• Korean Journal of Heritage: History & Science
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• v.53 no.4
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• pp.274-291
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• 2020

This year is the 50th anniversary of the adoption by UNESCO in 1970 of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property (the '1970 Convention'). Since its ratification of the 1970 Convention in 1983, the Republic of Korea has domestically implemented the Convention through its Cultural Heritage Protection Act, which was first enacted in 1962. This is a different form of implementation than is normally used for other UNESCO Conventions on cultural heritage, in that the Republic of Korea has recently adopted special acts to enforce the 2003 Convention for the Safeguarding of Intangible Cultural Heritage and the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage. In addition, the 1970 Convention has been developed further through the introduction of new Operational Guidelines in 2015 for the concrete enforcement of the Convention, which has provided momentum for the Republic of Korea to analyze its current national legislation related to the 1970 Convention as well as consider its amendment in the future. Overall, the Cultural Heritage Protection Act of the Republic of Korea effectively reflects the duties of States Parties under the 1970 Convention. These include measures to introduce export certificates, prohibit the import of stolen cultural property, return other state parties' cultural property, and impose penalties or administrative sanctions in the event of any infringements. Indeed, the Republic of Korea's implementation of the 1970 Convention was introduced as an example of good practice at the Meeting of State Parties in 2019. However, changes in the illegal market for cultural property and development of relevant international law and measures imply that there still exists room for improvement concerning the legal implementation of the 1970 Convention at the national level. In particular, the Operational Guidelines recommend States Parties to adopt legal measures in two respects: detailed criteria for due diligence in assessing bona-fide purchasers, referring to the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, and measures to address the emerging issue of illegal trade in cultural property on internet platforms. Amendment of the Cultural Heritage Protection Act and other relevant laws should be considered in order to duly reflect these issues. Taking that opportunity, concrete provisions to facilitate international cooperation in respect of the implementation of the 1970 Convention could be introduced as well. Such measures could be expected to strengthen the Republic of Korea's international legal cooperation to respond to the changing environment regarding illicit trafficking of cultural property and its restitution.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.153-185
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• 2020

In principle, even if serious consequences such as death or serious injury of a patient occur as a result of a medical accident, if the medical malpractice of a health care worker is not recognized, the health care worker is not held liable for said consequences. However, with the opening of the Korea Medical Dispute Mediation and Arbitration Agency on April 7, 2012, a system was established to compensate health care personnel for their medical malpractices only in the case of "injuries caused by medical accidents in the course of childbirth" (hereinafter referred to as "program for compensation of medical accidents"). Article 46 paragraph 1 of the current Medical Dispute Mediation Act, which is the basis of the Force Majeure Medical Accident Compensation System, stipulates that "medical accidents under delivery" claims are to be determined by the Medical Accident Compensation Review Committee are subject to the compensation project. And the details of the compensation, ratio of sharing financial resources for compensation, scope of compensation, and the guidelines and procedure for the payment of compensations are prescribed by Presidential Decree. In other words, the Presidential Decree requires the state to pay 70 percent of the compensation funds, and 30 percent of the above funds among health care providers. The Constitutional Court has decided on the 2015Hun-Ga13 that the scope of the health care institution's founders and the share of the compensation funds cannot be directly determined by the law, and that the portion delegated by the Presidential decree does not violate the Principle of Legal Protection nor Comprehensive Nondelegation Doctrine. However, this can be seen as an exclusion of accountability for force-induced delivery accidents even if there is no negligence of the medical staff. If the nature of the system is a type of social security system with a social compensatory nature, it could consider eliminating the health care innovator's cost-sharing provisions, leaving the full cost to the state. However, it is also necessary to review institutional protocols that strengthen the efforts of medical institutions in areas such as analysis of the causes of medical accidents and measures to prevent their recurrence. In addition, I think that the conclusion of the Act is in line with the purpose of the Comprehensive Wage Support Regulations that at minimum the law sets an upper limit of the compensation funds that are to be paid by health and medical institutions. Moreover, it is reasonable for the Medical Accident Compensation Review Committee to specify gestational age and weight of births, which are the criteria for compensation, under the Enforcement Decree of the Medical Dispute Mediation Act, in relation to the criteria for payment of contributions by the Medical Accident Compensation Review Committee, and to set the detailed criteria.

