• Informatization Policy
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• v.28 no.4
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• pp.54-75
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• 2021

The right to data portability needs to be introduced to strengthen the self-control of data subjects and promote personal data use. However, the right to data portability constitutes a high risk of invasion of privacy of data subjects and may infringe on the property rights of data controllers, so careful and thorough design is warranted. The right to data portability can intensify the concentration and monopoly of personal data, result in problems of overseas transfer of personal data held by public institutions, and enrich only the profits of giant platforms by burdening the data subject with high transfer cost. By contrast, SMEs are more likely to endure a personal data deprivation. From the proposed amendment to the Personal Data Protection Act are raised various legal issues such as. i) Whether to include inferred/derived data, personal data held by public institutions, activity data, sensitive data, and personal data of third parties within the scope of data portability; ii) whether SMEs are included in the data porting organization; iii) whether to exclude SMEs or large platforms from the scope of the data receiving organization; iv) Whether to allow the right to transmit to other data controllers, v) Whether to allow the overseas transfer of personal data held by public institutions, vi) How to safely exercise the right to data portability, vii) the scope of responsibility and immunity of a data porting organization, etc. The purpose of this paper is to propose the direction for legislative action based on various legal issues related to data portability.

• Journal of Radiation Protection and Research
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• v.38 no.1
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• pp.44-51
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• 2013

ICRP recommended that cosmic ray exposure to the pilot and cabin crew would be considered as an occupational exposure due to their relatively high exposure. Since 2012 with the Act No. 10908 (Natural radiation management), the guideline of cosmic ray exposure to the pilot was established in Korea. The applicability of the solid-state nuclear track detector for personal dose assessment of pilot and cabin crew was evaluated. Dose linearity and angle dependence of dosimeters to the neutron were evaluated by $^{252}Cf$ neutron emitting source. The track density has a good agreement with the dose ($r^2$=0.99) and highly dependent on the degree of an angular of the dosimeter to the neutron source. In addition, the dosimeters (SSNTD) were exposed to cosmic ray in an aircraft during its cruising for more than two months in collaboration with Airline Pilots Association of Korea. Although the correlation between the track density from aircraft cruising altitude and expected neutron dose is low, however RSNS dosimeter could be used for personal neutron dosimeter. For application of RSNS as a personal dosimeter for pilot and cabin crew, additional studies are required.

• Journal of Intelligence and Information Systems
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• v.12 no.3
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• pp.1-13
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• 2006

Ubiquitous computing is a study area explained in a myriad of contexts and technological terms. Payment, however, refers in nature to an act of money transfer from one entity to another, and it is obvious that a payment method will be valued as long as the transaction can be completed with safety no matter what technology was used. The key to U-payment is convenience and security in the transfer of financial information. The purpose of this paper is to find a desirable U-payment scheme by looking at the characteristics of seamlessness under the ubiquitous environments, strong personal device, and peer-based information transactions. We also propose U-SDT Protocol integrating technologies such as Radio Frequency Identification (RFID), Bluetooth, Personal Payment Device, Account Managing Application and Transaction ID as a way to make transactions between users seamless and secure better privacy protection.

• Journal of Korea Society of Digital Industry and Information Management
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• v.14 no.3
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• pp.45-53
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• 2018

The Personal Information Protection Act has been revised continuously since its establishment, and as a way to secure stability properly, the guidelines as well as enforcement ordinances and regulations have been changed, too. It seems that people's recognition and awareness of private information have already evolved to a certain level that is regarded to be fairly high. However, no one can exactly imagine how much ripple effect scrapping discarded paper regarded simply as waste material which is often and easily practiced in our everyday lives exerts and how many socially significant events it may arouse in our lives. Private information is produced, operated, preserved, utilized, distributed within the frame of law unidentified, and then discarded with a particular purpose. While going through a series of processes, each piece of that private information comes to be reproduced melting a lot of information. It is used and also changed beneficially sometimes to richen our lives or as basic material for welfare. Meanwhile, its importance is decided by its weight or mass and then often gets discarded after all. It means that the process of disuse is being done in a way to arouse the possibility of invasion of personal rights and also the second and third and also more exposure of private information. Therefore, approaching the meaning of automation politically, this study aims to suggest how to secure stability in the process of discarding private information in terms of logical automation.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.32 no.5
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• pp.915-932
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• 2022

