• Title/Summary/Keyword: Protection Law

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Government Commission Studies Exclusion Rules to Improve Fairness (공정성 강화를 위한 정부 위원회의 제척 규정 비교 연구)

  • JaeHoon LEE
    • The Journal of the Convergence on Culture Technology
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    • v.10 no.4
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    • pp.331-337
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    • 2024
  • The laws and regulations governing the operation of government committees in Korea provide for a system called exclusion. Exclusion is a system that excludes a member of a committee from deliberating or voting on a matter or agenda without having to go through a special procedure before deliberating or voting on the matter or agenda. This is because exclusion of a member from deliberation and voting is not only essential for the protection of the interests of the parties to the issue or matter and the peaceful resolution of disputes, but is also a very important value for the trust in the fairness of the process. However, in practice, it is not easy to determine that a member who has a reason for disqualification is naturally incapable of executing the duties of the matter or agenda just because he or she has a reason for disqualification. Prior to the overhaul of the disqualification rules for committee members in the statutes, it is necessary to eliminate the disqualification rules that are virtually dead in advance or to revise the rules that are difficult to determine without interpretation, contrary to the intention of the disqualification rules that are codified in the law. Therefore, this study analyzed the disqualification rules of nine committees in the domestic statutes (laws and enforcement regulations) and categorized the disqualification rules. We hope to contribute to the preparation of future legislative proposals to improve the rules on the exclusion of commissioner.

A Study on Legislative Approaches for Introducing Coordinated Vulnerability Disclosure(CVD): Focusing on the Information and Communications Network Act (보안취약점 협력대응제도(CVD) 도입을 위한 법제화 방안 연구: 정보통신망법 중심으로)

  • Taeseung Lee
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.34 no.4
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    • pp.781-799
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    • 2024
  • Recently, the US and EU have been institutionally introducing and promoting Coordinated Vulnerability Disclosure(CVD) to strengthen the response to security vulnerabilities in ICT products and services, based on collaboration with white-hat hackers. In response to these changes in cybersecurity, we propose a three-step approach to introduce CVD through the Information and Communications Network Act(ICNA). In the first step, to comprehend the necessity and requirements for legislating CVD, we survey the current situation in Korea and the trends of CVD in the US, EU, and OECD. In the second step, we analyze the necessity for legislating CVD and derive the requirements for its legislation. In this paper, we analyze the necessity for legislating CVD from three perspectives: the need for introducing CVD, the need for institutionalization based on law, and the suitability of the ICNA as the legislation. The derived requirements for CVD legislation include the establishment and publication of Vulnerability Disclosure Policy(VDP), legal protection for white-hat hackers, and designation and role assignments of coordinator. In the third step, we introduce approaches to apply the requirements for CVD legislation to the ICNA, which is the law governing prevention and response to cybersecurity incidents in private sector.

Analysis on Conflict Minerals and Its U.S. Policy (분쟁광물과 미국의 관련 정책분석)

  • Park, Sung-Won;Kim, Seong-Yong;Kim, You-Dong
    • Economic and Environmental Geology
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    • v.47 no.3
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    • pp.255-263
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    • 2014
  • Conflict minerals refer to minerals mined in conditions of armed conflict, especially as in the eastern provinces of the Democratic Republic of the Congo. The common conflict minerals are cassiterite, wolframite, coltan(columbite-tantalite ore), and gold, which are mined and extracted from the Eastern Congo. These minerals are essentially used in the manufacture of a variety of devices, including consumer electronics. To end the violent conflict in the Democratic Republic of the Congo (DRC) and in surrounding countries, it is necessary to block the supply route of conflict minerals which has been partially financed by the exploitation and trade of conflict minerals. The Dodd-Frank Wall Street Reform and Consumer Protection Act, passed into law in July 2010 and it contains requirements that U.S. companies report to the Securities and Exchange Commission(SEC) on the origin of conflict minerals and show due diligence of OECD. The goal of the act is to cut direct and indirect funding of armed groups engaged in conflict.

