Legal Theory & Practice Review 2021 KCI Impact Factor : 0.87

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2022, Vol.10, No.2

  • 1.

    A study on the Exception to the Prohibition of Circumvention of Technical Protection Measures - Text and Data Mining for Academic Research and Education -

    Kang, Gibong | 2022, 10(2) | pp.9~44 | number of Cited : 0
    Text and data mining can derive meaningful results by analyzing data, but there are problems with copyright infringement and the circumvention of technical protection measures because the materials that must be used in the process include copyrighted works. Accordingly, in the U.S. rulemaking results for October 2021, an exception was newly added for “text and data mining for academic research and education.” Also, in Korea, a related provision is included in All amendments to the Copyright Act proposed by National Assembly member Do Jong-hwan in 2021 and is pending in the National Assembly. The U.S. provisions to allow the circumvention of technical protection measures are defined in a narrow scope by significantly restricting the subject or substantive scope by referring to European and other legislative examples. On the other hand, the restriction on author's copyright in the revised bill in Korea is stipulated in a fairly wide range as in Japan. Since technical protection measures are intended to effectively protect copyrights for digitized materials, the interests of users of works and copyright holders may be in sharp conflict. However, it is highly effective in the public interest to circumvent technical protection measures applied to literary works and visual works for academic research or education under certain conditions. Nevertheless, even if the copyright is restricted, the essential rights of copyright holders should not be infringed. While there are no explicit provisions or related precedents in the U.S. rulemaking process, various opinions, overseas legislative cases, and the impact on the relevant market along with the application of Article 107 of the Copyright Act were considered. So, the permissible scope of the regulation by the U.S. rulemaking is limited. Therefore, rather than accepting the U.S. exception as it is, an appropriate exception should be prepared in consideration of the legislative provision and the current situation of our industry.
  • 2.

    A Study on Establishing Metaverse Welfare Platform In Response to the COVID-19 Pandemic –focusing on Creating Intellectual Property Rights-

    Hwang Jung Hoon | 2022, 10(2) | pp.45~84 | number of Cited : 0
    Abstract PDF
    As social distancing is strengthened due to the COVID-19 pandemic, it is necessary to consider establishing a non-face-to-face Metaverse Welfare Platform in earnest. Equity issues have also been raised in addition to the efficiency of disaster support payments by deepening income imbalances due to the prolonged COVID-19 pandemic and limiting the 5th disaster support payment to the bottom 80% of health insurance premiums. Regarding the economic crisis caused by the prolonged COVID-19 pandemic, emergency disaster support funds are only a stopgap measure in response to the economic recession caused by COVID-19, and in the long run, productive welfare policies are the only countermeasures to guarantee the minimum livelihood of the socially vulnerable. In order to achieve the social goal of quarantine in relation to COVID-19 Pandemic, a Pandemic Clinic. As a way to solve these problems, it is necessary to find a way to resolve relative poverty that considers the diversity of values pursued by members of society in the public service sector such as medical, education, childcare, and public rental housing. Copyright, trademark rights, design rights, and property rights of items may be problematic in relation to the Metaverse welfare platform. In relation to the increase in social influence due to the activation of metaverse, the Metaverse Industry Promotion Act proposed from an institutional perspective was reviewed. The Metaverse Welfare Platform aims to connect and share institutions and individuals by discovering, accumulating information, knowledge, and resources related to social welfare, connecting social members, and spreading shared value through it.
  • 3.

    The scope and expansion of nurse’s work in the United States and its implications

    Song, Myeong-Hwan | 2022, 10(2) | pp.87~120 | number of Cited : 0
    In Korea, even the enactment law on nursing has not yet been enacted, but it is simply surprising that the field of nursing work is expanding in advanced countries. This paper describes the structure of nurses in the United States and the expansion of their work. There is a big difference between the US and Korea in terms of insurance system, medical treatment fee system, number of medical workers, doctor's income, nationality, etc. Therefore, it is impossible for the US nursing system to be introduced into Korea as it is. In any case, it is meaningful to consider the current state of the nursing profession in the United States. As if reflecting the pluralism of American society, a wide and thick system of nursing professions has been established to provide medical services in various types of American society. In particular, nurses with advanced qualifications called Advanced Practice Registered Nurses are active. In the first half of this article, an overview of the nursing profession in the United States is presented with a focus on Registered Nurses. And in the second half, we discuss the central theme of this time, the issue of business expansion. Here, recent trends such as COVID-19, which have greatly helped expand the work of not only nursing, but also medical professions other than doctors, and the recommendations of the Federal Trade Commission are also mentioned. Finally, I will present implications for Korea.
  • 4.

