• Title/Summary/Keyword: 불법행위

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A Study on the Vicarious Liability of Employers in China - Focus on Article 35 of Tort Liability Law - (중국의 사용자책임에 관한 연구 - 불법행위책임법 제35조를 중심으로 -)

  • SONG, Soo-Ryun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.77
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    • pp.285-304
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    • 2018
  • With the development of market economy, it has been a legislative trend to establish a system for vicarious liability of employers. China also established Tort Liability Law of People's Republic of China in 2009 and ruled responsibility of the employers for the acts for their employees through Art. 35. First, the employer's right to indemnity to an employee should be recognized, because employer's superintendence is much weak and economic power is similar between them. Second, an employer should take a responsibility for an unpaid employee as vicarious liability, because the Law did not exclude them from employees. Lastly, in case the Law conflicts with Interpretation of the Supreme People's Court on Certain Issues Concerning the Application of Law in Trying Cases Involving Compensation for Personal Damage, the Law should be regarded it has priority based on several related Principles. Regarding these matters, this study guides you to an analysis of vicarious liability of employers in China, benefits with a view to the perfection of the vicarious liability regime.

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The Impact of Past Behavior on Intention to Smartphone Application Piracy (과거행동이 스마트폰 애플리케이션 불법복제 의도에 미치는 영향)

  • Kim, Joong Han
    • Journal of Service Research and Studies
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    • v.6 no.2
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    • pp.37-49
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    • 2016
  • Due to the expandability of smartphone, the mobile application market is growing explosively. However, as happens in other digital contents markets, piracy of mobile applications is prevalent. This study investigated the effects of behavioral factors on smartphone application piracy. The research model consists of factors from the theory of planned behavior model - subjective norms, attitudes toward piracy and perceptions of behavioral control. In addition, perceived consequences, past behavior and habit was included. The past behavior of PC software piracy was a meaningful predictor of habit, and habit was found to influence significantly the smartphone piracy intention. The result also shows that perceived benefit had significant effect on attitude, but both perceived legal and technical risk were not significantly related to attitude. Implications for research and practice are discussed.

A Study on the Improvement of Aviation Security System for the Prevention of Terrorism in Aircraft - Focusing on the Prevention, Preparedness, Response and Punishment Regulations of the Aviation Security Act -

  • Moon, Hyeon-Cheol
    • Journal of the Korea Society of Computer and Information
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    • v.25 no.4
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    • pp.189-195
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    • 2020
  • The whole world is anxious that aircraft could be used as a tool for terrorism after 9/11. The disappearance of Malaysia Airlines is again adding to fears about aircraft. Because these aircraft attacks cause many human casualties, the purpose of the study is to analyze the problems in the current air security system and to present alternatives. The methodology of the study used a literature research methodology to review the current status of aircraft terrorism and related regulations, such as current aviation-related laws and anti-terrorism laws, and prior studies. The purpose of the Chapter is to present an aviation security system that promotes the safety of air traffic through the prevention of aircraft terror by presenting the roles and improvement measures of aviation security personnel, foreign police officers, intelligence agencies, and legal blind spots and flaws.

Construction of Land Consulting Information System (토지 컨설팅 정보시스템(ALGOSA) 구축)

  • 이상길;정종철
    • Proceedings of the Korean Association of Geographic Inforamtion Studies Conference
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    • 2004.03a
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    • pp.373-373
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    • 2004
  • 이 토지 컨설팅 정보 시스템(Land Consulting Information System)은 토지에 건축, 형질변경 등 개발행위와 관련하여 구입토지의 선정에서부터 개발의사결정에 이르는 여러 가지 토지법률정보, 요구토지의 입지조건정보, 개발목적에 부합하는 토지의 분포정보, 매매나 세입 관련 부동산 정보 등 사람들의 다양한 요구조건과 의사결정 요소들을 컴퓨터 시스템을 통해 질의하고 검색, 분석함으로서 경제적이고 신속한 정보의 취득과 이를 통한 신뢰성 있는 개발과 구입의 의사결정정보를 제공하기 위한 목적에서 개발되었다. 시스템 기능의 인지도를 향상시키기 위해 'ALGOSA'라 별칭의 로고를 부여하였으며, 일반 개인은 물론 현존하는 전국의 수만 업체에 이르는 부동산사무소(공인 중개사), 측량설계사무소, 건축설계사무소, 전문토지개발회사 등 컨설팅 업체를 중심으로 시스템 보급의 필요성이 기대되며, 나아가 지방자치단체의 개발관련 인허가 부서에서도 이 시스템을 도입함으로서 개발행위 인허가 토지의 체계적 관리는 물론 불법 개발행위 단속과 객관적인 공시지가부여 기준제시를 위한 실제토지이용정보제공 등 폭 넓은 시스템 도입의 효과가 기대된다. 효과가 기대된다.

