• Title/Summary/Keyword: 권리보장의 확대

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An Exploratory Study of Afterschool-care Service Improvement : Focusing on Public Duty for Elementary Aftercare Policy (아동권리적 초등돌봄서비스 발전방안 탐색 -다함께돌봄정책 공공의 역할을 중심으로-)

  • Choi, Hyun-Nim;Sohn, Ga-Hyun
    • The Journal of the Korea Contents Association
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    • v.21 no.3
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    • pp.761-770
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    • 2021
  • The purpose of this study is to examine improvements of after-school care policy for elementary school-age children based on children's rights in the community. After-school care is important to support children right of survive and protect, as well as the right to development and participation. To support integrated child rights through the policy, local government's duty is growing in the Covid-19 world. Therefore, the main policy of out-of-school care is analyzed from the perspective of children's rights. Current after-care policy focuses on the right of protection privileges. Providing a safe facility is important, but there is a lack of policy design to expand children's options to learn by various activity which can be utilized with community resources as care contents. The role of government to this is requested to supplement accountability, fairness, democracy and public interest more than over quantitative expansion of services. This study presented an alternative based on the universal elementary care providing happy after-school hours.

A Study on the Possibility of Assuring 'The Right to be Forgotten' Through the Digital Extinction Technology (디지털 소멸 기술을 통한 잊힐 권리의 보장 가능성 연구)

  • Joo, Moon-ho;Lim, Jong-in
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.26 no.2
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    • pp.435-447
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    • 2016
  • As data can be permanently stored and freely distributed, in modern society, the Internet became a world that remembers everything forever. Because of that, there has been increasing the number of accident with never-forgetting data and, as a result, a movement has been emerged to apply a notion of 'oblivion' to internet world. The movement is called 'The right to be forgotten.' However, 'The right to be forgotten' in a higher level which internet users want to be guaranteed is very limited in the juridical approach because of the confliction with the other basic rights and problems. On the other hand, the requests of individuals to guarantee 'The right to be forgotten' has been urged digital extinction technology, such as volatile SNS, Digital Aging System, to be developed. With introduction of oblivion, digital extinction technology with setting expire date on digital information can present a new solution on assuring 'The right to be forgotten.' This research establishes the detail scope of, analyzes the level of assurance of, and, through digital extinction technology with the established scope, suggest the potential assurance of the 'The right to be forgotten'.

미국 전자정부와 공공정보 상용화 모델

  • Korea Database Promotion Center
    • Digital Contents
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    • no.11 s.162
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    • pp.94-106
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    • 2006
  • 미국정부는 공공정보의 상용화와 관련한 주도권을 적극적으로 민간기업에 이양함으로써 공공정보를 통한 고부가가치 창출에 성공을 거두고 있다. 미국 법률은 공공정보의 상용화를 보장하고 있으며, 이는 공법상 공공정보 관련 근거법은 존재하지만 실제로 공공정보의 상용화를 위해 필수적인 공공정보 활용 권리는 찾아보기 어려운 우리나라의 법률 실정과는 매우 대조적이다. 민간의 공공의 파트너십을 통한 공공정보의 상용화 모델은 정부 업무의 효율성 증진과 국민의 알권리 충족을 만족시키고, 참여 민주주의를 확대하고 경제적 측면에서도 큰 기대효과를 지니고 있다.

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A View on the Guarantee of Cultural Right of the Disabled (장애인의 문화적 권리 보장에 대한 소고)

  • Lee, Mun-Hwa
    • The Journal of the Korea Contents Association
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    • v.14 no.9
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    • pp.267-274
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    • 2014
  • The culture is an integral factor when we deal with the quality of life of members of society, and the cultural right is accepted as the basic right. However, the cultural right of the disabled in our society stays in the conditions of the discrimination and alienation by social prejudices and barriers against people with disabilities, and that results from the lack of understanding as a right. The aim of this study is to further raise awareness about the cultural right of the disabled as the basic human right, make it clear to be a universal right based on that, and insist on implementing 'Affirmative Action' for actualizing the disabled's cultural right to equality. The political measures derived from this study to guarantee and realize the cultural right of the disabled are as follows. First, the target extent of cultural voucher system should be expand to not recipients of national basic livelihood guarantees and near poverty groups, but all the disabled. Second, to take full charge of the cultural support of the disabled as a independent organization, it is necessary to establish Ministry of Culture, Sports and Tourism-affiliated 'Bureau of Culture for Persons with Disabilities'. Third, the nationwide survey on cultural activities and desires of the disabled periodically is required.