According to the Personal Information Protection Act and Pseudonymization Guidelines, the mapping is processed to the hash value of the combination key generation items including Salt value when different combination applicants wish to combine. Example of combination key generation items may include personal information like name, phone number, date of birth, address, and so on. Also, due to the properties of the hash functions, when different applicants store their items in exactly the same form, the combination can proceed without any problems. However, this method is vulnerable to combination in scenarios such as address changing and renaming, which occur due to different database update times of combination applicants. Therefore, we propose a privacy preserving combination key generation scheme robust to updates of items used to generate combination key even in scenarios such as address changing and renaming, based on the thresholds through probabilistic record linkage, and it can contribute to the development of domestic Big Data and Artificial Intelligence business.

• The Korean Society of Law and Medicine
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• v.17 no.1
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• pp.209-279
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• 2016

The Korean Mental Health Act was amended 2016 overall. This paper examines and evaluates the old Korean Mental Health Act since 1995 and the new Korean Mental Health Promotion Act 2016 from the Perspective of Human Rights and Inclusion of Persons with Psychosocial Disabilities. The persons with mental disabilities was separated and ruled out from society by the enactment of the Mental Health Act in 1995 and five times amendment. That has been justified and institutionally supported by medical viewpoint. The medical approach which reconsider the persons with mental disabilities as patients conceal that the aims of the involuntary admission in Mental Hospital are protection of society and the relief of the family member's duty of support for person with mental disabilities. This is institutionally supported in the 1995 Korean Mental Health Act by involuntary admission through the consent of family members as protectors. According to the old Act, the family members as protectors are authorized to consent to involuntary admission of persons with mental disabilities. Also, the psychiatrist that diagnoses the person with mental disabilities and evaluates the need for treatment by admission is not impartial in this decision. Family members as protectors may want to lighten their burden of support for the person with mental disabilities in their home by admitting them into a mental hospital, and the psychiatrist in the mental hospital can be improperly influenced by demand of hospital management. Additionally, Article 24 of the Korean Mental Health Act for the Involuntary Admission by the Consent of Family Members as Protector might violate personal liberty, as guaranteed in the Korean Constitution. The Mental Health Promotion Law was amended to reduce the scope of the persons with mental illness which are subject to forced hospitalization and to demand that a second diagnosis is made by another psychiatrist and screening by the committee concerning the legitimacy of admission in the process of the involuntary admission by the consent of family members as a method of protection. The amended Mental Health Promotion Law will contribute to reducing the number of the involuntary admissions and the inclusion of persons with mental disabilities. But if persons with mental disabilities are not providing some kind of service to the community, the amended Mental Health Promotion Law does not work for Inclusion of them.

• The Korean Society of Law and Medicine
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• v.23 no.3
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• pp.117-137
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• 2022

Today, the medical system is changing into a comprehensive health care system in which collaborative relationships between medical professionals and non-medical personnels in neighboring occupational areas. The current medical act brands such "collaboration" as unlicensed medical practice, and punishes non-medical personnel who acted in the risk management of doctors as well as doctors collaborated with non-medical personnel as unlicensed medical practice. In order to narrow the gap between the legal system that regulates unlicensed medical practices and the medical reality, it is necessary to overcome the structural limitations of dualistic, nationalistic, and identity-oriented regulation of unlicensed medical practices. The legal interests of unlicensed medical practice have a dual nature as a personal legal interest of "human life and body" as well as a national legal interest of "maintenance and protection of the nation's medical license system", and it should be noted that the criteria for judging the legal interests protected by the regulations of criminal punishment should be found in "personal legal interest theory." In addition, when determining which behavior is a medical practice and evaluating its risk, the dimension of behavior and measures should be considered in a fair manner without being biased against the subject (identity) of the action. In other words, judging unlicensed medical practice should depend on whether the risk of side effects that may result from the act is reasonably managed. Considering the prospect of therapeutic dialogue between medical professionals and patients, it would be desirable for medical law policies to move in a way that does not fundamentally block the possibility of collaboration among pluralistic medical personalities.

