2023, Vol.11, No.4

A Legal and Institutional Improvement Plan for Revitalizing Industry-Academic Cooperation in Local Universities

Kwon Yangsub | 2023, 11(4) | pp.11~35 | number of Cited : 0

The China's Judicial Logic and Development of the Validity Determination of B/L Jurisdiction Clause - Empirical Analysis Based on 167 Judgements

Fei Xiang , Ji Sang Gyu | 2023, 11(4) | pp.37~73 | number of Cited : 0

Problems and measures to secure effectiveness in implementing the current autonomous police system

Lee, In Gon , Shin Joo-Hyun | 2023, 11(4) | pp.75~109 | number of Cited : 0

The old Police Act was enacted as Law No. 4369 on May 31, 1991 and went into effect on July 31, 1991. The old Police Act had 23 partial revisions or other revisions, and the 24th complete revision (Act No. 17689), came into effect on December 22, 2020, and came into effect on January 1, 2021, and its name was changed to the “Act on the Organization and Operation of National Police and Autonomous Police” (hereinafter referred to as the “Police Act”). The fully revised Police Act was first partially revised on March 30, 2021 with Law No. 17990 and went into effect on July 1 of the same year, and the second partial revision was made with Law No. 19023 on November 15, 2022, and came into effect in 2023. It has been in effect since February 16, 2018. The current Police Act divides police work into national police work and autonomous police work, distributes command and supervision authority for each office, and requires city/provincial autonomous police committees to command and supervise autonomous police work, which is the legal basis for introducing an autonomous police system. By providing a variety of high-quality security services suited to the needs of residents by resolving concerns about the enlargement of police power and securing connectivity between local administration and public security administration, the goal is to efficiently strengthen the security capacity of the entire nation. The main contents of the current Police Act are: ① Police affairs are divided into national police affairs and autonomous police affairs, ② the National Investigation Headquarters is established in the National Police Agency, the head of the National Investigation Headquarters is appointed as the Inspector General of Police, and recruits from outside the National Police Agency. When there was a need for appointment, it was possible to appoint people with certain qualifications. ③ In order to take charge of autonomous police affairs, the city provincial autonomous police committee was established as a consensus administrative agency under the city provincial governor, and the work falls under its authority. ④ Matters related to the appointment of city provincial police chiefs were determined, and were subject to the direction and supervision of the police chief, city provincial autonomous police committee, and head of the National Investigation Headquarters according to the duties under their jurisdiction. This paper aims to study the legal issues arising from the relationship between the national police and autonomous police, and the relationship between national police power and autonomous police power, resulting from the enactment of the current Police Act, which aims to introduce an autonomous police system. To this end, we will first look at the concept of police work based on Kang Hak-sang's concept of police, and examine the distinction between national police work and autonomous police work with a focus on the disciplinary content of the Police Act. In particular, the National Police Commission is defined as a deliberation and decision-making body, while the city provincial autonomous police committee is defined as a consensus-based administrative body, and its legal nature is different. Therefore, the subjects exercising police power and the Minister of Public Administration and Security and the National Police Commission are the competent ministers. By reviewing the relationship between the Minister of the Interior and Safety and the Commissioner General of the National Police Agency, and the relationship between the Commissioner General of the National Police Agency and the Commissioner General of City Provincial Police, the purpose is to derive legal problems and suggest legislative improvement measures.

