• Journal of Digital Convergence
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• v.18 no.4
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• pp.81-89
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• 2020

Since the Korean privacy policy was legalized in 2011, the related academical researches have been lasted in various fields. Upcoming so-called 3 data laws would be implemented, it is meaningful to review privacy policy studies for exploring future research direction. For this purpose, the total of 146 journals from 2011 to 2019 were reviewed by the content analysis following as research subjects, methodologies and constructions of studies. As results, the numbers of the researches have been conducted on protection policies themselves for improvement, comparing with other countries' policies and also digital finance information protection were deeply discussed. Some of technology based protection applications were experimented and suggested. The major research characteristics was mainly focused on case analysis and criminal laws and policies were developed as protection contingencies. However, most research objects were focused on the protection regulations, not deregulation, therefore, researchers in future study need to explore more digital industry-centric tasks which are practically applied in safer ways. Further, social agreement in using private information will be an essential to prevent indiscriminate use.

• Journal of Service Research and Studies
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• v.4 no.1
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• pp.109-121
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• 2014

Used medical equipment utilized in medical technology, most are not human or environmental risks likely to in normal medical technology. Therefore, the risk is close to zero so that medical devices are classified into Class 1 medical device, such as little or no risk by treating. It can be minimized without arising unnecessary and waste of time. As handlers in the medical device vendors are expanding the area of the business, we can uplift operators' commitment to the business and for the people's choice. In this paper, our research are presented to improve the legal and regulatory directions for the distribution of used medical devicesin in order to establish and promote a fair deal of diversity.

• Journal of Digital Convergence
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• v.17 no.8
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• pp.47-60
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• 2019

The purpose of this study is to explore the overall structural relationship between the statutory provisions of nuclear energy legislation and to identify the coherence of the nuclear law system using social network analysis. In particular, we analyze the legal structure of the "Nuclear Safety Act", which plays a central role in nuclear safety regulation, to examine the key provisions in legal network structure of Nuclear Safety Act. Therefore, we found the structural problems of the nuclear legal system and suggest the legislative improvement plan for reducing excessive legislative activity and determining the need for legal amendments in nuclear safety management and regulation. This study is expected to provide a analytical framework for making legal system of further policy in other science and technology industries as well as nuclear energy related industries.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.22 no.5
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• pp.1091-1102
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• 2012

With a recent rapid increase in infringement on privacy information, a need to protect privacy information is called for more than ever. Keeping pace with such concern and demands of the times, Korea has established and executed "Privacy Information Protection Act" on September 30th, 2011. This regulation was enacted from an individually regulated method to a basic regulation that includes public and private institutions. Also, the regulation includes diverse contents for the sake of protecting privacy information by expanding a range of protection subjects and limiting the process of uniquely identifiable information. In this context, the study has suggested a direction for development on Korea's Privacy information Protection Act by taking a look at the status on privacy information protection acts from home and foreign nations and conducting a comparative analysis between domestic and foreign acts.

• The Journal of Bigdata
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• v.5 no.2
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• pp.43-52
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• 2020

With the development of data technology, storing and sharing of data has increased, resulting in privacy invasion. Although de-identification technology has been introduced to solve this problem, it has been proved many times that identifying individuals using de-identified data is possible. Even if it cannot be completely safe, sufficient de-identification is necessary. But current laws and regulations do not quantitatively specify the degree of how much de-identification should be performed. In this paper, we propose an appropriate de-identification criterion considering the time required for re-identification. We focused on the case of using the k-anonymity model among various privacy models. We analyzed the time taken to re-identify data according to the change in the k value. We used a re-identification method based on linkability. As a result of the analysis, we determined which k value is appropriate. If the generalized model can be developed by results of this paper, the model can be used to define the appropriate level of de-identification in various laws and regulations.

• Journal of the Korea Society of Computer and Information
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• v.27 no.3
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• pp.165-171
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• 2022

In this paper, we suggest the Measures to improve the Act Bill for establishing the Game User Committee. The Act Bill has a lot of problems which are violations of criminal legalism due to unclear terms in administrative punishment and violations of The Human Right enjoying freedom of occupation and guaranting property due to not defining provisisons about The Duty of Confidentiality or The Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions. also the duplicate regulations in the Act Bill disrupt game industry development. we have three results that were derived through analysis of Prior studies and precedents. The First is to define details of special reasons in enforcement ordinance and enforcement regulations. The Second is to define The Duty of Confidentiality or The Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions in the act bill. The Third is to address managing the random reward items in the Game Rating and Administration Committee or is to give game user advance notice about the Comntent Dispute Mediation system.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.127-160
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• 2014

