• International Journal of Computer Science & Network Security
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• v.22 no.2
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• pp.424-435
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• 2022

When the owners of the intellectual property rights of digital content have lost control over it in the digital environment, there emerged fears that the intellectual property laws, especially copyright law, would not be effective as in the material (Offline ) world. The reason is that the digital environment helps to reproduce copies in high quality and at almost no cost, while copyright law protection has been limited to programs embedded in CDs. According to copyright laws, the owner of the program did not have the right to prevent buyers of the initial physical copy of the program from copying and reselling it to more than one individual without the permission of the original owner. As a result, business owners have invented the idea of licensing digital content and programs instead of selling them. They set out terms that serve their commercial interests regardless of their abuse to intellectual property laws or even the rules of the traditional contract to sell a material property. The abuse has resulted from the way those terms are concluded and the heavy rules that are unfair to consumer rights. Therefore, business owners insisted on dealing with the website and its programs and digital content as material property. Here raises the question of whether the website and its digital content are subject to the protection of copyright law or the rules of the traditional contract or licensing contracts. As the answer to this question affects the protection of consumer rights, is it possible to find a balance between it and the protection of the owners of digital programs' rights.That is what we will discuss in this paper.

• (The) Research of the performance art and culture
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• no.23
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• pp.213-243
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• 2011

Under copyright law, the writer' work is clearly protected, and any later producer who wishes to mount a copyrighted play or musical must obtain a license from the author, which may involve sharing royalties from the subsequent production with the author. Generally, directors do not explicitly enjoy similar legal protection for their creative input into a finished production. This Article explores the unsettled issue of copyright protection for stage direction in America. Firstly, it presents a few lawsuits on behalf of stage direction issues. It examines whether stage directions are possible for copyright protection through some pieces of articles. It looks at the contract form made by SSDC which is national labor union representing stage directors and choreographers. After all, I insist we acknowledge the copyright law and the value of copyright protection for stage directors' creative input into a performing arts production. We should devise the contract forms for stage directors which are to be applicable for each situations of productions.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.33-62
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• 2020

The current air transportation industry is facing a lot of changes not only in the quantitative growth of the market, but also in the legal aspects. For many years, the Warsaw Convention has contributed to the uniform discipline of civil carriers' legal liabilities arising from international aviation accident and has fulfilled the duties of legal guardians for the development of the air transport industry. In the process, however, the consumer interests of the air transport industry did not have much protection compared to other industries. In response, the Montreal Convention has effected for protecting the interests of aviation consumers, and there are numerous legal changes around the world to protect aviation consumers like passengers. The mental damages of airline passengers arising from the accident can also be understood as part of the protection of air consumers. Considering that the US Federal Court has dealt with the recognition of mental damages for air passengers since the early 1990s. However, Korean judicial precedent still excludes mental anguishes from the scope of damage compensation. From this point of view, it is considered academically meaningful to analyze the latest case of the US federal court. Recently, the United States Court of Appeal for the Sixth Circuit in Doe v Etihad Airways applied a different interpretation against the traditional opinion: passengers could not recover for mental distress unless that mental distress resulted from a bodily injury sustained in an airplane accident. The background of the court's conclusions can be explained in many ways, among other things, unlike the Warsaw Convention the new international rule, Montreal Convention is recognizing the importance of ensuring protection of the interests of consumers in international carriage by air and the need for equitable compensation based on the principle of restitution.

• Asia pacific journal of information systems
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• v.24 no.1
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• pp.93-112
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• 2014

