• Title/Summary/Keyword: legal Protection

Search Result 690, Processing Time 0.034 seconds

Limit of interpreting 'security service' in current 「Security Services Industry Act」 and direction of legislating and revising private security industry (현행 「경비업법」상 경비개념과 경비업무 해석의 한계 및 민간보안산업 관련 입법의 제·개정 방향)

  • Choi, Eun-Ha;Kim, Na-Ri;Yoo, Young-Jae
    • Korean Security Journal
    • /
    • no.50
    • /
    • pp.35-57
    • /
    • 2017
  • Security Act has been partially revised many times since it was revised to "Security Service Act". Main contents of such revision consist of the addition of security work such as protection or special security, responsibility enforcement of security company or security guard and systematic management of security service based on security work of previous security service act. But, it needs to be checked out that the fundamental matter about the concept of 'security' is directly related as double-edged sword in such flow of legal revision. That is because security service satisfies the multiple needs for security in the modern risky society and is based on the concept of active management whose goal is to forster and develop the function of actual security service comparing that current "Security Service Act" regulates the formal security service whose goal is permission of security service and systematic management based on article 2 as previous facilities and manned security that is guard duty-centered security service in another respect. So, this study pointed out the limit of interpreting security and security service in "Security Services Industry Act" in respect of providing private security service and drew the conclusion that the legislation and efforts are required for 'security for citizen' by reinterpreting the legislation and revision of private security service-related law as the normal regulation of "Security Services Industry Act" and the special law of "Private Security Services Industry Act".

  • PDF

A Study of the Summary Trial System's Reform Measures (현행 즉결심판제도의 개선방안 연구)

  • Kwak, Young-Kil
    • Korean Security Journal
    • /
    • no.13
    • /
    • pp.47-70
    • /
    • 2007
  • The criminal procedure is based upon two ideal values, or 'speedy trial and economy of litigation' and 'finding truth and guarantee of human rights', which are conflicting each other. The so called summary trial system, a simplified procedure through which a judge handles clearly obvious and minor offences in a quick and efficient manner, has its essential purpose of termination lawsuits promptly and freeing suspects or defendants from criminal procedure at the earliest possible moment. But its excessive emphasis on this purport is very likely to result in insufficient examination and inadequate protection of suspects' or defendants' rights. Therefore, the summary trial system needs a variety of safeguards to prevent these feasible - but undesirable - effects. From this point of view, we should objectively review the current summary trial system. The main object of this study is to investigate what problems the system has both in institution and in practice, and to suggest legal measures, including the abolition of it, to improve the simplified procedure. In conclusion, the summary trial system should be maintained because it has still more merits than faults. And these defects will be able to be overcome by reform measures ; for example, the introduction of the right to opt between the summary procedure and the formal trial, the abolition of detention and so on.

  • PDF

A Study on the Introduction of Obstruction of Justice Contents (사법방해죄 도입에 대한 고찰)

  • Jeong, Byeong-Gon
    • The Journal of the Korea Contents Association
    • /
    • v.11 no.12
    • /
    • pp.734-741
    • /
    • 2011
  • The beginning that the 'Obstruction of Justice' in the United States is commonly known to Korea is through the impeachment of former president W. J. Clinton in 1998. The 'Obstruction of Justice' in the federal law of the United States is comprehensively provided with a general and a particular rule laying emphasis on the obstruction of legal judiciary proceedings. But, according to the Korean Criminal Act and court decisions, there are no such system like the 'Obstruction of Justice' in the United States. In this result, in terms of the criminal-judicial system, some cases even telling a lies has more benefits than revealing the truth and it is discouraged to cooperate the achievement of judicial justice, which make difficulties in investigation and realizing real truth. For this reason, the Ministry of Justice in Korea makes efforts to introduce the 'Obstruction of Justice'. Nevertheless we should examine from all angles that the introduction of 'Obstruction of Justice' is indeed the alternative in our circumstances. Most of the discussions on the introduction of 'Obstruction of Justice' and also the revised bill of the Ministry of Justice are questions of 'False Statement of Suspect and Witness' for investigation of investigative agency, rather than for the introduction of a general rule on the 'Obstruction of Justice'. The introduction of 'False Statement of Suspect and Witness' for investigation of investigative agency needs to consider concern about human rights infringement and witness protection system should be reinforced in the first place. In other words, the introduction of 'False Statement of Suspect and Witness' for investigation process of investigative agency is undesirable now.

