• The Journal of the Korea Contents Association
• /
• v.9 no.12
• /
• pp.253-260
• /
• 2009

Gold stock could include the U.K. in the European economy by the alternative plan of the problems that it was occurred while nationalizing industry and a company for economic recovery and national profit after the World War Ⅱ and it was wide and came to open in the country of European most. However, the negation was sentenced to it for the reason of the gold stock which the U.K. adopted in European many countries infringing "freedom of the capital movement" at a European court of law. However, I consider gold stock positively to protect it from hostile M&A of the company of the national strategy from the Middle East and an Asian national rich fund recently in France and Germany. If our country looks straight at reality, Urstatut or the agreement of the majority stockholder have a very strict matter assuming the protection of the existing shareholder and must be able to gain the favor if you look by the flow of such world economy.

• The Journal of Society for e-Business Studies
• /
• v.10 no.1
• /
• pp.121-134
• /
• 2005

The MANET has many problems in security despite of its many advantages such as supporting the mobility of nodes, independence of the fixed infrastructure, and quick network establishment. In particular, in establishing security, the traditional certification service has many difficult problems in applying to the MANET because of its safety, expandability, and availability. In this paper, a secure and effective distributed certification service method was proposed using the Secret Sharing scheme and the Threshold Digital Signature scheme in providing certification services in the MANET. In the proposed distributed certification service, certain nodes of relatively high safety among the mobile nodes consisting of the MANET, were set as privileged nodes, from which the process of issuing a certification started. The proposed scheme solved problem that the whole network security would be damaged by the intrusion to one node in the Centralized Architecture and the Hierarchical Architecture. And it decreased the risk of the exposure of the personal keys also in the Fully Distributed Architecture as the number of the nodes containing the partial confidential information of personal keys decreased. By the network simulation, the features and availability of the proposed scheme was evaluated and the relation between the system parameters was analyzed.

• Journal of the Korea Society of Computer and Information
• /
• v.18 no.6
• /
• pp.111-120
• /
• 2013

Recently, in the cyberspace, the posts that have only insults and abuses without the fact are getting spread rapidly as a trend, it makes the damage to people also, and the social concerns have been raised about its phenomenon. Meanwhile, because of the insulting actions that performed in cyberspace, the results of infringement of personal rights conditions getting difficult to repair. Also, it is difficult to find who the person who acts as a perpetrator is. So, it is hard to report a crime or sued for damages, also, it is really difficult to deal with a criminal contempt. Also, cause of a lot of deficient areas, the Cyber Insult Crime act is need and strengthened penalties or Mitigation about the crime subject to victim's complaint are need. However, give the criminal penalties to criminal is sufficient. So, to construct a new special criminal law, it is not advisable. Thus, governed by the Criminal Code Section 311 is preferably.

• Journal of the Society of Disaster Information
• /
• v.10 no.2
• /
• pp.220-228
• /
• 2014

A stalking is becoming more diverse and the methods are developing over time as the society has changed over time due to the advancement of information technology but an initial countermeasure seems to be difficult as there is no sufficient legislations against such crimes as stalking. Our country passed laws regulating such stalking at 1999 and four more additional bills were proposed until the 18th National Assembly but they failed to become legalized. Two more additional bills were proposed during 19th National Assembly which are still pending. Crimes such as stalking violates and invades physical and psychological freedom of the victims and the crimes are severely inveterate and intentional. Advanced countries such as the United States, the Great Britain, Germany, and Japan enacted legislations that strictly regulates stalking and also appropriate responses. As these exemplary cases show, it is essential that our country also requires an effective legislations against crime of stalking and protecting a victim of the crime.

• International Area Studies Review
• /
• v.15 no.2
• /
• pp.383-401
• /
• 2011

This paper studied about environmental protection and Free Trade in FTA. FTA is representative means that maximize trade profit through free trade. But Regulation for environmental protection is infringing profit of free trade(FTA). It is the natural matter that the all countries must do environmental protection. but, measure for environmental protection must not be used on trade limited constituent. This study studied about enactment plan of environmental regulation to achieve two targets of environmental protection with trade liberalization. Study Finding is as following. First, it is that to apply existent environmental standard in the FTA expands trade liberalization. Second, need enactment of rule that can interchange Environmental Goods or a technology effectively. Third, there is necessity to establish procedural regulations and substantial regulations that refer environment problems. also to include comprehensive form in case of choose Multilateral Environmental Agreements is reasonable.