A Study on the Calculation of Damages in the Crime of Technology Leakage

Park Woong Shin | 2023, 11(4) | pp.111~146 | number of Cited : 0

can save enormous R/D costs and time and overcome technical gaps with leading companies in a short time, so if core technologies are leaked, the damage cannot be reversed for the victim company. Furthermore, if the leaked technologies are semiconductors, secondary batteries, and defense industry technologies, the damage is not simply the economic loss of a specific company, but it can threaten Korea's economic and political existence of Korea. Since the importance of core technologies possessed by companies in the knowledge and information society is indisputably important, the normative system to protect core technologies still exists and is constantly being revised. Nevertheless, cases of technology leakage continue to occur because of a mixture of various political and economic factors, such as economic utility caused by technology theft and legal sanctions that do not reflect such illegality. In particular, even if a socially resonant technology leak crime is criminally judged, it is rare for the victim to be sentenced to the extent that the company recognizes that the damage has been recovered, and furthermore, criticism has been continuously raised that such a ruling does not correspond to the legal sentiment of the general legal sentiment. There are many reasons why the punishment of technology leakage crimes does not properly reflect the illegality of conduct, but the biggest problem is that it is difficult to arithmetically confirm the value of technology leakage, especially the economic value. Of course, there are several methodologies for calculating this, but there is a difficulty in calculating the amount of damage due to the difference between the infringers and the actors. In response, this study examines the concept of technology leakage, domestic and foreign laws responding to technology leakage, checks whether there is a regulation to calculate (or estimate) the amount of damage in technology leakage, and examines the meaning of the damage estimation regulations existing in the current legislation and their limitations, and suggests qualitative and quantitative improvement measures.

Colonial expansion policy and transformations in stock corporation law under German imperialism

Ji Gwangwoon | 2023, 11(4) | pp.147~177 | number of Cited : 0

The Imperial period refers to the period from 1870 to the end of World War I. During this period, the Western powers sought to develop new markets and advance bases necessary for securing resources through colonial expansion. Germany was no exception and colonized East Africa. At this time, Germany enacted the Colonial Protection Act and turned the colonies into protected areas. Through these reservations, the German Empire focused on protecting its citizens who wanted to advance into the colonies and conduct commercial activities. From the same aspect, support for companies that entered the colonies in the form of companies and engaged in commercial activities was also considered through the provisions on companies under the Colonial Protection Act related to companies. The periodic changes of German stock law related to joint-stock companies, which were mainly used in relation to colonial expansion during the imperial era, were examined, and the main contents were reviewed. Furthermore, through a review of the changes in the Stock Act, which obliged directors to conduct management in consideration of the interests of their employees, the company, and the country through the provisions of Article 70 of the Stock Act during the Nazi era, the importance of companies emphasized both in the era of imperialism and in the modern era is revealed. This study tried to infer the meaning of modern corporate law. Conclusionally, the meaning of the colonial expansion policy and the change of the stock law in the era of German imperialism is, first of all, the justification of colonization through rule by law. Next, the modern meaning of the change of the stock law is that the era has arrived in which directors are required to place importance on management in consideration of stakeholders when managing a company. Regarding both of the above, the justification of colonial rule and for whom the company exists, it can be seen that the legislator's decision was important in the era of imperialism. What this historical fact means is that even if history repeats itself, the legitimacy of the era of imperialism should not be repeated in the form of excessive restrictions on basic rights in the modern age.

A Research on measures and issues to improve laws and regulations specializing in pet food

Lee Jin Hong , KWONYONGSU | 2023, 11(4) | pp.181~204 | number of Cited : 0

Tendances législatives françaises sur les traitements intelligentes

kang myoung won , Juhee Eom | 2023, 11(4) | pp.205~233 | number of Cited : 0

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A Study on the Consideration of American Contract Law

부동호 | 2023, 11(4) | pp.235~272 | number of Cited : 0

A Study on the Improvement of the Safety Management of Crowd Accidents in the Itaewon Disaster