    A New Challenges for Personal Information and Privacy in the AI/IoT Era

    Lee Sang hoon | 2022, 10(2) | pp.121~164 | number of Cited : 0
    AI and IoT are having an impact the world has never experienced before. It raises new issues of privacy and privacy. Among the AI ​​principles laid out so far, it is customary to advocate privacy protection. So how do you actually protect it? The issues of privacy and personal information protection have been greatly discussed in relation to advances in information and communication technology (ICT) and the like. The necessity has also been recognized in the Personal Information Protection Act in Korea. As it has been so far, in the information society communicated on a global scale, the need to review privacy and personal information protection issues is realizing. Accordingly, discussion at the ‘International Conference of Data Protection and Privacy Commissioners (ICDPPC)’, which is composed of Data Protection Authority (DPA) of major countries that are routinely working on privacy and personal information protection I came to think that it is practical, and the significance of referencing it is very great. Korea’s Personal Information Protection Commission has not yet been recognized as a member of the ICDPPC. In 2017, the Resolution on data protection in automated and connected vehicles, a specific example of IoT, was adopted at this conference. Also in 2018, the Declaration on Ethics and Data Protection in Artificial Intelligence was adopted at the conference. In Korea, as well as any existing research, it is understood that there is not much experience in providing advice, advice, or commentary on international documents at the level of the Personal Information Protection Committee. In particular, for the latter, a permanent AI working group must be installed and inputted. To do so, I think that understanding the facts as in this paper is the first priority.
  • 5.

    A Current Status of Carbon Emission Trading and Private Corporate Tasks

    최용근 | 2022, 10(2) | pp.165~185 | number of Cited : 0
    A direct regulation or economic means have been considered as environmental policies for global warming, but notable policies are the environmental tax (or carbon tax) and the emission trading system. In the case of the introduction of an environmental tax, the condition that the tax rate should be at least equal to the market price of emission permits is necessary. Also, regarding emission permit trading, the incentive effect differs depending on whether the initial distribution is free or auctioned. Emission allowance trading by auction, which is more economically burdensome for companies, increases the incentive effect for technological innovation to reduce emissions. The purpose of this study is to overview the current state of the emission trading system and trading market, to reveal the characteristics of each system in Europe and America and Japan, and to draw the trend, and to address the issues related to the company's system operation from a managerial and accounting point of view. Institutional design for carbon credit trading is expected to lead to a certain direction of convergence, mainly in Europe, where the cap & trade method based on paid distribution by auction becomes mainstream. An important task for companies today is to recognize and measure the cost of greenhouse gas (GHG) emissions as an activity unit for each function based on the value chain, and through this, emission reduction becomes possible by activity unit. In order to achieve this task, it will be useful to accurately identify the emission and its cost by the management accounting approach proposed in this study as a premise for system operation.
  • 6.

    The Evolution of Learning in the Digital Age and the Challenges of Educational Engineering focusing on the Future of Education and Human Resources led by Smart Learning

    Jongho Kim | 2022, 10(2) | pp.187~238 | number of Cited : 0
    Now we are entering a period of great social transformation like never before. Humankind has developed society through dramatic changes in the means of production and social structure, from hunting society to agricultural society to industrial society to the modern information society. And now, as the next big change, we have entered the era of the 6th industrial revolution artificial intelligence. In the era of the 6th industrial revolution, advanced technologies such as artificial intelligence (AI), big data, Internet of Things (IoT), and robotics have been advanced and introduced into all industries and social life, so the basic direction of society itself can be said to be ‘discontinuous.’ It suggests a dramatic change. This change is also called a “super smart society,” and with the advent of this technological revolution, new services and businesses will make our lives dramatically more convenient and comfortable. But on the other hand, there are also many voices of vague anxiety in the face of such a sudden change that mankind has never experienced before. What are our strengths as a human being? How should I respond to learning and work? This essential question is being presented to us again. What is needed now is not to openly create anxiety, but to take a concrete look at what era is coming and to think about what methods can be used now. Transformation of education by technological innovation should more reliably guarantee equal opportunity for learning and quality assurance of education, which Korea’s education has emphasized so far. Only then will the necessity of education be convincing and education should function effectively in our society. With this awareness of the problem, the discussion was conducted while looking at the broad fields of society about what kind of abilities are needed for members of the national community to realize smart learning and what kind of talents are needed to create and lead society. Although the discussion in this paper does not necessarily converge to one in many fields, smart learning and the talents and learning required in the era of the 6th industrial revolution to use as a material for thinking together about future education policies in the education field and industry as well as society as a whole The basic direction of Based on the discussion here, a discussion was promoted on specific policies to be taken as an education policy.
  • 7.