Roles and Discourse of Cryptocurrency's Online Community and YouTube : Using Focus Group Interviews (암호화폐 온라인 커뮤니티와 유튜브의 역할 및 담론분석 연구 : FGI 인터뷰를 중심으로)

  • Lim, Han Sol;Jung, Chang Won
    • The Journal of the Korea Contents Association
    • /
    • v.20 no.10
    • /
    • pp.615-629
    • /
    • 2020
  • Conducting Focus Group Interview (FGI), this study examined the roles and discourses of cryptocurrency's online communities and media (legacy media and YouTube), and based on this, the study proposed the direction of cryptocurrency policy. By reviewing previous literature, this study analyzed the characteristics of investors, the online community, and YouTube, which is an investment environment factor. The study figured out the purpose of use and role of the community via interviews with cryptocurrency professional investors and online community members and analyzed main discussion themes of the five top-ranked YouTube channels related to cryptocurrency with the highest number of subscribers. The results suggested that cryptocurrency's investment was led by those who are in their 20s and 30s, the investors preferred and trusted information on new media than legacy media. The online community played the role of emotional homogeneity and empathy, and YouTube mainly performed the informational role. As a result of discourse analysis and interviews, this study argued that the legal stability of cryptocurrency's policy and protection of individual investors are needed. This study's significance indicates that it used various research methods such as literature research, interviews, content analysis of community/YouTube to analyze the informational role and emotional aspects of new media and suggested policy direction of the digital new deal blockchain technology and the fairness of financial industry.

A Study on the Alienation and Inheritance of the Right of Publicity (퍼블리시티권의 양도성과 상속성에 관한 연구)

  • Kwon, Sang-Ro
    • Proceedings of the Korea Contents Association Conference
    • /
    • 2009.05a
    • /
    • pp.532-536
    • /
    • 2009
  • Recently the entertainment and sports/advertisement industry have developed rapidly, and the name or identities of celebrities such as entertainers or athletics for the advertisement so that following troubles are occurred continually. Some celebrities actually started a suit for there right of publicity was violated, and won the case. Meanwhile, the right of publicity has become a growing issue in the society. In the States, the right of publicity which controls using one's identity for commercial use, and it is recognized as a right of property separated from the right of privacy. But in Germany, the right of publicity is protected as a human right. On the other hand, in Korea, there is an argument that the mental human right and the right of publicity which has property-characteristic are not separated clearly, and also the attitude of precedent toward the right of publicity is not unified. Especially in Korea, where it is taking the written laws principally, it is not easy to recognize the right of publicity which is a monopoly and exclusion without basis such as any actual laws such as regulation of agreement or any conventional laws. Therefore, as the right protection of celebrities is becoming the social state and there is an agreement with the constituents of the society, now Korea shall progress legislation about the right of publicity, and prepare a legal basis which regulates the remedies for the realization condition, alienation, inheritance, objectives, duration and violation of the right of publicity.

