• Title/Summary/Keyword: Protection Law

Search Result 972, Processing Time 0.032 seconds

The information process on labor and the protection of information human rights (노동정보처리와 정보인권보호)

  • 하우영
    • Journal of the Korea Institute of Information Security & Cryptology
    • /
    • v.13 no.6
    • /
    • pp.17-32
    • /
    • 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 Present Status and the Preservation Method of the Rice Terrace as Scenic Sites Resources in Northeast Asia (동북아시아 계단식 논의 명승지정 현황 및 보전방안)

  • Youn, Kyung-Sook;Lee, Chang-Hun;Kim, Hyung-Dae;Seo, Woo-Hyun;Lee, Jae-Keun
    • Journal of the Korean Institute of Traditional Landscape Architecture
    • /
    • v.29 no.4
    • /
    • pp.111-123
    • /
    • 2011
  • This study aims to present the basic materials, which lead us to preserve the Korea Rice Terrace as scenic sites resources and study it continuously, through researching about the present status and the preservation method of the Rice Terrace in Korea, China and Japan. The results of this study are as follows. First, The Rice Terrace has a traditional agricultural technique which minimizing the damage of the scenic view while cultivating the slope. And also, it has the value of one of the Korea unique traditional scenic views. However, The no cultivation land or disappearing desert land of rice terrace were increasing by the disadvantage of operation in land cultivation. Therefore, The Government must need preparing the base of scene resources excavation by executed the established of Korea Rice Terrace Database for preserving of Korea traditional scene. however it is getting to disappearance. And also, The High valued of Rice Terrace by cultural and scenic view which is must managed by designation of scenic sites or monument. Second, The internal and external reference book researched and analyzed results are as followings for understanding about Korea Rice Terrace feature. First of all, The Rice Terrace's dictionary meaning is just difference by each nations. However, Generally speaking that It means the terraced land by cultivated of sloped land. The Rice Terrace has cross relation with mountain valley and piedmont slope cultivation in location of condition. It occurred era is before approximately estimated from 3000 of years until 6000 of years. It can divide two type by topography shape those are slope and valley type. However, The natural element of forest has very big position in this part. But, The Rice Terrace is just managed and designated by the scenic sites with the Cultural Properties Protection Law. It must needs more binding force and effectiveness for the Rice Terrace scenic view plan establishment by scenic laws and farming and fishing village laws etc. I think that it must need the Rice Terrace related law establishment as soon as possible for efficient preservation and management of the Rice Terrace. Third, The Rice Terrace were researched and analyzed results are as followings those were executed at the Korea, China and Japan. The Korea and Japan have good Rice Terrace Characteristic. And also, The high valued scenic sites area were good managed by the Cultural Properties Protection Law as well as the superior scenic valued Rice Terrace in China. Those are also managed by designated scenic sites for protection and preservation positively. Those were managed by each autonomous district management Department. The each nation's related laws of Rice Terrace protection were just little bit different. However, The basic purpose is same. for example, it based on superior scenic view preservation and protection. Especially, The Japan's Cultural Properties Law and Scenic law linkage, and China Autonomous district legislation and effectiveness. The Korea Government must need above elements for Korea Rice Terrace culture and scenic view preservation. Fourth, We need inducing the owner system and the policy of Rice Terrace preservation promotion association for efficient preservation of Rice Terrace in japan. The owner system in japan gives the owner of the land a permission to rent the land to Rice Terrace preservation promotion association and the local government. In this system the village would be revitalized by commons in the way of the management of the terraces, beautifying the area around the terraces and etc. And also, Making the each village management operating system for Rice Terrace management through educating civilization. The civilization could receive quick help from a consultative body comprised of experts such as representatives of Cultural Heritage Administration and professors. And it is in a hurry to solve the problem of revitalization of the region by exchange between cities and the village.

Review of 2019 Major Medical Decisions (2019년 주요 의료판결 분석)

  • Yoo, Hyun Jung;Park, Noh Min;Jeong, Hye Seung;Lee, Dong Pil;Lee, Jung Sun;Park, Tae Shin
    • The Korean Society of Law and Medicine
    • /
    • v.21 no.1
    • /
    • pp.107-152
    • /
    • 2020
  • During the main ruling in 2019, a number of rulings that were of interest or meaningful were handed down, such as just because the complication of medical practice has occurred, there is no presumption of negligence, a case involving a fall accident in which a lot of culpability has recently been made. the death of a well-known singer that caused a sensation, a case about damages caused by MERS in 2015, which is more meaningful in connection with damages caused by COVID-19, an infectious disease that has recently hit the world, including Korea. In preaching the principles of the law, just because there has been a complication caused by medical practice, there is no presumption of negligence, 'The scope of the complication without presumption of negligence' was determined differently by the court, the court was not able to specify the criteria. Specific circumstances were presented to limit the responsibility of the medical institution while acknowledging the malpractice of the medical institution in relation to the fall accident. In relation to the scope of damages, judgment was made on issues related to the calculation of lost profits of medical malpractice; criteria for determining celebrities' daily income, criteria for determining daily income in case of receiving survivor's pension due to medical accident, an incident in which the daily income is denied if the labor capacity is already lost at the time of a medical accident. But, it seems that judgments should be made based on clearer and more reasonable standards. Related to Medical Advertise, specific logic of judgment was presented as to whether it was interpreted as being in accordance with the specific prohibition listed in Article 27 paragraph 3 of the Medical Law, which is the criterion for violation of the Medical Law, or if it constitutes a significant harm to the order of the medical market. In response to the prohibition of operating the multiple medical institutions, the Constitutional Court decided that it was constitutional because it did not violate the regulations on excessive funding, and rationally limited the scope of the prohibited 'redundant operation'. The Supreme Court ruled for the first time that even a medical institution established and operated in violation of the Medical Service Act did not make it impossible to receive all medical care benefits implemented by a medical institution under the National Health Insurance Act. Significant rulings were finalized that recognized the existence of specific protection obligations for the people of the country in the management of infectious diseases.

