• Title/Summary/Keyword: protection rights

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Employment Protection Legislation Concerning Service Provision Change in Great Britain (노무용역 공급업체의 변동에 관련된 영국의 고용보호 법제)

  • Cho, Kyung-Bae
    • Journal of Legislation Research
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    • no.44
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    • pp.655-688
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    • 2013
  • Most of all the transfer of undertakings in such a service provision business as labour-intensive operation creates uncertainty of employment, aggravates terms of employment and breaks a trade union. However there are no regulations in Korea to protect employees from these undesirable situations. On the other hand Great Britain has introduced the concept of a transfer of undertakings by service provision change in 2006. It was intended to remove or at least alleviate the uncertainties and difficulties created by the need under TUPE 1981 and EU Directive to establish a transfer of a stable economic identity which retained its identity in the hands of the alleged transferee. In contrast to the words used to define transfer in the 1981 Regulations 'service provision change' is a wholly new statutory concept and distinguished from the economic entity. The new provisions seems to be straightforwards and the circumstances in which service provision change is established are clearly set out in Regulations. In this context there is no need for a judicially prescribed multi-factorial approach, as advanced by European Court of Justice like Spijkers test. The new concept of service provision change apply even though there are some minor difference or differences between the nature of the tasks carried on after service provision change as compared with before it. A commonsense and pragmatic approach is required and It is enough only to ask whether the activities carried on by the alleged transferee are fundamentally or essentially the same as those carried out by the alleged transfer. TUPE 2006 of Great Britain far exceeding the scope of the Acquired Rights Directive is full of suggestions as a model of legislation to secure a stable employment itself and favorable and fair conditions of employment. More active efforts are needed for lawmaking to prohibit a dismissal and vary conditions of employment for the reason of the transfer of undertakings itself.

A Study on the Privacy Awareness through Bigdata Analysis (빅데이터 분석을 통한 프라이버시 인식에 관한 연구)

  • Lee, Song-Yi;Kim, Sung-Won;Lee, Hwan-Soo
    • Journal of Digital Convergence
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    • v.17 no.10
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    • pp.49-58
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    • 2019
  • In the era of the 4th industrial revolution, the development of information technology brought various benefits, but it also increased social interest in privacy issues. As the possibility of personal privacy violation by big data increases, academic discussion about privacy management has begun to be active. While the traditional view of privacy has been defined at various levels as the basic human rights, most of the recent research trends are mainly concerned only with the information privacy of online privacy protection. This limited discussion can distort the theoretical concept and the actual perception, making the academic and social consensus of the concept of privacy more difficult. In this study, we analyze the privacy concept that is exposed on the internet based on 12,000 news data of the portal site for the past one year and compare the difference between the theoretical concept and the socially accepted concept. This empirical approach is expected to provide an understanding of the changing concept of privacy and a research direction for the conceptualization of privacy for current situations.

Development of Evaluation Index and Multi-layer Evaluation System for Quality Management of Elderly Long-term Care Institution (노인장기요양기관(시설급여) 평가의 품질관리를 위한 평가지표 개발 및 다층평가시스템 방안)

  • Lee, Sang-Jin;Kim, Yun-Jeong
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.9 no.11
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    • pp.1015-1026
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    • 2019
  • The purpose of this study is to develop evaluation indexes for improving the quality of long-term care institutions (facility salary) evaluation in the sense that the applicability and effectiveness of previous studies related to the development of evaluation indexes for long-term care facilities for elderly are insufficient. There was this. To this end, an analytical review of the 2018 long-term care institution (accommodation benefit) evaluation index, an analysis of Japan's elderly long-term care home evaluation index, and the elderly long-term care facility workers in Korea and the special care home for the elderly in Japan FGI on evaluation indicators and evaluation system was conducted. Based on the results of the research, evaluation indicators were developed in terms of supporting users to receive high quality services. The characteristics of the elderly, that is, the characteristics of elderly diseases that are difficult to maintain and improve, the direction and transparency of institutional operation, and the need for terminal care were reflected. Forty-three evaluation indicators were presented, covering institutional operations, environment and safety, beneficiary rights protection, payroll process, and payroll results. In addition, we proposed a four-step multi-level evaluation system that can improve the efficiency of the evaluation process by improving the redundant and unnecessary evaluation process.

