• The Korean Society of Law and Medicine
• /
• v.11 no.1
• /
• pp.297-329
• /
• 2010

The bioethics as a comprehensive and normative control method of life sciences including the technology of advanced medical care, on the one hand, it has modified the conditions for allowing the progress of life sciences. On the other hand, it has put the brakes on attempts of life sciences violating the dignity and value of human beings, natural order. Positively, bioethics presents ethical bases, suggests organization of the legal and institutional conditions, and enables elimination of the legal and institutional obstacles, for the progress of life sciences. Negatively, it has presented justifiable prospects and road maps of life sciences, not to take indiscreet and intemperate turn of violating the dignity and value of human beings, natural order, and its such roles must be carried on.

• Journal of Arbitration Studies
• /
• v.20 no.2
• /
• pp.151-171
• /
• 2010

This paper investigates the consumer arbitration practices In the U.S. The key issue in consumer arbitration is how to protect the individual consumers from the loss of their legal rights stemming from the arbitration agreement with the business. In the U.S., the major legal doctrines to protect individual consumer include the voluntary-knowing-intelligent doctrine, unconscionability doctrine, and void contract. Even though the US courts are favorable to the enforceability of arbitration agreement, they strictly apply the contract law theories in deciding the existence of arbitration agreement, providing a strong common law protection for the consumers in arbitration. However, the practices for protection of consumers in arbitration in Korea are not mature yet. If consumer arbitration is widely adopted into B to C contracts, a protective measure for individual consumer can be found in the Act of Clause Regulation providing that the business has duty to explain the relevant clause in the adhesive contracts.

• Journal of the Korea Fashion and Costume Design Association
• /
• v.3 no.2
• /
• pp.5-21
• /
• 2001

The intellectual properties right are becoming very critical issues in domestic fashion industries and also international trade. Although it is true that intellectual properties rights are commonly infringed in fashion industry, none of researches has been done for this matter. The present study is to analyze the patterns of infringement by case analysis, which was limited to trademark and trade dress. As a result, in case of trademarks, counterfeiting was relatively clear case, but it is generally investigated by prosecutes whereas the judgement of similar trademark has been taken by legal lawsuit. In case of industrial design(trade dress) most of disputes were related to textile design and modified Korean tradition dress. Reflecting the short history of protection of intellectual properties rights many informations and legal regulations should be established by te government and by the association of fashion related industry.

• Journal of the Korean Society for information Management
• /
• v.1 no.1
• /
• pp.9-24
• /
• 1984

This paper reviews the applicabilities and the problems of copyright law and patent law to the computer-related intellectual properties such as data bases and computer softwares, with special reference to the practices in the advanced countries like U.S., U.K., and Japan. It also discusses Japanese proposals of-the new computer program right law which has been based on entirely different concepts of new media. The author concludes that the legal protection devices of any individual countries should be considered in the context of the eventual international agreements.

• Proceedings of the Korea Technology Innovation Society Conference
• /
• 2012.11a
• /
• pp.216-219
• /
• 2012

Spending on research and creative wrtings in South Korea been growing. In this study, we introduce the legal analysis for IPR like copyrights. Current copyright law(Art. 23, Sec.1) allows to open some writings previously published in the textbooks under high school. Can this custom be justified? There is conflicts between right of education and intellectual property. We review preliminary issues before concentrated research.

• The Journal of the Institute of Internet, Broadcasting and Communication
• /
• v.18 no.1
• /
• pp.185-194
• /
• 2018

This study investigates the limitations of blockchain technology and the ways to improve it by using Delphi technique. Limit factors and improvement measures are classified into technology, service, and legal system. First, from a technical point of view, lack of standardization of the technology, insufficiency of integration, lack of scalability, unclear cancellation or correction policy, excessive cost of transaction verification, insufficient personal information protection and not enough to respond to hacking defense were the limiting factors. In order to improve these, the followings; ensuring standardization, securing integration and scalability, establishing cancellation of each applicable data, establishment of correction policy, efficiency of verification cost, the protection of personal information and countermeasure against hacking are provided. The related technology development and countermeasures must be established to effectively introduce the blockchain technology to the market. Second, in the early stage of blockchain service, it showed lack of utilization of the blockchain, security threat, shortage of skilled workers, and lack of legal liability. As a solution to these problems, it is necessary to suggest various applications, against security threat, training professional manpower, and securing legal responsibility. It should also provide a foundation for providing institutionally stable services. Third, from as legal system point of view, inadequate legal compliance, lack of relevant regulation, and uncertainty in the regulation were the limiting factors. Therefore establishing a legal system, which is the most important area for activating the service, should be accompanied by the provision of legal countermeasures, clearness of regulations and measures to be taken by relevant governmental authorities. This study will contribute as a reference for a research, related to the blockchain.