• Korean Journal of Legislative Studies
• /
• v.25 no.1
• /
• pp.79-106
• /
• 2019

Local governments within the boundaries of a state need increasing flexibility to satisfy diverse economic, social, and environmental goals in their particular geographical setting. However, many candidates in the local election in South Korea tend to see local politics as an extension of national-level politics. In particular, this paper mainly deals with how the voters' evaluation of a president's performance has influenced subnational elections in South Korea. Our analysis suggests that the fate of candidates in subnational elections is shaped by the performance of the incumbent president in both economic development and foreign affairs.

• The Korean Society of Law and Medicine
• /
• v.21 no.2
• /
• pp.75-103
• /
• 2020

There is a growing voice that medical information should be shared because it can prepare for genetic diseases or cancer by analyzing and utilizing medical information in big data or artificial intelligence to develop medical technology and improve patient care. The utilization and protection of patients' personal information are the same as two sides of the same coin. Medical institutions or medical personnel should take extra caution in handling personal information with high environmental distinct characteristics and sensitivity, which is different from general information processors. In general, the patient's personal information is processed by medical personnel or medical institutions through the processes of collection, creation, and destruction. Still, the use of terms related to personal information in the Medical Service Act is jumbled, or the scope of application is unclear, so it relies on the interpretation of precedents. For the medical personnel or the founder of the medical institution, in the case of infringement of Article 24(4), it cannot be regarded that it means only medical treatment information among personal information, whether or not it should be treated the same as the personal information under Article 23, because the sensitive information of patients is recorded, saved, and stored in electronic medical records. Although the prohibition of information leakage under Article 19 of the Medical Service Act has a revision; 'secret' that was learned in business was revised to 'information', but only the name was changed, and the benefit and protection of the law is the same as the 'secret' of the criminal law, such that the patient's right to self-determination of personal information is not protected. The Privacy Law and the Local Health Act consider the benefit and protection of the law in 'information learned in business' as the right to self-determination of personal information and stipulate the same penalties for personal information infringement such as leakage, forgery, alteration, and damage. The privacy regulations of the Medical Service Act require that the terms be adjusted uniformly because the jumbled use of terms can confuse information subjects, information processors, and shows certain limitations on the protection of personal information because the contents or scope of the regulations of the Medical Service Law for special corporations and the Privacy Law may cause confusion in interpretation. The patient's personal information is sensitive and must be safely protected in its use and processing. Personal information must be processed in accordance with the protection principle of Privacy Law, and the rights such as privacy, freedom, personal rights, and the right to self-determination of personal information of patients or guardians, the information subject, must be guaranteed.

• The Korean Journal of Air & Space Law and Policy
• /
• v.27 no.2
• /
• pp.143-166
• /
• 2012