A Study on the Problems and Improvement of the Safety Management Law of Nuclear Facilities -Focused on Safety Management of Aquatic Products- (원자력시설 안전관리 법제의 문제점과 개선방안 연구 -수산물의 안전관리를 중심으로-)

  • Lee, Woo-Do
    • The Journal of Fisheries Business Administration
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    • v.50 no.2
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    • pp.23-40
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    • 2019
  • The main purpose of this study is to analyze and examine the problems of the law systems of the safety and maintenance of nuclear facilities and to propose the improvements with respect to the related problems especialy focused on safety management of aquatic products. Therefore, the results of the paper would be helpful to build an effective management law system of safety and maintenance of nuclear facilities and fisheries products. The research methods are longitudinal and horizontal studies. This study compares domestic policies with foreign policies of nuclear plants and aquatic products. Using the above methods, examining the current system of nuclear-related laws and regulations, we have found that there exist 13 Acts including "Nuclear Safety Act", etc. Safety laws related on nuclear facilities have seven Acts including "Nuclear Safety Act", "the Act on Physical Protection and Radiological Emergency", "Radioactive waste control Act", "Act on Protective Action Guidelines against Radiation in the Natural Environment", "Special Act on Assistance to the locations of facilities for disposal low and intermediate level radioactive waste", "Korea Institute of Nuclear Safety Act". "Act on Establishment and Operation of the Nuclear Safety and Security Commission". The seven laws are composed of 119 legislations. They have 112 lower statute of eight Presidential Decrees, six Primeministrial Decrees and Ministrial Decrees, 92 administrative rules (orders), 6 legislations of local self-government aself-governing body. The concluded proposals of this paper are as follows. Firstly, we propose that the relationship between the special law and general law should be re-established. Secondly, the terms with respect to law system of safety and maintenance of nuclear plants should be redefined and specified. Thirdly, it is advisable to re-examine and re-establish the Law System for Safety and Maintenance of Nuclear Facilities. and environmental rights like the French Nuclear Safety Legislation. Lastly, inadequate legislation on the aquatic pollution damage should be re-established. It is necessary to ensure sufficient transparency as well as environmental considerations in the policy decisions of the Korean government and legislation of the National Assembly. It is necessary to further study the possibilities of accepting the implications of the French legal system as a legal system in Korea. In conclusion, the safety management of nuclear facilities is not only focused on the secondary industry and the tertiary industry centering on power generation and supply, but also on the primary industry, which is the food of the people. It is necessary to prevent damage to be foreseen. Therefore, it is judged that there should be no harm to the people caused by contaminated marine products even if the "Food Safety Law for Prevention of Radiation Pollution Damage" is enacted.

CYBERCRIME AS A THREAT TO UKRAINE'S NATIONAL SECURITY

  • Varenia, Nataliia;Avdoshyn, Ihor;Strelbytska, Lilia;Strelbytskyy, Mykola;Palchyk, Maksym
    • International Journal of Computer Science & Network Security
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    • v.21 no.5
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    • pp.73-83
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    • 2021
  • The information space, the main components of which are information resources, means of information interaction, and information infrastructure, is a sphere of modern social life in which information communications play a leading role. The objective process is the gradual but stable entry of the national information space into the European and world information sphere, in the context of which there is a legitimate question of its protection as one of the components of the national security of Ukraine. However, the implementation of this issue in practice immediately faces the need to respect the rights and fundamental freedoms guaranteed by international regulations and the Constitution of Ukraine, especially in the field of cybersecurity. The peculiarity of the modern economy is related to its informational nature, which affects the sharp increase in cyber incidents in the field of information security, which is widespread and threatening and affects a wide range of private, corporate, and public interests. The problem of forming an effective information security system is exacerbated by the spread of cybercrime as a leading threat to information security both in Ukraine and around the world. The purpose of this study is to analyze the state of cybersecurity and on this basis to identify new areas of the fight against cybercrime in Ukraine. Methods: the study is based on an extensive regulatory framework, which primarily consists of regulatory acts of Ukraine. The main methods were inductions and deductions, generalizations, statistical, comparative, and system-structural analysis, grouping, descriptive statistics, interstate comparisons, and graphical methods. Results. It is noted that a very important component of Ukraine's national security is the concept of "information terrorism", which includes cyberterrorism and media terrorism that will require its introduction into the law. An assessment of the state of cybersecurity in Ukraine is given. Based on the trend analysis, further growth of cybercrimes was predicted, and ABC analysis showed the existence of problems in the field of security of payment systems. Insufficient accounting of cybercrime and the absence in the current legislation of all relevant components of cybersecurity does not allow the definition of a holistic system of counteraction. Therefore, the proposed new legal norms in the field of information security take into account modern research in the field of promising areas of information technology development and the latest algorithms for creating media content.

