• Title/Summary/Keyword: Protection Law

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Problem Analysis and Improvement Strategy for the Suicide Prevention Act (자살예방법의 문제점과 개선방안)

  • Shin, Kwon-Chul
    • Journal of Legislation Research
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    • no.44
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    • pp.689-723
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    • 2013
  • Suicide is Korea's first leading cause of death in their twenties and thirties. at a rate of 31.2 per 100,000 in 2010. The Korea suicide rate is over twice higher than OECD's average rate. Because of this reality the suicide prevention act(full title, the Act on Prevention of Suicide and Creation of Culture that Respects Life) was enacted in 2011. In 2008, the Korean government planned the suicide prevention programs to decrease the incidence of suicide to approximately 20 per 100,000 by the end of 2013. Despite the plan the suicide rate in Korea has increased to over 30 per 100,000 since 2009 and the plan was proved to be failed. Consequently, the government was unable to lower the suicide rate in last decade. It has shown that the reduction of suicide rate is a difficult and complex problem. This study shows that the root cause of suicide is based on social and legal exclusion and proposes that suicide prevention measures should be aimed at social cohesion and legal protection.

A Comparative Study on Precarious Labor Market in Korea and Japan: Gender and Occupational Division of Precarious work (한국과 일본의 불안정노동시장 비교연구: 불안정노동의 젠더적·직업계층적 분절)

  • Back, Seung Ho;AN, Juyoung;Lee, Sophia Seung-yoon
    • 한국사회정책
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    • v.24 no.2
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    • pp.1-29
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    • 2017
  • This study compares and analyzes precarious labor market in Korea and Japan in terms of gender and occupational class. Previous studies have analyzed precarious labor limited to the level of employment type such as non-standard workers. This study reconceptualizes precarious labor in terms of the combination of employment relations and income level. In addition. we analyzed whether there are differences in the characteristics of precarious labor between Korea and Japan. In order to analyze the labor market precariousness in Korea. we used data from the 17th Korea Labor Panel Survey (2014) and for Japan. we used the 9th (2012) data from the Keio Household Panel Survey. As a result. we could confirm the feminization of labor market precariousness and horizontal division by occupation in both Korea and Japan. Also. ordered logistic regression analysis showed that the more women. and those in their 60s or older. the less skilled service workers. or the manufacturing workers are likely to face labor market instability in both Korea and Japan. The results of this analysis reflect the fact that Korea and Japan have experienced similar changes in the labor market structure with institutionalized employment protection system based on male workers.

A Study on the policy counterplan of Cross Border Financial Information Transfer according to FTA (FTA 체결에 따른 금융정보 국외이전에 대한 정책적 대응방향 연구)

  • Lee, Jung-Hun;Park, Seok-Hoon;Lim, Jong-In
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.21 no.3
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    • pp.117-130
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    • 2011
  • In a situation where worldwide free trade between countries has expanded recently, our country is being rapidly pushed FTA agreements with the financial developed countries such as United States, EU. According to the agreement, the user information of foreign financial companies in Korea is expected to be transfered overseas. In this paper, we need to define the scope and the definition about the transfer of information and analyze the relating domestic and foreign laws preparing for Cross Border Financial Information Transfer. Also, we review the expected issues about the transfer of information divided into institutional and technical sectors and arc presented the policy implication such as differentiation of regulatory information, enactment and amendment of Personal Information Protection Law(Draft) and related regulations, ensuring the safety of financial companies, raise the standard guidelines of the transfer of information. We refers to the needs for policy formulation to differentiate our privacy information from financial information to protect the privacy of users. The proposed countermeasures in this paper is expected to be helpful the measures to prepare for other institutions such as banks and supervisory authorities prepare for the future Cross Border Financial Information Transfer according to PTA.

The Present Status of and Development Plans for Legal Technology in the Fourth Industrial Revolution (4차 산업혁명시대 법정보기술의 현황과 발전방안)

  • Lee, Sung-Jin;Lee, Yeon-Ju;Son, Hyoung-Kun;Kim, Gi-Bum
    • Informatization Policy
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    • v.28 no.1
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    • pp.3-21
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    • 2021
  • Klaus Schwab's discussion on the Fourth Industrial Revolution provides a framework for predicting the direction of legal technology development. Technological convergence, which has emerged as the core concept of the Fourth Industrial Revolution has a significant effect on legal technology. In particular, various new technologies, such as legal chatbots and platforms, are being introduced to enhance efficiency and accessibility in the legal field. However, legal technology is still in its early stage, with institutional improvement needed to vitalize the industry. In this paper, we first specify the concept and classification of legal technology in Chapter 2, followed by trends and limitations in Chapter 3 and ways of vitalizing legal technology in the future in Chapter 4. To invigorate legal technology development, it is necessary to put in place legal regulatory measures that stipulate the active disclosure of legal data, such as precedents, and make free use of such measures. In the law, many issues, such as the safety of artificial intelligence, personal information protection, and ethical standards, will be discussed in the future. Therefore, via this paper, we hope to promote the formation of social consensus and prepare countermeasures, such as legislative measures.