This paper deals in depth with airline over-booking practices and legal questions therefrom in the light of public interests. Chapter I as an introduction gives clear ideas of what are the over-booking, fact-revealing current state of denied boarding and nature of the problems inherent but veiled in those practices. In Chapter II, it is reviewed whether legal instruments for DBC(Denied Boarding Compensation) are adequately equipped for airline passengers in R. O. K. Upon the results of the review that international law to which Korea is a party, domestic law and administrative preparedness for the DBC are either null or virtually ineffective, the Chapter by contrast illustrates how well the U. S. and the E. U. safeguard civil rights of their passengers from such an 'institutionalized fraud' as the over-booking. In Chapter III on which a main emphasis lies, it is examined whether the over-booking practice constitutes a criminal offense: Fraud. In section 1, the author identifies actus reus and mens rea required for fraud then compares those with every aspect of the over-booking. In conjunction with the structural element analysis, he reviews the Supreme Court's precedents that lead the section into a partial conclusion that the act of over-booking judicially constitutes a crime of fraud. Despite the fulfillment of drawing up an intended answer, the author furthers the topic in section 2 by arguing a dominant view from Korean academia taking opposite stance to the Supreme Court. The commentators assert, "To consummate a crime of fraud, there must be property damage of the victim." For this notion correlates with a debate on legally protected interest in criminalization of fraud, the section 2 shows an argument over 'Rechtgut' matters specific to fraud. The view claims that the Rechtgut comes down rather to 'right to property' than 'transactional integrity' or 'fair and equitable principles'. However, the section concludes that the later values shall be deemed as 'freedom in economic decision-making' which are the benefit and protection of the penal law about fraud. Section 3 demonstrates the self-contradiction of the view as it is proved by a conceptual analysis that the infringement on freedom in economic decision-making boils down to the 'property damage'. Such a notion is better grounded in section 4 by foreign court decisions and legislation in its favour. Therefore, this paper concludes that the airline's act of over-booking is very likely to constitute fraud in both theory and practice.

• The Korean Society of Law and Medicine
• /
• v.20 no.1
• /
• pp.109-132
• /
• 2019

Recently, medical accidents related to surgical procedures have increased. In addition, the media reported that some of these accidents were involved in health crimes. Patient-advocate groups have called for mandatory establishment and management of CCTV in operating rooms. There is a lot of discussion among the interested parties, so it is necessary to review the relevant laws and regulations. The purpose of this study is to identify the characteristics of CCTV in operating rooms and to review legislations related to establishment and management of the CCTV in operating rooms. Medical institutions use CCTV for management of facilities and patient safety and install it in operating rooms optionally. The Constitution guarantees the privacy and the privacy of correspondence of every citizen, but it can be limited by the law for public welfare. Currently, however, there is no existing law about establishment and management of the CCTV in operating rooms and it can be defect of legal system. Under the current legislations, it is likely that the Self-determination can be violated due to the characteristic of healthcare provider when CCTV is mandatorily installed in operating room. In addition, the regulations on access and leakage of confidential information known by operator are insufficient. So that, the safety of the visual data might be threatened. Furthermore, unless the period and the place of storage of the visual data are clearly defined, it is highly unlikely to meet the original purpose of patient safety and prevention of medical accidents. This study is meaningful as there is few previous study on this topic although the need for legal review about this is growing and several bills are being proposed. It is expected that the results of this study can be utilized as basic data for enactment or amendment of the laws and regulations about establishment and management of CCTV in operating rooms.

