• Convergence Security Journal
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• v.15 no.7
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• pp.69-74
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• 2015

Korea has established diplomatic relations with 190 countries in the world. It opened its diplomatic offices in 113 countries. Korea raised its status in international society through multinational force peace activities, national defense cooperation activity and UN peace maintenance activity for the maintenance of world peace. But there have been vio lent crimes by terrorist organizations and armed groups that try to achieve their political, religious and ideological go als greatly damaging Koreans working in overseas countries. This research studied the tendency of international terr orism against Koreans. The suggestion and conclusion are as follows. First, the study shows that armed groups and extremists have threatened and attacked Koreans in overseas countries. But there aren't enough personnel who can i mmediately and correctly analyze and respond the threats and attacks. So it is urgent to raise experts continually an d develop manuals to respond the attacks. Next, the damaging targets in overseas countries have been changed from hard targets to soft targets. There could be a limit in the restriction of basic rights of people by governmental agenc ies. So it is necessary for people to show mature civic awareness not going to a tourism-prohibited area.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.295-326
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• 2015

Under the revision of medical law on February 1, 2012, health care providers are banned from opening 2 or more medical institutions and being involved in managing the institutions. However, purpose of the legislation of the revised law is unclear and even confirmation of such purpose of the legislation based on the calculation of multiple legislative backgrounds cannot be appropriate means of achieving such purposes. This article confirms and reviews the development of revision of medical law and history of the principle of 'one person-one medical institution', and legislative purpose of the revised medical law as well as examines unconstitutionality of such revision based on limited fundamental rights by the revision, principle of clarity, and principle of the prohibition of excessive restriction.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.29 no.5
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• pp.1191-1204
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• 2019

In January 2019, the government revised the regulation on electronic financial supervision to revitalize the use of cloud in the financial sector. However, as cloud policies and regulations cloud undermine financial firms' autonomous security activities or restrict some of the people's basic rights, there has been little movement in the financial sector to use important information as the cloud. In addition, the data localization policy, which requires important information to be kept only in Korea, is a representative regulation that prevents the revitalization of cloud use, which also creates discrimination problems for overseas operators. Therefore, policy and regulatory improvements are needed to enable the cloud to provide a foundation for digital financial innovation through data. This study looked into the current status of cloud policies for domestic and foreign financial companies and analyzed policies and regulations for domestic financial companies. Through these efforts, the government aims to draw up limitations and problems in cloud policies for domestic financial companies and propose policy alternatives, such as measures to improve regulations on localizing data for financial companies to revitalize their use of cloud.

• Proceedings of the Korea Water Resources Association Conference
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• 2016.05a
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• pp.522-522
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• 2016

우리나라의 488개 유인도 중 강수량 부족 혹은 지하수의 수질문제 등으로 상습적 식수난을 겪고 있는 도서지역은 237개에 이르고 있다. 이들 도서지역은 생활용수를 우물, 간이상수도, 운반급수 등에 의존하고 있지만 이중 47%의 도서는 간이급수시설이 전무한 실정이다. 2015년에는 인천시 옹진군의 소청도, 대청도에 장기간 지속된 가뭄으로 식수원이 고갈되어 3일에 1시간으로 급수를 제한하였고 이로 인해 식수난 문제 외 관광산업의 소득저하 등의 문제가 발생되어 원활한 물공급문제가 해결되지 않으면 도서지역의 위기는 심각할 것으로 우려된다. 도서지역의 기본권인 먹는 물 문제를 해결하기 위해 정부 및 지자체에서는 소규모 유인도서에 해수담수화시설을 설치하여 유지관리 및 운영을 위한 인력을 배치하고 수동으로 조작하거나 단순 자동운전에 의해 운영 및 관리되고 있는 실정이다. 본 연구에서는 해수담수화시설의 안정적이고 효율적인 운영을 위해 지능적 수운영 알고리즘을 개발하였다. 제어시스템, 감시시스템, 계측시스템 등의 ICT 기술과 연계하여 수요를 정확히 예측하고, 실시간 전력비용과 저류량, 사용량 등을 통합적으로 고려하였으며 적시정량을 생산하여 저장 및 공급하며, 목표수질과 수량을 원활하고 안정적으로 공급할 수 있도록 제어 및 감시를 통한 지능적 수운영을 목적으로 연구하였다. 데이터의 수집과 전송, 분석, 제어, 감시 활동이 유기적으로 결합되어 용수의 생산과 분배, 공급활동을 자동화함으로 운영상의 리스크를 줄여주며, 필요시 통합운영센터에서의 의사결정을 지원할 수 있도록 개발하였다. 향후, 해수담수화시설뿐이 아닌 일반 상수도 수운영에 있어서의 취수, 도수, 정수, 배수지관리, 송수, 관망관리까지 자동화된 시스템을 개발하여 지능적 운영관리가 가능하도록 알고리즘 모델 및 프로그램을 제시하고자 한다.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.105-162
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• 2020

