• 제목/요약/키워드: legal Protection

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남북 투자분쟁해결의 법적쟁점에 관한 고찰 (A Study on the Legal Issues of Inter-Korean Investment Disputes Settlement System)

  • 오현석
    • 한국중재학회지:중재연구
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    • 제29권2호
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    • pp.3-34
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    • 2019
  • The resumption of economic cooperation between South and the North Korea will be a new growth engine for our economy. Many Korean companies are preparing to invest in North Korea in accordance with the progress of inter-Korean relations. However, there are many risks inherent in inter-Korean economic cooperation, as experienced in previous cases. Specifically, one should be prepared for unfair measures such as the expropriation of investment assets of South Korean enterprises by North Korea authorities. Therefore, it is essential to review the protection measures of investment in North Korea and to review the investment dispute settlement system. The South and the North have an agreement to establish the inter-Korean Commercial Arbitration Committee to resolve the disputes that may arise if one party's investments are lost due to inappropriate or unfair measures due to the other party's authority. However, the Investment Agreement, which governs the Inter-Korean Commercial Arbitration Committee, contains a number of declarative statements that are somewhat ineffective. Even today, nearly 20 years after the adoption of the Agreement, the specific detailed procedures have shown no real progress, such as in the enactment of arbitration rules. Therefore, at present, it is difficult to expect a system that can effectively address the damage of our corporations which have invested in North Korea. When the assets freeze after the suspension of Kumgang tourism and the closure of the Kaeseung Industrial Complex by North Korea, the activation of the inter-Korean Commercial Arbitration Committee is the most important prerequisite for economic cooperation with North Korea. For this purpose, the resolution of disputes through the Inter-Korean Commercial Arbitration Committee has to be made more concrete, with the effectiveness of the dispute settlement system enhanced by means of various efforts.

현행 대(對)테러시스템의 개선을 위한 상대적 중요도 분석 (Analytic Hierarchy Process(AHP) to Improve the Current Counter-Terrorism System)

  • 이대성
    • 융합보안논문지
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    • 제19권2호
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    • pp.123-128
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    • 2019
  • 2016년 3월 대한민국 국회에서 대(對)테러법인 "국민보호와 공공안전을 위한 테러방지법"이 통과되었고, 이에 근거하여 대테러관련기관의 기능과 역할도 부여되었다. 그러나 대테러관련기관이 그 임무를 수행하는 과정에서 다수의 문제점이 제기되었으며, 이에 관한 다양한 논의가 진행 중이다. 이 연구는 대테러시스템과 관련한 쟁점에 대하여 전문가들에게 '상대적 중요도 분석(AHP)'을 실시하였다. 현행 대테러시스템 개선을 위한 분석결과는 다음과 같다. 첫째, 측정영역의 우선순위는 법제도, 협력, 운영 측면으로 밝혀졌다. 다음으로, 측정요소의 우선순위는 대테러전담기구의 정비, 대테러관련부서의 유기적 공조, 대테러업무의 전문인력양성으로 도출되었다. 이를 통하여 대테러시스템 개선을 위한 정책적 고려사항으로 대테러전담기구의 정비 등에 관한 논의가 필요하다.

일부 수도권지역에서의 키즈카페 내 유해물질 노출수준 평가 (Assessment for Exposure Levels of Hazardous Substances in Kids Cafes within Some Metropolitan Area)

  • 김호현;안선민;이재영;최인석;이정훈;남의현;유시은;정다영;이철우;박충희
    • 한국환경보건학회지
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    • 제45권1호
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    • pp.54-61
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    • 2019
  • Objectives: In this study, we investigated an assessment for exposure levels of hazardous substances to kids cafes that unregulated by law. Methods: Heavy metals, volatile organic compounds, formaldehyde, pesticides and phthalate were measured at 20 kids cafes in Gyeonggi-do and Incheon. Samplings were conducted from April to July in 2018. Results: Heavy metals were detected over the standard mainly around the floor and walls in the 19 kids cafes. Pesticides were detected in 7 locations with chlorpyrifos, diazinon and cypermethrin, and showed the highest detection level of chlorpyrifos. The concentrations of DEHP in all kids cafes were exceeded with standard. The risk assessment results showed that HCHO as carcinogen had a safety level and DEHP as non-carcinogens had a safety level as assessed to be under than 0.1. Conclusions: Considering the exposure investigation results and the importance of child health protection, kids cafe should be included in the legal management list of children's activities zones.

미국 무역확장법 제232조 조치는 GATT/WTO 규정에 타당한가? (Is the U.S. Trade Expansion Act Section 232 Consistent with GATT/WTO Rules?)

