• Title/Summary/Keyword: 불법행위

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A study of Liability for LMO and Biomedicine (LMO에 대한 손해배상책임 - 바이오신약을 중심으로)

  • Moon, Sang-Hyuk
    • The Korean Society of Law and Medicine
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    • v.12 no.1
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    • pp.43-67
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    • 2011
  • Humankind history is faced with one gigantic turning point due to development of Living genetically Modified Organisms. Food production by means of LMO is on the acceleration in an effort to solve the shortage of food problems. Food is also used as alternative energy source. Use of LMO product is not only limited to food and energy, but is actively utilized in various fields of medicines. This paper is first to check out the state of biomedicine developed and associated problems from industries that use LMO, after which we made an attempt on legislative approach to find out means of relief, through examples of such laws legislated for the sufferer from the adverse effect of the biomedicine. As for the liable subject to bear the responsibility for compensatory damage in a way of relieving the victim owing to adverse effect of biomedicine, those who manufactured and sold biomedicine and who are related to the damage to the victim due to the accident and medical doctors and pharmacists who prescribe and administer the medicine in question have been looked into. Accidents involving medicines and medical supplies could take place without reason for imputation on part of the liable subjects or fault of the victim, in which case the victim can't receive damage compensation from any of both parties. When such accidents happened turn out to be no fault accidents, introduction of damage relief measures might have to be reviewed against side effects of medicine and medical supplies as no fault compensation in order for actual relief to be possible. Talking about technicality of legislation, we can suggest a method of strengthening the accountability of manufacturer for stereotypical agenda on biomedicines by newly legislating special regulation with an issue that resists claim on risks associated with the development of medicine and incorporating the same into Manufactured Product Liability Law. After all, when an accident happens associated with biomedicine, the damage will be done to the consumer. And the consumer will be exposed to fatal danger even without the time to cope with potential risks associated with medicine and medical supplies they take. Therefore, it is necessary to protect the potential victim by having the manufacturer of biomedicines bear the liability of medical risks.

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A Study on the Modernization of the Rome Convention and its Issues - Focusing on the recent ICAO Legal Committee's Discussion (로마조약의 현대화와 쟁점에 관한 고찰 - 최근 ICAO법률위원회의 논의를 중심으로 -)

  • Kim, Jong-Bok;Maeng, Sung-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.1
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    • pp.33-54
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    • 2008
  • The damage to the third parties caused by aircraft in flight shall be fully compensated to the extent that the damage didn't occur unless the damage is caused by innocent victims. However, related international Conventions limit operator's liability of compensation to certain levels, which is one of the main reasons that such international Conventions have not been ratified by many aviation leading States. However, international community has agreed, since 9/11, that the accidents caused by terrorists and the protection of the third parties need to be addressed more actively. And the amendment of the related Rome Conventions has been drafted under the ICAO leadership by the special committee that was organized to modernize the related international Conventions. This study addresses the issues related to the draft Conventions, the draft Convention for Damage caused by Aircraft to Third Parties, in case of Unlawful Interference and the draft Convention on compensation for Damage caused by Aircraft to Third Parties. It is expected that it takes considerable time to reach an agreement on all the issues from appropriate apportionment of liability between the government and operator to the details regarding the management of Supplementary Compensation Mechanism. Under the circumstances where the needs for the air transportation as well as threats of terrorism increase, the new international Convention should be prepared taking into consideration the balance between the protection of the innocent third parties and that of air transport industry including air carriers. Along with this, the Republic of Korea should actively participate in the process of amendment to the related international Conventions to protect the life and property of the people from anticipated damages.

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A Case of Acute Respiratory Distress Syndrome with Pulmonary Embolism Induced by Injection of Silicone at Vaginal Wall (질벽의 실리콘 액 주사에 의한 폐색전종 및 급성 호흡곤란 증후군 1예)

  • Kang, Moon-Bo;Kim, Seong-Tae;Lee, Jung-Gu;Seo, Chan-Jong;Lee, Hwa-Eun;Jeong, Jung-Bae;Kim, Sung-Gwon;Kim, Chul;Park, Jeong-Woong;Jeong, Seong-Whan;Nam, Gui-Hyun
    • Tuberculosis and Respiratory Diseases
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    • v.46 no.3
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    • pp.414-419
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    • 1999
  • Silicone fluid(polydimethylsiloxane) is widely used in breast augmentation and other cosmetic procedures because of little incidence of complications and low mortality rate. However, local reaction following silicone injections can be occurred sometimes leading to serious complications. Especially, illicit silicone injections have resulted in severe reactions within the pulmonary area, and some have resulted in acute respiratory distress syndrome subsequently. We experienced a case of acute respiratory distress syndrome induced by subcutaneous injections of silicone at vaginal wall. The patients was 39-year-old, previously healthy woman who had complained of dyspnea related to silicone injection at vaginal wall. Chest X-ray and chest CT scan show diffuse air consolidation with ground glass opacities and perfusion lung scan revealed likelihood of pulmonary embolism as showing multiple perfusion defects. We report a case of acute respiratory distress syndrome occured after silicone injection with review of literature.