Study on the Legal Issues of New Draft of Civil Aviation Law in China (중국 민용항공법 개정 최근 동향과 주요 법적쟁점)

  • Lee, Hwa
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.31 no.2
    • /
    • pp.177-214
    • /
    • 2016
  • During more than 20 years of practice, Civil Aviation Law has experienced three times of amendments since it was enacted in 1995. But these revisions are limited to the technical level. The problems and limitations have become increasingly prominent in its implementation. Firstly, the civil aviation law is the result of interests game among several departments and some legal issues was left behind and the regulation was very vague as a result. Secondly, the process of aviation legislation is the process that the country has undergone profound changes and social transformation. The 20 years is long enough for the society to undergo tremendous changes and 1995 version of civil aviation law does not keep pace of development of economy. There was a serious lag between reality and the law. In order to actively promote the development of the aviation industry and overcome implementation issues of the Civil Aviation Law, Civil Aviation Administration of China (CAAC) initiated modification procedure the law and published new draft of Civil Aviation Law in August 2016. The spirit of this modification is to learn and absorb new achievements of domestic and foreign legislation and the International Convention on civil aviation. Furthermore, the purpose of the revision is to provide favorable policy for the development of civil aviation industry and improve aviation safety and supervision, strengthen and protection of consumer rights and interests, to enhance the safety of civil aviation activities, and promote the development of general aviation. This revision concerned to the 78 articles which are revised or deleted and 24 articles added. The highlights of the draft include but not limited to the enhancement of security management, clarification of the main responsibility for production safety. And also it added the provisions related to the construction of effective tracking capability of public air transport enterprises and license system on the transport of dangerous goods. Compared with the existing civil aviation law, the draft has made a great improvements. But there are several deficiencies and limitations in the drafts. These problems need to be supplemented and perfected through further amendments in near future.

A Study on Consumer Arbitration System by Empirical Analysis on Redemption for Consumer′s Claim (소비자피해구제 실태분석을 통한 소비자중재제도 도입방안 연구)

  • 김석철
    • Journal of Arbitration Studies
    • /
    • v.12 no.1
    • /
    • pp.207-239
    • /
    • 2002
  • The redemption system for consumer's claim is intended to deal with the conflicts between consumers and firms in their transaction of goods and service ensuring consumer's basic right. In general, the redemption system for consumer's claim requires promptness of redemption, free charge of claim procedure for consumers and constructive response of firms. However, the current redemption system in Korea has some limitations in its authority in the sense that it has only the right for mediation of consultation and agreement and thus the involved consumer should forfeit his/her claim or should go to legal suit which requires high cost and time when the mediation work is failed between two parties. As it is shown in result of survey on empirical cases produced by the Consumer Dispute Mediation Committee in Consumer Protection Board of Korea in 2001, the 20.3% of total claims have failed to reach final mediation, while the BBB case in the U. S. has recorded 19% of arbitration success after its failure in mediation. Therefore, it is strongly recommended for Korea to augment current. arbitration system toward assuring firm's cost liability, the principle of quick procedure through agreement on arbitration upon consumer's request. It is thus prerequisite for firms to be armed with the concrete entrepreneurship of responsibility on cost liability. In conclusion, we suggest restructuring of currently existing institution, rather than establishing new one through substantial augmenting the role of Consumer Dispute Mediation Committee In Consumer Protection Board of Korea and enlarging its business criteria of The Korean Commercial Arbitration Board by progressive development of the consumer protection program through amendment of current law for consumer protection.

  • PDF

The Improvements of Preferred Right on the Housing Lease Protection Act (주택임대차보호법상 최우선변제권에 대한 개선방안)

  • Park, Jong-Ryeol;Joung, Soon-Hyoung
    • Journal of the Korea Society of Computer and Information
    • /
    • v.17 no.8
    • /
    • pp.135-144
    • /
    • 2012
  • The Preferred Right that recognized in Housing Lease Protection Act Article 8 Paragraph 1 is a legal security right. The case of a small tenant whose security deposit is less than a specific sum of money to lease housing, he can get preferential payment about his a specific sum of money of security deposit in an auction procedure. Like this the Preferred Right can protect the homeless commoner also it ignores the existing legal system. But the Preferred Right has the right function that contribute to stability of homeless people's housing, on the other hand, it has the adverse function that damages to several interested parties in an auction procedure by using legal preferential protection. So, about these problems, the improvement way will propose in this study.

