• Title/Summary/Keyword: Information Protection Law

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Improvement Research for Information Protection Management System of Small and Medium Enterprises (중소기업의 정보보호 관리체계 개선방안 연구)

  • Hye-Joung Yun;Yong-Woo Lee;Hee-Doo Heo;Sam-Hyun Chun
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.23 no.2
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    • pp.15-20
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    • 2023
  • Recently, digitalization is accelerating in all industries, and the use of information and personal information produced and used in the process of it is very important for the success or failure of a company. However, malicious attempts to steal or leak major information and personal information of a company as an adverse effect continue to increase, and appropriate defense and response are absolutely necessary. However, in the case of small and medium-sized enterprises, the priority of information protection and the possession of professional manpower are very insufficient compared to large enterprises. This paper studies the certification and audit implemented in Korea, and suggests ways to expand the certification of the information protection system suitable for SMEs and improve the effectiveness of the support system through the expansion of the privacy law notification standard and operation of support system.

The Protection of Privacy and the Restriction of Its Commercial Use in Telecommunications (통신산업에서 개인정보의 보호와 영업적 이용의 한계)

  • Hong, Myung-Su
    • Journal of Legislation Research
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    • no.41
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    • pp.303-335
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    • 2011
  • The rapid changes in telecommunications have exercised an important influence on the telecommunications law system, including the protection of the privacy. It was a decisive assignment that telecommunications law protected the confidentiality of privacy. But in new digitalized telecommunications circumstance, every steps of the conveyance of the individual informations should be protected, in particular by telecommunications carriers as a subject of the protection of information. EU Privacy Directive in 2003 and the amendment of Communications Act in U. S. A. in 1996 have reflected the necessity of the privacy from a new point of view. In Korea, "Protection of Privacy Act" has been established as general law as to the protection of privacy and "Electronic Communications Net-work Act" and "Location Data Act" have been functioned as special law in telecommunications, and these laws have developed the legal systems about the protection of privacy in telecommunications. Such a legal system could be affirmatively evaluated. But the regulations should be reformed in a way that corresponds to the detailed types of the privacy and it should be devised a method, that the consent of users could be fulfilled practically.

A Study on The Protection of Intellectual Property Right about The Electronic Commerce - Focusing on the Domain Name And the Trademark Infringement - (전자상거래상(電子商去來上) 지식재산권(知識財産權)의 보호문제(保護問題)에 관한 연구(硏究) - Domain Name과 상표권(商標權) 침해여부(侵害與否)를 중심(中心)으로 -)

  • Lee, Han-Sang
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.1013-1032
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    • 2000
  • At present, the scale of Electronic Commerce through internet has been rapidly increasing due to the development of information & communication technology, and aggregated to 2.4 billion dollar in America last year (1998). The market scale of worldwide electronic commerce is also presumed to be about 130 billion dollar in 2000, and to occupy more than 20% of the whole world trade in world 2020. Since the right of trademark, despite of being effective only in registered nations on the principle of territorialism, is unified on the cyber space of internet without domestic barrier or local limitation which make it easier to conduct the distribution of information rapidly through the address-internet domain name, those are very important that the systematic dispute-solving plan on problems such as decision of its Act and international jurisdiction to be established, in an effort to prevent the newly emerging dispute instances such as trademark infringement and improper competitiveness. In addition, it is natural that on the threshold of the electronic commerce age which formed with an unified area without the worldwide specific regulation, each country including us makes haste with the enactment of "electronic commerce Act" aiming at coming into force in 1999, in keeping with getting through "non-tariff law on electronic commerce" by U. S. parliament on May, 1998. In view of the properties of electronic commerce transactions through internet, there are the large curtailment of distributive channel, surmounting of restrictions on transaction area, space and time and the easy feedback with consumer and the cheap-required capital, from which the problems may arise - registration of trademark, the trademark infringement of domain name and the protection of prestigious trademark. Therefore, it is necessary to take the counter-measure, with a view of reviewing the infringement of trademark and domain name and the instances of each national precedent and to preventing the disputes. The improvement of the persistent system should be needed to propel the harmonious protection of those holding trademark right's credit and demanders' expectant profit by way of the righteous use of trademark.

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Countermeasure of Uumanned Aerial Vehicle (UAV) against terrorist's attacks in South Korea for the public crowded places (국내 소프트 타깃 대상 드론테러의 법제도 개선방안 연구)

  • Oh, Hangil
    • Journal of the Society of Disaster Information
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    • v.15 no.1
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    • pp.49-66
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    • 2019
  • Purpose: This study aims to apply the counter terrorism policy in pertain to malicious drone abuse and the croweded public places in South Korea. And, to improve counter terrorism protection measure, this study suggests an adoptation of Anti UAV technology into counter terrorism related regulation. Method: Compared to nations' operations of counter terrorism prevention and protection activities with the South Korean gov, problems and limitations are suggested. Results: Anti UAV technology could not be applied for Multi-user facilities by any law due to the limitation, so that it is required to amend counte terrporism related policies and law. Conclusion: This study intends to identify various protection methods against UAV threats. To reduce the risk of UAV, the law of public safety and counter terrorism should be promoted and reinforced for the first.