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Design and Implement a Smart Control System of Door Security Guard (도어 안전고리 스마트 제어시스템 설계 및 구현)

  • Lee, Hyo Seung;Oh, Jae Chul
    • Smart Media Journal
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    • v.6 no.1
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    • pp.61-67
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    • 2017
  • A large number of people living in modern times prefer remaining unmarried or living alone independently for the reason of their own will or another person's will. This is because they dislike being interfered with by other persons or because there is a financial problem. This behavior has become mainstream in persons working for professional jobs, persons having a strong disposition toward individual activity or college students. In particular, career women pursuing their own comfortable life have the tendency to prefer single life. However, sometimes, they become a target of crime that targets and makes bad use of this point. For these reasons. Consequently, sometimes, they additionally install and use a security system such as door security guard at front door and so on. It is not so difficult to lock the door security guard at the front door. However, it is apt to be forgotten. And when they are on the bedspread before falling asleep, in case they should check whether the door security guard is locked or in case they should lock it, they should get up, go to the entrance, and check and lock the door security guard. They often don't lock the door security guard due to their feeling that it is all right because of annoyance and inconvenience. This paper is intended to work for safety from crime such as illegal housebreaking by more conveniently using the door security guard after designing and implementing a system that can remotely control the door security guard, using a smartphone as a method of resolving this annoyance and keeping life more safe.

An Exploratory Study on the Risks and Threats of SNS(Social Network Service): From a Policing Perspective (SNS(Social Network Service)의 위험성 및 Policing(경찰활동)에 미칠 영향에 대한 시론적 연구)

  • Choi, Jin-Hyuk
    • Korean Security Journal
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    • no.29
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    • pp.301-336
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    • 2011
  • This exploratory study aims to review the risks and threats of social network services(SNSs), particularly focusing upon the policing perspective. This paper seeks to acknowledge the present risk/danger of SNSs and the very significance of establishing a strategic framework to effectively prevent and/or control criminal misuse of SNSs. This research thus advocates that proactive study on security issues and criminal aspects of SNSs and preventive countermeasures can play a significant role in policing the networked society in the time of digital/internet age. Social network sites have been increasingly attracting the attention of entrepreneurs, and academic researchers as well. In this exploratory article, the researcher tried to define concepts and features of SNSs and describe a variety of issues and threats posed by SNSs. After summarizing existing security risks, the researcher also investigated both the potential threats to privacy associated with SNSs, such as ID theft and fraud, and the very danger of SNSs in case of being utilized by terrorists and/or criminals, including cyber-criminals. In this study, the researcher primarily used literature reviews and empirical methods. The researcher thus conducted extensive case studies and literature reviews on SNSs. The literature reviews herein cover theoretical discussions on characteristics, usefulness, and/or potential danger/harm of SNSs. Through the literature review, the researcher also concentrated upon being able to identify a strategic framework for law enforcement to effectively prevent criminal misuse of SNSs The limitation of this study can be lack of statistical data and attempts to examine previously un-researched area in the field of SNS and its security risks and potential criminal misuse. Thus, to supplement this exploratory study, more objective theoretical models and/or statistical approaches would be needed to provide law enforcement with sustainable policing framework and contribute to suggesting policy implications.

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A Study on Ethical Problem of Insider Trading (내부자 거래의 윤리적 문제점에 대한 연구)

  • Yoon, Hye-jin
    • Journal of Korean Philosophical Society
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    • v.126
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    • pp.213-233
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    • 2013
  • The aim of this paper is to reveal the ethical problem of insider trading. 'Insider trading' refer to obtaining information from non-public sources such as private acquaintances about trade secret, using it purposes of enhancing insider's financial advantages. And sometimes such a practice can be conducted fraudulently. Therefore, the focus of this paper will be on fairness or justice arguments against insider trading. And all kinds of discussion this paper are to focus the underlying consideration behind these arguments, that is, the underlying consideration about violation of ethical standards of fairness. First, one of these arguments argues that insider trading does necessarily involve defrauding general investors such as general employees, general stockholders. And economic power and unjust advantage of insider can be exercised to the detriment of this non-insider's interests. Second, another argument argues that insider trading undermines competition which is the principle of any free market. And insider trading is not only a complication in the free market mechanism, but also thwarts free competition which free markets depend. Third, the final argument argues that insider trading will be made something unfair about the concept of equal access to information. This argument argues, therefore, that to permit insider trading would be to set up stock market trading rules that are unfair to non-insiders.

Cooperative Architecture for Centralized Botnet Detection and Management (협업 기반의 중앙집중형 봇넷 탐지 및 관제 시스템 설계)

  • Kwon, Jong-Hoon;Im, Chae-Tae;Choi, Hyun-Sang;Ji, Seung-Goo;Oh, Joo-Hyung;Jeong, Hyun-Cheol;Lee, Hee-Jo
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.19 no.3
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    • pp.83-93
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    • 2009
  • In recent years, cyber crimes were intended to get financial benefits through malicious attempts such as DDoS attacks, stealing financial information and spamming. Botnets, a network composed of large pool of infected hosts, lead such malicious attacks. The botnets have adopted several evasion techniques and variations. Therefore, it is difficult to detect and eliminate them. Current botnet solutions use a signature based detection mechanism. Furthermore, the solutions cannot cover broad areas enough to detect world-wide botnets. In this study, we suggest an architecture to detect and regulate botnets using cooperative design which includes modules of gathering network traffics and sharing botnet information between ISPs or nations. Proposed architecture is effective to reveal evasive and world-wide botnets, because it does not depend on specific systems or hardwares, and has broadband cooperative framework.

