• Title/Summary/Keyword: 간접침해

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법제코너- 사이버 프라이버시는 없다(?)

  • Seong, Seon-Je
    • Digital Contents
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    • no.4 s.131
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    • pp.120-128
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    • 2004
  • 명예훼손에서‘사실의 적시’는 사실을 직접적으로 표현한 경우에만 한정되는 것은 아니고, 간접적이고 우회적인 표현에 의하더라도 그 표현의 동기와 의도가 그와 같은 사실의 존재를 암시하고, 또 이로써 특정인의 사회적 가치 내지 평가가 침해될 가능성이 있다면 명예훼손의 요건을 만족시킬 수 있다. 그렇다면 사이버스페이스에서의 명예훼손은 어디까지이고 어떤 표현을 구체적인 명예훼손으로 인정해야 하는지 그 범위와 개념에 대해 알아보고, 사이버스페이스에서의 명예훼손을 방지하기 위한 제도적, 기술적 대책 등성선제에 관해 사례 중심으로 살펴본다.

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A Study on Damage caused by Space Activity (우주활동으로 인한 손해배상에 관한 법적 고찰)

  • Cho, Hong-Je;Shin, Dong-Chun
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.1
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    • pp.103-122
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    • 2012
  • Nowadays, advanced countries and international community in which provide many services and profits due to rapid progress space science and technology whereas there is rising possibility of damage by collision of space object and increase of space debris. I will propose the concept and range of damage in the basis of review of space treaty and space liability convention as form of international order to fair and complete compensate to victim of accident and hazardous space activity. And, I will try to discuss possibility of compensation on personal damage and mental damage, scope of material damage, possibility of compensation about environmental contamination, issue of satellite data sending, place of damage, and so on. Also, I would like to propose establishment of space tribunal and regional cooperative agency.

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Effect of Curing Temperature and Time on Measuring Fundamental Properties of Asphalt Mixture (양생온도 및 시간이 아스팔트 혼합물의 기초특성치 측정에 미치는 영향)

  • Kim, Kwang-Woo;Hong, Sang-Ki;Oh, Heung-Lak;Lee, Soon-Jae
    • International Journal of Highway Engineering
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    • v.4 no.4 s.14
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    • pp.13-21
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    • 2002
  • This study examines the importance of conditioning temperature and period before measuring fundamental properties of asphalt mixture. Marshall specimens were made and cured in the air for one day and conditioned by submerging at $60^{\circ}C$ water for 30 min before loading. It was observed that if the specimen was cured in a lower (or higher) than normal lab temperature ($25^{\circ}C$) before submerging, the measured values were not consistent. Indirect tensile strength (ITS) was also measured on the specimens cured at different temperatures. Although there is no regulation specifying how long the specimen should be conditioned before testing, it is recommended that the conditioning time be for the specimen to be at $25^{\circ}C$. Test must be conducted for the specimen cured well before conditioning for desired test. If curing temperature was lower or higher than normal, and mixture was not properly cured, then test results would not be reliable. This study showed how long the specimen should be submerged at $60^{\circ}C$ for Marshall test and conditioned at $25^{\circ}C$ for ITS test for the specimens cured in different temperature.

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사이버 안보 대응 역량 강화방안 연구

  • An, Yoo-Seong
    • Review of KIISC
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    • v.24 no.6
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    • pp.60-68
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    • 2014
  • 최근 현실 공간에서의 물리적 공격(Hard Attack)이 가상공간을 통한 사회 공학적 공격 및 정보기반통신망 공격(Soft Attack)으로 변화하고 있다. 이에 따라 군사(방위산업) 및 국가 주요정책정보에 대해 정보통신망을 통한 각종 정보의 해킹등 전자정부 사회간접시설 및 공공서비스의 기능에 대한 침해가 빈발하고 있다. 사이버공간에서의 국가안전보장을 위한 활동은 사후방어보다는 사전예방이 중요하며, 이를 위해서는 사이버공격 징후의 포착과 종국적인 책임기관에 의한 통합적 대비가 필요하다. 이러한 업무를 효율적으로 수행하기 위해서는 대통령실을 정점으로 국가안전보장을 종국적으로 책임지는 기관이 국가 사이버위기의 예방 및 방어 전략을 체계적 통합적 관리할 수 있도록 입법적 대응방안을 마련하는 것이 매우 시급한 과제이다.

A Study on the Copyright Protection Liability of Online Service Provider and Filtering Measure (온라인서비스제공자(OSP)의 저작권보호 책임과 필터링)

  • Oh, Yeong-Woo;Jang, Gye-Hyun;Kwon, Hun-Yeong;Lim, Jong-In
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.20 no.6
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    • pp.97-109
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    • 2010
  • Although the primary liability for online copyright infringement may fall on the individual who illegally copies, transfers, and/or distributes the copyrighted content, the issue of indirect liability for Online Service Providers (OSPS) that provide a channel for the distribution of illegal content has recently come under the spotlight. Currently, in an effort to avoid liability for indirect copyright infringement and improve their reputation, most OSPs have voluntarily applied filtering technology. Under the Copyright Act of Korea, special types of OSPS including P2P and Web-based Hard Drive (WebHard) are required to incorporate filtering technology, and may be charged with penalties if found without one. However, despite the clear need for filtering mechanisms, several arguments have been set forth that question the efficacy and appropriateness of the system. As such, this paper discusses the liability theory adopted in the US. -a leader in internet technology development-and analyzes the scope of liability and filtering related regulations in our copyright law. In addition, this paper considers the current applications of filtering as well as limits of the applied filtering technology in OSPS today. Finally, we make four suggestions to improve filtering in Korea, addressing issues such as clarifying the limits and responsibilities of OSPS, searching for cooperative solutions between copyright holders and OSPS, standardizing the filtering technology to enable compatibility among different filtering techniques, and others.