A study on the guidelines for the Military Continuity of Operations Plan (군 COOP전략 지침 수립을 위한 연구)

  • Park, Chanyoung;Park, Seongsu
    • The Journal of the Convergence on Culture Technology
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    • v.8 no.1
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    • pp.291-298
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    • 2022
  • Unexpected massive disasters have occurred around the world, causing enormous socio-economic damage. The military has long been enacting laws, organizing organizations and establishing systems for crisis and disaster management, but it did not consider the situation when military essential functions were suspended due to unpredictable and massive disasters. With the September 11 terrorist attacks, the U.S. military has developed COOP strategy aimed at continuing military essential functions in all crisis, and is contributed to national continuity by ensuring uninterrupted national security functions. Korean military has established a crisis and disaster management system, but focuses on managing and controlling disasters and crisis situations. Korean military needs a system to guarantee military essential functions even in national crisis beyond its management capabilities. In this study, We compared and reviewed the U.S. administration and military COOP guidelines and directives, ISO22301 international standards., and developed planning guidelines suitable for the Korean military situation by responding to detailed items based on ISO22301. In particular, the U.S. military(DoD, Army, Navy, Air Force) COOP guidelines were drawn and incorporated into the guidelines(such as protection and succession of command authority, the fulfillment of essential functions and operational security, etc.). The planning guidelines are expected to be used as reference materials for the introduction of COOP systems in the military and the establishment of plans in the future.

A Study on the Performance Model and Measurement Method of the SMEs Information Security Support Policy (중소기업 정보보호 지원 사업 성과모델 및 측정 방법에 관한 연구)

  • Bae, Young-Sik;Jang, Sang-Soo
    • The Journal of Society for e-Business Studies
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    • v.26 no.4
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    • pp.37-52
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    • 2021
  • Due to the spread of COVID-19, it is rapidly changing from face-to-face to non-face-to-face work environments and is changing to a digital work environment that can be accessed anytime, anywhere, providing convenience to all lives. However, the number of breaches, personal information leakage, and technology leakage targeting SMEs that are vulnerable to security continues to increase. Accordingly, the government has been continuously promoting the information security consulting support project for SMEs every year since 2014. Therefore, this study intends to develop a performance model and measurement methodology for continuous and more systematic support and efficient management of information protection support projects in consideration of the importance of information security for SMEs. It is intended to be used as basic data when setting future operational directions and goals. The main method of this study is to derive performance models and indicators for SME information security support projects based on domestic literature, case studies, and survey results, utilize expert advice to verify the developed performance measurement indicators, and use pilot-test questionnaires. Conduct evaluation through surveys. Based on the verified indicators, we would like to present a performance model and measurement index for the information security support project for SMEs.

A Study on Legal Issues of Data Portability and the Direction of Legislative Policy (개인정보 이동권의 법적 이슈와 입법 정책 방향)

  • Yi, Chang-Beom
    • Informatization Policy
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    • v.28 no.4
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    • pp.54-75
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    • 2021
  • The right to data portability needs to be introduced to strengthen the self-control of data subjects and promote personal data use. However, the right to data portability constitutes a high risk of invasion of privacy of data subjects and may infringe on the property rights of data controllers, so careful and thorough design is warranted. The right to data portability can intensify the concentration and monopoly of personal data, result in problems of overseas transfer of personal data held by public institutions, and enrich only the profits of giant platforms by burdening the data subject with high transfer cost. By contrast, SMEs are more likely to endure a personal data deprivation. From the proposed amendment to the Personal Data Protection Act are raised various legal issues such as. i) Whether to include inferred/derived data, personal data held by public institutions, activity data, sensitive data, and personal data of third parties within the scope of data portability; ii) whether SMEs are included in the data porting organization; iii) whether to exclude SMEs or large platforms from the scope of the data receiving organization; iv) Whether to allow the right to transmit to other data controllers, v) Whether to allow the overseas transfer of personal data held by public institutions, vi) How to safely exercise the right to data portability, vii) the scope of responsibility and immunity of a data porting organization, etc. The purpose of this paper is to propose the direction for legislative action based on various legal issues related to data portability.