• Vending industry
• /
• v.2 no.5 s.6
• /
• pp.56-62
• /
• 2002

담배자판기의 신규설치를 금지하고 기존 설치된 자판기마저 전면철거하도록 하는 보건복지부의 초강력 규제안이 마침내 철회가 되게 되었다. 보건복지부는 올 들어 확대되는 금연정책에 편승, 기존 흡연 구역 내 담배자판기 신규설치를 금지하고, 기존 설치된 제품들마저 전면철거하는 규제를 담은 국민건강증진법 시행령 개정안을 지난 4월 공고하며 그 입법추진을 진행한 바 있다. 이 공고안은 그간 국무총리실 산하 규제개혁위원회 분과위원회에 상정되어 1,2차 심의를 진행해 오다 지난 9월 27일 본회의를 통해 '보건복지부의 흡연구역 내 담배자판기 신규설치 금지 및 기존 자판기 철거는 명백히 영업활동 자유 및 재산권 침해에 해당된다.'는 이유로 이를 철회토록 하는 결정을 진행했다. 이 결정을 담은 국민건강증진법 개정안은 조만간 법제처 심사 및 차관회의 등을 거쳐 최종 확정 되게 된다. 이같은 규제개혁위원회의 결정은 협회를 중심으로 한 산업의 적극적인 대응이 있었기에 가능했다. 성인인증장치 도입을 통해 청소년 흡연문제를 완전, 해결하겠다는 산업계의 적극적인 자율대책에도 불구하고 아예 담배자판기를 뿌리 채 뽑겠다는 보건복지부의 행정만능주의적인 발상은 도저히 수용하지 못할 부당한 처사라는 데 관련업계가 인식을 같이 했다. 따라서 이를 반대하는 산업계 입장을 분명히 하며 분명히 하며 적극적인 저지 대응을 최근까지 진행해 왔다. 협회에서는 1차적으로 보건복지부 건강증진과에 담배자판기 전면철거에 대한 산업계 반대 입장을 피력하는 소견서 제출하고 적극적인 산업계의 반대의지를 피력하는 작업을 진행했다. 또한 청소년보호위원회를 통해 청소년 흡연감소를 위한 성인인증 담배자판기 설치 활용방안 건의하며 담배자판기의 긍정적인 활용측면을 집중 부각시키기도 했다. 재정경제부를 통해서는 담배사업법 관련 담배자판기 설치기준에 대한 질의를 통해 현행 관련법 내에서의 설치기준을 명확히 하기도 했다. 이같은 대응에 있어서의 핵심 설득 논리는 담배자판기가 이제는 성인인증장치 부착을 통해 청소년 및 사회적 위해 요인을 극소화 할 수 있다는 점에 있었다. 과거와는 달리 담배자판기가 오히려 청소년의 담배 구입루트 차단이라는 긍정적 역할을 할 수 있는 시점에 있어 이를 전면규제하기보다는 합법적인 설치 환경을 확보하여 사회적으로 떳떳하게 존재가치를 평가받을 수 있게 해달라는게 산업계의 초지일관의 주장이었던 것. 협회는 이같은 주장이 결코 산업계의 이기만이 아니라 세계적인 추세라는 점, 또 담배자판기를 전면철거까지 하면서 과당규제를 할 명분이 부족하다는 점을 반대논리로 적극 내세웠다. 규제개혁위원회가 이번 공공 이용시설 중 흡연구역으로 지정된 장소 내에 담배자판기는 설치 금지 및 철거규제에 철회권고를 내리게 된 것은 이러한 산업계의 주장을 적극 수용함에 힘입은 바 크다. 규제개혁위원회는 이번 결정의 주된 이유로 우선 기설치된 자판기에 대한 철거는 재산권 침해로 위헌 소지가 있음을 들고 있다. 또한 흡연자를 위한 흡연구역내에서마저 자판기 설치를 금지하는 등의 규제는 과도하며 흡연자의 권익보호 역시도 필요함을 인정하고 있다. 따라서 전면적인 규제보다는 청소년 이용통제 가능한 흡연구역에 한하여 담배자판기를 설치토록한 현행규정의 실질적 관리를 강화하며, 전체적으로 흡연구역을 축소 제한하는 방향으로 추진함이 바람직하다는 의견을 제시했다. 규제개혁위원회의 이번 결정으로 흡연구역 내 담배자판기의 설치는 현행법의 적용을 받게 되며, 산업계의 자율대책대로 성인인증 장치를 부착한 담배자판기의 설치 확대가 크게 촉발될 수 있을 것으로 기대된다. 담배자판기가 적극적이고 능동적인 사회적 역할을 할 수 있을 때 자연 이를 반대할 수 있는 명분도 약해질 수 밖에 없다. 산업계는 보다 신뢰성 있게 청소년 이용을 차단할 수 있는 담배자판기 관련 기술 수준을 향상시켜야 할 것이며, 협회에서는 담배자판기의 공공성과 역할에 대한 지속적인 계몽 홍보를 통해 소비자 인식을 고양시켜 나갈 수 있게 해야 할 것이다. 비록 전면 규제 완화가 어렵고 힘든 길이기는 하지만 소비자에게 신뢰성을 부여하고 청소년의 담배 구입 루트 차단에 혁혁한 역할을 다할 수 있게 된다면 그 입지기반을 재평가 받을 수 있게 될 것이다. 담배자판기의 내일은 이제 암울함이 아닌 서서히 희망을 비치는 쪽으로 급선회되고 있다.