A Study on 'Romalpa' Clause under SGA (SGA상 'Romalpa' 조항에 관한 연구)

  • Min, Joo-Hee
    • Korea Trade Review
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    • v.42 no.2
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    • pp.391-410
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    • 2017
  • This study examines Romalpa clause as an extended or enlarged retention of title clause under SGA. Under a simple retention of title clause, the seller retains title to goods supplied until the goods have been paid. A simple retention of title gives the seller super-priority interest in other creditors of the buyer without registering a charge. Aluminium Industrie Vaassen BV v. Romalpa Aluminium Ltd introduced the concept of 'extended reservation of title(so called 'Romalpa clause') in English law. It is because the Court of Appeal held that under an extended reservation about title clause the seller can trace his title into money which constitutes the proceed of sale by the buyer of goods supplied by the seller. However, since Romalpa case, the courts are reluctant to uphold the seller's extended title. Under Romalpa clause, the seller attempts to extend his protection by laying claims to new products manufactured from his goods or to proceeds of sale by the buyer. Where the seller's goods are lawfully used by the buyer to create new goods, the property in the new goods will generally vest in the buyer. It is because there has been discomfort if the seller gains the windfall profit of the new goods. Moreover, regarding tracing proceeds of sale by the buyer, the courts held that the seller must establish fiduciary relationship with the buyer. If the fiduciary requirement cannot be established, the extended retention of title clause is seen as a charge over the proceeds, and void if not registered. For these reasons, it is difficult that the claims based on the extended retention of title clause would be upheld.

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A Legal Analysis of Identity Revelation of Malicious Crime's Suspect (강력범죄 피의자의 신상공개에 대한 법적 고찰)

  • Jeong, Cheol-Ho
    • The Journal of the Korea Contents Association
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    • v.12 no.7
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    • pp.156-168
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    • 2012
  • As the increase of violent crimes such as robbery, murder, and rape has become a social problem, the government is considering institutionalizing the identification of criminals to prevent crime and to guarantee people's right to know. Such an atmosphere led to the approval of the revision of 'Special Law On the Punishment of Specific violent Crimes' in the National Assembly in April 2010. The revision allows the revelation of the profiles of crime suspects including the pictures of their faces at the investigation stage. However, whether the revision had been effective in preventing crime has not been demonstrated empirically. Moreover, identity revelation is a grave intrusion into privacy and an abuse of human rights such as personal rights and the right to a fair trial, since personal information of criminal suspects would be released to the media prior to the court's final judgements. Also it violates the principle of presumption of innocence, the principles of due process, the principle of double jeopardy, the principle of prohibition against excessive, the principles of clarity, and the principle of liability.

A Comparison of Assessment of Child Friendly Cities by Parents and Child Service Providers in Selected Local Government (아동친화적인 지역사회에 대한 부모와 아동관계자의 인식 비교 - A기초자치단체를 중심으로-)

  • Kim, Jin-Sook
    • Journal of Digital Convergence
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    • v.15 no.11
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    • pp.49-60
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    • 2017
  • The purpose of this study was to examine the recognition of the Children's Rights Guarantees among parents and child service providers in a local community, and to explore ways to organize Child Friendly Cities. To this end, I analyzed survey data collected from a municipality based in Seoul, Korea, and discovered certain differences in recognitions of play and leisure, citizen and participation, safety and protection, health and social service, education, and housing. Among the six categories, the parents and child service providers recognized that education and housing were relatively well guaranteed whereas citizen and participation was less secure. Child service providers were more negative in the physical environment for building child-friendly community, while parents were more negative about the institutional / cultural environment, such as participation rights. Based on these findings, I suggested the following: First, the physical environment should refer to the standards of child welfare officers, and the institutional and cultural environment should refer to the parents' standards. Second, the participation of parents and child service providers as well as children should be expanded in the community decision-making process.

