• The Korean Society of Law and Medicine
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• v.24 no.4
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• pp.67-101
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• 2023

The utilization of generative AI in the medical field is also being rapidly researched. Access to vast data sets reduces the time and energy spent in selecting information. However, as the effort put into content creation decreases, there is a greater likelihood of associated issues arising. For example, with generative AI, users must discern the accuracy of results themselves, as these AIs learn from data within a set period and generate outcomes. While the answers may appear plausible, their sources are often unclear, making it challenging to determine their veracity. Additionally, the possibility of presenting results from a biased or distorted perspective cannot be discounted at present on ethical grounds. Despite these concerns, the field of generative AI is continually advancing, with an increasing number of users leveraging it in various sectors, including biomedical and life sciences. This raises important legal considerations regarding who bears responsibility and to what extent for any damages caused by these high-performance AI algorithms. A general overview of issues with generative AI includes those discussed above, but another perspective arises from its fundamental nature as a large-scale language model ('LLM') AI. There is a civil law concern regarding "the memorization of training data within artificial neural networks and its subsequent reproduction". Medical data, by nature, often reflects personal characteristics of patients, potentially leading to issues such as the regeneration of personal information. The extensive application of generative AI in scenarios beyond traditional AI brings forth the possibility of legal challenges that cannot be ignored. Upon examining the technical characteristics of generative AI and focusing on legal issues, especially concerning the protection of personal information, it's evident that current laws regarding personal information protection, particularly in the context of health and medical data utilization, are inadequate. These laws provide processes for anonymizing and de-identification, specific personal information but fall short when generative AI is applied as software in medical devices. To address the functionalities of generative AI in clinical software, a reevaluation and adjustment of existing laws for the protection of personal information are imperative.

• Journal of Digital Convergence
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• v.9 no.6
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• pp.81-90
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• 2011

Companies using internet as a kind of marketing means are increasing rapidly according to the expansion trend of e-commerce through internet and consumers also use internet as the common means of purchasing necessary articles. E-commerce using internet has advantages without limitation to temporal and spatial accessibility and general consumers and unspecified individuals also use internet to purchase their goods as well as general transactions such as advertisement, contract, payment and claim settlement. 'In the age of information, invasion of personal information resulted from the development of information and communication technology is one of the greatest problems all the countries in the world face. Therefore, Personal information protection Act is one of basic laws to protect personal information and rights and it is also an essential law in the age of information. In that sense, new Personal information protection Act is the advanced act containing various items to minimize the national damages from the leaking of private information and protect right to informational self-determination in the information society. It is expected that this legislation contributes to reduce the leaking of private information, enhance the level of privacy protection and develop privacy related industries. However, active participation of all members of our society and improvement of their recognition should be preceded for the rational and legal use of private information and the settlement of its protection culture. While the purpose of Personal information protection Act can protect privacy from collection, leaking, misuse and abuse of private information and enhance national interests and protect personal dignity and value, it also must perform the roles of balancing privacy protection with liberal information flow.

• The Journal of the Convergence on Culture Technology
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• v.8 no.6
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• pp.515-522
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• 2022

This study analyzed the child protection system in Germany from a preventive perspective and attempts to find the applicable implications to Korea. The research method was analyzed in terms of legal, policy and professionalism. The result is as follows. First, Child and Youth Support Act in Germany stipulated a preventive support system to restore the function of the family. Second, according to the Civil Act, it was stipulated that the family court could intervene early. Third, the federal Child Protection Act stipulated community cooperation for thd child protection system. Fourth, the Youth Agency as the general authority made it possible to provide preventive support and intervention at the same time. Firth, qualification standards were specified in the Child and Youth Support Act. Child protection specialists are granted to public officials who have worked for more than three years. The implications are as follows. First, the child protection system, which operates as a child abuse reporting system, should be expanded to a preventive support system. Second, it is necessary to expand monitoring by establishing an early warning system between networks in order to establish a support system for potentially at-risk children. Third, local governments should support children and parents flexibly and comprehensively for dysfunction caused by difficulties at home. Fourth, it is necessary to enact the Child Protection System Cooperation Act for a network cooperation system.

• Journal of Arbitration Studies
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• v.12 no.1
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• pp.207-239
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• 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.

• Journal of KIISE
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• v.44 no.9
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• pp.918-931
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• 2017

Recently, the spread of smartphones and various wearable devices has led to increases in the accumulation and usage of personal information. As a result, privacy protection has become an issue. Even though there have been studies and efforts to improve legal and technological security measures for protecting privacy, personal information leakage accidents still occur. Rather than privacy requirements, analysts mostly focus on the implementation of security technology within software development. Previous studies of security requirements strongly focused on supplementing the basic principles and laws for privacy protection and securing privacy requirements without understanding the relationship between privacy and security. As a result, personal information infringement occurs continuously despite the development of security technologies and the revision of the Personal Information Protection Act. Therefore, we need a method for eliciting privacy requirements based on related privacy protection laws that are applicable to software development. We also should clearly specify the relationship between privacy and security. This study aims to elicit privacy requirements and create privacy assurances cases for Privacy Friendly System development.