• Korean Security Journal
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• no.16
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• pp.161-187
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• 2008

The purpose of this study is to suggest a development method of current Korean security system by analyzing the problems shown in the performance of security work in relation to the terrorism, which is enlarging in the word, from various aspects. In order to perform the study, the researcher considered the basic theory concerned to current Korean law concerned to security, principle and methodology of security, terror and new terrorism. The researcher performed the study by selecting qualitative case study focused on Park Geun-Hye case. Through the study, the methods to develop Korean security system are as follows. First, from the legal aspect, it is necessary to establish the law concerned to terrorism prevention and important person security. Moreover, it is necessary to search for the development of private security by revising Security Industry Act, which is a legal ground of private security. Second, it is necessary to improve and reinforce education & training program, which is not still divided in detail from the aspect of private security cultivation. Moreover, it is necessary to activate personal protection work and enlarge market through Security Industry Act and make an effort to change social recognition over security, which is devaluated in the society. From the viewpoint, national license about private security shall be adopted. The department of president security, which is a representative of official security, shall transfer the advanced technology to private security organization. Third, from the aspect of operation, the operation of security based on SCE principle, human shield principle, the nearest person's protection principle, body extension principle, linear protection principle and evacuation priority principle is required. Therefore, the priority shall be given to preventive security and thorough security plan shall be made for the operation.

• The Korean Society of Law and Medicine
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• v.22 no.4
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• pp.117-157
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• 2021

This research reviewed the HIPAA/HITECH, 21st Century Cures Act, Common Law, and private Guidances from the perspectives in protecting and utilitizing the medical data, while implications were followed. First, the standards for protection and utilization are relatively clearly regulated through single law on personal medical information in the United States. The HIPAA has been introduced in 1996 as fundamental act on protection of medical data. Medical data was divided into personally identifiable information, non-identifying information, and limited dataset under HIPAA. Regulations on de-identification measures for medical information, objects for deletion of limited data sets, and agreement on prohibition of data re-identification were stipulated. Moreover, in the 21st Century Cures Act regulated mutual compatibility for data sharing, prohibition of data blocking, and strengthening of accessibility of data subjects. Common Law introduced comprehensive consent system and clearly stipulates procedures. Second, the regulatory system is relatively simplified and clearly stipulated in the United States. To be specific, the expert consensus and the safe harbor system were introduced as an anonymity measure for identifiable medical information, which clearly defines the process while increasing trust. Third, the protection of the rights of the data subject is specified, the duty of explanation is specified in detail, while the information right of the consumer (opt-out procedure) for identification information is specified. For instance, the HHS rule and FDA regulations recognize the comprehensive consent system for human research, but the consent procedure, method, and requirements are stipulated through the common rule. Fourth, in the case of the United States, a trust-based system is being used throughout the health and medical data legislation. To be specific, Limited Data Sets are allowed to use in condition to the researcher's agreement to prohibit re-identification, and de-identification or consent process is simplified under the system.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.22 no.3
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• pp.579-586
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• 2021

This study examines the application of big data and tasks of tourism based on the case of Jeju Special Self-Governing Province, which used big data for regional tourism policy. Through the use of big data, it is possible to understand rapidly changing tourism trends and trends in the tourism industry in a timely and detailed manner. and also could be used to elaborate existing tourism statistics. In addition, beyond the level of big data analysis to understand tourism phenomena, its scope has expanded to provide a platform for providing real-time customized services. This was made possible by the cooperative governance of industry, government, and academia for data building, analysis, infrastructure, and utilization. As a task, the limitation of budget dependence and institutional problems such as the infrastructure for building personal-level data for personalized services, which are the ultimate goal of smart tourism, and the Personal Information Protection Act remain. In addition, expertise and technical limitations for data analysis and data linkage remain.