A Study on the Use of Criminal Justice Information Big Data in terms of the Structuralization and Categorization (형사사법정보의 빅데이터 활용방안 연구: 구조화 범주화 관점으로)

  • Kim, Mi Ryung;Roh, Yoon Ju;Kim, Seonghun
    • Journal of the Korean Society for information Management
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    • v.36 no.4
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    • pp.253-277
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    • 2019
  • In the era of the 4th Industrial Revolution, the importance of data is intensifying, but there are many cases where it is not easy to use data due to personal information protection. Although criminal justice information is expected to have various useful values such as crime prediction and prevention, scientific investigation of criminal investigations, and rationalization of sentencing, the use of criminal justice information is currently limited as a matter of legal interpretation related to privacy protection and criminal justice information. This study proposed to convert criminal justice information into 'crime data' and use it as big data through the structuralization and categorization of criminal justice information. And when using "crime data," legal issues, value in use, considerations for data generation and use were verified by experts, and future strategic development plans were identified. Finally we found that 'crime data' seems to have solved the privacy problem, but it is necessary to specify in the criminal justice information related law and it is urgent to be organized in a standardized form for analysis to use big data. Future directions are to derive data elements, construct a dictionary thesaurus, define and classify personal sensitive information for data grading, and develop algorithms for shaping unstructured data.

Study on Preventing Retaliation against Crime Victims (범죄피해자에 대한 보복범죄 방지 대책에 관한 연구)

  • Choi, KeeNam
    • Convergence Security Journal
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    • v.16 no.7
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    • pp.129-137
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    • 2016
  • The guarantee of citizens' safety from crime is the reason for a nation's existence according to the social contract, and it is also a salient task in securing the citizens' right to the pursuit of happiness, which is a constitutional right expressing the nation's duty to its citizens. First, a procedure must be made mandatory that corresponds to the Miranda rule applied during the arrest of criminal suspect, which verifies whether there exists a risk of retaliatory crime to the victim of crime, crime reporter, or witness following their report of a crime or testimony. A measure to punish those who violate this should be devised. The second is the improvement of related laws and systems, such as expanding the scope of persons subject to protection from retaliatory crimes under the current law and strengthening information protection. Third, a retaliatory crime risk evaluation index must be developed, and the evaluation results must be quantified to clearly state measures and responsibilities, in detail, for personal safety at each level of intensity. The fourth is the expanded implementation of proactive personal safety measures for victims of crime and witnesses, as well as the development and application of advanced techniques. The last is a change in the perception s of those working for the judicial body. From the initial investigation stage of the crime to the diagnosis regarding the possibility of retaliation perpetrated on an ex-convict through psychological tests, systems of general cooperation, and mutual assistance must be established.

The Security Service History focused on 1930s in Korea (1930년대에 전개된 경호 활동 고찰)

  • Kim, Eun-Jung
    • Korean Security Journal
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    • no.19
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    • pp.23-41
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    • 2009
  • The purpose of this study is to investigate about security service history on 1930s in Korea. This study used materials by historical facts for the regulations, books and newspapers in 1930s. In 1930s, security service was unknown details of the historical contents so far. There are four parts conclusion of this study: police department of provisional government, security service agency in the provisional government, security service agents of an independence movement, the general society of Korea. Firstly, Korean regional government in Manchuria, which Kokminbu(國民府) organized the security service agency(警護局) for protect government and public security. Most importantly, the security service agency appearanced an important place which were the independence movement and self-governing administration for Koreans in Manchuria. And the security service agency was required by the security service regulations(警護條例) as law. Secondly, diversity activities of security service in police were exposed the duty as 'car escort service(車輛警護)' for offenders, the 'township office guard' from mobsters, 'woodland protect service(林野警護團)' for fire-raisers. security service as police officer were widely application for protection and safety from danger. Thirdly, Mass society was needed to service for public security in daily events such as 'noted singer meeting', 'funeral procession to the graveyard', 'athletic meeting' as private establishment of security service agency in nowadays. people were wanted the private security service(私警護) from 1930s to present. Fourthly, Overseas security service mentioned in attack of politician, protect from poison and security service about train vessel fleet. In 1930s, security service is comprehensive protection which were not only bodyguard, but also safeguard for hazardous materials.

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Research for Current Status of Protected Area in Korea and World Protected Area Designation - Focused on sacred natural sites designated as scenic site & natural monument - (국내 보호지역의 현황 및 세계보호지역 설정을 위한 기초연구 - 명승·천연기념물로 지정된 보호지역을 중심으로-)

  • Kim, Jae-Ung;Kim, Seung-Min
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.32 no.3
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    • pp.191-200
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    • 2014
  • This study aims to analyze the current status of government-designated cultural heritage that are protected as sacred natural sites, focused on natural monuments and scenic sites, and provide basic research for these cultural heritage to be included in the protected area category. First, among natural cultural heritage that are designated and protected by Cultural heritage Protection Law, there are 40 scenic sites and 126 natural monuments that have been selected as sacred nature sites. Second, the study showed that sacred nature sites are sacred places that have been long associated with happiness and misfortune of the villagers, including Dangsan Forest, Seunghwanglim(Forest), and, as physical environment and combination of cultural value, rules, and attitude and belief system toward the land that protect the people. The unique folk beliefs of the region provide strong protection of the place. Third, although the natural monuments of old and large trees are not included in the protected area as they are recognized sparsely, but can be designated as world protected area as protected areas are set around sacred nature sites. Fourth, in order to be included in IUCN category, sacred natural sites of scenic sites will need to be managed by specific categories of each area according to the interior status of the designated areas and maintain the sustainability of the natural heritage by protecting both physical and spiritual elements.