The Main Methodological Positions of Educational Institutions in the System of Educational Work of the Modern Information Space

  • Shumiatska, Oleksandra;Palamar, Nataliia;Bilyk, Ruslana;Yakymenko, Svitlana;Yakovenko, Serhii;Tsybulko, Liudmyla;Bida, Olena
    • International Journal of Computer Science & Network Security
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    • v.22 no.11
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    • pp.272-278
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    • 2022
  • The article proves the idea that the protection and development of Ukraine as an independent, sovereign state requires the education of a patriot citizen who is able to live and work in a democracy, ensure the unity of Ukraine, feel constant responsibility for himself, his people, the country, and strive to make a real contribution to reform processes, especially in unstable, wartime. The main goal of educational institutions in the system of educational work of the modern information space is revealed. The tasks of patriotic education of the individual are presented. The content of patriotic education at the wartime stage and the main characteristics of the content of patriotism are substantiated. The main methodological positions that are taken into account in the construction of the structure and dynamics of the formation of civil responsibility of the individual are highlighted. The structure of civic responsibility as an integral system of the modern information space is drawn, which includes three subsystems that characterize the natural, social and systemic qualities of citizenship, interconnected hierarchically and synergistically. The components of the structural part of the model of civil culture of the individual in the modern information space are analyzed.Modern modernization of the education system in the modern information space, which has led to the emergence of a new type of Educational Institutions, requires the search for new pedagogical technologies that can ensure the formation of a patriotic citizen with an active civic position, which involves not only mastering students' knowledge about the rights and obligations of citizens, convincing them of the expediency of democratic transformations of society, the formation of high moral and strong-willed, patriotic qualities and feelings, but also identifying motivated civic actions, actions that are necessary during martial law in Ukraine.

Migration and Transmission of the Intangible Culture and its musical change : the case of North Korean Mask Dance Drama, Eunyeul (무형문화의 이주, 전승 그리고 음악적 변화 양상: 은율탈춤의 사례)

  • Kim, Sun-Hong
    • (The) Research of the performance art and culture
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    • no.39
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    • pp.197-222
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    • 2019
  • In the paper, this study will be explored in the migration of the mask dance Eunyeul Talchum from North Korea to South Korea after the national division took place. During and after the Korean War, refugees from the Hwanghae province settled in the Republic of Korea who were performers of the three Korean mask dances: Bongsan Talchum, Kangryeong Talchum and Eunyeul Talchum. All of these mask dances are denoted as South Korea's National Intangible Properties under the Cultural Property Protection Law (1962.) However, Eunyeul Talchum is the only asset among these three that settled in Incheon, instead of the capital, Seoul. The purpose of this research is to examine the process of restoring and the idea of transmitting Eunyeul Talchum in Incheon after the division of Korea. As opposed to Bongsan Talchum and Gangryeong Talchum, which are recognized as major socio-ethnic groups, Eunyeul Talchum belongs to a minority. Because not only Eunyeul Talchum is the last Mask Dance which has been nominated as an Intangible asset among the other Hwanghae Talchum but also, most people in the preservation association are comprised of the second-generation refugees from Hwanghae province. During three months of research, the researcher observed the performances and the educational communicating Eunyeul Talchum's cultural legacy. This study included several research methods: open interview, examination of relevant documents, and live performances. Particularly, the researcher conducted interviews with the Human Cultural Property and musicians (including professional/scholarly to lay/untrained) in the Preservation Association. In conclusion, Eunyeul Talchum preservation association is not as preeminent as other Korean mask dances, it has been transmitted by performers from Hwanghae province with its unique masks and instrumental accompaniment. These performers and educators dedication to maintaining Eunyeul Talchum's attributes contribute largely to the Preservation Association's successful settlement in Incheon. Thus, the researcher examines which idea formed to subsist the Eunyeul Talchum preservation association.

A Study on 'Romalpa' Clause under SGA (SGA상 'Romalpa' 조항에 관한 연구)

  • Min, Joo-Hee
    • Korea Trade Review
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    • v.42 no.2
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    • pp.391-410
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    • 2017
  • This study examines Romalpa clause as an extended or enlarged retention of title clause under SGA. Under a simple retention of title clause, the seller retains title to goods supplied until the goods have been paid. A simple retention of title gives the seller super-priority interest in other creditors of the buyer without registering a charge. Aluminium Industrie Vaassen BV v. Romalpa Aluminium Ltd introduced the concept of 'extended reservation of title(so called 'Romalpa clause') in English law. It is because the Court of Appeal held that under an extended reservation about title clause the seller can trace his title into money which constitutes the proceed of sale by the buyer of goods supplied by the seller. However, since Romalpa case, the courts are reluctant to uphold the seller's extended title. Under Romalpa clause, the seller attempts to extend his protection by laying claims to new products manufactured from his goods or to proceeds of sale by the buyer. Where the seller's goods are lawfully used by the buyer to create new goods, the property in the new goods will generally vest in the buyer. It is because there has been discomfort if the seller gains the windfall profit of the new goods. Moreover, regarding tracing proceeds of sale by the buyer, the courts held that the seller must establish fiduciary relationship with the buyer. If the fiduciary requirement cannot be established, the extended retention of title clause is seen as a charge over the proceeds, and void if not registered. For these reasons, it is difficult that the claims based on the extended retention of title clause would be upheld.

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