Massive Surveillance by US-UK intelligence services : Crisis of the Internet and the Rule of Law (미국/영국 정보기관의 무차별 정보수집행위: 인터넷과 법치주의의 위기)

  • Kim, Keechang
    • Review of Korean Society for Internet Information
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    • v.14 no.3
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    • pp.78-85
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    • 2013
  • The revelations made possible by Edward Snowden, a contractor of the US intelligence service NSA, are a sobering reminder that the Internet is not an 'anonymous' means of communication. In fact, the Internet has never been conceived with anonymity in mind. If anything, the Internet and networking technologies provide far more detailed and traceable information about where, when, with whom we communicate. The content of the communication can also be made available to third parties who obtain encryption keys or have the means of exploiting vulnerabilities (either by design or by oversight) of encryption software. Irrebuttable evidence has emerged that the US and the UK intelligence services have had an indiscriminate access to the meta-data of communications and, in some cases, the content of the communications in the name of security and protection of the public. The conventional means of judicial scrutiny of such an access turned out to be ineffectual. The most alarming attitude of the public and some politicians is "If you have nothing to hide, you need not be concerned." Where individuals have nothing to hide, intelligence services have no business in the first place to have a peek. If the public espouses the groundless assumption that State organs are benevolent "( they will have a look only to find out whether there are probable grounds to form a reasonable suspicion"), then the achievements of several hundred years of struggle to have the constitutional guarantees against invasion into privacy and liberty will quickly evaporate. This is an opportune moment to review some of the basic points about the protection of privacy and freedom of individuals. First, if one should hold a view that security can override liberty, one is most likely to lose both liberty and security. Civilized societies have developed the rule of law as the least damaging and most practicable arrangement to strike a balance between security and liberty. Whether we wish to give up the rule of law in the name of security requires a thorough scrutiny and an informed decision of the body politic. It is not a decision which can secretly be made in a closed chamber. Second, protection of privacy has always depended on human being's compliance with the rules rather than technical guarantees or robustness of technical means. It is easy to tear apart an envelope and have a look inside. It was, and still is, the normative prohibition (and our compliance) which provided us with protection of privacy. The same applies to electronic communications. With sufficient resources, surreptitiously undermining technical means of protecting privacy (such as encryption) is certainly 'possible'. But that does not mean that it is permissible. Third, although the Internet is clearly not an 'anonymous' means of communication, many users have a 'false sense of anonymity' which make them more vulnerable to prying eyes. More effort should be made to educate the general public about the technical nature of the Internet and encourage them to adopt user behaviour which is mindful of the possibilities of unwanted surveillance. Fourth, the US and the UK intelligence services have demonstrated that an international cooperation is possible and worked well in running the mechanism of massive surveillance and infiltration into data which travels globally. If that is possible, it should equally be possible to put in place a global mechanism of judicial scrutiny over a global attempt at surveillance.

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An Experimental Study on the Effects of Risk Cognition of Personal Information and Self-Expression Information on Conation of Privacy Protection (SNS의 개인정보와 자기표현정보의 중요도 인지가 정보보호 행동의지에 미치는 영향에 관한 실험연구)

  • Lim, Jung-Ho;Kwon, Sun-Dong
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.28 no.3
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    • pp.681-694
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    • 2018
  • This paper studied the effects of risk cognition of personal information and self-expression information on conation of privacy protection. In the first study, 88 college students who volunteered for this research were surveyed about risk cognition of personal information and conation to protect it. In the second study, after an information-seeking expert collected and organized the self-expression information that 88 volunteers had expressed on SNS, and then showed the organized self-expression information to 88 volunteers, and then 88 volunteers were surveyed about risk cognition of self-expression information and conation to protect it. As results of the first data analysis, the risk cognition of personal information had the greatest influence on non-disclosure of personal information, followed by reduction of the disclosure scope and law institutionalization requirement. As results of the second data analysis, SNS users openly expressed their opinion or life-style, but when they realized that self-expression information can be accumulated and become sensitive information, they had conation to protect their self-expression information such as non-disclosure, reduction of disclosure scope, and law institutionalization requirement. The implication of this study is that we have overcome the limitations of existing researches that can not explain information protection behavior on SNS.