A Study on ASET Elongation & Notification Time to Fire Stations for the Escape Safety of Aged Bedridden Patients in Elderly Long-term Medical Care (노인의료복지시설 화재 시 와상노인의 피난안전성 제고를 위한 피난허용시간 연장과 소방기관으로의 통보시간 연구)

  • Park, Hyung-Joo;Lee, Young-Jae
    • Fire Science and Engineering
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    • v.32 no.4
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    • pp.50-59
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    • 2018
  • Recently, huge life losses occurred in the elderly long-term medical care fires due to lack of escape safety. As part of the measures to enhance the effectiveness of fire escape safety, while they prolong the available safe egress time (ASET) of non fire compartments, a measure to shorten fire-fighter's arrival time by fire alarm notifying device should be implemented in these facilities. The four categories from the aspects of fire prevention/protection engineering were provided with the necessary component technologies for carrying out these helper-guided evacuations. Fire prevention engineered technology was presented by two provisions; one for ensuring small compartment sections by installing the fire rated wall between bed rooms and another for ensuring the fire retardant or/and non-flammable performance of finishing materials. Also fire protection engineered technology was presented by two items; one for imposing cooling effects by sprinklers and another for providing automatic fire alarm notifying functions to fire stations. In order to improve the escape safety of these facilities in Korea, alternative revisions may presented by considering insufficient provisions in the architectural/fire law provisions by analyzing the provisions of Japanese and domestic laws in detail.

Propensity Analysis of Terrorism and Political Leaders Countermeasures (정치지도자 요인테러 성향 분석과 대응방안)

  • Kang, Kyoung Soo;Song, Sang Wook
    • Journal of the Society of Disaster Information
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    • v.8 no.3
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    • pp.287-296
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    • 2012
  • This study is analysis of the existing domestic terrorism factors and suggest countermeasures for political leadership that can occur to the precautionary terror occasion of the presidential election approached 100 days in the future. Political terror caused mainly achieved peak of Ideology or social conflict by Politically alienated class. Common cause is most likely to occur when the party or the government want to attack a target or can not stand disadvantaged and lose that I suppert the party or the government. 21st century political terror is occurred with Misfits of complaints expressed or social conflict more frequency than attack used random people, new weqpon and bomb. It is interpreted that issued as a drastic measure from individual complaint because of increased polarization of wealth by separate into group and fallen law and order but also we are not familiar with the political compromises. Personal safety escort mission is essential condition of political activity that Absolute personal protection and to come up with a large number of voters for best result. Thus security guard ought to professional security activity depend on gathered situation, location and regional feature for perfect protection service.

Legal and Technical Issues of Using Location Information for Police Rescue (경찰 위치추적권 활용의 법적·기술적 문제와 개선방안)

  • Park, Kwang-Ju;Jang, Yun-Sik;Park, Ro-Seop
    • Korean Security Journal
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    • no.53
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    • pp.211-228
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    • 2017
  • In May 2012, the police was empowered to electronically obtain location information of mobile devices from the telecommunication service provides for the purpose of rescue by the Act on the Protection, Use, ETC. of Location Information, after years of pressure with repeated serious violent crime outbreaks and controversy concerning the risk of breaching privacy. This study examines the environmental, legal, and technological challenges related to location tracking at the time of five years after the amendment of the law. The bottom line of police's locating power is to secure the lives of people in deadly emergent circumstance. Therefore, location tracking using given information should be swiftly proceeded after consideration and judgment of justification in timely manner to electronically request information to mobile carriers, and it is necessary to have somewhat flexibility of interpretation to be applied to diverse situation. In addition, location tracking technology should be continuously updated through cooperation with the stake-holders. Recognizing substantial problems in practice, we identified and explored the issues including obtaining prior consent for tracking the user's location in case of emergency, confirmation of emergency situation requiring police presence, qualification of legitimate requester, and limited applicability in various circumstances, which are required to reconsidered in conjunction with the personal information protection laws. Additional practical issues may include the expenses for information provision and other incentives to promote active cooperation by the telecom companies.

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