As personal data breach reared up as a problem domestically and globally, organizations appointing chief privacy officers (CPOs) are increasing. Related Korean laws, 'Personal Data Protection Act' and 'the Act on Promotion of Information and Communication Network Utilization and Information Protection, etc.' require personal data processing organizations to appoint CPOs. Research on the characteristics and role of CPO is called for because of the importance of CPO being emphasized. There are many researches on top management's role and their impact on organizational performance using the Upper Echelon theory. This study investigates what influence the characteristics of CPO gives on the organizational privacy performance. CPO's definition varies depending on industry, organization size, required responsibility and power. This study defines CPO as 'a person who takes responsibility for all the duties on handling the organization's privacy,' This research assumes that CPO characteristics such as role, personality and background knowledge have an influence on the organizational privacy performance. This study applies the part relevant to the upper echelon's characteristics and performance of the executives (CEOs, CIOs etc.) for CPO. First, following Mintzberg and other managerial role classification, information, strategic, and diplomacy roles are defined as the role of CPO. Second, the "Big Five" taxonomy on individual's personality was suggested in 1990. Among these five personalities, extraversion and conscientiousness are drawn as the personality characteristics of CPO. Third, advance study suggests complex knowledge of technology, law and business is necessary for CPO. Technical, legal, and business background knowledge are drawn as the background knowledge of CPO. To test this model empirically, 120 samples of data collected from CPOs of domestic organizations are used. Factor analysis is carried out and convergent validity and discriminant validity were verified using SPSS and Smart PLS, and the causal relationships between the CPO's role, personality, background knowledge and the organizational privacy performance are analyzed as well. The result of the analysis shows that CPO's diplomacy role and strategic role have significant impacts on organizational privacy performance. This reveals that CPO's active communication with other organizations is needed. Differentiated privacy policy or strategy of organizations is also important. Legal background knowledge and technical background knowledge were also found to be significant determinants to organizational privacy performance. In addition, CPOs conscientiousness has a positive impact on organizational privacy performance. The practical implication of this study is as follows: First, the research can be a yardstick for judgment when companies select CPOs and vest authority in them. Second, not only companies but also CPOs can judge what ability they should concentrate on for development of their career relevant to their job through results of this research. Cultural social value, citizen's consensus on the right to privacy, expected CPO's role will change in process of time. In future study, long-term time-series analysis based research can reveal these changes and can also offer practical implications for government and private organization's policy making on information privacy.

• Korean Security Journal
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• no.16
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• pp.161-187
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• 2008

The purpose of this study is to suggest a development method of current Korean security system by analyzing the problems shown in the performance of security work in relation to the terrorism, which is enlarging in the word, from various aspects. In order to perform the study, the researcher considered the basic theory concerned to current Korean law concerned to security, principle and methodology of security, terror and new terrorism. The researcher performed the study by selecting qualitative case study focused on Park Geun-Hye case. Through the study, the methods to develop Korean security system are as follows. First, from the legal aspect, it is necessary to establish the law concerned to terrorism prevention and important person security. Moreover, it is necessary to search for the development of private security by revising Security Industry Act, which is a legal ground of private security. Second, it is necessary to improve and reinforce education & training program, which is not still divided in detail from the aspect of private security cultivation. Moreover, it is necessary to activate personal protection work and enlarge market through Security Industry Act and make an effort to change social recognition over security, which is devaluated in the society. From the viewpoint, national license about private security shall be adopted. The department of president security, which is a representative of official security, shall transfer the advanced technology to private security organization. Third, from the aspect of operation, the operation of security based on SCE principle, human shield principle, the nearest person's protection principle, body extension principle, linear protection principle and evacuation priority principle is required. Therefore, the priority shall be given to preventive security and thorough security plan shall be made for the operation.

• Journal of Legislation Research
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• no.54
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• pp.345-382
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• 2018

Sports events are not copyrighted and sports organizer's profit from sports events is not subject to intellectual property law in our legislation. Most other countries, except for France, do not also recognize sports organizer's profit as an intellectual property right. For this reason, legal grounds protecting sports organizer's profit must be found from current law such as tort law or Unfair Competition and Trade Secret Protection Act. It is irrefutable that these laws play a significant role in protecting sports organizer's profit by imposing restrictions on taking unfair advantage of others' efforts or investment. Nevertheless, protecting sports organizer's profit through such laws has its limits because sports events and relevant information outside the protection category of intellectual property law are considered as public domain. Therefore, introduction of sports organizer's intellectual property right through legislation will serve to faithfully protect sports organizer's profit. Even countries where spectator sports industry is fully in force actively discuss the issue of introducing sports organizer's intellectual property right. Intellectual property law, like other laws, is keenly subject to international trends due to market globalization and sensitively responds to the trends. I believe that further discussions are highly required about the introduction of sports organizer's intellectual property right that properly reflects international trends.

• Korean small business review
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• v.42 no.1
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• pp.57-77
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• 2020

In Korea, various schemes have been implemented to prevent the outflow of technology, but they do not bring practical effects. In general, we focus on follow-up measures such as strong punishment in case of violation of the law. In terms of proactive prevention, it is not shown to have any real preventive effect, even though it includes such matters as imposing security measures on companies or conducting a survey. this paper examines the need to strengthen the protection of business secrets by reviewing the employment rules between companies and workers presented in the Labor Relations Act and the Labor Standards Act as a realistic alternative. In most companies, even though the employment rule is the highest standard of private regulations, the employment rule has no matters on the prevention and protection of technology leakage. The employment rules require all employees working for companies to agree and notify in the Labor Standards Act, so it is necessary to reflect them as standards in the standard employment rules because it shows that all employees of the company can have a common sense of security and present legal compliance with security-related documents, such as security pledges and security-related guidelines and procedures.

