• Journal of Digital Convergence
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• v.9 no.5
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• pp.11-20
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• 2011

Internet users and copyright holder have been at the center of a severe legal dispute because file-sharing soft (P2P) through Napster aggravates the violation of copyright as well as takes on the world. Though it is natural that we should hold users a criminal penalty for the illegal use of various computer programs, I think that if the supply of a computer program is generally within a circle of development act, program developer ought not to hold users criminally liable for the unintended illegal act of users. Two main issues are addressed in this work: (i) the basis and validity of legal responsibility and condemnation that appear in the precedent set as to P2P in America, Japan, and Korea. (ii) the necessity of both scientific technology development and efficient legal regulation of copyright holder. For this purpose, software development and legal regulation are reviewed analyzed from viewpoint of the criminal law.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.2
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• pp.69-100
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• 2011

The penalty clauses of 'Aviation Act' and 'Aviation Safety and Security Act' going into effect now were legislated because the aviation safety is being more influenced by the aviation safety system compared to the ground or maritime transportation and it is possible the aircraft can harm to people and wealth located in the ground as well as threaten the safety of the passengers and crew on board when it is the target of crimes. However, analyzing the current acts, applicable objects and behavioral requirements of some provisions are too general, and they are providing severely high penalties in many clauses without separating applicable objects and behavioral requirements. In addition, there are some critical legislative defects and there is a problem in terms of law-applicable area in the legal system. It is inferred that these legislative problems of the criminal special-law related to the aviation were caused by following reasons; first, aviation security experts or policy-makers than criminal law experts attended more actively in the enactment process, second, the communication among specialist groups were not accomplished well enough.

• 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.

• Korean Security Journal
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• no.61
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• pp.333-352
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• 2019

In January and August 2019, there were amendments to the Unfair Competition and Trade Secrets Protection Act (UCPA) and the Industrial Technology Protection Act(ITPA). These amendments will contribute to technology protection. But these amendments need to be supplemented further. In the area of civil remedies, despite the introduction of treble damages in the case of the UCPA and ITPA, the provisions related to the submission of supporting data have not been maintained. Therefore, it is necessary to recognize the claim of the other party as true if it is maintained at the level of the revised Patent Act and the scope of submission of supporting data. And the enforcement of the case of compulsory submission for the calculation of damages, and the order of filing documents are not followed. ITPA, on the other hand, has introduced the compensation for damages, but there is no provision for estimating the amount of damages. Therefore, it is necessary to estimate the amount of lost profits, profits, and royalties. In the area of criminal remedies, both the UCPA and ITPA have raised the penalty, but the sentencing regulations are not maintained. In addition, although the recent outflow of technology has expanded beyond organizational deviations to organizational outflows, amendments need to be made in relation to the serious consequence for the punishment of related juristic persons, such as companies involved in it. It should be noted that Japan and the United States have corporate regulations and regulations. In addition, in relation to the confiscation system, Act on Regulation and Punishment of criminal proceeds concealment require that domestic defenses be confiscated by defense industry technology, while trade secrets and industrial technologies are confiscated only by "foreign" outflows, and an amendment is necessary.

• The Korean Society of Law and Medicine
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• v.21 no.3
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• pp.117-144
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• 2020

In accordance with Article 15 of the Medical Law, medical personnel in Korea cannot refuse treatment of a patient unless there is a justifiable reason, and violation of this obligations is subject to criminal penalties. Japan also stipulates the same content in the law. However, this violation of obligations in Japan is not subject to criminal penalties, and is used as a judgment element of the liability for damages of doctors only in the case of damage to the patient. However, in both countries, it is difficult to interpret and apply the law because the regulation is a little ambiguous. In particular, the key is to find out what is the justifiable reason for the doctor to refuse treatment of the patient. Recently, Japan has completed the work of re-examining the discussion on medical refusal from a modern perspective in terms of improving the excessive working environment of doctors. On the other hand, in Korea, it is not clear in what cases it is possible to refuse treatment. because there is a lack of systematic discussion on medical refusal. Rather, unnecessary misunderstandings and controversies have resulted in the loss of trust between patients and doctors. In Korea, there is already a legal right for a doctor to reject it according to his religious beliefs or conscience in the implementation of the suspension of life-sustaining treatment decisions. And in the case of an abortion, debates are underway that doctors should be given the right to refuse it. This study introduces the current state of discussion in Japan, and examines the issues surrounding medical refusal in Korea. It is hoped that this study will facilitate further discussions on the medical refusal.

