• Journal of the Korean BIBLIA Society for library and Information Science
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• v.29 no.4
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• pp.179-202
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• 2018

This study examined and analyzed the related study, Library Law, comparison of Korean Library Standards and IFLA guidelines and the status of domestic hospital library provision in order to grasp the regulations and status of domestic hospital library. As a result, the related study is very insufficient compared to overseas, and the Law and Standards for hospital libraries are not clearly and in detail in the Library Law. It is impossible to grasp the statistics and actual condition of the hospital library through the Yearbook of the Korean Library. The Korean Library Standards and IFLA guidelines also show differences in composition and key elements. According to the survey, 49 hospitals (1.3%), 8 hospitals (0.2%), 5 nursing hospitals (0.1%), 4 children's hospitals (0.1%), and 1 military hospital (0.0%) were among the 67 hospitals surveyed. Of the 49 general hospitals, 42 were advanced general hospitals, of which 17 were providing hospital libraries. The most urgent issue for providing hospital libraries is the revision of the Library Law and the Korean Library Standards, and the mandatory provision of hospital libraries, publicity through library magazines, and related research should be carried out.

• The Korean Society of Law and Medicine
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• v.11 no.1
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• pp.117-143
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• 2010

Along with the development of digital technologies, the information obtained during the medical procedures was working as a source of valuable assets. Especially, the secondary use of personal health information gives the ordeal to privacy protection problems. In korea, the usage of personal medical information is basically regulated by the several laws in view of general and administrative Act like Medicine Act, Public institutions' personal information protection Act, Information-Network Act etc. There is no specific health information protection Act. Health information exchange program for the blood donor referral related with teratogenic drugs and contagious disease and medical treatment reporting system for income tax convenience are the two examples of recently occurred secondary use of health information in Korea. Basically the secondary use of protected health information is depend on the risk-benefit analysis. But to accomplish the minimal invasion to privacy, we need to consider collection limitation principle first. If the expected results were attained with alternative method which is less privacy invasive, we could consider the present method is unconstitutional due to the violation of proportionality rule.

• Journal of Information Management
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• v.33 no.4
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• pp.57-84
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• 2002

Digital library in knowledge-information-based society of the 21st century should develop legally various digital information resources in order to provide information services to users. This study analyzes and examines in detail the related provisions of copyright law relating to the development of digital information resources(digitalized works, electronic books, electronic journals, electronic reserve materials etc.). This study also points out the problems of the current Copyright Act and proposed Copyright Act of Korea. And it suggests necessary measures and improved plans to promote the development of digital information resources.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.14
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• pp.103-152
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• 2000

English contract law has traditionally taken the view that it is not the duty of the parties to a contract to give information voluntarily to each other. In English law, one of the principal distinctions between insurance contract law and general contract law is the existence of the doctrine of utmost good faith in insurance law. The doctrine gives rise to a variety of duties, some of which apply before formation of the contract while others apply post-formation. This article is, therefore, designed to analyse the overall structure and problems of the doctrine of utmost good faith in English marine insurance law. The results of analysis are as following : First, the requirement of utmost good faith in marine insurance law arises from the fact that many of the relevant circumstances are within the exclusive knowledge of the assured and it is impossible for the insurer to obtain the facts to make a appropriate calculation of the risk that he is asked to assume without this information. Secondly, the duty of utmost good faith provided in MIA 1906, s. 17 has the nature as a bilateral or reciprocal, overriding and absolute duty. Thirdly, the Court of Appeal in Skandia held that breach of the pre-formation duty of utmost good faith did not sound in damages since the duty did not arise out of an implied contractual term and the breach did not constitute a tort. Instead, the Court of Appeal held that the duty was an extra-contractual duty imposed by law in the form of a contingent condition precedent to the enforceability of the contract. Fourthly, the scope of the duty of utmost good faith is closely related to the test of materiality and the assured is required to disclose only material circumstances subject to MIA 1906, s. 18(1) and 20(1). The test of materiality, which had caused a great deal of debate in English courts over 30 years, was finally settled by the House of Lords in Pan Atlantic and the House of Lords rejected the 'decisive influence' test and the 'increased risk' test, and the decision of the House of Lords is thought to accept the 'mere influence' test in subsequent case by the Court of Appeal. Fifthly, the insurer is, in order to avoid contract, required to provide proof that he is induced to enter into the contract by reason of the non-disclosure or misrepresentation of the assured. Sixthly, the duty of utmost good faith is, in principle, terminated before contract is concluded, but it is undoubtful that the provision under MIA 1906, s. 17 is wide enough to include the post-formation duty. The post-formation duty is, however, based upon the terms of marine insurance contract, and the duty lies entirely outside s. 17. Finally, MIA 1906, s. 17 provides expressly for the remedy of avoidance of the contract for breach of the duty. This means rescission or retrospective avoidance of the entire contract, and the remedy is based upon a fairly crude 'all-or-nothing' approach. What is needed in English marine insurance law is to introduce a more sophiscated or proportionate remedy.

• Electronics and Telecommunications Trends
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• v.35 no.6
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• pp.88-96
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• 2020

As the usability and value of personal information increase, the importance of privacy protection has increased. In Korea, the scope of the use of pseudonymized personal information has increased because of revisions to the law. In the past, security technologies were used to safely store and manage personal information, but now, security technologies focused on usability are needed to safely use personal information. In this paper, we look at issues related to the de-identification and re-identification of personal information. Moreover, we examine the standards and techniques related to the de-identification of personal information.