A Study on the provisions relating to 'the collective civil appeals spot' in the Security Services Industry Act (경비업법상 '집단민원현장' 관련규정에 관한 연구)

  • Lee, Sanghun
    • Convergence Security Journal
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    • v.15 no.6_2
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    • pp.55-63
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    • 2015
  • Like a violence occurred by security guardians in the Yoosung or SJM Enterprise, a series of security company in Korea has repeated illegal conduct. So human rights violations are getting to be very heavy. The National Police Agency, the controller of the Security Services Industry Act, requires stricter regulations for the defense industry direction. here followed the research about some provisions in the Security Services Industry Act relating to 'the collective civil appeals spot' examining the contents of the Problems and discussed about it.

The Suggestion for Improvement of the Education System of Private Security Employees (민간경비원 교육과정의 문제점과 개선방안)

  • Ahn, Hwang-Kwon;Kim, Il-Gon
    • Convergence Security Journal
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    • v.12 no.2
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    • pp.13-21
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    • 2012
  • The purpose of this study is to profile actual conditions of personal information protection systems operated in overseas countries and examine major considerations of personal information that security service providers must know in the capacity of privacy information processor, so that it may contribute to preventing potential occurrence of any legal disputes in advance. Particularly, this study further seeks to describe fundamental idea and principle of said Personal Information Protection Act; enhancement of various safety measures (e.g. collection/use of privacy data, processing of sensitive information/personal ID information, and encryption of privacy information); restrictions on installation/operation of video data processing devices; and penal regulations as a means of countermeasure against leakage of personal information, while proposing possible solutions to cope with these matters. Using cases among foreign countries for this study.

A Study on the Private Investigator System in U.S.A. (미국의 탐정제도에 관한 연구)

  • Kang, Young-Sook;Kim, Tae-Hwan
    • Korean Security Journal
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    • no.12
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    • pp.25-50
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    • 2006
  • Private detectives and investigators offer many services, including executive, corporate, and celebrity protection; pre-employment verification; and individual background profiles. They also investigate computer crimes, personal injury cases, insurance claims and fraud, child custody and protection cases, missing persons cases, and premarital screening. This paper focuses on a private detective or investigator system in most developed U.S.A, but it is not easy to describe that system. Licensing requirements vary in U.S.A. Some States have few requirements, and many other States have stringent regulations. A growing number of States are enacting mandatory training programs for private detectives and investigators. Employment and need of private detectives and investigators is expected to grow faster than the average for all occupations. Thus, it is reasonable that korean government should permit private investigation service find the way to minimize the side effects of private investigation service instead of banning the service totally.

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Video Software Dealers Association v. Arnold Schwarzenegger(2009) of the United States Court of Appeals, Ninth Circuit and its Implication to the Korean Game Law (폭력성 비디오게임에 대한 미국 연방순회항소법원판결이 한국게임법제도에 주는 시사점 : Video Software Dealers Association v. Arnold Schwarzenegger(2009))

  • Park, Min;Hwang, Seung-Heum
    • Journal of Korea Game Society
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    • v.10 no.1
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    • pp.65-78
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    • 2010
  • In Video Software Dealers Association v. Arnold Schwarzenegger, the federal 9th Circuit Court decided that a California law imposing restrictions and a labeling requirement on the sale or rental of violent video games to minors (the "Act") violated rights guaranteed by the First and Fourteenth Amendments to the United States Constitution because: (1) the state introduced insufficient evidence to support a compelling interest that video games created psychological or neurological harm, (2) the Act was not the least-restrictive alternative to negate the harm, and (3) the lower, rational basis standard applicable to commercial speech did not apply to the Act's labeling requirements because the required label did not convey factual information. On the contrary, Korean Constitutional Court decided that "Harmful Medium to Youth" and "Preliminary Rate Classification" would be constitutional. However, under the least-restrictive method rule of the U. S. Court and Korean Court, overlap application of "Harmful Medium to Youth" and "Preliminary Rate Classification" could be a problem and it would be possible that stronger regulation among these would be found as unconstitutional.

Behavioral Contextualization for Extracting Occupant's ADL Patterns in Smart-home Environment (스마트 홈 환경에서의 재실자 일상생활 활동 패턴 추출을 위한 행동 컨텍스트화 프로세스에 관한 연구)

  • Lee, Bogyeong;Lee, Hyun-Soo;Park, Moonseo
    • Korean Journal of Construction Engineering and Management
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    • v.19 no.1
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    • pp.21-31
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    • 2018
  • The rapid increase of the elderly living alone is a critical issue in worldwide as it leads to a rapid increase of a social support costs (e.g., medical expenses) for the elderly. In early stages of dementia, the activities of daily living (ADL) including self-care tasks can be affected by abnormal patterns or behaviors and used as an evidence for the early diagnosis. However, extracting activities using non-intrusive approach is still quite challenging and the existing methods are not fully visualized to understand the behavior pattern or routine. To address these issues, this research suggests a model to extract the activities from coarse-grained data (spatio-temporal data log) and visualize the behavioral context information. Our approach shows the process of extracting and visualizing the subject's spaceactivity map presenting the context of each activity (time, room, duration, sequence, frequency). This research contributes to show a possibility of detecting subject's activities and behavioral patterns using coarse-grained data (limited to spatio-temporal information) with little infringement of personal privacy.