Problems and Solutions for Securing Fire Resistance Performance in Fire Protection doors (방화문 내화성능 확보에 대한 제도적 문제점 및 해결방안)

  • Kim, Juseong;Kim, Siwon;Cho, Youngduk;Kim, Jaejun
    • Korean Journal of Construction Engineering and Management
    • /
    • v.21 no.2
    • /
    • pp.22-29
    • /
    • 2020
  • Among many fire-related laws and standards such as fire protection, fire doors are important facilities that play a role in preventing the spread of fire and smoke in the event of fire, thereby minimizing human casualties. Accordingly, the standards for performance required by applicable laws and regulations and related enforcement rules and notices have been continuously raised and the corresponding performance must be secured. However, due to the shortcomings of the relevant laws and systems, the test results of the fire doors confirmed that there was a risk of passing products. In this study, the criteria for fire-related performance were analyzed, and the performance required by other laws, in addition to simple fire protection, was identified, the criteria were organized, and the complex performance required was clearly.

Meanings and Tasks of the Three Revised Bills which Ease Regulations on the Use of Personal Information (데이터 3법 개정의 의미와 추후 과제)

  • Kim, Seo-An
    • Convergence Security Journal
    • /
    • v.20 no.2
    • /
    • pp.59-68
    • /
    • 2020
  • In January 2020, the National Assembly passed the revisions of three bills which ease regulations on the use of personal information. The revised laws include the launch of an independent supervisory body, the arrangement of redundant regulations, and regulations for the development of the data economy. This paper analyzes the content and meaning of each law of the Three Revised Bills that Ease Regulations on the Use of Personal Information. And the future challenges outline three aspects: the establishment of a system to ensure the right to informational self-determination of privacy concerns, the establishment of a certification system and the presentation of reasonable guidelines, and the expectation of professional performance by the Personal Information Protection Commission.

A Study of Effective Privacy Protection System on High Concurrent Transaction Database System (동시 트랜잭션이 많은 데이터베이스에서 효과적인 개인정보보호 시스템 연구)

  • Kang, Ji-Won
    • Convergence Security Journal
    • /
    • v.12 no.2
    • /
    • pp.107-113
    • /
    • 2012
  • Recently, according to the establishment of personal information protection Act, the public and private organizations are taking a step to protect personal information rights and interests by employing the technical methods such as the access control mechanism, cryptography, etc. The result of the personal information leakage causes a serious damage for the organization image and also has to face with the responsibility by law. However, applying access control and cryptographic approach on the personal information item for every connection to large database system causes significant performance degradation in a large database system. In this paper, we designed and implemented the light weight system using JVM (Java Virtual Machine) for the Oracle DBMS environment which the concurrent transaction occurs many, thereby the proposed system provides the minimum impact on the system performance and meets the need of personal information protection. The proposed system was validated on the personal information protection system which sits on a 'A' public organization's portal site and personnel information management system.

A Comparative Analysis of the Legal Systems of Four Major Countries on Privacy Policy Disclosure (개인정보 처리방침(Privacy Policy) 공개에 관한 주요 4개국 법제 비교분석)

  • Tae Chul Jung;Hun Yeong Kwon
    • Journal of Information Technology Services
    • /
    • v.22 no.6
    • /
    • pp.1-15
    • /
    • 2023
  • This study compares and analyzes the legal systems of Korea, the European Union, China, and the United States based on the disclosure principles and processing policies for personal data processing and provides references for seeking improvements in our legal system. Furthermore, this research aims to suggest institutional implications to overcome data transfer limitations in the upcoming digital economy. Findings on a comparative analysis of the relevant legal systems for disclosing privacy policies in four countries showed that Korea's privacy policy is under the eight principles of privacy proposed by the OECD. However, there are limitations in the current situation where personal information is increasingly transferred overseas due to direct international trade e-commerce. On the other hand, the European Union enacted the General Data Protection Regulation (GDPR) in 2016 and emphasized the transfer of personal information under the Privacy Policy. China also showed differences in the inclusion of required items in its privacy policy based on its values and principles regarding transferring personal information and handling sensitive information. The U.S. CPRA amended §1798.135 of the CCPA to add a section on the processing of sensitive information, requiring companies to disclose how they limit the use of sensitive information and limit the use of such data, thereby strengthening the protection of data providers' rights to sensitive information. Thus, we should review our privacy policies to specify detailed standards for the privacy policy items required by data providers in the era of digital economy and digital commerce. In addition, privacy-related organizations and stakeholders should analyze the legal systems and items related to the principles of personal data disclosure and privacy policies in major countries so that personal data providers can be more conveniently and accurately informed about processing their personal information.