• Ocean and Polar Research
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• v.29 no.2
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• pp.155-165
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• 2007

Recently, coastal erosion has become an important issue in relation to keeping territorial integrity of a nation as well as protecting the coastal marine ecosystem. This study examines some apprehensions about the effectiveness of the existing legal system concerning prevention of coastal erosion. After examining several case studies in Scotland, the USA, and the Netherlands, this study proposes appropriate revisional legal measures that can be applied in Korea: first, the coastal management act should be revised for stronger, enforceable and practical legal grounds emphasizing minimal coastal erosion; second, the proposed "Comprehensive Coastal Erosion Prevention Plan" should be established and implemented in four steps such as characterization of issues through surveys of stakeholders and demand assessment, plan establishment, execution, and maintenance and management; third, there is a demand to establish and implement a legal framework to support monitoring activities which provide important data and information to prevent coastal erosion; fourth, the chronic region of damage is designated as the "Vulnerable Area" to be protected and managed accordingly; fifth, the "Coastal Coordination council" is established and operated for developing an integrated coastal management policy and visions for sustainable coastal zone, as well as coordinating and intervention of any activities which may cause coastal erosion.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.17
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• pp.129-146
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• 2002

The electronic technology development have occurred in the face of existing legal barriers to legal efficacy of computer information goods, and the liberating promise of electronic transactions cannot fully realized unless there is predictability in the legal rules that govern such transactions. This study analyzes some theoretical fundamentals of the Act. First, it proposes that the Act clarify and set forth uniform legal principles applicable to computer information transactions. Secondly, it suggests that if the individual is risk averse, the acceptance set for electronic transactions will be a convex set, and that the application of the Act will make the acceptance set more expanded by lowering the probability of conflicts and by downsizing the risk averness. Thirdly, it also suggest that through the mothod of contingent commodities analysis, the application of the Act by means of its restricted regulations will give more expected utility than the absence of the Act. Fourthly, it derives some implications that the degree of legitimate restriction will be affected by the objective risk inherent to the electronic transactions, and the individual's subjective risk-averseness. Finally, it concludes that harmonization of restriction and protection of individual's rights in electronic transaction process will be a necessary condition for more efficient body of law from the law-economic perspectives.

• KSII Transactions on Internet and Information Systems (TIIS)
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• v.17 no.2
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• pp.591-608
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• 2023

With the emergence of advanced encryption technologies such as Quantum Cryptography and Full Disk Encryption, an era of strengthening information security has begun. Users respond positively to the advancement of privacy-enhancing technology, on the other hand, investigative agencies have difficulty unveiling the actual truth as they fail to decrypt devices. In particular, unlike past ciphers, encryption methods using biometric information such as fingerprints, iris, and faces have become common and have faced technical limitations in collecting digital evidence. Accordingly, normative solutions have emerged as a major issue. The United States enacted the CLOUD Act with the legal mechanism of 'Contempt of court' and in 2016, the United Kingdom substantiated the Compelled Decryption through the Investigatory Powers Act (IPA). However, it is difficult to enforce Compelled Decryption on individuals in Korea because Korean is highly sensitive to personal information. Therefore, in this paper, we sought a method of introducing a Compelled Decryption that does not contradict the people's legal sentiment through a perception survey of 95 people on the Compelled Decryption. We tried to compare and review the Budapest Convention with major overseas laws such as the United States and the United Kingdom, and to suggest a direction of legislation acceptable to the people in ways to minimize infringement of privacy. We hope that this study will be an effective legal response plan for law enforcement agencies that can normatively overcome the technical limitations of decoding.

• The Journal of the Korea Contents Association
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• v.9 no.12
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• pp.787-796
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• 2009

The electronic commerce keeps going through a tremendous growth since the latter half of 1990's. But the consumer damages are being increased from characteristics such as non-confrontation, anonymity, internationality, unilaterality and possibility of temptation. Accordingly, this thesis has derived legal and systematic improvements for consumer protection in general as follows. First of all, it is necessary to extend the period to exercise the subscription withdrawal rights according to electronic commerce consumer protection law. Second, the electronic commerce has high possibility of causing errors by consumers because it is performed by non-confrontation and the accurate information must be provided to prevent errors in advance because it is not easy for consumers to prove their own errors. Third, a certification mark system on electronic agreement has to be adopted. Fourth, the legal, systematic and technological measures have to be adopted to prevent from having a sense of fear toward leaking or using personal information through a safe personal information management. Fifth, a strict supervision on internet trust mark is required. Finally, because the intervention or interference by a third party may take place through a hacking on messages or documents sent according to procedure in terms of online settlement, it is necessary to raise security on the system through a precise authentication between concerned parties.

• Korean journal of communication and information
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• v.32
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• pp.333-367
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• 2006

This paper attempted to examine to what extent advertising as expression has been constitutionally protected through an analysis on the reputational-right-related legal cases. In order to make the understanding more clearly, this paper applied Van Alstyne's graphical depiction on how commercial speech is protected compared with other constitutional rights such as political speech, private expression, defamation, and obscene expression. Through the analysis, this paper found out that first, in the legal cases, there has been no consideration on whether the status of the plaintiff is public figure or private figure, whereas in the libel cases, Korean courts has made a distinction between public figure and private figure since 2002; second, when the case is concerned with corporations, the Korean courts do not give consideration on the status of corporation, while the status of corporation is a somewhat important factor in deciding the degree of responsibility in the U.S.; third, even though it is clear that advertising in Korea is being protected as expression, it is nebulous whether it is well balanced with other personal rights that are constitutionally protected. Conclusively, applying the Alstyne's graphical depiction on Korean advertising, it advertising as expression in Korea is being provided lower protection than defamation. To put it differently, like the case in the U.S., advertising, although it is allegedly protected as expression, does not yet enjoy full-fledged constitutional protection in Korean society. Rather, there must be some actions to be taken to enhance the degree of protection of advertising.