A Study on the Rules of Origin Review and Rules of Origin Judgement (원산지의 제반이론과 규정 분석 그리고 원산지 판정에 관한 연구)

  • Lee, Je-Hong
    • International Commerce and Information Review
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    • v.9 no.2
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    • pp.351-371
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    • 2007
  • This study article is a study on the rules of origin review and rules of origin judgement. and The purpose of this article shall be studies to korea foreign law and Korea American FTA in origin country regulation. this article are two most important elements in determining market access in a FTA. that is the coverage of tariff elimination and rules of origin. The rule of origin in a FTA greatly influences the creation of economic profit and distribution. Therefor, The Result of the article is review to protection of domestic customers and domestic industries in rules of origin. This study contributes to a understanding of judgement of rules of origin and extend level of generalization of exchange law, WTO, FTA Regulations by review interaction relation.

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Legal Issues In Information Management (정보관리와 관련된 법적문제)

  • Lee Soon Ja
    • Journal of the Korean Society for Library and Information Science
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    • v.19
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    • pp.23-61
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    • 1990
  • Libraries and information centers are no different from any other institutions in our society. Today, their managers have to make many more decisions which have certain legal implications than before. The ignorance of the law on their parts can not be an acceptable excuse anymore, since. the consequences sometimes maybe quite serious. This paper outlines some important legal issues involved in the services and management of libraries and information centers. They are: constitutional rights on human knowledge activities: library act and it's related laws; censorship and right to know; information access and the protection of privacy: library services and copyright law; labor relations; protections of the people and properties of the institutions, etc. The laws are not static: rather, they change with the social, political and technological environments. The managers, as well as the staff members of libraries and information centers should be constantly updated with the changes in the field, in order to give the maximum service to the clients and to prevent any infringement of the laws, which may discredit their services and the institutions.

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A Study on Infringement Cases of Software Copyright and the Dispute Settlement (소프트웨어 저작권 침해사례와 분쟁해결에 관한 연구)

  • 장병윤
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.547-584
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    • 2004
  • Information technology(IT) is changing rapidly based on growth of internet and computer businesses. Therefore, computer programs and softwares are distributed to computer users promptly for their productivity increase and efficient work. So, in the distribution, the softwares will be copied or released through network or other methods which are not authorized by the program owners. In that case, copyright dispute is incurred and various issues are come out due to infringement of the software copyright. Thus, the purpose of this study is to research infringement cases of the software copyright and how to settle the dispute which is related with software programs. To achieve the purpose of this study, this research consisted of 5 chapters. At chapter 1 introduction, it mentioned necessity of this study, purpose and how to research this study, and at chapter 2 dispute factors indicated and summarized for technical resolution. At chapter 3, infringement cases of software copyright analyzed and studied upon intellectual property(IP) related laws. And methods of dispute settlement discussed and suggested to chapter 4 for copyright and intellectual property protection. Also, it emphasized importance of arbitration to resolve the issues timely and avoid time and economical consumption. Of course, arbitration law has to be matched with the trend of technology development for effective settlement. At chapter 5 conclusion, it summarized this research and suggested further research for empirical test of economic value of the software copyright upon the aspect of business, law, and engineering. In this study, the results are 1) IP related laws have to be enacted or revised to meet technical changes for the protection of software copyright on time. The enactment or the revision of law takes a long time, therefore, to deal the dispute effectively, 2) arbitration law has to be utilized efficiently in order to resolve issues and settle the dispute promptly. It is suggested the dispute settlement through arbitration to save time and economic matters for legislation, and to harmony with the technology trends. 3) Recognition of software copyright is to be improved by users and enterprises for development of software related industries and intellectual property protection. In conclusion, the protection of software copyright is important than any other things in the field of IT because of the development of industry and intellectual property related laws. The development is for areas of business, law and engineering, so research and practices are to be combined with the areas so that it could resolve the dispute settlement and IP protection effectively.

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Some Theoretical Foundations on the Necessities and Functions of Global Electronic Transactions Act (전자무역 활성화를 위한 글로벌 전자무역거래법의 요건과 역할기능의 이론적 기초)

  • Kim, Ki-Sun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.17
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    • pp.129-146
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    • 2002
  • The electronic technology development have occurred in the face of existing legal barriers to legal efficacy of computer information goods, and the liberating promise of electronic transactions cannot fully realized unless there is predictability in the legal rules that govern such transactions. This study analyzes some theoretical fundamentals of the Act. First, it proposes that the Act clarify and set forth uniform legal principles applicable to computer information transactions. Secondly, it suggests that if the individual is risk averse, the acceptance set for electronic transactions will be a convex set, and that the application of the Act will make the acceptance set more expanded by lowering the probability of conflicts and by downsizing the risk averness. Thirdly, it also suggest that through the mothod of contingent commodities analysis, the application of the Act by means of its restricted regulations will give more expected utility than the absence of the Act. Fourthly, it derives some implications that the degree of legitimate restriction will be affected by the objective risk inherent to the electronic transactions, and the individual's subjective risk-averseness. Finally, it concludes that harmonization of restriction and protection of individual's rights in electronic transaction process will be a necessary condition for more efficient body of law from the law-economic perspectives.

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