Monitoring of Microbial Contamination and Caffeine Content of Cold Brew Coffee (유통 판매중인 콜드브루커피의 미생물 오염도 및 카페인함량 모니터링)

  • Kwon, Sung Hee;Kim, Kyung-Seon;Lee, Bo Min;Han, Young Sun;Heo, Myong-Je;Kwon, Mun-Ju;Om, Ae-Son
    • Journal of Food Hygiene and Safety
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    • v.36 no.4
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    • pp.342-346
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    • 2021
  • Cold brew coffee extracted from cold water for a long time has drawn public concern over hygiene. This study was carried out to investigate the microbiological contamination levels and caffeine contents in cold brew coffee. A total of 75 cold brew coffees were purchased from offline and online sources. As a result, the average number of bacteria in samples purchased online was 1.14 log CFU/mL (0-6.57 log CFU/mL), while bacteria were not detected in samples purchased offline. Therefore, stricter surveys are required to avoid the food contamination. However, Esherichia coli and nine types of foodborne pathogens were not detected in all samples. The average caffeine content of the samples was 1.6 mg/mL (384 mg/240 mL), so the caffeine almost reached to acceptable daily intake levels (400 mg for adults). However, ten products did not provide any precautions for consumer safety, so improvement of the system is needed. This monitoring data can contribute to the protection of consumer rights and improvement in the safety of cold brew coffee.

Legal Problems and Improvement Measures Concerning the Monopoly of Housing Construction Sales Guarantee Business by Housing and Urban Guarantee Corporation (주택도시보증공사의 주택건설 분양보증업무 독점에 관한 법적문제점과 개선방안)

  • Jo, I-Un
    • The Journal of the Korea Contents Association
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    • v.21 no.2
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    • pp.78-84
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    • 2021
  • Issues have arisen over the monopoly of housing sales guarantees by the Housing and Urban Guarantee Corporation. If the Ministry of Land, Infrastructure and Transport appoints an additional guarantee institution, there is concern that the property protection between the two parties is insufficient due to excessive competition and the weakening of urban regeneration resources. It argues that housing supply policies for stabilization of the housing market can be smoothly implemented through monopoly projects. This is judged to be an abuse of market dominant position under the Fair Trade Act, and excessive restrictions on pre-sale guarantee requirements may cause delays in business and infringement of property rights of members. First, the establishment of a designation system for market dominant operators of the Fair Trade Commission enables new entry of private guarantee institutions. Second, it is necessary to improve regulations under Article 63 of the Fair Trade Act (consultation on the establishment of laws restricting competition, etc.). Third, through the establishment of the 「Rules on Housing Supply」 under Article 15 (2), the Minister of Land, Infrastructure and Transport can additionally designate a guarantee institution, thereby guaranteeing the right to select a pre-sale guarantee for the business entity. In addition, it is expected that at least one of a number of guarantee insurance companies can be designated to improve the efficiency of the distribution of social benefits, thereby lowering the volatility of housing prices. Listen and suggest.