    A study on the electronic surveillance system in the United States

    Lee Keon Su | 2022, 10(2) | pp.239~269 | number of Cited : 0
    This paper introduces various systems and practices related to location information verification as a method of electronic surveillance of criminals in the United States. The United States is the first country in the world to introduce remote monitoring (collectively called ‘Electronic Monitoring’) using various telecommunication technologies to manage criminal location information, etc., and its operation performance is also the largest in the world. As is well known, the United States adopts a federal system, and the legal system or system differs greatly depending on each jurisdiction, so there are various differences in the use of the technology in each jurisdiction. For this reason, it is not easy to grasp and describe the overall image. Therefore, in this paper, after an overview of the history and current status of the location information verification system in the United States, it introduces representative state-related practices at the state level with a large implementation scale and a long history of implementation along with federal practices, and discusses issues in related precedents. In addition, various reports have been made on the use of electronic surveillance systems and technologies in the United States, and useful explanations are provided on the response to sex offenders in the United States. The United States is a federal state composed of 50 states, the District of Columbia (Washington D.C.) and federal territories (Guam, Puerto Rico, etc.). Political powers are exercised in the Federation by the President and Cabinet of the United States, and by the Governors and State Governments respectively. Each state has a high degree of autonomy and has its own legal system, including the state constitution. Federal legislative bodies may make federal laws that have effect throughout the state, but are limited to those areas recognized as federal powers by the United States Constitution. In a very broad sense, the criminal justice system of the United States is governed by federal laws and regulations for all matters in the United States, and state laws for matters within each state. Most criminal cases are prosecuted within the state under each state’s laws, but in principle, federal law applies to certain cross-subject offenses (e.g., drug smuggling) or crimes in Native American reserves. Regarding the operation of the criminal justice system, the complexity unique to the United States is recognized for the overall criminal justice process. The correctional protection system is also operated by an independent federal and state organization, so various departments within the state are in charge of the treatment of pending defendants and convicted criminals. In terms of treatment in facilities, the first system operated by the military or city, in principle, is in charge of treatment of inmates with imprisonment for less than one year due to pending detention and misdemeanors, and the main prison is in charge of treatment of prisoners with imprisonment for more than one year. In addition, in the Federation, correctional facilities under the jurisdiction of the Federation exist independently. Similarly, in terms of treatment in society, the federal and state are treated independently. Based on such basic information, the due process of the electronic surveillance system under the federal constitution was discussed.
  • 8.

    A study on improvement measures according to problems related to lien in real estate auction. - With the execution court, prospective buyers, and lien holders at the center -

    Cho, Jae Jin , Kim, Sang-Jin | 2022, 10(2) | pp.271~302 | number of Cited : 0
    In real estate auctions, a problem arises according to the requirements for the establishment of a lien. It is difficult to fully protect bonds due to the instability of occupation, which is the core of lien rights. Occupation in lien is a prerequisite for establishment and at the same time as a condition of existence, the creditor must maintain possession through direct or indirect possession until the repayment of the claim. This is a blind spot in claiming a lien, and it is difficult to sustain it, and the issue of false lien arises when the form of possession itself is disclosed as a method of disclosure. Currently, the process of examining the physical information of an auction item through a current situation investigation in the court is only a simple confirmation procedure. The indication of confirmation of whether a lien is established is seen as an avoidance phenomenon due to uncertainty in real estate auctions. This phenomenon of avoidance of lien lies in the adoption of the buyer's takeover principle by refusal of delivery, which is a strong effect for securing the bond of the lien. In a real estate auction, the right to be taken over by the buyer. If the establishment of a lien is clearly established, the purchaser will also plan a bid in consideration of the amount of collateralized receivables, thereby preventing damage due to underwritingism. In other words, making possession as a condition for establishment and existence causes instability of liens, and these blind spots lead to delays in auctions due to false liens, delays in lawsuits, reckless false lien claims, decline in sale price, and uncertainty in securing bonds. If the precedent for the absence of a lien is confirmed with a false lien, in most cases the lien is denied on the basis of the inadequacy of the conditions for the establishment of the lien. A false lien claim in the form of good or bad if you file a lawsuit and win has a fatal side effect on a sound real estate auction. These are the case of maliciously blocking the sale due to the auction by claiming the lien unconditionally regardless of the facts, and the case of obstructing the auction by claiming excessive collateral claims. By reorganizing the true purpose of the lien by fundamentally solving the problem of derivation of the lien and preventing the infringement of other bonds set in the auction due to the false lien, those involved in the real estate auction must provide clear information about the lien and whether it is established or not. There is an urgent need to establish a standard that can be grasped. Therefore, this study analyzes the lien issue that occurs in real estate auctions and provides a powerful means to display factual information externally by clarifying the establishment of lien, thereby blocking problems arising from the standpoint of the enforcement court, purchaser, and lien holder. We intend to present an improvement plan for the eradication of false liens while promoting practical benefits.
  • 9.