• Korean journal of communication and information
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• v.48
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• pp.5-24
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• 2009

This study is aimed to analyze the concept of media consumer and legal principles for consumer movements protection. Based on the concept and legal principles, this research is to review the characteristics of the advertisement boycott campaign. Article 124 of the Constitution prescribes that the state should guarantee the consumer protection movements. According to the Article 4 of the Framework Act on Consumer, consumers have the fundamental right to obtain proper compensation for damages sustained due to use of goods and etc. according to prompt and fair procedure. The type of boycott can be classified into two pattern on the basis of boycott's target or object. They are primary boycott and. secondary boycott. Consumer's boycott independent of primary or secondary, are under the protection of the consumer's right. Media consumers use scarce resources to satisfy their wants and needs to acquire news information and advertising information. Their resources are time and money. Therefore, ads boycott campaign or media boycott campaign is the primary boycott. Consumer's right should be guaranteed to the maximum. The Constitution and consumer protection law should protect the practice of consumer's right, especially consumer's boycott campaign.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.20 no.2
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• pp.492-497
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• 2019

This study analysed the legal concept of personal information(PI), which was not differentiated from behavioral information, and established it clearly for invigorating online targeted advertising(OTA), which draw attention in big data era; by selecting Guidelines of Assessment of Data Breach Incident Factors and Guidelines of Measures for No-Identifying Personal Information based on Personal Information Protection Act(PIPA) and Enforcement Decree of the PIPA. As a result, PI was defined as any kind of information relating to (1)a living individual(not group, corporate body or things etc.); (2)makes possibly identify the individual by his or her identifiers such as name, resident registration number, image, etc. (not included if not identify the individual); and (3)including information like attribute values which makes possibly identify any specific individual, if not by itself, but combined with other information which can be actually collected and combined). Specifically, PI includes basic, proper distinguishable, sensitive and other PI. It is suggested that PI concept should be researched continually with digital technology development; the effectiveness of the Guidelines of PI Protection in OTA, the legal principles of PI protection from not only users' but business operators' perspectives and the differentiation between PI and behavioral information in OTA should be researched.

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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• v.6 no.7
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• pp.17-26
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• 2016

Information spill was occurred several times in the country due to the negligence of the large internet service providers including SK Communications, Auction, KT. In order to judge the Internet Service Provider(ISP)'s liability in individual data spill caused by hacking, the violation of existing legislation or general principle of law's good faith principle has to be examined. However, based on current ISP's good faith principle, there is no objective standard for judging liability. Such uncertain range of protection action duty based on good faith principle generates complaint toward companies, therefore presentation of objective judgement range index on how to determine this range is needed. However due to the legal characteristic of above-mentioned law, it is not possible to fix the range of protection action duty and regulate it on law. In order to resolve this, rather than concerning simply on legal system level, fusion approach method is needed. Thus, this research will discuss the measure for objective standard for predicting ISP's range of protection action duty through fusion view dividing in technical, legal and administrative aspects.

• Informatization Policy
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• v.28 no.1
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• pp.3-21
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• 2021

Klaus Schwab's discussion on the Fourth Industrial Revolution provides a framework for predicting the direction of legal technology development. Technological convergence, which has emerged as the core concept of the Fourth Industrial Revolution has a significant effect on legal technology. In particular, various new technologies, such as legal chatbots and platforms, are being introduced to enhance efficiency and accessibility in the legal field. However, legal technology is still in its early stage, with institutional improvement needed to vitalize the industry. In this paper, we first specify the concept and classification of legal technology in Chapter 2, followed by trends and limitations in Chapter 3 and ways of vitalizing legal technology in the future in Chapter 4. To invigorate legal technology development, it is necessary to put in place legal regulatory measures that stipulate the active disclosure of legal data, such as precedents, and make free use of such measures. In the law, many issues, such as the safety of artificial intelligence, personal information protection, and ethical standards, will be discussed in the future. Therefore, via this paper, we hope to promote the formation of social consensus and prepare countermeasures, such as legislative measures.

• Journal of the Korean Society of Hazard Mitigation
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• v.6 no.4 s.23
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• pp.21-28
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• 2006

This research analyzed the operational status of fire protection system managers who execute self inspection of the fire equipment in the specific fire protection facilities and presented the improvement scheme. Being made up inquiry for job environment, institutional environment, and operational environment for the subject of fire protection system managers who execute self inspection to complement the fire equipment inspection by city public fire protection service, the issues of the operational status of the institution of fire protection system managers were positively understood. The research result showed the conflict among building owner, fire equipment inspector, and fire protection system manager was existed due to the legal and institutional inertia to the self inspection, so it is judged that mutual complementary and cooperative relation should be established.