• Korean Security Journal
• /
• no.51
• /
• pp.81-100
• /
• 2017

Recently, Crime patterns in our society are diversifying as followed on the urbanization of population and the influx of immgrants. Existing murder, kidnap, sexual assault, etc. Especially, the crimes such as school violence, dating violence, domestic violence, violent abuse and even social hatred a crime, motiveless crime are spreading into every phase of national life. Due to the social situation, the sharp increase in demand for personal protection, the scale of private security industry has been constantly expanded. Following this trend, the personal protective regulations in Security Industry Act has been revised several times since the it was enacted in 1995. However, despite the fact that the legal and institutional aspects should have been amended and improved systematically according to the industrial development, the regulations adopted initially adopted has been maintained so far, which have resulted in various problems as they could not coincide with the purpose of private security, being divorced from the reality of private security industry and social changes. Especially, in the case of personal protection service and facility security service, the legal requirements of both services are identical with each other in terms. Such legal systems may cause confusion to security businesses and employees, or the police managing and supervising them, regarding the scope and duties of security services. In order to improve such problems, the regulations of permission requirement that the personal protective regulations in Security Industry Act should be revised system. In this study, relevant personal protection provisions prescribed in the Security Industry Act have been reviewed critically in this paper. And also the regulations were review of those personal protection provisions enacted in security industry Act, so that the improvement plan for the personal protection provisions that are apposite to the cases in this country could be suggested in order to amend the current laws and provide real grounds for the law enforcement.

• The Korean Society of Law and Medicine
• /
• v.13 no.1
• /
• pp.359-395
• /
• 2012

In a broad term, health and medical data means all patient information that has been generated or circulated in government health and medical policies, such as medical research and public health, and all sorts of health and medical fields as well as patients' personal data, referred as medical data (filled out as medical record forms) by medical institutions. The kinds of health and medical data in medical records are prescribed by Articles on required medical data and the terms of recordkeeping in the Enforcement Decree of the Medical Service Act. As EMR, OCS, LIS, telemedicine and u-health emerges, sharing and protecting digital health and medical data is at issue in these days. At medical institutions, health and medical data, such as medical records, is classified as "sensitive information" and thus is protected strictly. However, due to the circulative property of information, health and medical data can be public as well as being private. The legal grounds of health and medical data as such are based on the right to informational self-determination, which is one of the fundamental rights derived from the Constitution. In there, patients' rights to refuse the collection of information, to control recordkeeping (to demand access, correction or deletion) and to control using and sharing of information are rooted. In any processing of health and medical data, such as generating, recording, storing, using or disposing, privacy can be violated in many ways, including the leakage, forgery, falsification or abuse of information. That is why laws, such as the Medical Service Act and the Personal Data Protection Law, and the Guideline for Protection of Personal Data at Medical Institutions (by the Ministry of Health and Welfare) provide for technical, physical, administrative and legal safeguards on those who handle personal data (health and medical information-processing personnel and medical institutions). The Personal Data Protection Law provides for the collection, use and sharing of personal data, and the regulation thereon, the disposal of information, the means of receiving consent, and the regulation of processing of personal data. On the contrary, health and medical data can be inspected or delivered of the copies, based on the principle of restriction on fundamental rights prescribed by the Constitution. For instance, Article 21(Access to Record) of the Medical Service Act, and the Personal Data Protection Law prescribe self-disclosure, the release of information by family members or by laws, the exchange of medical data due to patient transfer, the secondary use of medical data, such as medical research, and the release of information and the release of information required by the Personal Data Protection Law.

• Journal of Convergence for Information Technology
• /
• v.11 no.3
• /
• pp.20-33
• /
• 2021

This study is to suggest improvements of personal information protection in South Korea, according to requiring the safety of process and protection of personal information. Accordingly, based on data collection and analysis through literature research, this study derived the issues and suitable standards of personal information for major artificial intelligence services. In addition, this cases studies were reviewed, focusing on the legal compliance and porcessing compliance for personal information proection in major countries. And it suggested the improvement plan applied in South Korea. As the results, in legal compliance, it is required reorganization of related laws, responsibility and compliance to develop and provide AI, and operation of risk management for personal information protection laws in AI services. In terms of processing compliance, first, in pre-processing and refining, it is necessary to standardize data set reference models, control data set quality, and voluntarily label AI applications. Second, in development and utilization of algorithm, it is need to establish and apply a clear regulation of the algorithm. As such, South Korea should apply suitable improvement tasks for personal information protection of safe AI service.

• Journal of the Korean Home Economics Association
• /
• v.11 no.1
• /
• pp.75-91
• /
• 1973

It is a general trend in the world that female workers are drastically increasing due to the facts that highly developed capitalism requires women's job, women are inspired to work, housewives can shorten their working hours for house-keeping and save their energy from their routine works, educational expenses of their children become larger, large among of modities has stimulated purchasing desire. Since the International Treaty on Prohibition of Female's Night Labor was agreed at the Bern's Conference in 1906, the International Labor Organization (I.L.O.) established after the World War II, has adopted innumerable international labor treaties. According to the laws of the advanced countries, the first priority of their protection has been placed on juvenile and female workers. The legal protection of female workers and equal treatments such as wage and promotion between men and women have become important world problems. In this thesis, the great principle of the Labor Standard Law, protection regarding working house, risk and harm in performance of jobs, protection of mother-workers, protection of women workers in advanced countries and the present status of welfare facilities for women workers in our country will be studied. The most important points this thesis has placed stress and appealed, are as follows : 1. The scope and variety of women workers' jobs should be broadened. 2. Opportunity for promotion should be guaranteed for women workers based upon the ability and capacity of individual woman worker. 3. Equal wage principle between men and women workers, should be established based upon the idea that men and women should be equal. 4. The age limit or marriage limit of employment applied only to female workers, should be abrogated. 5. The ability of middle and old aged women workers should be developed and utilized to the maximum extent. 6. Welfare facilities for women workers, should be urgently secured and guaranteed.