• Title/Summary/Keyword: 정보주체 권리

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A Study on Legal Regulation of Neural Data and Neuro-rights (뇌신경 데이터의 법적 규율과 뇌신경권에 관한 소고)

  • Yang, Ji Hyun
    • The Korean Society of Law and Medicine
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    • v.21 no.3
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    • pp.145-178
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    • 2020
  • This paper examines discussions surrounding cognitive liberty, neuro-privacy, and mental integrity from the perspective of Neuro-rights. The right to control one's neurological data entails self-determination of collection and usage of one's data, and the right to object to any way such data may be employed to negatively impact oneself. As innovations in neurotechnologies bear benefits and downsides, a novel concept of the neuro-rights has been suggested to protect individual liberty and rights. In Oct. 2020, the Chilean Senate presented the 'Proyecto de ley sobre neuroderechos' to promote the recognition and protection of neuro-rights. This new bill defines all data obtained from the brain as neuronal data and outlaws the commerce of this data. Neurotechnology, especially when paired with big data and artificial intelligence, has the potential to turn one's neurological state into data. The possibility of inferring one's intent, preferences, personality, memory, emotions, and so on, poses harm to individual liberty and rights. However, the collection and use of neural data may outpace legislative innovation in the near future. Legal protection of neural data and the rights of its subject must be established in a comprehensive way, to adapt to the evolving data economy and technical environment.

A Study on A Model Sample for Guidance System for Copyright of Domestic Journals and Open Access Policy (국내 학술지 저작권 및 오픈액세스 정책 안내시스템 모형 연구)

  • Kim, Gyuhwan
    • Journal of Korean Library and Information Science Society
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    • v.47 no.4
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    • pp.265-288
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    • 2016
  • The study aimed to suggest a model sample for guidance system for copyright of domestic journals and open access policy. Toward this end, analyses were conducted to examine copyright of domestic journals and open access environment. As a result of analyses, it turned out that 33.8% of domestic journals had 'regulations on ownership of rights to papers published in journals,' and that the subject to ownership of rights to papers published in domestic journals accounted for 28.8%, which was the highest rate. Of domestic journals, 34% charged a subscription fee, and they were toll access journals, and 56% were free access journals. As for system examples of guide system for copyright of foreign journals and open access policy, analyses were conducted to examine and investigate SHERPA/RoMEO in the U.K. and SCPJ in Japan and generate considerations at a time of domestic application. What needs to be taken into account is that overseas examples are focused on collecting and introducing self-archiving policy by authors for academic journals, so there are limitations in offering information including open access publication policy for domestic journals. Based on the analytical result, the study designated the purpose, direction and four steps that need to be considered at a time of development of guide system models for copyright and open access policy for domestic journals before suggestion of the basic direction and operational methods by stage.

A Study on the Open Access Policy of Scholarly Journals Publishing Research Papers Funded by Korean Government (공공연구기금 논문성과물 게재 학술지의 오픈액세스 정책에 대한 연구)

  • Min, Yoonkyung;Cha, Mikyeong
    • Journal of the Korean Society for information Management
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    • v.34 no.1
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    • pp.155-176
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    • 2017
  • This study analyzes the open access policies of major scholarly journals that have large number of publicly funded articles, for the purposes of expanding and facilitating the public access. Eighteen scholarly journals in Korea and abroad were selected based on the number of published publicly funded articles through a survey of dissemination of publicly funded journal articles via information from NTIS. The open access policies of the selected journals were analyzed by 5 categories including codification of OA related policy, copyrights, reuse rights, self archiving policy, free access. As a result, this research proposed several considerations for establishing national policies for the collection and distribution of the publicly funded research products.

IC-CARD TYPE ELECTRONIC MONEY AND IMPROVEMENT POLICY (IC카드헝 전자화폐 도입방안의 문제점과 개선책)

  • 박근수
    • The Journal of Information Technology
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    • v.3 no.1
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    • pp.73-88
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    • 2000
  • Dramatic changes are beginning to occur in plastic card technologies today in the fields of banking, health care, id-cards and more. Advanced card technologies such as IC-card are playing an increasingly important role in new and innovation system. The merit of IC-card are more capacity, more secure, more reliable, quick and easy to update, secure offline processing, enabling technology etc than magnetic stripe card. And so many countries began using experiment of IC- card and our country began October 13 in Cheju island. Then there are three types using-experiment (K-cash, VISA-cash, MONDEX) in Korea. There are some problems such as standards, widely using, high cost, double investment etc. I think that important things in IC-card using is an international- standardizations and issuing corporation.

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A legal review of the jurisdiction of duties in civil and public litigation

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.26 no.10
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    • pp.147-155
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    • 2021
  • If one wants to file a lawsuit against the administrative office, he or she should decide whether to file a civil lawsuit or an administrative lawsuit. The type of lawsuit must be determined to determine which court to file the lawsuit with. Korea seems to have a clear distinction between administrative and judicial legal relationships, but it is not easy to distinguish between public and judicial cases unless the public and judicial discrimination are maintained. The practice or precedent of litigation is always difficult to distinguish because the litigation is based on the discrimination of whether the litigation belongs to a legal relationship in public law or judicial law. I believe that if the administrative litigation law establishes a provision related to the designation of a duty and stipulates that "if a litigation case is questioned whether it is an administrative or civil lawsuit, the Supreme Court-related court shall designate the competent court at the request of the parties," the lower court will be guaranteed the right to swift a trial, and the legal representatives will be freed from the exhaustive agony.