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Empirical Evaluation on Optimal Audit Data Reduction for Intrusion Detection (침입탐지를 위한 최적의 감사기록 축약에 관한 실험적 평가)

  • Seo, Yeon-Gyu;Cho, Sung-Bae
    • Proceedings of the Korea Information Processing Society Conference
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    • 2000.04a
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    • pp.680-685
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    • 2000
  • 최근 그 심각성이 커지고 있는 해킹피해를 줄이기 위한 한 방법으로 시스템에 침입한 불법적 사용을 탐지하는 연구가 활발히 진행되고 있다. 침입을 탐지하는 방법으로는 오용탐지와 비정상행위 탐지가 있는데 비정상행위 탐지를 위해서는 정보수집의 정확성, 신속성과 함께 다량의 정보들로부터 필요한 정보를 추출하고 축약하는 것이 중요하다. 본 논문에서는 감사기록 도구인 BSM으로부터 정보를 추출하고 자기조직화 신경망을 이용하여 다차원의 정보를 저차원정보로 축약.변환하는 방법에 대한 실험적인 검증을 시도하였다. 또한 BSM에서 얻을 수 있는 데이터의 유용성을 조사하기 위하여 축약된 감사자료에 의한 탐지성능을 살펴보았다. 실험결과, 시스템 호출 및 파일관련 정보의 축약이 탐지성능향상에 크게 기여하는 중요한 척도임을 알 수 있었으며 각 척도마다 탐지성능이 좋은 맵의 크기가 다름을 알 수 있었다. 이러한 축약된 정보는 여러 정상행위 모델링방법에 의해 유용하게 사용될 수 있을 것이다.

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A Study on the Analysis Effect Factors of Illegal Parking Using Data Mining Techniques (데이터마이닝 기법을 활용한 불법주차 영향요인 분석)

  • Lee, Chang-Hee;Kim, Myung-Soo;Seo, So-Min
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.13 no.4
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    • pp.63-72
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    • 2014
  • With the rapid development in the economy and other fields as well, the standard of living in South Korea has been improved, and consequently, the demand of automobiles has quickly increased. It leads to various traffic issues such as traffic congestion, traffic accident, and parking problem. In particular, this illegal parking caused by the increase in the number of automobiles has been considered one of the main reasons to bring about traffic congestion as intensifying any dispute between neighbors in relation to a parking space, which has been also coming to the fore as a social issue. Therefore, this study looked into Daejeon Metropolitan City, the city that is understood to have the highest automobile sharing rate in South Korea but with relatively few cases of illegal parking crackdowns. In order to investigate the theoretical problems of the illegal parking, this study conducted a decision-making tree model-based Exhaustive CHAID analysis to figure out not only what makes drivers park illegally when they try to park vehicles but also those factors that would tempt the drivers into the illegal parking. The study, then, comes up with solutions to the problem. According to the analysis, in terms of the influential factors that encourage the drivers to park at some illegal areas, it was learned that these factors, the distance, a driver's experience of getting caught, the occupation and the use time in order, have an effect on the drivers' deciding to park illegally. After working on the prediction model, four nodes were finally extracted. Given the analysis result, as a solution to the illegal parking, it is necessary to establish public parking lots additionally and first secure the parking space for the vehicles used for living and working, and to activate the campaign for enhancing illegal parking crackdown and encouraging civic consciousness.