• Asia pacific journal of information systems
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• v.18 no.3
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• pp.45-65
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• 2008

The rapid growth of the Internet has increased the amount of transmission of personally identifiable information. At the same time, with new Internet related technologies, organizations are trying to collect and access more personal information than before, which in turn makes individuals concern more about their information privacy. For their successful businesses, organizations have tried to alleviate these concerns in two ways: (1) by offering privacy policies that promise certain level of privacy protection; (2) by offering benefits such as financial gains or convenience. In this paper, we interpret these actions in the context of the information processing theory of motivation. This paper follows Hann et al.(2007)'s methods to analyze Internet users privacy concerns in Korea and tries to compare the findings. Our research objectives are as follows: First, we analyze privacy concern mitigation strategies in the framework of the expectancy theory of motivation. Subsequently, we show how the expectancy theory based framework is linked o the conjoint analysis. We empirically validate the predictions that the means to mitigate privacy concerns are associated with positive valences resulting in an increase in motivational score. In order to accommodate real-life contexts, we investigate these means in trade-off situation, where an organization may only be able to offer partially complete privacy protection and/or promotions and/or convenience, While privacy protection (secondary use, improper access) are associated with positive valences, we also find that financial gains can significantly increase the individuals' motivational score of a website in Korea. One important implication of this empirical analysis is that organizations may possess means to actively manage the privacy concerns of Internet users. Our findings show that privacy policies are valued by users in Korea just as in the US or Singapore. Hence, organizations can capitalize on this, by stating their privacy policy more prominently. Also organizations would better think of strategies or means that may increase online users' willingness to provide personal information. Since financial incentives also significantly increase the individuals' motivational score of website participation, we can quantify the value of website privacy protection in terms of monetary gains. We find that Korean Internet users value the total privacy protection (protection against errors, improper access, and secondary use of personal information) as worthy as KW 25,550, which is about US 28. Having done this conjoint analysis, we next adopt cluster analysis methodology. We identify two distinct segments of Korea's internet users-privacy guardians and information sellers, and convenience seekers. The immediate implication of our study is that firms with online presence must differentiate their services to serve these distinct segments to best meet the needs of segments with differing trade-offs between money and privacy concerns. Information sellers are distinguished from privacy guardians by prior experience of information provision, To the extent that businesses cannot observe an individual's prior experience, they must use indirect methods to induce segmentation by self-selection as suggested in classic economics literature of price discrimination, Businesses could use monetary rewards to attract information sellers to provide personal information. One step forward from the societal trends that emphasize the need of legal protection of information privacy, our study wants to encourage organizations and related authorities to have the viewpoints to consider both importance of privacy protection and the necessity of information trade for the growth of e-commerce.

• The Journal of the Korea Contents Association
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• v.16 no.1
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• pp.585-594
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• 2016

This study is aimed at researching and analyzing the students' recognition and practice of the patents medical information, who are majoring in medical records and will be working as medical records technician, letting them recognize the importance of information, and at offering basic data required for development of medical records curriculum and for establishment of medical records protection policy. This study was conducted from 18th May through 6th June 2015, targeting 340 students enrolled four universities, by t-test, variance analysis, Pearson correlation analysis and multiple regression analysis. As a result of this study, the point of protection recognition and practice recognition is 3.55 and 3.49, respectively, out of 5. With regard to recognition of medical information protection, there was a significant difference in grade, satisfaction for major, experience of medical information protection education and recognition of law, while for recognition of practice, in grade, satisfaction for major, educational experience and damage of medical information exposure. Recognition of protection and recognition of practice had a significant static correlation, and recognition of information exposure, recognition of social issue and recognition of legal system had significant positive effect on recognition of practice. In order to raise the recognition of protection and recognition of practice, based on this study, it is considered necessary for the universities to educate the damage of medical information exposure and importance of medical records management, and to raise the students' recognition.

• Journal of Korea Game Society
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• v.14 no.1
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• pp.81-92
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• 2014

It was introduced article 26 (Restriction on Hours Provided for Internet Games in Late Night Time) of Juvenile Protection Act, so called "Shut-down Rule", in 2011. Game Industry submitted the legal petition and claimed that the rule is against the Constitution, because that rule based on the assertion that the game is poisonous such as drugs without apparent scientific evidence. It's in controversy in terms of science/medical care up to now; for all that it became to receive in social level. We can find a kind of technology-hatred that come out state-driven radical technological reception. It is required critical-discourse frame on new technology, not pathological frame.