In the pandemic of infectious disease, restrictions of individual liberty have been justified in the name of public health and public interest. In March 2020, the National Assembly of the Republic of Korea passed the revised bill of the 「Infectious Disease Control and Prevention Act.」 The revised bill newly established the legal basis for forced testing and disclosure of the information of confirmed cases, and also raised the penalties for violation of self-isolation and treatment refusal. This paper examines whether and how these individual liberty limiting clauses be justified, and if so on what ethical and philosophical grounds. The authors propose the theories of the philosophy of law related to the justifiability of liberty-limiting measures by the state and conceptualized the dual-aspect of applying the liberty-limiting principle to the infected patient. In COVID-19 pandemic crisis, the infected person became the 'Patient as Victim and Vector (PVV)' that posits itself on the overlapping area of 'harm to self' and 'harm to others.' In order to apply the liberty-limiting principle proposed by Joel Feinberg to a pandemic with uncertainties, it is necessary to extend the harm principle from 'harm' to 'risk'. Under the crisis with many uncertainties like COVID-19 pandemic, this shift from 'harm' to 'risk' justifies the state's preemptive limitation on individual liberty based on the precautionary principle. This, at the same time, raises concerns of overcriminalization, i.e., too much limitation of individual liberty without sufficient grounds. In this article, we aim to propose principles regarding how to balance between the precautionary principle for preemptive restrictions of liberty and the concerns of overcriminalization. Public health crisis such as the COVID-19 pandemic requires a population approach where the 'population' rather than an 'individual' works as a unit of analysis. We propose the second expansion of the harm principle to be applied to 'population' in order to deal with the public interest and public health. The new concept 'risk to population,' derived from the two arguments stated above, should be introduced to explain the public health crisis like COVID-19 pandemic. We theorize 'the extended harm principle' to include the 'risk to population' as a third liberty-limiting principle following 'harm to others' and 'harm to self.' Lastly, we examine whether the restriction of liberty of the revised 「Infectious Disease Control and Prevention Act」 can be justified under the extended harm principle. First, we conclude that forced isolation of the infected patient could be justified in a pandemic situation by satisfying the 'risk to the population.' Secondly, the forced examination of COVID-19 does not violate the extended harm principle either, based on the high infectivity of asymptomatic infected people to others. Thirdly, however, the provision of forced treatment can not be justified, not only under the traditional harm principle but also under the extended harm principle. Therefore it is necessary to include additional clauses in the provision in order to justify the punishment of treatment refusal even in a pandemic.

• Korean Security Journal
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• no.36
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• pp.349-386
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• 2013

This research analyzes and evaluates The Korean Security Industry Law(TKSIL) putting the regulation of the present government about the private security industry. It nowadays becomes the important axis of the police services offered in the aspect of 'the national life safety' in connection with 'the materialization of society which is safe from the crime'. TKSIL is one of the national administration strategies which Park Gun-hye government aims on supervision policy. After seeking out the core values of the private security industrial policy which sets up in order to approach the national life safety which Park Gun-hye government aims, we make some assessments of this revised security industry law systematically. Particularly all keynote of policy about the private security of the police tried to be confirmed and the desirable direction of policy tries to be presented as to the security industry law application and real operation. In the site of organized civil complaint, the revised security industry law was revised as the direction which intensifies the administrative regulation as to the partial regulation such as it established the reason of the introduction of the arrangement license system. And grounds for disqualification of security instructor and guard, and rules of punishment is intensified order to intercept previously illegal and violent act of the security company etc. However it has the feature that it accomplishes 'the law principle(principle of statute)' the substantial portion through the effort of them changing a lot the content for the form of the law when being the clauses of the fundamental human rights limit, although it has been prescribed in "the security industry law enforcement ordinance" or "the security industry law enforced regulation". The security industry law revised this time brought from the change of the sharp policy through the revision of 17 clauses or new establishment. It can divide into 4 categorizes. (1) strictness of punishment in the site of organized civil complaint (2) Intensification of throwing out for the violation person in the private security business market time-limitedly (3) Intensification of the legal guide supervision power of police (4) upstream of the capital, name tag attachment under compulsion and the limit about other equipment use etc. Essentially "the security industry law" cannot help regulating the national interference of the private security and regulation with this content. However as to this interference and regulation, the limit has to be possible within reasonable range. As the history proved, excessive regulation by the country is not only due to bring the distortion of the security system of nation but also provoke national social cost. It can't be disregards ever that it premises the harmony which appropriate as well as reasonable in the socio-economic dimension for drawing the best combination that all things which get the compulsory education, it limits the person providing the private security service to the corporation, or it limits to the certificate of qualification holder are the ultimate for 'the safety of the national life'.