• Korean journal of communication and information
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• v.40
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• pp.150-191
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• 2007

Defamation lawsuits of public figures against media have been an issue since Roh government set in. Dissension between the government and media has probably acted as the key factor on this problem. Accordingly, arguments on the defamation lawsuits of public figures occurred the political issues such as opposition between the Progressive and the Conservative Parties or between the ins and the outs and showed the limits to suggest an appropriate judgment or solution. This study will analyze how the court makes its judgement on their rights and the limits by understanding the characteristic and the problem of defamation lawsuits made by senior government officials including a politician, the government, the president, and etc. As results, the defamation lawsuits of politicians and senior government officials showed specially noteworthy matters in salvation (damage suits), the amount claimed, court costs, ratio of winning lawsuits, and etc. The result on the tendency of the court decision showed the following matters in confusion: it holds the media responsible for the burden of proof by applying the inappropriate criterion; The applied laws, especially in the inferior court decision, do not show the consistency of the burden of proof between the misconception/ intention (malice)/ accident/ purpose of slander on the legal principles of public figures. Therefore, this study suggests the court to apply an appropriate law, let alone regulating the Anti-SLAPP law, so that it curtails the rights of public figures; limits the salvation of damage suit; and protects the right only in the case of false accusation by applying the existing law of "the Protection of the Deceased's Defamation Law." In order to dissolve the confusion when applying the laws on the public figures, the study insists the court to positively apply the Constitutional Court made criterion on "people" and "content." The study also insists to distinguish "intention(malice)," "accident," and "purpose of slander" and variant sorts of the burden of proof should be applied to each.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.247-276
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• 2017

The protection of space asset has been new major cause of space militarization. For such purpose, it has been officially announced that a policy of deterring and denying any adversaries from accessing the outer space. Space militarization is to be conversed into a new concept of space weaponization. The USA has announced its policy of space weaponization, while China and Russia have not revealed their plan or policy. Latter States, however, have proposed a draft treaty limiting the deployment of warfare in the outer space. The terms of the Outer Space Treaty, reflecting three significant United Nations General Assembly resolutions from the 1960s, support the position that ground rules must be observed in the exploration and the use of outer space, particularly in the absence of specific space law rules. Yet the combination (and culmination) of these two approaches to the legal regulation of outer space-specific rules as and when agreed by the international community and the translation of principles developed for terrestrial regulation to outer space-still leaves much room for uncertainty and exploitation for military and strategic purposes. As space weaponization may contribute to deterring the use of weapon, it may be not against the UN Charter Article 2(4). If space weaponization might generate the space debris such that the outer space is no more available for exploration and use, it is against the proportionality principle and discrimination principle enshrined in the laws of the war. But, if the limitation upon the kind and use of space weaponization is agreed among the States, then the space weaponization may not be against the laws of the war, and be considered permissible within the rationale of limited war.

• Journal of Intelligence and Information Systems
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• v.19 no.4
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• pp.147-157
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• 2013