  • 인즈후이;최창환
    • 무역학회지
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    • 제44권1호
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    • pp.177-191
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    • 2019
  • Global trade protectionism has increased further and U.S. priorities and protectionism have strengthened since Trump took office in 2017. Trump administration is actively implementing tariff measures based on U.S. domestic trade laws rather than the WTO rules and regulations. In particular, the American government has recently been imposing high tariffs due to national security and imposing economic sanctions on other countries' imports. According to the U.S. Trade Expansion Act Section 232, the American government imposed additional tariffs on steel and aluminum imports to WTO member countries such as China, India, and EU etc. on march 15, 2018. Thus, this study aims to investigate whether the U.S. Trade Expansion Act Section 232 is consistent with GATT/WTO rules by comparing the legal basis of US / China / WTO regulations related to Section 232 of the U.S. Trade Expansion Act, and gives some suggestions for responding to the Section 232 measure. As the Section 232 measure exceeded the scope of GATT's Security Exceptions regulation and is very likely to be understood as a safeguard measure. If so, the American government is deemed to be in breach of WTO's regulations, such as the most-favored-nation treatment obligations and the duty reduction obligations. In addition, American government is deemed to be failed to meet the conditions of initiation of safeguard measure and violated the procedural requirements such as notification and consultation. In order to respond to these U.S. protection trade measures, all affected countries should actively use the WTO multilateral system to prevent unfair measures. Also, it is necessary to revise the standard jurisdiction of the dispute settlement body and to explore the balance of the WTO Exception clause so that it can be applied strictly. Finally, it would be necessary for Chinese exporters to take a counter-strategy under such trade pressure.

DoS 공격에 강한 무선 랜 인증 프로토콜 (DoS-Resistance Authentication Protocol for Wreless LAN)

  • 김민현;이재욱;최영근;김순자
    • 정보보호학회논문지
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    • 제14권5호
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    • pp.3-10
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    • 2004
  • 무선 랜은 액세스 포인트를 경유하여 인터넷을 사용할 수 있기 때문에 접근 제어의 중요성을 가지고 있다. 또한 무선 랜을 이용하기 위해서는 EAP의 인증과정을 거치게 된다. 이러한 액세스 포인트 접근과 인증 과정에 대한 치명적인 공격 중의 하나가 DoS(Denial of Service) 공격이다. 즉 악의적인 공격자가 액세스 포인트의 접근을 막거나 또는 인증 과정에서 서버의 메모리 및 중앙처리장치의 계산 능력 등을 강제적으로 소비시킴으로써 합법적인 사용자가 서비스를 받지 못하게 한다. 본 논문에서는 무선 랜에 대한 DoS 공격을 접근 제어, 자원의 할당, 인증프로토콜 상에서의 공격으로 나누어 각 공격에 대한 방어법을 제시하였다. 액세스 포인트 접근에 대한 문제는 사전 검증 단계 및 보안 수준 변수에 의해, 자원의 할당에 대한 공격은 부분적인 stateless 프로토콜에 의해, 프로토콜상의 약점은 타임스템프와 접근 제한 변수에 의해 개선하였다.

암호기법을 이용한 정책기반 프라이버시보호시스템설계 (Design of a Policy based Privacy Protection System using Encryption Techniques)

  • 문형진;이영진;이동희;이상호;이건명
    • 정보보호학회논문지
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    • 제16권2호
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    • pp.33-43
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    • 2006
  • 기관이나 기업은 효율적인 개인별 서비스를 위해 정보주체의 동의하에 개인정보를 수집 관리하고 있다. 그러나 데이터 베이스 관리자를 비롯한 정보사용자들은 저장된 개인정보를 무분별하게 접근하여 개인정보 오남용과 유출가능성을 높아지고 있다. 개인정보 보호를 위해 기관이나 기업이 자체 정책에 따라 개인정보에 대한 접근제어를 하는 시스템이라 할지라도 정보주체 자신의 정보에 대한 접근제어가 의도를 충분히 반영하기가 어렵다. 이 논문에서는 암호기법을 이용하여 정보사용자의 불법적인 접근을 차단하고 정보별로 접근제한을 할 수 있는 프라이버시 정책 기반의 접근제어 기법을 제안한다. 제안 기법에서 개인정보는 각기 다른 키로 암호화하여 데이터베이스에 저장된다. 정보주체는 자신의 정보 접근권한에 대한 정책을 세우며, 그 정책에 따라 정보사용자에게 키를 부여하므로써 정보 접근의 통제가 가능하다.

Overcoming Cybercrime in Ukraine (Cyberterrorism)

  • Pravdiuk, Andrey;Gerasymenko, Larysa;Tykhonova, Olena
    • International Journal of Computer Science & Network Security
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    • 제21권6호
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    • pp.181-186
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    • 2021
  • Ensuring national security in cyberspace is becoming an increasingly important issue, given the growing number of cybercrimes due to adaptation to new security and protection technologies. The purpose of this article is to study the features of counteracting, preventing, and detecting crimes in the virtual space of Ukraine on the example of cases and analysis of the State Center for Cyber Defense and Countering Cyber Threats CERT-UA and the Cyber Police Department of the National Police of Ukraine. The research methodology is based on the method of analysis and study of cases of crime detection in the virtual environment of the State Center for Cyber Defense and Countering Cyber Threats CERT-UA and the Cyber Police Department of the National Police of Ukraine. The results show that the consistent development of the legal framework in 2016-2020 and the development of a cyber-defense strategy for 2021-2025 had a positive impact on the institution-building and detection of cybercrime in Ukraine. Establishing cooperation with developed countries (USA) has helped to combat cybercrime by facilitating investigations by US law enforcement agencies. This means that international experience is effective for developing countries as a way to quickly understand the threats and risks of cybercrime. In Ukraine, the main number of incidents concerns the distribution of malicious software in the public sector. In the private sector, cyber police are largely confronted with the misappropriation of citizens' income through Internet technology. The practical value of this study is to systematize the experience of overcoming cybercrime on the example of cases of crime detection in a virtual environment.