• Korean Journal of Construction Engineering and Management
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• v.24 no.2
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• pp.50-58
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• 2023

Bid-rigging is a common issue in public construction projects, and appropriate sanctions are required from the relevant authorities. This study analyzes the need for an optimal enforcement model to prevent bid-rigging by considering both civil and criminal aspects. Recently, there have been overlapping sanctions under the Fair Trade Act, such as fines imposed by the Fair Trade Commission and civil lawsuits filed by the client for damages. The purpose of this study is to evaluate the effectiveness of penalty surcharges and compensation systems for preventing bid-rigging, and to consider the possibility of overlapping sanctions in public construction projects. It was found that overlapping sanctions under the Fair Trade Act can be helpful in improving the system. However, in cases where the state is the plaintiff for damages in a lawsuit, it is necessary to consider the penalty surcharge and sentence, reduce the penalty surcharge for joint acts, refund the surcharge after a final judgment, and consider the damage compensation system when imposing a surcharge. This study contributes to the development of an efficient enforcement model to suppress bid-rigging in public construction projects by analyzing the improvement effects of sanctions and compensation.

• The Korean Journal of Air & Space Law and Policy
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• v.34 no.1
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• pp.3-38
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• 2019

In 1984, Congress enacted a new measure of administrative sanctions which is a civil money penalty program for violations of Aviation Act and its implementing regulations. This civil money penalty system has been in operations in lieu of suspending or revoking certificates issued by Korean government, Ministry of Land, Infrastructure, and Transport. According to the rules of Aviation Business Act or Aviation Safety Act, where the Minister of Land, Infrastructure and Transport should order an air carrier to suspend operation because of her violation under certain rules, in which case the suspension of operation is likely to cause serious inconvenience to consumers of air transport services or to harm public interest, the Minister of the department may impose an administrative monetary penalty in lieu of the suspension of operation. In this regard, airline related civil money penalties are somewhat different from those of fair trade, which is the origin of the money penalties system in Korea. Civil money penalties in the field of fair trade are imposed on executive duty violations that undermine the value of the market economy order, and focus on reimbursement of profits due to violations and compensation for unfair spending by consumers. However, in the aviation sector, breach of duty by a business operator does not simply cause the property loss of the public, but it has a direct impact on life or property of the public. In this respect, aviation penalties are more likely to be administrative sanctions or punitive measures than refunds of unfair benefits, compared to penalties in the field of fair trade. In general, civil money penalties have been highly preferred as administrative sanctions because they are subject to investigations by administrative experts and thus, efficiency can be ensured and execution is quicker than judicial procedures. Moreover, in Korea, because punitive civil damages cannot awarded by the courts, the imposition of civil money penalties is recognized as a means of realizing social justice by recognizing the legal feelings of the people. However, civil money penalties are administrative sanctions, and in terms of effectiveness, they are similar to criminal fines, which are a form of punishment. Inadequate legislation and operation of penalties imposition may cause damage to the value of Constitution. Under the above recognition, this paper has been described for the purpose of identifying the present status of the civil money penalties imposition system and operating status in the area of air transport under the laws and regulations in Korea. Especially, this paper was focused on exploring the problem and improvement direction of Korean system through the comparative study with foreign laws and regulations.

• Proceedings of the Korea Contents Association Conference
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• 2009.05a
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• pp.559-566
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• 2009

The Capital punishment is a sentence which imposes the defendant to be put to death for his crime, thus depriving him/her of life and it's the heaviest punishment of all. It is a very sensitive issue in the sense that it denies a person's life and dignity. It is also an on-going issue which continues to cause political and ethical controversies. Although there is no direct stipulation acknowledging capital punishment in the constitution, there is controversy on the existence of indirect basis. The Art. 12. I. can not be regarded as an indirect provision if it is interpreted to have criminal punishments stipulated by written law. As the supreme Court and the Constitution Court are supporting the capital punishment which seems unconstitutional, legislative examination is inevitable. Considering the fact that the Constitution is neither for nor against the death penalty positively, it is possible to abolish it by enactment of a law and thus, constitutional amendment would not be needed.

• Journal of the Korea Society of Computer and Information
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• v.13 no.1
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• pp.143-151
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• 2008

Execute IP traceback at this paper as target an intruder's attacking that Bypass Attack in order to avoid an exposure of own Real IP address Design IP traceback server and agent module, and install in Internet network system for Real IP traceback. Set up detection and chase range aggressive loop around connection arbitrariness, and attack in practice, and generate Real IP data cut off by fatal attacks after data and intrusion detection accessed general IP, and store to DB. Generate the Forensic data which Real IP confirms substance by Whois service, and ensured integrity and the reliability that buy to early legal proof data, and was devoted to of an invader Present the cyber criminal preventive effect that is dysfunction of Ubiquitous Information Society and an effective Real IP traceback system, and ensure a Forensic data generation basis regarding a judge's robe penalty through this paper study.

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