The UN COPUOS was established in 1959 as a permanent committee of the UN General Assembly with the aims to promote international cooperation in peaceful uses of outer space, to formulate space-related programmes within the UN, to encourage research and dissemination of information on space, and to study legal problems arising from the outer space activities. Its members have been enlarged from 24 members in 1959 to 76 in 2014. The Legal Subcommittee, which has been established under COPUOS in 1962 to deal with legal problems associated with space activities, through its first three decades of work has set up a framework of international space law: the five treaties and agreements - namely the Outer Space Treaty, Rescue Agreement, Liability Convention, Registration Convention, Moon Agreement - and the five declarations and legal principles. However, some sceptical views on this legal framework has been expressed, concerning the applicability of existing international space law to practical issues and new kinds of emerging space activities. UNISPACE III, which took place in 1999, served as a momentum to revitalize the discussions of the legal issues faced by the international community in outer space activities. The agenda of the Legal Subcommittee is currently structured into three categories: regular items, single issue/items, and items considered under a multi-year workplan. The regular items, which deal with basic legal issues, include definition and delimitation of outer space, status and application of the five UN treaties on outer space, and national legislation relevant to the peaceful exploration and use of outer space. The single issues/items, which are decided upon the preceding year, are discussed only for one year in the plenary unless renewed. They include items related to the use of nuclear power sources in outer space and to the space debris mitigation. The agenda items considered under a multi-year work plan are discussed in working group. Items under this category deal with non-legally binding UN instruments on outer space and international mechanism for cooperation. In recent years, the Subcommittee has made some progress on agenda items related to nuclear power sources, space debris, and international cooperation by means of establishing non-legally binding instruments, or soft law. The Republic of Korea became the member state of COPUOS in 2001, after rotating seats every two years with Cuba and Peru since 1994. Korea's joining of COPUOS seems to be late, in considering that some countries with hardly any space activity, such Chad, Sierra Leone, Kenya, Lebanon, Cameroon, joined COPUOS as early as 1960s and 1970s and contributed to the drafting of the aforementioned treaties, declarations, and legal principles. Given the difficulties to conclude a treaty and un urgency to regulate newly emerging space activities, Legal Subcommittee now focuses its effort on developing soft law such as resolutions and guideline to be adopted by UN General Assembly. In order to have its own practices reflected in the international practices, one of the constituent elements of international customary law, Korea should analyse its technical capability, policy, and law related to outer space activities and participate actively in the formation process of the soft law.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.209-244
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• 2020

TMS and tDCS are non-invasive devices that treat the diseases of patients or individual users, and manage or improve their health by applying stimulation to a brain through magnetism and electricity. The effect and safety of these devices have proved to be valid in several diseases, but research in this area is still much going on. Despite increasing cases of their application, legislations directly regulating TMS and tDCS are hard to find. Legal regulation regarding TMS and tDCS in the United States, Germany and Japan reveals that while TMS has been approved as a medical device with a moderate risk, tDCS has not yet earned approval as a medical device. However, the recent FDA guidance, European MDR changes, recalls in the US, and relevant legal provisions of Germany and Japan, as well as recommendations from expert groups all show signs of tDCS growing closer to getting approved as a medical device. Of course, safety and efficacy of tDCS can still be regulated as a general product instead of as a medical device. Considering multiple potential impacts on a human brain, however, the need for independent regulation is urgent. South Korea also lacks legal provisions explicitly regulating TMS and tDCS, but they fall into the category of the grade 3 medical devices according to the notifications of the Korean Ministry of Food and Drug Safety. And safety and efficacy of TMS are to be evaluated in compliance with the US FDA guidance. But no specific guidelines exist for tDCS yet. Given that tDCS devices are used in some hospitals in reality, and also at home by individual buyers, such a regulatory gap must quickly be addressed. In a longer term, legal system needs to be in place capable of independently regulating non-invasive brain stimulating devices.

• Korean Journal of Social Welfare
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• v.67 no.4
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• pp.181-202
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• 2015

This article is aiming at finding the character of social welfare corporations and at finding whether the outside director system is constitutional or not. These two issues are closely interrelated with each other. After examining critically existing studies and precedents that have seen the character of social welfare corporations as public sector or private sector, the present study suggests the dualism that divides social welfare corporations into facility corporations and support corporations and that finds the character of facility corporations and support corporations respectively. According to the dualism, even if outside director system for the facility corporations restricts the right to manage the corporations the system is seen as being constitutional because the corporations are more likely to be public sector so that the principle of private autonomy would not be applied to them. While outside director system for the support corporations is seen as being unconstitutional because the corporations are more likely to be private sector so that the principle of private autonomy would be applied to them. So, this article suggests the amendment of Social Welfare Service Act through which the different character of the facility corporations and support corporations can be respected and the diversity of social welfare corporations and social welfare services can be realized.

• The Korean Society of Law and Medicine
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• v.11 no.1
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• pp.271-296
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• 2010

Objective: Poisonous Medicinal herbs can be considered as a risk factor to public health unless they are prescribed by Doctor of traditional Korean medicine. The proper method to manage them should be prepared to prevent risk factors caused by misuse and abuse of the poisonous medicinal herbs and enhance public health. Methods: In this dissertation (paper), the definition, scope, management status, data about pharmacology and toxicity and media release regarding adverse reaction were understood after organizing documents, laws and regulations concerning poisonous medicinal herbs. Also, management methods are suggested by analyzing related examples and regulations in China, Japan and Hong Kong, where the use of herbal medicine is general. Results: Methods for items for poisonous medicinal herbs, safety information management, management based on standardization of traditional processing methodology and reorganization and revision of related laws and regulations are established. Conclusion: Proper laws and regulations are not yet established to manage poisonous medicinal herbs in Korea. In this regard, it is urgent to establish laws and regulations which can apply independently. The purpose of the laws and regulations should be to enhance management of poisonous medicinal herbs and prevent incidence of addiction and death, improving the public health.