• Journal of the Korean Society for Library and Information Science
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• v.40 no.1
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• pp.163-194
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• 2006

The purpose of this study is to find out the ways of protecting copyrights of North Korean works focusing on the limitations on exclusive rights in the South Korean libraries. This study deals with the articles of the copyright laws which are rotated with using materials in libraries both North and South Korea. It also covers related provisions of Borne Convention for the Protection of Literary and Artistic Works. The past study on the copyright protection has mostly focused on how we protect the copyright of publications and works which are published for profit. This study proposes some solutions from the legal institutional aspects, policy and socio-cultural aspects in order to protect the copyright of North Korean works and improve their use under the limitations on exclusive rights by libraries.

• The Journal of the Korea Contents Association
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• v.10 no.11
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• pp.262-274
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• 2010

In Welfare Center for the disabled, under the Government's information acceleration plan, the computer system has been developed starting from work standardization in 2001 but it has been emphasized only on the technical and customer convenience side leaving out preparation for the side effects of them. Therefore this article will seek the necessity of personal information protection, legal basis in the Welfare Center for the disabled. Additionally after analyzing current status for the personal security of Welfare Center for the disabled, establishing an alternative plan for personal security policy's way could be addressed. Increasing education for awareness stress of personal information security, and preparing institutional protection apparatus from applying life cycle of personal information would be an alternative plan for personal information protection for Welfare Center for the disabled. Also frequent monitoring of accessing personal information from the computerized system should be achieved. It is impossible to recover damage caused by leak of personal information although post actions are progressed. From this essay, awareness of personal information protection should be newly revised for both the Social Welfare Organization and the Disabled welfare center, and also technical, institutional strategy's action should be arranged.

• Journal of Families and Better Life
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• v.22 no.6 s.72
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• pp.177-189
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• 2004

The purpose of this study is to study the perceptions and attitudes of various married couples(non-violent couples, violent couples, indicted couples) on the Domestic Violence Acts, and collect opinions on the legal treatment of indicted couples, especially on Protection Orders and criminal punishment. The questionnaires included 542 couples residing in Pusan and 50 indicted couples in various major cities of Korea. The major results were as follows: First, couples in general understood well the Domestic Violence Acts, and their history of domestic violence did not affect their knowledge on the Acts. Second, the attitudes of the husbands on Domestic Violence Acts were affected by whether or not they had inflicted violence on their wives. Husbands who have a history domestic violence, but were not arrested and indicted had negative attitudes on the in- tervention of the police. They also did not want to call the police for assistance. However, they showed positive attitudes towards programs aimed at preventing domestic violence. Third, the attitudes of wives on Domestic Violence Acts were not associated with experienced domestic violence. Fourth, indicted couples felt that Protection Orders were necessary and they were willing to follow the Protection Orders set forth by public prosecutors. Victimized wives wanted another form of sentencing rather than a fine, and they wanted to have their opinions heard when their spouse was arrested and when sentencing took place.

• Convergence Security Journal
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• v.19 no.3
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• pp.43-50
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• 2019

In a hyper-connected society, electric power infrastructures and information and communication infrastructures are the core of critical national infrastructures. However, electric power infrastructure is very deadly to high-frequency nuclear electromagnetic pulse (HEMP) threats recently issued by North Korea, so the resilience through rapid recovery after attack is directly related to the survivability of our country. Therefore, electric power infrastructure should take precedence over any other key infrastructure, with preemptive protection measures and fast recovery plans. In this paper, the characteristics of the HEMP threats was examined, and the risks and effective major protection measures of the electric power infrastructures are discussed. In the future, it is expected that it will be able to help establish the direction of enactment and revision of legal schems related to the 'high power EMP infringement prevention' for Korea's electric power infrastructures.

• The Korean Journal of Archival Studies
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• no.56
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• pp.113-145
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• 2018

Japan has enacted the Public Records and Archives Management Law from 2011 in order to prevent mismanagement of records management and to fulfill accountability to the public. However, in 2013, The Designated Secrets Protection Act was enacted before the Public Records and Archives Management Law brought changes to administrative institutions. The Designated Secrets Protection Act have raised concerns that the public's right to know and the transparency of administration are being retreated, especially the development of freedom of information and records management systems. This article analyzed the background of the establishment of Designated Secrets Protection Act and the contents of legal composition. It also identified the possibility of human rights abuse in the aptitude assessment system, the lack of independent monitoring agencies, the impossibility of internal accusations, and the possibility of wide confidentiality designation. Furthermore, analyzed how the problem affects Japanese records management and freedom of information system. Through this, I suggested the improvement of the system of the secret level records management system in Korea, the establishment of the clear purpose of the secret record management, the application of the Tshwane principle, and the establishment of the independent and professional monitoring agency.