• Korean Security Journal
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• no.8
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• pp.1-26
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• 2004

The current consitutional law 29-1 is ordaining the State Tort Liability for the illegal action of public service personnel. Based on this regulation, the State Tort Liability Act 2-1 actualizes by indicating, the nation or the local self-governing community is responsible for the public service personnels damaging others during their office hours whether it is accidental or intentional. However, the same law is considered to be inappropriate for the damage relief. In order to supplement this problem, through examinations at both theoretical and systematic levels of Prima facie as well as the objectification and standardization of the damages are required for the national compensation for the police action. According to the objectification and standardization of the damage theory, the faulty actions of the public service personnel are the defects occurred during the office hours. In the case of the police action that frequently uses infringement administration, invading the liberty and rights of the people, it is necessary to interpret faulty damages during the office duties more comprehensively so as to extend its scope of the ordinary public service personnel accidental illegality. In order to warrant effectiveness of the securing the rights, it is crucial to distinguish whether the faulty actions are accidental or intentional. When proven to be damages by illegal police action, the police personnel is responsible for the faults, called Prima facie, the nation is liable for the damage relief.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.2
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• pp.75-111
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• 2020

The civilian drone world has evolved in recent years from one dominated by hobbyists to growing involvement by companies seeking to profit from unmanned flight in everything from infrastructure inspections to drone deliveries that are already subject to regulations. Drone flight under the property right relation with the land owner would be deemed legal on the condition that expeditious and innocent passage of drone flight over the land be assured. The United Nations Convention on the Law of the Sea (UNCLOS) enshrines the concept of innocent passage through a coastal state's territorial sea. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state. A vessel in innocent passage may traverse the coastal state's territorial sea continuously and expeditiously, not stopping or anchoring except in force majeure situations. However, the disturbances caused by drone flight may be removed, which is defined as infringement against the constitutional interest of personal rights. For example, aggressive infringement against privacy and personal freedom may be committed by drone more easily than ever before, and than other means. The cost-benefit analysis, however, has been recognjzed as effective criteria regarding the removal of disturbances or injunction decision. Applying that analysis, the civil action against such infringement may not find suitable basis for making a good case. Because the removal of such infringement through civil actions may result in only the deletion of journal article. The injunction of drone flight before taking the information would not be obtainable through civil action, Therefore, more detailed and meticulous regulation and criteria in public law domain may be preferable than civil action, at present time. It may be suitable for legal stability and drone industry to set up the detailed public regulations restricting the free flight of drone capable of acquiring visual information amounting to the infrigement against the right of personal information security.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.13 no.6
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• pp.17-32
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• 2003

The information drive of the businesses requires new alternatives in that the promotion of business efficiency through information process technologies ends up conflicting with the protection of information human rights on laborers' side. Nevertheless, apathy on information protection has a tendency to be distorted by the efficiency of the businesses. Should the capital and mass media warn economic red lights, political circles with uneasiness would ignore the significance of information protection on the behalf of business efficiency. Therefore, the importance of information protection is considered a smaller interest than that of business efficiency with the infringements of human rights on laborers' side arising. Informatization of the businesses along with the developments of information process technologies has enabled the management to monitor and control the behaviors of laborers. This new problem needs to establish both information protection mechanism and institutional devices to regulate those labor controls. The security of business activity without human rights infringement warrants both basic rights of the public and spirit of the Constitution. The study suggests the establishment and revision of laws suitable to the period of information human rights. On top of that, the establishment of the basic law for information protection of individuals' with the common principle that integrates the related laws and rules on-off line is needed. This will warrant the active participation of labor unions and create specific alternatives for information protection.