  • PDF

A Consideration of the Decision-Making Efficiency Concerning the Removal of Oil Spills by Foreign Ships in the EEZ (EEZ내 외국 침몰선박 잔존유 제거 의사결정 효율화 방안 고찰)

  • Na, Song-Jin
    • Journal of the Korean Society of Marine Environment & Safety
    • /
    • v.25 no.6
    • /
    • pp.698-707
    • /
    • 2019
  • The removal of oil spilled by the sinking of a foreign ship in Korea's Exclusive Economic Zone (EEZ) began in May 2019 four years after the ship sunk near Jeju Island. The cleanup was conducted by a foreign company that was contracted to the ship-owner's protection & indemnity (P&I) insurance company. In contrast to the time taken to begin the cleanup, the operation itself was completed in just 22days. Compared to similar cases, the decision to begin the removal was a delayed one. This study analyzes all 93 documents related to the ship's sinking and the eventual cleanup, confirming delays in administrative decision-making on the removal, and identifies factors that influenced this delay. These factors include a neglect of accident-related data verification, and other, legal, technical, environmental, and human aspects. Finally, this study suggests ways to improve decision-making efficiency. As the first study dealing with the cleanup in the EEZ, this research is expected to facilitate decision-making and influence the formulation of policies in the future.

A Study on Home Accidents of Preschool Children (from 1 to 6) in Korea and Prevention Measures (영유소아기 가정사고의 원인과 예방에 관한 연구)

  • 변수자
    • Journal of Korean Academy of Nursing
    • /
    • v.4 no.1
    • /
    • pp.107-120
    • /
    • 1974
  • Necessity and purpose of this study: In a large number of countries it has been founded that children′s domestic accidents are at great risk year by year In the United States, they publish detailed accident statistics at regular intervals. In Korea. there have been just a few studies on Accidents-At-Home of preschool children. But it can not be said that there have been any systematic statistics about this area. and any study accounting for the relations of home accidents and preschool: children in detail, Therefore, the purpose of this thesis was focused on the inquire of these relations so as to make a little contribution to Korean preschool children′s health and security measures. So, the detail-purposes are to study following questions and to testify following hypothesis. Prob. 1. What the types of accidents of Preschool children, where the place accidents occurred\ulcorner Prob. 2. What the cause of accidents and, the main factors of the cause\ulcorner Prob. 3. How about the number of their children. the disparity of age among their children and mother′s age in each case of accidents\ulcorner hypothesis 1. There will be differences in the density of protection of parents according to the number of their children. hypothesis 2, There will be differences in accident-types and first-aid methods according to parents socio-economic background. Method; This study employed the interviewing survey method, in which 130 preschool children ware random.sampled, who visit hospital to have medical care. These children (from 1 to 6 years olds) were selected at the emergency room of five hospitals in Seoul (Hosp: Severance, Woosok, Medical Center, Hanyang Medical College Hospital and Seoul Medical Col1age Hospital during study-period (from Aug. to Oct, 1973). Four head nurses in above Hospitals were employed as accident members for this study. Concerning research analysis, the method of hypothesis verifying is used. Conclusion: As two American experts on this subject. Dr, Raymond Neuter and Mr. Ross Mc Garland have drawn attention to "minor epidemics of accidents" that could be avoided by fairly simple measures. preschool children′s accidents could be avoided by parents fair attentions. In other words, one of the most common causes of preschool children′s accidents derived from their parent′s inattention. Therefore, one important task on this subject is to instruct the parents fairly about the children′s accidents. Many accidents could be avoided by the exorcist of a little self-discipline. Also, as much the prevention of accidents is important, as the first-aid Is Important and necessary at the case of the accidents. So, the methods of proper first-aid treatment must be emphasized, and must be taught in school, especially in girls school. And there could be other means available for prevention of accidents. Firstly, the public authorities can take legal measures. More stringent safety standards can be made enforceable by law. Building materials and equipment for domestic us: ought to meat minimum safety criteria at all times. Next the public itself has to understand the seriousness of the problem, and here the dissemination of information is of great importance. All mass media should be brought into play to promote greater public awareness of the question. At last, it will be needed to obtain more detailed epidemiological data through additional surveys and statistics after this study.