The provision of neutral program and limit of criminal liability (가치중립적 프로그램의 제공과 형사책임의 한계)

  • Kim, Hyung-Man
    • Journal of Digital Convergence
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    • v.12 no.1
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    • pp.13-21
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    • 2014
  • The problem of the cases of Soribada and Winny is their duplexity that they could be used legally and illegally. The issue called 'The crime of aiding through the neutral behavior' is about whether the program developer who shared the file sharing program letting unspecified public infringe the copyright could be punished or not. Many theories about limiting the traditional scope of punishment of aider have been maintained. However, it is questionable whether it is possible to limit the scope of punishment following the former cases and theories even for the action that is causal and facilitates the principal's criminal conduct, like the aid through the neutral action which is hard to perceive as illegal aid because of its characteristics. Therefore, using the case of Soribada in Korea and the case of Winny in Japan as the examples of illegal aid through neutral behavior case, this paper examines the characteristics and problems of aid through existing theories and cases, and suggests new scope of punishment limitation standard through the elaboration of the action of aid and judgment of degree.

Reinterpretation on Propertiness of Online Game Item (온라인게임 아이템의 재물성에 대한 재검토)

  • Yoo, In-Chang
    • Journal of the Korea Society of Computer and Information
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    • v.18 no.4
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    • pp.153-160
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    • 2013
  • Online game provides a kind of cyber money aden and game instruments, items in order to attract game users. Game users want stronger, better and higher-leveled items with competition. Demands and supplies on items are formed and the transactions are made. The problem is there happen frequently illegal behaviors in the process of transactions. Among these illegal behaviors, for using other's id and password without authorization and stealing items, rejecting to return assigned items, providing stolen item to other who knows the fact or destroying others' items, it is difficult to apply provisions on properties in the criminal code on them. Because the criminal code has a duty to prevent separation between substantial criminal behavior and regulations, it should reflect substantial cultures and values of the times. Therefore, property like items in cyber space can be considered as new property to need to be protect under the criminal code and it may be not an interpretation of expansion. The reason is it is practical and reasonable to judge whether propertiness can be established considering cyber space's unique characteristics. It is time to review propertiness of Article No. 346 according to the request of times of the digital age.

A legal approach and interpretation of article typed advertisements of online sport media as exaggerated advertisements (온라인 기사형 광고의 허위 및 과대·과장광고로써의 법률적 접근과 해석)

  • Ma, Yoon-Sung;Hwang, Ho-Young
    • Journal of Digital Convergence
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    • v.14 no.5
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    • pp.391-402
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    • 2016
  • The purpose of this research, paying attention on the exaggerated advertisements on online sport media, was to investigate the illegality of the article typed advertisement of online sport media. The results of this research were as follows; First, the article typed advertisements are the assets of the media company as other articles or advertisements. Second, the persons of capacity to act are defined with sport online media, advertiser and customers. Third, the exaggerated advertisements of the sport online media and advertiser are regulated by Korean legal system. Fourth, when victims occurred, the rights of claim for damages could be activated based on the article 750 of the Korean Civil Law. Fifth, the liability for damages may be imposed by Korean Civil Law to the sport online media restrictively.

Countermeasure strategy for the international crime and terrorism by use of SNA and Big data analysis (소셜네트워크분석(SNA)과 빅데이터 분석을 통한 국제범죄와 테러리즘 대응전략)

  • Chung, Tae Jin
    • Convergence Security Journal
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    • v.16 no.2
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    • pp.25-34
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    • 2016
  • This study aims to prevent the serious threat from dangerous person or group by responding or blocking or separating illegal activities by use of SNA: Social Network Analysis. SNA enables to identify the complex social relation of suspect and individuals in order to enhance the effectiveness and efficiency of investigation. SNS has rapidly developed and expanded without restriction of physical distance and geo-location for making new relation among people and sharing large amount of information. As rise of SNS(facebook and twitter) related crimes, terrorist group 'ISIS' has used their website for promotion of their activity and recruitment. The use of SNS costs relatively lower than other methods to achieve their goals so it has been widely used by terrorist groups. Since it has a significant ripple effect, it is imperative to stop their activity. Therefore, this study precisely describes criminal and terrorist activities on SNS and demonstrates how effectively detect, block and respond against their activities. Further study is also suggested.