• Title/Summary/Keyword: Protection Law

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Study on Proof of Product Liability Act (제조물책임법 입증책임에 관한 연구)

  • Kim, Eun-Bin;Ha, Choong-Lyong
    • Korea Trade Review
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    • v.44 no.6
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    • pp.135-150
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    • 2019
  • Under the Manufacturing Liability Act, consumers want to be protected from manufacturers by mitigating burden of proof as an important target to be protected. However, due to the complexity of the product, it is very difficult for consumers to prove defects from the manufacturing defect. This situation has led to a major revision of the Manufacturing Liability Act, which mitigates the burden of proof of consumers by applying fruitless liability. The Manufacturing Liability Act is comparable to the U.S., which has strong consumer rights and is protected by the Manufacturing Liability Act. The burden of proof can be regarded as the most necessary content for consumers within the manufacturing product liability law when responding to manufacturing defects. The U.S. intends to provide implications for achieving consumer protection in Korea's Manufacturing Liability Act by imitating the U.S. based on the burden of proof. Case comparison regarding burden of proof can be conducted based on various criteria, including criteria for each product and key features for determining the importance of the manufacturing product liability law. The Act on the Responsibility of Korean Manufacturing Products for the Protection of Consumers was developed based on the assessment criteria, and a remedy was proposed to protect consumers who suffered from manufacturing defects.

Suicide Prevention Policy Guideline Model Considering Privacy Law in Korea

  • Do-Hyun Kwon
    • Korean Journal of Biological Psychiatry
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    • v.30 no.1
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    • pp.7-16
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    • 2023
  • Objectives This study aimed to review the Korean Constitution articles 14 and 20 of the "Law on suicide prevention" and investigate public perceptions of specific improvements to suicide prevention policies using results from the Korean 2018 National Survey on Suicide. Methods The questionnaire was designed to analyzing the act restricts sharing of patient information between hospitals, making it difficult to track suicide attempts. The questionnaire was also designed to suggest further medical and normative criteria for objective judgment of continuous follow-up utilizing suicide risk evaluations and proportional principle review that consider patients' and medical staff's basic rights. Results This study identified the result of the 1500 respondents, 79.1% believed that Korea should allow suicide prevention management to be implemented without requiring individual consent to protect suicide attempters. Conclusions According the results, I propose the following criteria for policy improvement: use of anonymized information and non-profit research for technical and ethical considerations, access to medical information only for therapeutic purposes, and use of surgical severity assessment criteria appropriate for Korea.

A Study on the Transient Phenomenon Protection System Development for Fire Alarm System Control Unit (화재 수신기용 과도현상 보호시스템 개발에 관한 연구)

  • Lee, Dong-Myung
    • Fire Science and Engineering
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    • v.23 no.2
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    • pp.55-61
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    • 2009
  • This study has been carried on the transient phenomenon protection system to become fire alarm system control unit of high reliance which can be protected from transient phenomena for surge or transient overvoltage, and constructed engineering base that can develop transient phenomenon protection system by proving performance of protection system in a experimental. This study developed 1 step and 2 step protection system that can be protected from transient phenomenon with process thesis and theory for development of transient phenomenon protection system. It established engineering data construction and a source technology that can develop transient phenomenon protection system as gets satisfied result and test with all performance condition that present in fire protection law and connection regulation.

Improvement of Personal Information Protection Laws in the era of the 4th industrial revolution (4차 산업혁명 시대의 개인정보보호법제 개선방안)

  • Choi, Kyoung-jin
    • Journal of Legislation Research
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    • no.53
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    • pp.177-211
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    • 2017
  • In the course of the emergence and development of new ICT technologies and services such as Big Data, Internet of Things and Artificial Intelligence, the future will change by these new innovations in the Fourth Industrial Revolution. The future of this fourth industrial revolution will change and our future will be data-based society or economy. Since there is personal information at the center of it, the development of the economy through the utilization of personal information will depend on how to make the personal information protection laws. In Korea, which is trying to lead the 4th industrial revolution, it is a legal interest that can not give up the use of personal information, and also it is an important legal benefit that can not give up the personal interests of individuals who want to protect from personal information. Therefore, it is necessary to change the law on personal information protection in a rational way to harmonize the two. In this regard, this article discusses the problems of duplication and incompatibility of the personal information protection law, the scope of application of the personal information protection law and the uncertainty of the judgment standard, the lack of flexibility responding to the demand for the use of reasonable personal information, And there is a problem of reverse discrimination against domestic area compared to the regulated blind spot in foreign countries. In order to solve these problems and to improve the legislation of personal information protection in the era of the fourth industrial revolution, we proposed to consider both personal information protection and safe use by improving the purpose and regulation direction of the personal information protection law. The balance and harmony between the systematical maintenance of the personal information protection legislation and laws and regulations were also set as important directions. It is pointed out that the establishment of rational judgment criteria and the legislative review to clarify it are necessary for the constantly controversial personal information definition regulation and the method of allowing anonymization information as the intermediate domain. In addition to the legislative review for the legitimate and non-invasive use of personal information, there is a need to improve the collective consent system for collecting personal information to differentiate the subject and to improve the legislation to ensure the effectiveness of the regulation on the movement of personal information between countries. In addition to the issues discussed in this article, there may be a number of challenges, but overall, the protection and use of personal information should be harmonized while maintaining the direction indicated above.

A Study on the Impact of Copyright Protection on Social Welfare in the Software industry (소프트웨어 산업에서 저작권보호가 사회적 후생에 미치는 영향에 관한 연구 -네트워크 외부성 유.무에 따른 비교분석을 중심으로-)

  • 이규식;최선규;남찬기
    • Journal of Korea Technology Innovation Society
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    • v.4 no.3
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    • pp.355-368
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    • 2001
  • The importance of software industry is rapidly increasing with the growth of Internet and the advent of digital economy. The purpose of this study is to research the impact of the copyright protection for securing producers and enhancing of producing on social welfare. The Korean government reformed the copyright law to enhance the copyright protection in 2000 and intensely controlled software piracy in 2001. However, copyright protection has much controversy in aspects of hindering social use of software. This study compared and analyzed the general equilibrium and the copyright protection for social welfare maximization in two cases when network externality exists or not, by assuming the simple demand and supply functions.

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The perception and practice of privacy protection in some dental hygiene students

  • Lee, Seung-Hun
    • Journal of Korean society of Dental Hygiene
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    • v.18 no.4
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    • pp.561-570
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    • 2018
  • Objectives: This study explored the perception and practice of privacy protection of some dental hygiene students. Methods: On the basis of survey data from 126 respondents, the correlation between the perception and the practice was analyzed. Also the multiple regression analysis was performed on the variables that affect the practice. Cronbach's ${\alpha}$ of the questionnaire was more than 0.6. The items were scored on 5 points scale or true-false type. Results: The perception of privacy protection was 3.23 points, the law is 0.88 points, and the practice is 3.47 points. The educated students were more perceive than those who did not(p<0.05). The higher the perception, the higher the practice(r=0.230, p<0.01). The practice was influenced by the perception(p<0.05). Conclusions: Dental hygiene students should be educated to perceive and protect the personal and medical information of a patient. Also, an educational institutions need a efforts to protect personal information.

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.