    A Blockchain Technology Utilization, Development Direction, and Tasks in Insurance Business Arena

    Joon Mo Kang | 2022, 10(2) | pp.303~326 | number of Cited : 0
    Blockchain is widely recognized among insurance companies as one of the powerful advanced technologies that can transform the insurance business. Compared to existing systems, blockchain has an advantage in that it is difficult to manipulate data and is resistant to system failures. It is also characterized by being able to implement smart contracts. A variety of platforms are used for different purposes. Domestic and foreign insurance companies are reviewing for practical use. For example, there are international consortium B3i, AIG's multinational insurance, and efforts to build a marine insurance platform in which multiple stakeholders participate. The development of aviation insurance that automatically pays insurance in case of flight delay is also active. In some cases, there are cases in which history information managed by a third party is used for damage assessment or on-demand insurance. What is the starting point for the use of blockchain in the insurance field? The blockchain application (implementation) cases so far can be summarized in the following three cases. 1. Scope of participants: ① Within insurance companies, ② Between insurance companies, ③ Between insurance companies and vendors (ecosystem), 2. Benefits: ① Distributed ledger, ② Distributed ledger and smart contract, 3. Innovation : ① non-disrupt, ② disrupt, etc. In the future, there is room for development into P2P insurance, parametric insurance, and micro insurance. As blockchain is an immature technology, various challenges are being pointed out, such as securing confidentiality, responding to mass transactions and processing delays, problems with the reliability of external data sources, and insufficiency of the smart contract itself. In the case of data leakage in an ecosystem type, there is a possibility that a new issue of responsibility or jurisdiction may arise. It is said that a lot of time and investment is required to put it into practical use in the insurance business. We look forward to the advancement of technology in the future, and at the same time expect that the introduction of technology will be actively promoted in areas with high feasibility.
  • 10.

    A Study on the improvement plan for fire safety index - Focusing on Seocheon-County, Chungcheongnam-Do -

    Chae Jin | 2022, 10(2) | pp.329~349 | number of Cited : 0
    The government established a regional safety inspection system in 2014 by integrating statistical information related to disaster and safety, which had been managed dispersively by each institution. Also, a regional safety index was developed that can diagnose and compare the safety level of local governments by using key indicators among the statistics collected by each institution. Previous studies on the safety index have been actively conducted, but there are few studies on the fire safety index. Through a study on the fire safety index, it is necessary to prevent fires in local communities and reduce the damage caused by fire. Therefore, the purpose of this study is to explore the theoretical background of the regional safety index and fire safety index, and to present a plan to improve the fire safety index of S-gun based on the analysis of fire occurrence status in S-gun over the past 5 years. First, it is necessary to install a single alarm detector for residential firefighting facilities that can issue a warning against fire. Secondly, in order to prevent careless fires, fire prevention education is needed for local residents. Thirdly, for active promotion activities for fire prevention, promotional activities for fire prevention such as visiting volunteer fire fighters, forest fire monitoring personnel, heads of village, and president of a neighborhood association should be carried out, centering on fire officials.
  • 11.

    A Study on Countermeasures for the Prevention of Child Abuse Crimes

    KIM JAE HAN | 2022, 10(2) | pp.351~376 | number of Cited : 0
    In our society, it is not long ago that the severity of child abuse has been raised as a social problem. Due to the social trend that takes patriarchal hierarchies for granted, it was taken for granted to minimize the intervention of the state in cases that occur at home, such as child abuse. However, due to the continuous occurrence of child abuse cases and the increase in deaths due to abuse, public outrage arose, leading to a demand for a systematic and strengthened policy for the prevention of child abuse. In the end, “Act On Special Cases Concerning The Punishment Of Child Abuse Crimes” was enacted in 2014 with the content of strengthening punishment for child abuse offenders and providing emergency measures and protection for victims. However, due to the nature of child abuse, which is mainly caused by guardians who form an intimate relationship in a closed space, there are still many cases where it is not revealed to the outside. Therefore, the abuse occurred repeatedly, and the form and method were also cruel. In the end, a 16-month-old child born in October 2020 died due to the abuse of his adoptive parents. With this incident as an opportunity, a response plan at the national level was required to raise the sentencing standard for criminal acts related to child abuse and to lower the recidivism rate. As a result, the 'Child Abuse and Murder Crimes' was newly established, which provided a heavier punishment than the previous crimes of the 'child abuse resulting in death' or 'murder'. However, since it is difficult to solve the fundamental problem of prevention and prevention of child abuse only by strengthening punishment, this study tried to find effective countermeasures in terms of prevention and prevention of child abuse. To this end, based on the current status and actual conditions of child abuse, we pointed out the deficiencies of the current laws and systems and sought ways to improve them. In addition, practical measures were presented to prevent re-abuse, which is increasing due to the nature of the behavior by close guardians in a closed space.