Gun-Woong Yeom | 2023, 11(4) | pp.273~292 | number of Cited : 0

Study on the Criminal Legal Responses to Cryptocurrency Crimes

Kim, Jae-Han | 2023, 11(4) | pp.293~316 | number of Cited : 0

The greatest interest in modern society can be said to be discussions about the direction of Internet technology and changes in human life through it. It is time to discuss what legal problems the changes in our social structure caused by the Fourth Industrial Revolution will cause and how our legal system should respond to these problems. Recently, it can be said that cryptocurrency based on blockchain technology has been at the center of these discussions. Cryptocurrency has the advantage of convenience and speed of remittance. However, problems with stability due to high price volatility, risk of accidents such as hacking of exchanges and electronic wallets, the use of enormous energy used in cryptocurrency mining, failure of decentralization due to the monopoly of large mining groups, and it could become a means of funding for criminal groups or tax evasion based on anonymity are being raised. However, cryptocurrency is evaluated as providing innovation in transfer and payment systems, and its use is rapidly spreading around the world. In the case of Korea, due to the lack of laws to regulate cryptocurrency, it has become the purpose or main means of crime, and even if a crime occurs, it is difficult to respond appropriately and quickly. It is time to prepare criminal legal alternatives for cryptocurrency crimes. In this paper, related concepts and characteristics were examined to define the legal nature of cryptocurrency based on previous study. In addition, the need for criminal legal measures was presented by reviewing the types and realities of cryptocurrency-related crimes. In order to prevent cryptocurrency-related crimes and protect investors, problems were reviewed from a criminal law perspective, and applicability and response measures within the criminal law system for cryptocurrency crimes were explored.

A Study on the Modern Judicial System - Focusing on the constitutional right to trial and judicial independence -

Kwon, Su-Jin | 2023, 11(4) | pp.317~333 | number of Cited : 0

Korea's judicial system was a process of implementing the independence of courts and trials according to the circumstances of the times. From the modern judicial system at the end of the Joseon Dynasty and the Japanese colonial period to the modern judicial system, the origins of the current judicial system are traced through the process of acceptance and spread of the principle of independence of judicial authority in Korea in the modern judicial system and the process of actually realizing judicial independence. Through this, we can recognize its historical and cultural significance. Judicial power refers to the power of the government to exercise judicial action. A country ruled by law requires national consensus to exercise state power to protect the rights of the people, and this functions only within the constitution and laws stipulated by democratic procedures. Judiciary is one of the functions of state governance, along with legislation and administration. When a lawsuit is filed due to a dispute regarding the legal relationship between individuals or between the state and individuals, the judiciary maintains legal order by determining what is legal and declaring it. A country ruled by law has the obligation to guarantee justice in order to guarantee the rights of its citizens, and at the same time, citizens have the right to claim judicial guarantees. Afterwards, efforts were continued to secure the autonomy of the judiciary, but it is evaluated that the actual independence of the judiciary was finally guaranteed after democratization. In this paper, we will examine both the traditional judicial system and the modern judicial system. In addition, we will look at the modern judicial system and Korean constitutional history, and examine the process by which the principle of judicial independence was accepted and spread after the establishment of the Korean government, as well as the formation and development of early courts.

A Study on the History of the Condominium Law System and the Characteristics of the Norms as a Form of a Collective House

Kim, Sang-Jin | 2023, 11(4) | pp.335~363 | number of Cited : 0

In Korea, questions about apartment management methods are being raised in earnest as the time for early apartments to make decisions about reconstruction is approaching. At the same time, as the maintenance of public facilities becomes financially difficult, the possibility of group management by local residents is being sought. On the other hand, in relation to various factors, such as independent responses to environmental problems and vitalization of the construction industry, the recent review of the ‘100-year housing concept’ is underway in earnest. Considering the maintenance and management of ultra-long-term collective (communal) housing under these circumstances, whether it is possible to establish a super-long-term management system that allows resident groups to continue living as a community base transcending generations, rather than simply extending the useful life of architectural technology. The review will be the starting point. Even in the case of an ultra-long-term management system, there are cases in which it is assumed that a resident group will take root in the land for several generations, as if an old village is recreated, and even if the entity’s existence is the same, its members are always assumed to be mobilized. There is also Rather, wouldn’t the latter be a more realistic assumption in the future? In the latter case, of course, measures for the formation of a sound market that realizes securitization are essential, but besides this, as a group whose members are constantly changing, it is necessary to establish group regulations that can ensure the maintenance of group property and orderly residential life. In addition, the liquidating members include those who aim for a final living base as before, and also include innocuous residents who aim only for asset management. And on the premise that each intention is allowed, orderly and sustainable management should be considered as a task. Given these problems, whether the current self-management system will continue to function in the future, and the original attitude of management, especially the rights and obligations of the managing body I think it's time to reexamine the original attitude. In this paper, I would like to examine what kind of legal relationship it regulates with respect to the US multi-unit housing system called condominium. Since it is not possible to discuss the condominium laws of each state uniformly, UCA and UCIOA will be considered as the main subjects. Although the case of the United States is not the same as that of Korea, I think it is a very beneficial academic achievement to obtain implications for the management of apartment houses in Korea by studying their legal relationships. As the Housing Management Act in Korea stipulates the ownership and use of apartment houses, condominium-related companies in the United States have enacted and applied various laws for each state, and by studying this, various regulations or I believe that by studying legal principles, I will be able to get help in resolving the legal conflicts we have encountered.