• The Journal of the Korea Contents Association
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• v.21 no.6
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• pp.228-236
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• 2021

This research investigates the causes of infringements related to authors' moral rights which has most conflict among moral rights of authorship, through analysis of judicial precedents and compare whether there subsists any differences in viewpoints between judicial precedent trend and those on behind the scene of broadcast production. Copyright is divided into intellectual property and moral rights of authorship. Right to the integrity of the work is part of moral rights of authorship and produce one content and used in various media. When the edit is needed to fit the organization and advertisement time, advanced consultation from the rightful owner or written consent is needed. However, under the time pressure or ignorance of copyright, the arbitrary edits are made and content is used. This infringes the right of the integrity of the work. When we produce and use cinematographic works and other audiovisual works, there are considerable variablilies stemming from authorship, production cost and program staff. Therefore, prior conscent is needed to acquire and use the copyright in a proper manner. However, due to production-oriented environment and low understanding of the copyright protection, we usually depend on the users' work practices rhather than insufficiency of copyright laws in dealing with the infringement of right to the industry. In conclusion, we need to provide meticulous work manual and to focus on systematic eduction of professional copyright manpower.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.73
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• pp.91-110
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• 2017

Recently, world wide trading which support free trade will increase the economic volume size. It will grow the quality of life. But, the reduce of gap between the rich state and the poor one has always been risen the problem of one of welfare. Trough unregulated trade activities, multinational corporations succeeded in expanding the market globally. However, there were unfair acts such as infringement of serious rights of producer of low development countries. Fair trade has begun to pay fair value to them and to ease inequality, but, as time went by, the its idea became thinner, distorted in the market, or became a marketing tools. So, In this paper, I analyze the limitations and causes of fair trade and suggest directions for fair trade. This Study provided a causes of the limitation of fair trade and for the future, I'll suggest an alternative of limitation of fair trade.

• Journal of Arbitration Studies
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• v.14 no.2
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• pp.199-241
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• 2004

This paper discusses to what extent the party autonomy can be allowed in intellectual property dispute resolution agreements in determination of governing law, international jurisdiction, and ADR agreement for arbitration, etc. in considering of the territoriality principle of IP. The party autonomy in choice of governing law and jurisdiction can be fully enjoyed in IP contract disputes. However, the freedom of choice is limited to the disputes regarding IF infringement disputes. The party autonomy is denied in the issues of determination of validity of patent or other IP rights. The author seeks the possibility to allow as much freedom in making choice of applicable law or jurisdiction, or entering into arbitration agreement.

• Journal of Korea Multimedia Society
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• v.20 no.6
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• pp.960-968
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• 2017

Machinima is a new medium of artistic expression that allows creators to produce faster and cheaper 3D animated works than ever before. However, the software owner controls all rights in the game. The principle of fair use allows for limited use of works without permission of the copyright owner for certain purposes. The application of the principle of fair use to any particular machinima will depend on the specific circumstances. In conclusion, in order to maintain the balance between the copyright owner and the user, the reasonable role of the court in Korea seems to be more important in interpreting the fair use clause.

• International journal of advanced smart convergence
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• v.8 no.2
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• pp.56-67
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• 2019

The aim of this study is to develop Artificial Intelligence (AI) based business models of media firms. We define AI and discuss 'AI activity model'. The practices of the efficiency model are home equipment-based personalization and media content recommendation. The practices of the expert model are media content commissioning, content rights negotiation, copyright infringement, and promotion. The practices of the effectiveness model are photo & video auto-tagging and auto subtitling & simultaneous translation. The practices of the innovation model are content script creation and metadata management. The related use cases from 2012 to 2017 are introduced along the four activity models of AI. In conclusion, we propose for media companies to fully utilize the AI for transforming from traditional to successful digital media firms.

• 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.

• Korean Journal of Remote Sensing
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• v.21 no.5
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• pp.433-443
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• 2005

This paper show that, without installation of expensive VR (Virtual Reality) program, the sharing information is possible through posting three-dimensional road structures on the web, and avoiding the conventional top-down decision making method, fast bottom-up communication is possible base on the Virtual GIS (Geographic Information System). In this paper, using Viewpoint Scene Builder, internet-based software, the transformation was conducted to give pertinent type for web posting. In order to use the completed route at the scene builder, the output with ASCII Export is required, and ASE (ASCII Scene Export) contains the property information including the coordinate and frame of mesh vertex. Through in advance recognition of the problems regarding route design and petition due to environmental rights infringement, the time and cost due to design alteration can be reduced. It's difficult to provide VR based on the internet because file that embodied with internet GIS was complicated and its capacity comes to scores of mega-bites. But, this study provides VR with internet according to a basis by simplification of files.