Significance of regulatory impact analysis(ria) system on food safety regulation and role of food industry (식품안전분야 규제영향분석제도의 의의와 식품 산업의 역할)

  • Ko, Hyo-Jin
    • Food Science and Industry
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    • v.51 no.3
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    • pp.174-184
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    • 2018
  • The impact of regulations on industrial activities is significant. Because the food industry has to observe given obligations and bear costs and expenses resulted from complying with applicable food safety regulations. Meanwhile, A government drafts the regulatory impact analysis report prior to enactment, amendment or reinforcement of any regulations. The analysis powered by objective and scientific methodologies enable a government to judge whether a particular regulation will be good or bad for the society. An effective policy implementation in practice and cost-bearing is entirely up to industries. Moreover, opportunity cost and actual cost relating to or arising from regulatory compliance will be estimated only by the respective industries. Therefore, the food Industry needs to collect and accumulate the said information and also to disseminate their hardships and financial burdens. Objective and practical information will encourage a government to set out regulatory frameworks that rational policy making.

Analysis on the Impact of Knowledge of Personal Information Protection on Their Behaviors in Elementary School (초등학생의 개인정보보호에 관한 지식이 행동에 미치는 영향 분석)

  • Lee, Kyungchan;Kim, Jamee;Lee, Wongyu
    • Journal of The Korean Association of Information Education
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    • v.19 no.3
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    • pp.299-310
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    • 2015
  • This study was conducted with the goal to identify the degree to which elementary school students' knowledge about personal information protection practices impacted their actual behavior with regard to privacy protection. To fulfill this goal, knowledge about personal information protection was set as (1) knowledge about concepts of personal information, (2) knowledge of the rights of information holders, (3) knowledge about the code of conduct for information protection, and (4) awareness of the value of personal information. As for students' behaviors to ensure their personal information protection those were set as their habits to comply with the personal in-formation protection code of conduct and their efforts to respond and recover from any personal information violation. This study was conducted targeting 510 elementary students. The degree of the students' knowledge and their behaviors was measured by first distributing a self-report survey to the students and then analyzing their responses. The results of the analysis revealed the following: First, it was found that there are no differences among the four factors of knowledge and behavior according to the status of their education. Second, the two factors that primarily affected their personal information protection behavior were found to be their awareness of the information protection code of conduct and awareness of the value of personal information. This study holds significance in that it makes suggestions as to how personal protection practices should be taught to public school students.

A Study on the Protection of Personal Information in the Medical Service Act (의료법의 개인정보보호에 관한 연구)

  • Sung, Soo-Yeon
    • The Korean Society of Law and Medicine
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    • v.21 no.2
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    • pp.75-103
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    • 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 Meaning and Tasks of Guidelines for Utilization of Healthcare Data (보건의료 데이터 활용 가이드라인의 의미와 과제)

  • Shin, Tae-Seop
    • The Korean Society of Law and Medicine
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    • v.22 no.3
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    • pp.31-55
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    • 2021
  • The Personal Information Protection Act, one of the revised 3 Data Laws, established a special cases concerning pseudonymous data. As a result, a personal information controller may process pseudonymized information without the consent of data subjects for statistical purposes, scientific research purposes, and archiving purposes in the public interest, etc. In addition, as a follow-up to the revised Personal Information Protection Act, a 'Guidelines for Utilization of Healthcare Data' was prepared, which deals with the pseudonymization in the medical sector. The guidelines are meaningful in that they provide practical criteria for accomplices by defining specific interpretations and examples that take into account the characteristics of healthcare data. However, the guidelines need to clarify the purpose of using pseudonymous data and strengthen the fairness of the composition of the data deliberation committee. The guidelines also require establishing a healthcare data compensation framework and strengthening the protection of rights for vulnerable subjects. In addition, the guidelines need to be adjusted for inconsistency with the Bioethics and Safety Act and the Medical Service Act. It is expected that this study will contribute to the creation of a safe environment for the utilization of healthcare data as well as the improvement of related laws and systems.

A Study on the Teaching Kits Provided by the National Archives in the Australia, the USA, and the UK (기록보존소 발행 교육용 사료집에 관한 고찰 - 호주와 미국, 영국 국립기록보존소를 중심으로 -)

  • Kim, Sang-Ho
    • Journal of Korean Society of Archives and Records Management
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    • v.4 no.1
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    • pp.87-100
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    • 2004
  • The purpose of this study is to analyze the style and the subject of the teaching kits published by the National Archives in the Australia, the USA. and the UK. The teaching kits-the educational document packets-made in printed format or PDF, HTML style are useful tools and better medium with which the national archives support classroom study and publicize the holdings of archives to students and teachers. Although subjects covered in the teaching kits vary slightly according to national circumstances, primary topics are history of nation and government, civil rights, immigration, war, events, culture, and records, etc. It is important to select the theme, find the related original records, and edit packets for students take much interest in.