With the advent of the digital environment that can be accessed anytime, anywhere with the introduction of high-speed network, the free distribution and use of digital content were made possible. Ironically this environment is raising a variety of copyright infringement, and product images used in the online shopping mall are pirated frequently. There are many controversial issues whether shopping mall images are creative works or not. According to Supreme Court's decision in 2001, to ad pictures taken with ham products is simply a clone of the appearance of objects to deliver nothing but the decision was not only creative expression. But for the photographer's losses recognized in the advertising photo shoot takes the typical cost was estimated damages. According to Seoul District Court precedents in 2003, if there are the photographer's personality and creativity in the selection of the subject, the composition of the set, the direction and amount of light control, set the angle of the camera, shutter speed, shutter chance, other shooting methods for capturing, developing and printing process, the works should be protected by copyright law by the Court's sentence. In order to receive copyright protection of the shopping mall images by the law, it is simply not to convey the status of the product, the photographer's personality and creativity can be recognized that it requires effort. Accordingly, the cost of making the mall image increases, and the necessity for copyright protection becomes higher. The product images of the online shopping mall have a very unique configuration unlike the general pictures such as portraits and landscape photos and, therefore, the general image watermarking technique can not satisfy the requirements of the image watermarking. Because background of product images commonly used in shopping malls is white or black, or gray scale (gradient) color, it is difficult to utilize the space to embed a watermark and the area is very sensitive even a slight change. In this paper, the characteristics of images used in shopping malls are analyzed and a watermarking technology which is suitable to the shopping mall images is proposed. The proposed image watermarking technology divide a product image into smaller blocks, and the corresponding blocks are transformed by DCT (Discrete Cosine Transform), and then the watermark information was inserted into images using quantization of DCT coefficients. Because uniform treatment of the DCT coefficients for quantization cause visual blocking artifacts, the proposed algorithm used weighted mask which quantizes finely the coefficients located block boundaries and coarsely the coefficients located center area of the block. This mask improves subjective visual quality as well as the objective quality of the images. In addition, in order to improve the safety of the algorithm, the blocks which is embedded the watermark are randomly selected and the turbo code is used to reduce the BER when extracting the watermark. The PSNR(Peak Signal to Noise Ratio) of the shopping mall image watermarked by the proposed algorithm is 40.7~48.5[dB] and BER(Bit Error Rate) after JPEG with QF = 70 is 0. This means the watermarked image is high quality and the algorithm is robust to JPEG compression that is used generally at the online shopping malls. Also, for 40% change in size and 40 degrees of rotation, the BER is 0. In general, the shopping malls are used compressed images with QF which is higher than 90. Because the pirated image is used to replicate from original image, the proposed algorithm can identify the copyright infringement in the most cases. As shown the experimental results, the proposed algorithm is suitable to the shopping mall images with simple background. However, the future study should be carried out to enhance the robustness of the proposed algorithm because the robustness loss is occurred after mask process.

• Korean Security Journal
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• no.50
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• pp.35-57
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• 2017

Security Act has been partially revised many times since it was revised to "Security Service Act". Main contents of such revision consist of the addition of security work such as protection or special security, responsibility enforcement of security company or security guard and systematic management of security service based on security work of previous security service act. But, it needs to be checked out that the fundamental matter about the concept of 'security' is directly related as double-edged sword in such flow of legal revision. That is because security service satisfies the multiple needs for security in the modern risky society and is based on the concept of active management whose goal is to forster and develop the function of actual security service comparing that current "Security Service Act" regulates the formal security service whose goal is permission of security service and systematic management based on article 2 as previous facilities and manned security that is guard duty-centered security service in another respect. So, this study pointed out the limit of interpreting security and security service in "Security Services Industry Act" in respect of providing private security service and drew the conclusion that the legislation and efforts are required for 'security for citizen' by reinterpreting the legislation and revision of private security service-related law as the normal regulation of "Security Services Industry Act" and the special law of "Private Security Services Industry Act".

• The Transactions of The Korean Institute of Electrical Engineers
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• v.60 no.6
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• pp.1274-1279
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• 2011

The purpose of this paper is to present the manufacturing defect and damage pattern of a 3 phase 22.9/3.3kV oil immersed transformer, as well as to present an objective basis for the prevention of a similar accident and to secure data for the settlement of PL related disputes. It was found that in order to prevent the occurrence of accidents to transformers, insulating oil analysis, thermal image measurement, and corona discharge diagnosis, etc., were performed by establishing relevant regulation. The result of analysis performed on the external appearance of a transformer to which an accident occurred, the internal insulation resistance and protection system, etc., showed that most of the analysis items were judged to be acceptable. However, it was found that the insulation characteristics between the primary winding and the enclosure, those between the ground and the secondary winding, and those between the primary and secondary windings were inappropriate due to an insulating oil leak caused by damage to the pressure relief valve. From the analysis of the acidity values measured over the past 5 years, it is thought that an increase in carbon dioxide (CO2) caused an increase in the temperature inside the transformer and the increase in the ethylene gas increased the possibility of ignition. Even though 17 years have passed since the transformer was installed, it was found that the system's design, manufacture, maintenance and management have been performed well and the insulating paper was in good condition, and that there was no trace of public access or vandalism. However, in the case of transformers to which accidents have occurred, a melted area between the upper and the intermediate bobbins of the W-phase secondary winding as well as between its intermediate and lower bobbins. It can be seen that a V-pattern was formed at the carbonized area of the transformer and that the depth of the carbonization is deeper at the upper side than the lower side. In addition, it was found that physical bending and deformation occurred inside the secondary winding due to non-uniform pressure while performing transformer winding work. Therefore, since it is obvious that the accident occurred due to a manufacturing defect (winding work defect), it is thought that the manufacturer of the transformer is responsible for the accident and that it is lawful for the manufacture to investigate and prove the concrete cause of the accident according to the Product Liability Law (PLL).

