• Title/Summary/Keyword: Protection Law

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The Protecton of Privacy on Secondary Use of Personal Health Imformation (의료기관 개인건강정보의 이차적 이용)

  • Kim, Jang-Han
    • 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.

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Studies on Problems and Improvement of Introducing No Wetland Loss (습지총량제 도입에 따른 문제점과 개선방안에 대한 연구)

  • Kim, Yoon-Jung;Lee, Sang-Don
    • Journal of Environmental Impact Assessment
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    • v.18 no.4
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    • pp.235-243
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    • 2009
  • Wetlands considered to be an important natural resources because they provide biodiversity and habitat for species to breed and survive. In this regard, many countries in the world provide wetlands and have policies and laws to protect them. In Korea we hosted RAMSAR COP-10 at Changwon in 2008 representing Korea's endeavor to wetland protection. But, in the process of development Wetlands are easy target to be lost due its easy access and the laws and regulations to protect them are relatively weak. Thus, this research focused on the introduction of No Wetland Loss(NWL) and we can achieve wetland protection in the economy market ways. Thus, NWL should consider 1) a clear definition of NWL and harmony and consensus of introduction of NWL, 2) considering most wetlands be private we need a financial support for securing wetlands, 3) inventories for wetlands in Korea, draw a line of demarcation, technic to evaluate wetlands, 4) wetland restoration considering function of ecosystem not total amount of wetlands. Wetland protection should be a part of Basic Law of Water Management which in its progress and we need further studies on wetland protection because of watershed management, deserted agricultural paddies, etc.

The Perceptions of Apparel Design and Merchandising Students on Creativity and Apparel Design Copyright

  • Salusso, Carol J.;Lee, Jaeil;Lee, Yoon-Jung;Kim Lin, Janet
    • International Journal of Costume and Fashion
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    • v.16 no.1
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    • pp.1-16
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    • 2016
  • The purpose of this study was to explore fashion design and merchandising students' perception of creativity and the copyright protection of apparel design. A survey with open-ended questions was developed and distributed to a total of 100 fashion major students with specializations in apparel design and merchandising from three different universities located in a northwestern state of the United States. A majority of respondents showed their awareness that copying apparel design is ethically wrong and counterfeiting is legally wrong. They were able to distinguish between copying and interpreting and were aware that incorporating limited elements from inspirations was ethically acceptable. However, many of the students look for design inspiration from secondary sources, such as existing designers' works which they observe over the Internet, magazines, fashion shows, and store shopping, which may pose them to the temptation to copy such ideas. Although fashion copyright protection law has yet to become enacted, a majority of respondents support passage of fashion copyright protection law. The results give support to the needs for addressing the creative problem-solving processes and ethical decision-making jointly within apparel design and merchandising curriculum.

Status and Problems of Online Game Regulations for Juvenile Protection- Centered on the Online Game Shutdown System of Korea

  • Kim, Il Hwan;Kim, Jaehyoun;Kim, Myeong Sik;Hong, Seok Han
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.9 no.4
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    • pp.1548-1568
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    • 2015
  • Korea's Compulsive Shutdown System bans online game providers from offering their services to children under 16 years of age from midnight to 6 a.m. Although it was introduced only after lengthy rounds of discussion, controversy over the system still continues. The key question is whether the system, which unilaterally emphasizes juvenile protection, infringes upon the freedom of playing games for teenagers, the freedom of business for game products related business operators and the right to foster children for parents, which are basic rights under the Constitution. It is very encouraging that the State took up the issue and prepared various systems for juvenile protection through the Compulsive Shutdown System. Yet the government has to plan as comprehensive and effective of a measure as it possibly can by predicting the trends of technology development and game use, and also set detailed standards to ensure that the system should not become an excessive or inappropriate regulation. Although the State's compulsive intervention may be positive since it is hard to expect a self purification capability to exhibit itself concerning game use among teenagers, a plan to prevent game addiction among adolescents from the long-term and fundamental perspectives should be prepared as well.

A study on International Payment Trend and Measures to Protect Credit Risk by International Factoring (국제대금결제 추세와 국제팩토링에 의한 신용위험 대처방안에 관한 연구)

  • Park, Se-Hun;Han, Ki-Moon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.44
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    • pp.85-107
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    • 2009
  • L/C allows the exporter to have a bank's payment undertaking against shipping documents required by L/C. This means that the exporter can take export proceeds from a L/C issuing bank regardless of importer's payments and therefore the L/C better mitigate importer's credit risk compared to remittance and collections. Recently the use of L/C has been on down trend in line with increasing use of T/T, causing a big change of payment system. This tells that the payment method change in Korea is positive as the change also happens same in developed countries. This however gives more buyer's credit risk to exporters and therefore a systematic solution to this negative effect is required. In Korea, export credit insurance has been widely used to cover the buyer's credit risk. But the export credit insurance is limited because of lack of government's financial support and strict evaluation of buyer and exporter. Now Korea is ranked 10the largest trading country and therefore the exporters shall find another source for credit risk protection elsewhere. And as such this paper suggest International Factoring as a tool for the credit risk protection. The International Factoring gives advantages to the exporter in terms of credit protection and advances by purchasing account receivables on a without recourse basis.

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A Study on Confidential Records Management System in Japan (일본의 비밀기록관리 체제에 대한 연구 특정비밀보호법 제정·시행을 둘러싼 논의를 중심으로)

  • Nam, Kyeong-ho
    • The Korean Journal of Archival Studies
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    • no.56
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    • pp.113-145
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    • 2018
  • Japan has enacted the Public Records and Archives Management Law from 2011 in order to prevent mismanagement of records management and to fulfill accountability to the public. However, in 2013, The Designated Secrets Protection Act was enacted before the Public Records and Archives Management Law brought changes to administrative institutions. The Designated Secrets Protection Act have raised concerns that the public's right to know and the transparency of administration are being retreated, especially the development of freedom of information and records management systems. This article analyzed the background of the establishment of Designated Secrets Protection Act and the contents of legal composition. It also identified the possibility of human rights abuse in the aptitude assessment system, the lack of independent monitoring agencies, the impossibility of internal accusations, and the possibility of wide confidentiality designation. Furthermore, analyzed how the problem affects Japanese records management and freedom of information system. Through this, I suggested the improvement of the system of the secret level records management system in Korea, the establishment of the clear purpose of the secret record management, the application of the Tshwane principle, and the establishment of the independent and professional monitoring agency.