Extending the OMA DRM Framework for Supporting an Active Content (능동형 콘텐츠 지원을 위한 OMA DRM 프레임워크의 확장)

  • Kim, Hoo-Jong;Jung, Eun-Su;Lim, Jae-Bong
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.16 no.5
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    • pp.93-106
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    • 2006
  • With the rapid growth of the wireless Internet communication, a new generation of mobile devices have made possible the broad distribution of mobile digital contents, such as image, music, video, games and applications over the wireless Internet. Mobile devices are rapidly becoming the major means to extend communication channels without copy Protection, usage rule controlling and authentication. As a result, mobile digital contents may be illegally altered, copied and distributed among unauthorized mobile devices. In this paper, we take a look at Open Mobile Alliance (OMA) DRM v2.0 in general, its purpose and function. The OMA is uniquely the focal point for development of an open standard for mobile DRM. Next we introduces features for an active content and illustrates the difference between an active content and an inactive content. Enabling fast rendering of an active content, we propose an OMA-based DRM framework. This framework include the following: 1) Extending DCF Header for supporting an selective encryption, 2) Content encryption key management, 3) Rendering API for an active content. Experimental results show that the proposed framework is able to render an active content fast enough to satisfy Quality of Experience. %is framework has been proposed for a mobile device environment, but it is also applicable to other devices, such as portable media players, set-top boxes, or personal computer.

Identification of Pleurotus ostreatus cultivars with the application of multiplex-simple sequence repeat markers (Multiplex SSR마커를 이용한 느타리(Pleurotus ostreatus) 품종 판별)

  • Choi, Jong In;Jung, Hwa Jin;Na, Kyeong sook;Oh, Min-Ji;Kim, Min-Keun;Ryu, Jae-San
    • Journal of Mushroom
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    • v.19 no.1
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    • pp.76-80
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    • 2021
  • To develop a method for the differentiation of Pleurotus ostratus cultivars, the multiplex-simple sequence repeat (SSR) primer set based on the SSRs obtained from whole genomic DNA sequence analysis was designed with two polymerase chain reaction (PCR) primer sets. These SSR primer sets were employed to distinguish 10 cultivars and strains. Twenty polymorphic markers were selected based on the genotyping results. PCR with each primer produced 1-4 distinct bands ranging in size from 150 to 350 bp, which was within the expected range. However, since a sole SSR marker was unable to detect polymorphisms in every cultivar, multiplex PCRs with composite PCR primer sets were employed. The multiplex primer, "166+115," completely discriminated 12 cultivars and strains with 40 loci, which were 12 more than the simple arithmetic addition of each locus of the primers 115 and 166. These results might be useful to provide an efficient method for the differentiation of P. ostreatus cultivars with separate PCRs for the quality control of spawn and protection of breeders' rights.

A Study on Legal Issues of Data Portability and the Direction of Legislative Policy (개인정보 이동권의 법적 이슈와 입법 정책 방향)

  • Yi, Chang-Beom
    • Informatization Policy
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    • v.28 no.4
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    • pp.54-75
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    • 2021
  • The right to data portability needs to be introduced to strengthen the self-control of data subjects and promote personal data use. However, the right to data portability constitutes a high risk of invasion of privacy of data subjects and may infringe on the property rights of data controllers, so careful and thorough design is warranted. The right to data portability can intensify the concentration and monopoly of personal data, result in problems of overseas transfer of personal data held by public institutions, and enrich only the profits of giant platforms by burdening the data subject with high transfer cost. By contrast, SMEs are more likely to endure a personal data deprivation. From the proposed amendment to the Personal Data Protection Act are raised various legal issues such as. i) Whether to include inferred/derived data, personal data held by public institutions, activity data, sensitive data, and personal data of third parties within the scope of data portability; ii) whether SMEs are included in the data porting organization; iii) whether to exclude SMEs or large platforms from the scope of the data receiving organization; iv) Whether to allow the right to transmit to other data controllers, v) Whether to allow the overseas transfer of personal data held by public institutions, vi) How to safely exercise the right to data portability, vii) the scope of responsibility and immunity of a data porting organization, etc. The purpose of this paper is to propose the direction for legislative action based on various legal issues related to data portability.