오픈뱅킹 기반의 마이데이터 서비스 이용의도에 관한 연구 (A Study on the Intention to Use MyData Service based on Open Banking)

  • 이종섭;최재섭;최정일
    • 한국IT서비스학회지
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    • 제21권1호
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    • pp.1-19
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    • 2022
  • With the revision of the Credit Information Use and Protection Act in August 2020, the MyData service based on open banking policy will take effect in January 2022. Nonetheless, the previous studies focused on the legal system or security-related issues of such service. Therefore, this paper conducted an empirical study on financial consumers aged 20 or older nationwide to analyze the factors which influence the intention to use MyData services based on open banking. Five characteristics representing open banking-based MyData service were derived through prior research, and a research model that combined value-based adoption model and privacy calculus theory was presented. The proposed research model and the relationship of its variables was analyzed using a sample of 400 users that is randomly selected. The results of empirical analysis showed that personalization had the greatest influence on benefits and reliability on sacrifice among service characteristics. They also suggested that MyData operators should devote themselves to providing customized services optimized for customers and establishing trust relationships. It was confirmed that both usefulness and enjoyment had a great influence on perceived value, and in terms of sacrifice, the burden of financial costs had a greater influence than privacy concerns. This study is meaningful in that it explored the psychological propensity of financial consumers to identify service utilization factors and presented a new approach that can contribute to the successful settlement of the domestic MyData industry.

Tackling Privacy Paradox : Protecting Right to Self-determination of Personal Information by Estimating the Economic Value of Personal Information and Visualizing the Price

  • Lim, Sejoon
    • International Journal of Internet, Broadcasting and Communication
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    • 제13권2호
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    • pp.244-259
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    • 2021
  • The economic value of personal information has its importance as an objective measure of valuation in commercial, legal, and policy areas. Until recently, however, personal information subjects have not properly recognized the economic value of personal information, which has led to the inability to exercise the right to self-determination of personal information by unconsciously agreeing to the terms and conditions of personal information service without recognizing the value of personal information provided to the service provider when subscribing to a specific service. Therefore, we will examine the methodologies for calculating the economic value of personal information and the practical guarantee of the right to self-determination of personal information and analyze the economic value of personal information through a survey. Also, we would like to propose various ways for the subject of personal information with limited cognitive resources to visually accept the economic value of personal information required by the terms and conditions and suggest the optimal visualization of personal information economic value to exercise the right to self-determination of personal information. To do so, in this paper, we have conducted two survey experiments to estimate the economic value of personal information. Based on the price of personal information by category retrieved from surveys, we have visualized the price of personal information in various forms and asked respondents to choose the optimal infographic that best represents the value of personal information visually. As a result, we have proposed an optimal usage of the infographic to 'nudge' information subjects about their right to self-determination of personal information, therefore opening the possibility of diminishing privacy paradox.

Normative-Legal and Information Security of Socio-Political Processes in Ukraine: a Comparative Aspect

  • Goshovska, Valentyna;Danylenko, Lydiia;Chukhrai, Ihor;Chukhrai, Nataliia;Kononenko, Pavlo
    • International Journal of Computer Science & Network Security
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    • 제22권10호
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    • pp.57-66
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    • 2022
  • The aim of the article is to investigate socio-political processes in Ukraine on the basis of institutional and behavioral approaches, in particular their regulatory and informational support. Methodology. To determine the nature and content of sociopolitical processes, the following approaches have been used: 1. Institutional approach in order to analyze the development of Ukraine's political institutions. 2. The behavioral approach has been used for the analysis of socio-political processes in Ukraine in the context of political behavior of citizens, their political activity which forms the political culture of the country. Results. The general features of the socio-political situation in Ukraine are as follows: the formed model of government, which can be conditionally described as "presidential"; public demand for new leaders remains at a high level; the society has no common vision of further development; significant tendency of reduction of real incomes of a significant part of the society and strengthening of fiscal pressure on businessmen will get a public response after some time. Increasing levels of voice, accountability, efficiency of governance and the quality of the regulatory environment indicate a slow change in the political system, which will have a positive impact on public sentiment in the future. At the same time, there has been little change in the quality of Ukraine's institutions to ensure political stability, the rule of law and control of corruption. There are no cardinal changes in the development of the institution of property rights, protection of intellectual rights, changes in the sphere of ethics and control of corruption. Thus, Ukraine's political institutions have not been able to bring about any change in the social-political processes. Accordingly, an average level of trust and confidence of citizens in political institutions and negative public sentiment regarding their perception and future change can be traced in Ukraine.