A Study on Japan's Guidelines for Adult Guardianship Based on Decision Support

Oh, Ho-Cheol | 2023, 11(4) | pp.365~394 | number of Cited : 0

It has been over a decade since South Korea abolished the traditional system of incompetency and quasi-incompetency under civil law, replacing them with a new adult guardianship system. The new adult guardianship system was anticipated to prioritize the respect for self-determination, the utilization of residual capacity, and normalization as its guiding principles. However, despite South Korea's ratification of the UN Convention on the Rights of Persons with Disabilities (UNCRPD), there is still a demand for the abolition of the substitute decision-making system, where third parties make decisions on behalf of adult wards under guardianship, and a transition towards decision support. Consequently, there exists a significant issue regarding the alignment between the UNCRPD and South Korea's adult guardianship system. Japan, which implemented the adult guardianship system earlier than South Korea, is also facing demands for a transition from substitute decision-making to decision support in compliance with UNCRPD. As a result, following the announcement of the “Basic Plan for Promoting the Use of the Adult Guardianship System” on March 24, 2017, Japan began to review guidelines for decision support. This shift in focus aims not only to prioritize property management by guardians but also to understand the preferences and characteristics of adult wards under guardianship, enabling appropriate consideration. Consequently, Japan's Ministry of Health, Labour and Welfare started releasing various decision support guidelines from March 2017. In October 2020, the Supreme Court of Japan, along with the Ministry of Health, Labour and Welfare and professional organizations, promulgated the "Guidelines for Adult Guardianship Based on Decision Support." These guidelines were created to provide reference and support for all types of guardians, including professional guardians, family members, and community-based guardians, in carrying out guardianship duties based on decision support. As such, these guidelines aim to facilitate a better understanding and practical application of decision support among practitioners. Consequently, Japan's guidelines may serve as valuable reference material for South Korea. This paper examines the content of decision support within the framework of the UNCRPD and investigates how Japan's guidelines align with the proposed principles of the UNCRPD, shedding light on the specific methods through which practitioners in South Korea can provide decision support, offering valuable insights.

Accidents and criminal responsibility by AI-equipped devices - Through the case of self-driving car accidents in Japan -

Hong, Tae-Seok | 2023, 11(4) | pp.395~421 | number of Cited : 0

In the digital age, artificial intelligence (AI) is accelerating changes in our society. It would not be an exaggeration to say that he is leading the revolution, not only the convenience of life but also being a perfect friend for single-person households. However, if the legal interests of our human beings are violated by such AI-equipped devices, the question arises what will happen to the criminal responsibility. It is a well-known fact that it can cause harm to our lives or bodies, such as suicide while talking to ChatGPT or an accident due to an operation error in an autonomous vehicle. When AI products are distributed in the market, various actors such as manufacturers, individual sellers, and users may be involved as in other products. The first question that can be raised here is whether the manufacturer can be held liable under the criminal law if a defect occurs in the AI system distributed by the manufacturer to the market, and in particular, who and what kind of responsibility can be held in the event of an infringement on human life or body. It is also questioned whether AI can hold manufacturers and AI accountable if it learns by itself and violates human legal interests. In the above case, negligence offenders can be discussed, but negligence offenders are explained as violations of the duty of care, so the setting and standards of the duty of care are important criteria for the punishment of negligence offenders, and it is questionable whether the existing negligence criminal law can be applied in the event of an accident by an AI-equipped device. Starting with these questions, this paper reviewed criminal responsibility in the event of an accident caused by an AI-equipped device by referring to Japanese precedents that were recently discussed in relation to criminal responsibility due to an accident caused by an autonomous vehicle.