The Right To Be Forgotten and the Right To Delete News Articles A Critical Examination on the Proposed Revision of The Press Arbitration Act (기사 삭제 청구권 신설의 타당성 검토 잊힐 권리를 중심으로)

  • Mun, So Young;Kim, Minjeong
    • Korean journal of communication and information
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    • v.76
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    • pp.151-182
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    • 2016
  • The right to be forgotten (RTBF) has been a population notion to address privacy issues associated with the digitalization of information and the dissemination of such information over the global digital network. In May 2014, the European Court of Justice (ECJ) laid down a landmark RTBF decision to grant individuals the right to be de-listed from search results. ECJ's RTBF decision sparked an increased interest in RTBF in South Korea. Academic and non-academic commentators have provided a mistaken or outstretched interpretation of RTBF in claiming that removal of news articles should be read into RTBF in Korean law. Moreover, the Press Arbitration Commission of Korea (PAC) has proposed revising the Press Arbitration Act (PAA) to allow the alleged victims of news reporting to request the deletion of news stories. This article examines the notion of RTBF from its origin to the latest development abroad and also critically explores Korean laws regulation freedom of expression to evaluate if Korea needs the proposed PAA revision.

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A Study on the Extended Fair Use of Copyrighted Digital Contents (디지털 콘텐츠 저작물의 공정이용 확대에 대한 연구)

  • Kim, Seong-Mook
    • The Journal of the Convergence on Culture Technology
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    • v.6 no.2
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    • pp.217-222
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    • 2020
  • The concept and discussion of copyright should reflect changes in using environments of digital properties and developments of technology. Further discussions are required about protection, transfer and usage of copyright for user created contents or digital activities. Digital archives should clarify the ranges of permitted usage or guides to quotation. One should not be biased toward regulating digital copying, but consider the value of diverse transformation of digital properties. This will trigger tension between private and public usage, or sharing of digital fabrications, which leads to the necessity of discussions on policy level. The interpretation of copyright is limited to protecting the copyright owner's right, but it should be suggested to widen the range to permitting fair use. The extended fair use of digital contents and by clarifying specific rules will activate creation and distribution of digital contents and contribute to more productive usage of innovation.

A Study on the allowed range of viewing and copying right of criminal victim's investigation records (범죄 피해자의 수사기록 열람·등사권의 허용 범위에 관한 연구)

  • NAM, SEON MO
    • The Journal of the Convergence on Culture Technology
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    • v.5 no.1
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    • pp.127-137
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    • 2019
  • In this study, I set the allowable range of viewing / copying rights of investigation records on criminal victims and bereaved families in the procedure of investigation. I tried to grasp the contents of the suspect's statement at an early stage and support it in order to cope appropriately Recently, the social consideration of people suffering from crime victims is expanding in fact. The scope of the investigation is set by the lawyer of the suspect in relation to the subordinate statute concerning the investigation and reading of the investigation record. In parallel, it is necessary to apply to the victim's lawyer or bereaved. This is a part that coincides with the purpose of certifying private rights such as browsing of litigation records to the victim and ultimately has a purpose related to the allowable range. Although it is the right to receive the investigation result at each stage, it is not used properly. Especially when distorted investigation progresses, if the suspect is not prosecuted, the victim may be in a state of regret. The important part can be summarized as the question of whether the investigation of the victim's lawyer is allowed to view and access the criminal records. This section has been reviewed with a focus on the current Act and its functional aspects should be emphasized and revised in accordance with the legal environment. These findings will contribute to ensuring victims' rights in the future. It is also used as an important resource in the legislative process, including the revision of the criminal procedure law.