• Korean Security Journal
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• no.50
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• pp.91-115
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• 2017

Recently the characteristics of those who committed serious terrorist crimes are not directly related to the direct command system of a specific terrorist organization (ex. IS) but are influenced by the political propaganda of terrorist organizations online, Terrorist crime under the loose form of the terrorist organization. Therefore, this study suggests ways to improve countermeasures against terrorism in metropolitan subways. Although it is important for the prevention of terrorism in the subway, it is important for the police officers of the subway police and the special police officers of the railway to have a physical limit to take charge of them, and after confirming that improvement measures are necessary, And pointed out the possibility of establishing independent security departments where judicial and administrative control is not feasible to grant police rights. In addition, I pointed out how to improve the safety of subways in the metropolitan area through the recruitment of core job candidates and the identity survey during the subway operation. Furthermore, it was confirmed that a special council on terrorism, which can take into consideration the characteristics of subway terrorism, such as airports and ports, is required to be established in charge of terrorism prevention under the current Anti-Terrorism Act. Finally, it is once again emphasized that the strengthening of the powers of the counterparts to terrorism must inevitably limit the basic rights of the people, so the principle of proportionality must be observed in their activities.

• Convergence Security Journal
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• v.18 no.2
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• pp.167-177
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• 2018

Major countries, such as the U.S., UK and Germany have reformed their national intelligence systems in the face of transnational, asymmetric and comprehensive threats since September 11, 2001 and have strengthened the intelligence capacity involved in countering terrorism and WMD proliferation, right/left extremism threats. The Korean Moon Jae-in government is preparing a reform plan to eliminate illegal political intervention and abuse of power by the National Intelligence Service(NIS) and to rebuild it as an efficient national intelligence agency for national security. In discussing the reform direction of the NIS, it is necessary to discuss in detail whether adopting a separate model of intelligence agencies to restrict domestic intelligence activities of the NIS and concentrate on foreign intelligence activities or establish new domestic intelligence agencies. Second, as for the issue of transferring anti-Communism investigation authority of the NIS to the police, it needs to be carefully considered in terms of balancing the efficiency and professionalism of intelligence agency activity in the context of North Korea's continuous military provocation, covert operations and cyber threats. Third, it should strive to strengthen the control and supervision functions of the administration and the National Assembly to ensure the political neutrality of the NIS in accordance with the democratization era, to guarantee citizens' basic rights and to improve the transparency of budget execution.

• Journal of the Korean Society of Marine Environment & Safety
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• v.29 no.5
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• pp.470-478
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• 2023

All people have human rights that should be protected, and today, the importance of protecting human rights is emphasized in all areas of society. The industry is also carrying out activities to protect the human rights of workers, such as implementing human rights education for human rights management and preparing a response system for human rights violations. However, due to the closed environment and special working conditions, seafarers on board are often placed in a blind spot in human rights protection. In particular, a number of cases of human rights violations concerning beginner seafarers, including cadets, have been identified, and relevant research is insufficient compared to other occupational groups. Jobs that restrict basic human rights cannot be envied by anyone. In this study, implications and problems were derived based on the results of a human rights survey of cadets, and cases of human rights violations, and improvement measures were proposed. The cadets had a very negative perception of human rights violations before boarding. However, it was found that their perception changed after boarding. It was confirmed that cadets have unnecessary fears and concerns before boarding. Improvement measures include the establishment of a legal system for the status of cadets, measures to alleviate non-physical human rights violations, improvement of human rights violations handling procedures and response systems, and enhancing the effectiveness of human rights education.

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.143-174
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• 2019

Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution, and one of them is to prohibit the operation of multiple medical institutions. By the way, virtually multiple medical institutions could be opened and operated because the Supreme Court had interpreted that several medical institutions could be opened if medical activities were not performed directly at the additional medical institution which was opened under the another doctor's license. However, some health care providers opened the several medical institutions with another doctor's license for the purpose of the maximization of profit, and did illegal medical cares like the unfair luring of patients, over-treatment, and commission treatment. Also, realistic problems such as the infringed health rights have arisen. Accordingly, lawmakers had come to amend the Medical Law to readjust the system of opening for medical institution so that medical personnel could not open or operate more than one medical institution for any reason. For this reason, the Constitutional Court recently declared a constitutional decision through a long period of in-depth deliberation because the constitutional petition and the adjudication on the constitutionality of statutes had been filed on whether Article 33 paragraph 8 of the revised medical law is unconstitutional. The Constitutional Court acknowledged the "justice of purpose" in view of the importance of public medical institutions, of the prevention from seduction of for-profit patients and from over-treatment, and of the fact that health care should not be the object of commercial transactions. Given the risk that medical personnel might be subject to outside capital, the concern that the holder of the medical institution's opening certificate and the actual operator may be separated, the principle that the human body and life should not be just a means, and the current system's inability to identify over-treatment, it also acknowledged the 'minimum infringement'. Furthermore, The Constitutional Court judged it is constitutional in compliance with the principle of restricting fundamental rights, such as 'balance of legal interests'. In this regard, legislative complements are needed in order to effectively prevent the for-profit management and the over-treatment the Constitutional Court is concerned about. In this regard, consumer groups actively support the need for legislation, and health care providers groups also agree on the need for legislation. Therefore, the legislators should respect the recent Constitutional Court's decision and in the near future complete the complementary legislation to reflect the people's interests.