A Study on Inclusive Real Estate Finance Policy using Generative AI- Focusing on Expanding The Work of Real Estate Agents Related to The Designation of Opportunity Development Zone -

Jung, Jae-Jin , Hwang Jung Hoon | 2023, 11(4) | pp.423~448 | number of Cited : 0

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Digitalization of Finance and the Future Ecosystem of the Banking Industry - Consideration from a Legal Policy Perspective -

Jongho Kim | 2023, 11(4) | pp.449~496 | number of Cited : 0

Until now, our financial institutions have responded extremely conservatively to Information Technology (“IT”), emphasizing security and stability. It is rare for the entire picture of financial IT to be clearly known to the general public, and even though it was conservative compared to the evolution of IT in the world because it was originally a special entity, it did not pose much of a problem in itself. However, after the word FinTech became popular, the importance of innovation in the financial field was emphasized, and it was recognized that a gap exists between financial IT and general IT. As the entire society is evolving through information technology innovation, there is a shared concern that the financial industry, which has been conservative until now, needs to transition to IT in line with the trends of the times, or else it may fall behind the global trend. In the past, when there was no Internet, trying to start a business using IT required enormous costs because the business owner had to design and build everything. Therefore, large companies had to develop elaborate business plans and carry out long-term projects. A representative example is the bank online system that was dealt with in the past. However, in the ‘post-Internet era’, it has become possible for business operators to use the system base provided inexpensively on the Internet, rather than maintaining technical specifications or infrastructure themselves. As a result, it has become easier for small venture companies to start businesses with original ideas because they do not require huge costs or detailed business plans. These environmental changes created FinTech. FinTech is a testing ground for new business models in the financial sector. Of course, not all of them will succeed, but if various attempts are selected through the market, new technological innovations that have never existed before may emerge. Traditional financial institutions assemble their operations by relying on large-scale information systems built in a ‘pre-Internet era’ manner. However, considering changes in customer demands and competitive conditions, it may be difficult for traditional financial institutions to stick to traditional IT usage methods in the long term. Recently, financial institutions in Europe and the United States are actively supporting FinTech companies and making investments or acquisitions. In a broad sense, this can be considered a process in which the IT utilization style of the entire financial industry is becoming suitable for the ‘post-Internet era.’ Currently, many financial institutions offer internet banking. It is a highly functional service that has advanced security measures and allows for fund settlement with all domestic and foreign financial institutions, and generally charges lower fees compared to bank tellers. Many domestic FinTech companies use it as infrastructure to provide additional services to users of financial institutions. However, the criticism that ‘financial institutions’ response to the Internet is inadequate’ is largely due to safety. Some people argue that although the security of Internet banking is improving with the introduction of various countermeasure technologies, penetration rates are not increasing because users are too conservative. However, it can also be seen as a result of financial institutions not yet providing attractive financial services that users want to use within an acceptable risk range. Current Internet banking may need to be reexamined with a view to whether it is truly accepted by customers. Now, financial institutions are not protected within castles, but are lonely beings that must survive alone in the wilderness. There is no safe castle for banks anywhere in the world.