A Study on the Factors that Influence Adult Cyberbullying - focusing on the mediation effect on the attitude to cyberbullying (성인의 사이버폭력 가해 경험에 대한 영향 요인 연구 - 사이버폭력에 대한 태도의 매개효과를 중심으로)

  • Kim, Bong-Seob
    • Informatization Policy
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    • v.28 no.2
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    • pp.57-80
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    • 2021
  • This study aimed to identify the causes of adult cyberbullying, an issue which arouses little academic interest despite its seriousness and its harmful consequences, in order to provide basic data for the formulation of reasonable measures for preventing and reducing adult cyberbullying. To that end, the author of the study analyzed the results of the government-led Cyber Violence Survey conducted in 2019. First, the online survey panel owned by the research company selected a sample of 1,500 adult men and women in their 20s to 50s in proportion to reflect the composition of the local population. The survey was conducted online, with male subjects and female subjects accounting for 51.5% and 48.7% of the respondents, respectively. The result of the analysis shows that the respondents' attitude towards cyberbullying was fully mediaed according to such factors as gender, age, family relations, relationship with colleagues, Internet usage time, and contact with illegal content. In addition, partial mediation was observed with regard to online delinquency colleague numbers and cyberbullying victimization. As a result, the respondents' attitude towards cyberbullying was found to be the most important factor affecting adult cyberbullying. Based on these results, this study suggests that the formation of a non-conservative attitude towards cyberbullying should be considered to be more important than any other factors when preparing programs aimed at preventing cyberbullying.

A Study on the Digital Forensics Artifacts Collection and Analysis of Browser Extension-Based Crypto Wallet (브라우저 익스텐션 기반 암호화폐 지갑의 디지털 포렌식 아티팩트 수집 및 분석 연구)

  • Ju-eun Kim;Seung-hee Seo;Beong-jin Seok;Heoyn-su Byun;Chang-hoon Lee
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.33 no.3
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    • pp.471-485
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    • 2023
  • Recently, due to the nature of blockchain that guarantees users' anonymity, more and more cases are being exploited for crimes such as illegal transactions. However, cryptocurrency is protected in cryptocurrency wallets, making it difficult to recover criminal funds. Therefore, this study acquires artifacts from the data and memory area of a local PC based on user behavior from four browser extension wallets (Metamask, Binance, Phantom, and Kaikas) to track and retrieve cryptocurrencies used in crime, and analyzes how to use them from a digital forensics perspective. As a result of the analysis, the type of wallet and cryptocurrency used by the suspect was confirmed through the API name obtained from the browser's cache data, and the URL and wallet address used for the remittance transaction were obtained. We also identified Client IDs that could identify devices used in cookie data, and confirmed that mnemonic code could be obtained from memory. Additionally, we propose an algorithm to measure the persistence of obtainable mnemonic code and automate acquisition.

Study on the Legal Issues of New Draft of Civil Aviation Law in China (중국 민용항공법 개정 최근 동향과 주요 법적쟁점)

  • Lee, Hwa
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.177-214
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    • 2016
  • During more than 20 years of practice, Civil Aviation Law has experienced three times of amendments since it was enacted in 1995. But these revisions are limited to the technical level. The problems and limitations have become increasingly prominent in its implementation. Firstly, the civil aviation law is the result of interests game among several departments and some legal issues was left behind and the regulation was very vague as a result. Secondly, the process of aviation legislation is the process that the country has undergone profound changes and social transformation. The 20 years is long enough for the society to undergo tremendous changes and 1995 version of civil aviation law does not keep pace of development of economy. There was a serious lag between reality and the law. In order to actively promote the development of the aviation industry and overcome implementation issues of the Civil Aviation Law, Civil Aviation Administration of China (CAAC) initiated modification procedure the law and published new draft of Civil Aviation Law in August 2016. The spirit of this modification is to learn and absorb new achievements of domestic and foreign legislation and the International Convention on civil aviation. Furthermore, the purpose of the revision is to provide favorable policy for the development of civil aviation industry and improve aviation safety and supervision, strengthen and protection of consumer rights and interests, to enhance the safety of civil aviation activities, and promote the development of general aviation. This revision concerned to the 78 articles which are revised or deleted and 24 articles added. The highlights of the draft include but not limited to the enhancement of security management, clarification of the main responsibility for production safety. And also it added the provisions related to the construction of effective tracking capability of public air transport enterprises and license system on the transport of dangerous goods. Compared with the existing civil aviation law, the draft has made a great improvements. But there are several deficiencies and limitations in the drafts. These problems need to be supplemented and perfected through further amendments in near future.