  • PDF

An Exploration on Personal Information Regulation Factors and Data Combination Factors Affecting Big Data Utilization (빅데이터 활용에 영향을 미치는 개인정보 규제요인과 데이터 결합요인의 탐색)

  • Kim, Sang-Gwang;Kim, Sun-Kyung
    • Journal of the Korea Institute of Information Security & Cryptology
    • /
    • v.30 no.2
    • /
    • pp.287-304
    • /
    • 2020
  • There have been a number of legal & policy studies on the affecting factors of big data utilization, but empirical research on the composition factors of personal information regulation or data combination, which acts as a constraint, has been hardly done due to the lack of relevant statistics. Therefore, this study empirically explores the priority of personal information regulation factors and data combination factors that influence big data utilization through Delphi Analysis. As a result of Delphi analysis, personal information regulation factors include in order of the introduction of pseudonymous information, evidence clarity of personal information de-identification, clarity of data combination regulation, clarity of personal information definition, ease of personal information consent, integration of personal information supervisory authority, consistency among personal information protection acts, adequacy punishment intensity in case of violation of law, and proper penalty level when comparing EU GDPR. Next, data combination factors were examined in order of de-identification of data combination, standardization of combined data, responsibility of data combination, type of data combination institute, data combination experience, and technical value of data combination. These findings provide implications for which policy tasks should be prioritized when designing personal information regulations and data combination policies to utilize big data.

A Study on the UCC Copyright which uses the Broadcasting Contents and the ODR(Online Dispute Resolution) through the Online Technical embodiment : Focusing on the CCl as the Conversational law Approach (방송콘텐츠를 이용한 UCC의 저작권 문제와 온라인 기술 구현을 통한 ODR(Online Dispute Resolution)의 가능성에 관한 연구 : Conversational Law 접근으로써 CCL을 중심으로)

  • Kim, Mi-Sun;Yu, Sae-Kyung
    • 한국HCI학회:학술대회논문집
    • /
    • 2008.02b
    • /
    • pp.558-564
    • /
    • 2008
  • The study aims to examine the UCC (User Created Contents) Copyright which use the broadcasting contents. UCC are classified by UGC(User Generated Contents), UMC(User Modified Contents), and URC(User Recreated Contents). Especially UMC and URC correspond to a problem of copyright. Following the Copyright Protection Center investigation in 2006, it reported that 83.7% UCC are infringement of copyright. In spite of remarkable the UCC copyright problem, the concrete resolution does not exist. Also it is difficult to apply the offline legal conformity because of online nature of the UCC. The study observes the UCC copyright dispute instances which use the broadcasting contents and investigates a resolution of the UCC copyright. Considering the online media nature, it tries to analyse CCL(Creative Common License) as the ODR(online Dispute Resolution). It is meaningful to search the possibility of UCC copyright problem through the online technical embodiment.

  • PDF

A Comparative Review of the Satellite Remote Sensing (위성원격탐사에 관한 비교법적 고찰)

  • Kim, Young-Ju
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.35 no.1
    • /
    • pp.203-319
    • /
    • 2020
  • The regulation of satellite remote sensing is generally included with the scope of statutes governing outer space activities. But not all states opted for dedicated satellite remote sensing regulation. The decision whether to do so depends in part on the specific capabilities of national satellite remote sensing programs. Five states that have dedicated statutes governing operations with remote sensing data are the United States, with its developed Landsat regime (the Land Remote Sensing Policy Act of 1992, LRSPA), Canada, with its Remote Sensing Systems Act, Germany, with its Satellite Data Securities Protection Act (SatDSiG), France, with its Law on Space Operations (LOS), Japan, with its Act on Ensuring Appropriate Handling of Satellite Remote Sensing Data. The major purpose of this article is to shed light on some legal issues surrounding remote sensing activities by comparative review. The paper analyzes international conventions or soft law and national law and policies relating to satellite remote sensing. It also offers some implications and suggestions for regulations of satellite remote sensing operations and satellite data.