The Swedish Legal System for Refugees

Hong Sae Young | 2023, 11(4) | pp.497~527 | number of Cited : 0

A Study on the Resolution of General Meeting of Stockholders in Chinese Corporation Law - Focused on “The Utilization of A Few Problematic Provisions of Article 4 of the Corporation Law” -

Shin, Chan- ho | 2023, 11(4) | pp.529~552 | number of Cited : 0

“The Corporation Law” of the People’s Republic of China was promulgated on December 29, 1993 and became effective on July 1, 1994: It has been revised for four times since. The general meeting of stockholders is a sort of institution with the highest authority over a company and is in charge of business management of the company. Regarding a resolution made at a general meeting of stockholders, limited liability companies and joint stock companies have some issues. Especially, due to a large no. of shareholders, listed companies have an issue with the resolution. Considering that the general meeting of stockholders often experiences a poor attendance rate (shares are often concentrated on few stockholders and a poor attendance rate), often a quorum is not a requirement for the resolution, in turn aggravating the aforementioned poor attendance rate. In China, disputes over the resolution of general meeting of stockholders are continued. In the current Corporation Law, the resolution of general meeting of stockholders is either dealt as nullity of a resolution or cancellation of a resolution. If there is a major breach in the resolution procedure, nullity of the corresponding resolution is invalid if the corresponding resolution violates any legal regulations or administration laws, but not if the corresponding breach is a breach in the procedure. The Supreme People’s Court promulgated “The Utilization of A Few Problematic Provisions of Article 4 of the Corporation Law” on April 12, 2016 and added the regulations on the confirmation of validity of a resolution, non-existence of a resolution, and an incomplete resolution in order to correct the controversial terms of the Corporation Law. This study aims at reviewing the Corporation Law of the People’s Republic of China regarding a resolution of general meeting of stockholders.

An Analysis of Social Contribution Activities for the Prevention of Missing Children

Lee Keon Su | 2023, 11(4) | pp.553~568 | number of Cited : 0

Missing cases are directly related to life, and missing persons are often found dead after the disappearance incident. Therefore, it is concerned that the disappearance case must be discovered through investigation and search in a short period of time, and if it is not found, it will be exposed to crime secondarily. Therefore, rapid detection and prevention activities for missing persons are very important activities because they minimize many social problems. In order to prevent cases such as missing children, cooperation between administrative agencies and social enterprises and laws and systems that support them are now needed. In particular, a company is an economic entity that performs production activities by dividing capital, labor, land, and management, which are the four elements necessary for economic action. Companies are clearly distinguished from non-profit organizations such as governments, churches, temples, and civic groups in that they have profit-seeking profitability. Therefore, a company is a subject that establishes and practices various management strategies to maximize profits. For this reason, general companies tend to have images of rationalism and efficiency. The larger and more sound companies, the stronger their image. However, some people misunderstand that all actions taken by companies are the result of the most rational and efficient concerns, but not all decisions made by companies are reasonable at all. However, unlike in the past, there are many social enterprises that are responsible for social responsibility and exercise the influence of the public interest rather than performing only production functions for profit. To prevent missing children, government agencies and related organizations should work together to establish a system that can be practically helpful, and to find companies that prevent and prevent the occurrence of missing children and prepare incentives to play a more public role.

Arguments for abolishing the jeonse system

shin se duck | 2023, 11(4) | pp.569~585 | number of Cited : 0

A Comparative Study on the Major Contents of Elder Abuse in Japan's Act on the Prevention of Elder Abuse and Support for Caregivers of Elderly Persons and Korea's Welfare Of Senior Citizens Act

