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Issues and Improvements about Request by Google, Taking Digital Maps Out of the Korea: Focusing on the Legislative Revision by Extractive Application

  • Journal of the Korean Cartographic Association
  • Abbr : JKCA
  • 2020, 20(1), pp.13-24
  • Publisher : The Korean Cartographic Association
  • Research Area : Social Science > Geography > Geography in general > Cartography
  • Received : December 2, 2019
  • Accepted : December 20, 2019
  • Published : April 30, 2020

JungKyun Moon 1 Seonbong Yu 2 Changwoo Jeon 3

1국회입법정책연구회
2광운대학교
3서울대학교

Accredited

ABSTRACT

This study provides a legislative alternative to eliminate or reduce the military and security threat factors regarding Google’s request to export digital imagery outside Korea. Accordingly, a case analysis was conducted on the Capital Defense Command, one of the most important military facilities in Korea, to investigate if Google’s export of local mapping data would act as an additional threat factor in military and security aspects. As a result of the investigation, it was found that Google’s satellite imagery overlapped with exported digital images could be used for various military purposes such as infiltration paths, supply lines, and travel routes. Therefore, this study suggests legislation to introduce extraterritorial application as a legislative alternative where an entity requesting to export digital images out of the country is obliged to make individuals or organizations at home and abroad comply with the laws related to security processing to remove or reduce military and security threat factors. This alternative will impose responsibility on overseas individuals and organizations using Korean digital map images to follow the security processing-related laws, and the Korean government can evaluate the results through inspection agencies. If overseas individuals, corporations, and their branch offices fail to comply with the obligation in Korea, they should face Korean laws according to the punishment regulations: Article 109 of the Law on the Establishment and Management of Spatial Information (EMSD), Article 24 of the Protection of Military Bases and Installations Law (PMBI), and Article 7 of the Spatial Data Industry Promotion Law (SDIP). Besides the legislative alternative, an intergovernmental negotiation on the “E-commerce Trade Law” began recently (Oct. 2019). The paradigm shift toward “digital trade” is expected to occur. Eventually, it is expected that follow-up studies will investigate measures to expand economic exchanges with balanced perspectives while eliminating extra military and security risk factors

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