• Journal of the Korean Society of Industry Convergence
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• v.23 no.2_2
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• pp.307-312
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• 2020

This study presents problems and improvement measures for the supply rate of single-alarm detector and fire extinguisher installed in households. Statistics from the NFDS show that 18 percent of all fires and 45 percent of deaths occurred in residential buildings over the past eight years. It was less than 60% that households be equipped rate of basic fire-fighting systems by 2019. In this study, I analyzed the law and statistics of fire to devise a method for fire safety. I proposed that the basic fire-fighting systems is be equipped in households. Like this : First, a free distribution policy for the over 60 years of age and Areas where is fire engine difficult to enter. Second, the policy of adopting safety pay in disaster. Third, the policy of expanding supply through the revision of the Licensed Real Estate Agents Act. Fourth, the policy of self-regulating installation by safety education and set up a data base system. Fifth make a law of household's National Fire Safety Standards.

• Journal of Korean Society of Disaster and Security
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• v.7 no.2
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• pp.17-24
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• 2014

Recently, many accidents occur frequently because sprinklers aren't installed or don't work right when there are outbreak of fire in houses and aggregate buildings. Therefore, they can result in damage for humans and loss of property. Sprinklers are the most appropriate which can extinguish buildings' fire in the initial stages. Through lack of legal system, in domestic cases, sprinklers cannot operate their inherent performance. Domestic standard simply classifies installation objects according to types of business and forms of buildings, also divides into uses and floors of buildings. Especially it only regulates that sprinklers must be installed every floors in particular fire buildings that have more than eleven floors. While it doesn't need to install sprinklers below ten floors, so we are threatened the safety. In this study, we derived causes and implications by analyzing concepts of sprinklers facilities, installation standards in domestic and foreign legal system, and recent cases that expanded damages in fire accidents because of weak point of installation and control standards. In domestic cases, as a result, government has to provide an institutional strategy and law that regulate duty to install sprinklers to all aggregate buildings regardless of floors in terms of new buildings. Also, if someone who has existing buildings wanted to install them, government would guarantee subsidy to encourage installation. In addition, government supervises fire-fighting activities when there are fire by compensating standards about regular inspection by a qualified technician, operation and maintenance of sprinklers as well as reinforcement of administrative criteria.

• Korean Security Journal
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• no.12
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• pp.271-289
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• 2006

Private security industry in South Korea has rapidly been growing in recent years. However, such a rapid growth is being criticized for its focus on external results, which has produced a number of problems. The continued growth of private security industry can be only based upon substantive and qualitative development. In this aspect, it is necessary to consider the global trends of the private security industry, particularly the recent trends of the U. S. security industry which has led the global security industry. This is because the recent trends of the U. S. private security industry would guide the future direction of the private security industry in South Korea. The U. S. private security industry has been replacing the role of law enforcement agencies including the police, from crime prevention to investigation and disaster management, not to mention asset protection and loss prevention. The recent trends of the U. S. security industry appears to be summarized by such characteristics as variety, specialty, and integration, which might account for the structural problem of the private security industry in South Korea. In short, the substantive and qualitative development of the private security industry in South Korea should be accomplished by strengthening its specialty and integration, and also widening its variety.