• Journal of the Korea Society of Computer and Information
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• v.22 no.6
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• pp.141-147
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• 2017

Along with the recent growth of Fintech industry and low interest rate basis, one of the alternative investment technique for expecting higher investment profit, P2P loan using P2P financial system is greatly increasing. P2P loan can be referred to as a type of Crowdfunding that the law of Crowdfunding (adopted to revised Capital Market Act) enacted on January 25th 2016 only allows investment type Crowdfunding so that it can be used as a tool of raising fund for startup and venture companies. Also, it is true that Korean government could not make any legislative foundation related to P2P loan. At this moment, those online platform companies mediating P2P loan are not included as financial companies, expected to cause various legal arguments. Financial Services Commission has released a guideline in February of this year saying that limit of P2P loan is 10 million Korean Won per arbitrating company and 5 million Korean Won per borrower. However, what is more important is to make a law supporting this institutional system. If legislation on P2P loan is implemented without care, it may disturb growth of the field but it may result in the damage of investors if not clearly defined by law. As this is the case, first, "revision of execution regulations for loan business" should take place as soon as possible to intensify inspection of loan companies by registering them to Financial Services Commission. Second, saving customer fund separately in the their organization. Third, making law on protecting investors such as regulating exaggerative advertisement. Fourth, to have transparent and fair public announcement system, standardized agreement and guideline describing clear understanding on autonomous public information publication of P2P loan online platform business and information on the borrower.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.199-224
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• 2018

Aviation's safety record continues to improve yearly, especially with respect to passenger and crew injuries and deaths. However, although the number of accidents has decreased over the decades, there are still many events, such as landings short of the runway and runway excursions, both of which pose threats to passenger and crew safety. Surviving any kind of aviation accident depends on the physiological threat and stress of the impact(s), the extent to which the physical structure surrounding the passengers and crew remains intact, and the ability of the passengers and crew to be able to escape the wreckage. The one action that both passengers and crew can carry out to help decrease the likelihood of crash-related injury or death is to assume an emergency brace position. Doing so has been demonstrated over several decades to improve survivability. While cabin crew are taught (and then might have to teach passengers in an emergency about the emergency brace position), passengers in many parts of the world never learn about the brace position unless they are involved in an emergency in which there is time to prepare for the landing. This lack of provision of information is related to the fact that most airlines do not provide information in the preflight safety briefing and some do not even provide the information in the passenger safety cards. Many countries do not require their airlines to do so, a fact, which in turn, is related to the lack of mention of the brace position in ICAO's Annex 6. Until standards and recommended practices are changed at the highest world level, passengers will continue to be deprived of this vital, life-saving information that they can use, potentially to help save their own lives.

• Journal of Information Management
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• v.40 no.4
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• pp.135-150
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• 2009

Existing bibliometric laws have been established on the basis of well defined science journals with a long history. However, the history of technology innovation research in Korea is young and the scope of the research is diverse compared with other fields. The main purpose of this research can be summarized as follows : Can the traditional bibliometric laws be used to explain the young and diverse data derived from technology innovation studies in Korea. Second, we want to compare the explain ability of the power law, compared with the traditional laws in the field. Third, we propose a quasi index related to the well-known impact factor to measure the contribution of a journal or a group of journals to the development of innovation research in Korea. We confirmed Lotka's and Bradford's laws which are used to measure the productivity of researchers, but we could not support the validity of Price's Square Root law as Nicholls (1998) could not. On the citations to journals, Garfield's laws is not observed. However, the power law fits well the citations to author, journal, article, and book. The estimated parameters between 1.6 and 3.5 are similar to the values in the range of 1.5 and 3 in previous studies. Finally the quasi index shows that the influence of international leading journals on innovation research in Korea is weaker than on innovation studies in the world.

• The Journal of Korean Institute of Communications and Information Sciences
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• v.37 no.8C
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• pp.703-710
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• 2012

The new article, related to temporary copy on exploitation of copyrighted works, has been introduced in the copyright law as partly revised on December 2, 2011. While number of researches on in-network caching including Content-Centric Networking are conducted quite actively in recent years, the need for legal and institutional considerations has arisen since temporal storage (i.e. temporal copy) may be made not only at user devices but also in routers such as network equipments. This paper examines issues on temporary copy of copyrighted works mainly focusing on the articles and the related articles of the recently revised copyright law as well as the Free Trade Agreement between the Republic of Korea and the United States of America and further studies necessary institutions required to actualize in-network caching.

• The Korean Journal of Air & Space Law and Policy
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• v.3
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• pp.233-258
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• 1991

This paper examines current developing status of space law as defined in terms of its unique principle that "the utilization of outer space for all mankind's interest". As commercialization of space activities has brought about heated debate on its legitimacy with respect to that principle, space law has come to witness a dual situation. One is the realization of that principle in establishing commercial space activities system where all mankind's interest is respected through the non-discriminatory distribution mode of space benefit. In satellite telecommunication system, the INTELSAT Organization assures its public service policy while protecting itself against a competition from separate systems. For remote sensing, commercialization of LANDSAT Systems promoted since 1984 seems not to affect present non-discriminatory distribution of data and information obtained. On the other hand, active participation of private entity aiming at commercial profit enables national government to manage more effective control and supervision of those activities with a view to promoting national interests. Also, newly developed private rules and regulations are emerging in business relations about commercial space activities. Extended capacity of national government assuring its national interest in production and distribution of international resources that is outer space, and regulation of space activities by newly developed rules and customs provoke a concern about a identity problem of space law. The best way to summarize this perspective might consist in saying that non space law regulations, which are not assumed as aiming at the promotion of all mankind's interest, are confirming their role about space related activities. For those reasous, we are now facing a developing status of space law as developments of commercial space activities continues.