installation in operating rooms where the unconscious patient is operating such as general anesthesia. The revised medical law aims to effectively prevent illegal activities that may occur in the operating rooms and to promote appropriate resolution to medical dispute. According to the law, medical institutions operating unconscious patients, such as general anesthesia, must install CCTVs in the operating rooms by September 25, 2023, and film surgical scenes only at the request of patients and their guardians, regardless of the consent of the medical personnel. The bill delegated the legislative device to minimize infringement of fundamental rights to subordinate statutes without stipulating it in the law.(Article 38-2(10)) The most realistic policy plan to minimize the infringement of the fundamental rights of patients is to prepare specific regulations. Therefore, this study examines the legislative background and main contents of the amended CCTV installation bill, and suggests issues to be reviewed when preparing subordinate statutes by analyzing major issues. It was reviewed based on compliance with the principle of minimizing infringement of fundamental rights of information subjects in the operating rooms. The information subjects of CCTV are health professionals and patients. Suggesting issues should be considered when preparing subordinate statutes so that the purpose of the CCTV installation law can be achieved while minimizing infringement of right of self-determination of personal information, personality rights, and human rights. It is hoped that this paper will be referred when discussing subordinate statutes and regulations to contribute minimizing infringement of fundamental rights.