Yun, Gitaek | 2023, 11(4) | pp.587~611 | number of Cited : 0

The pace of aging in our country is very fast. Our society will enter a super-aged society by 2025. In our society, the elderly population aged 65 or older accounts for more than 20% of the total population. On the other hand, Korea's Low fertility rates has become more serious. In the past, it was natural for Korea, which had Confucian ideas, to support parents who had no economic ability. However, the Confucian ideal of supporting a parent who is unable to work has long since collapsed. Therefore, elder abuse is increasing through cases where a child supports a parent, an elderly spouse supports an elderly spouse, and a child sends a parent to a nursing home. Our society is very late in interest in elder abuse. It is very late compared to child abuse or spouse abuse. As a result, a legal system to prevent elder abuse was also established late. Currently, Korea is responding to elder abuse with the Welfare Of Senior Citizens Act and the ACT On Special Cases Cincetning The Punishment Of Crimes Of Domestic Violence and criminal law. But in fact, the most important law for elder abuse is the Welfare Of Senior Citizens Act. The Welfare Of Senior Citizens Act was first enacted in 1961 and has made several revisions so far. However, it was not until 2004 that the Welfare Of Senior Citizens Act established a provision for elder abuse. Since 2004, the Welfare Of Senior Citizens Act has tightened the provisions of elder abuse. However, the system is insufficient because the elder abuse clause has been made little by little. As a result, what is said for the purpose of the Welfare Of Senior Citizens Act is not related to elder abuse. On the other hand, Japan recognized elder abuse as a very serious social problem at home and nursing homes. Therefore, Japan enacted the Act on the Prevention of Elder Abuse and Support for Caregivers of Elders on April 1, 2006. This study focuses on the main contents of the Welfare Of Senior Citizens Act in Korea and the Act on the Prevention of Elder Abuse and Support for Caregivers of Elderly Persons in Japan. Japan's approach to elder abuse as something to be supported rather than punished or focused on enforcement is a good lesson for Korea.

China's Fire Protection Industry Regulations - Focus on the Fire Engineering License -

OH, HYUNG KEUN | 2023, 11(4) | pp.615~643 | number of Cited : 0

A Review on Legal Status of Stakeholders subject to Search and Seizure upon Electronic Information Stored by Third Party

Park, Bongkyun | 2023, 11(4) | pp.645~671 | number of Cited : 0

Search and seizure is a serious concern when an individual is directly involved. Moreover, this applies even if it is executed indirectly in a place related to the individual. The legislation was revised to reflect this social situation. The warrant copy issuance system was implemented in 2022, and the electronic warrant system is scheduled to be implemented in 2024. The introduction of a search-and-seizure pre-interrogation system was promoted in 2023, but implementation was postponed due to opposition from related agencies. Recently, the Supreme Court has placed importance on suspect’s Notice Presence Right in search and seizure upon electronic information stored by third parties. In other words, even if a third party arbitrarily submits data storage media or becomes a direct target of search and seizure, the position is that if the suspect is a data subject, the suspect is regarded as a ‘substantial person subject to search and seizure’ and his Notice Presence Right is rightly acknowledged. The term ‘Third Party’ in search and seizure presupposes the perception that the suspect is subject to search and seizure. Furthermore, the attitude of recognizing everyone as a third party in criminal proceedings without distinguishing between witnesses at the investigative stage and personal information processors causes the problem of focusing the discussion solely on search and seizure of electronic information, thereby diminishing the practical value of personal information protection. From a perspective of personal information protection, this study addresses whether there is any correlation between the status of third parties such as reference persons and personal information processors who store the suspect's information in search and seizure situations and the person subject to search and seizure upon electronic information. ‘Third Party’ cannot be considered a term in criminal law theory, and its content is ambiguous, so it is not appropriate for establishing the concept and scope. Therefore, in this study, the concept of ‘Information Service Provider’ was defined. Information Service Providers are private juristic persons among personal information processors whose requirements, scale, and scope of business are specifically regulated by public laws. As a result of reviewing the legal status of the stakeholders subject to search and seizure upon electronic information stored by third parties, we learned two followings. First, our review is the freedom of Information Service Providers which are deprived by information collection of the State. Findings are that the freedom are different depending on how they are directly or indirectly restricted. In other words, the confidentiality and freedom of private life are restricted when collecting information directly about individuals. On the other hand, indirect information collection through Information Service Providers restricts the constitutional right to Self-Determination on Personal Information. Second, our review is the legal interests of privacy protection and the legal status of Information Service Providers. Findings are that data subjects’ legal rights in terms of personal information protection are for Information Service Providers, not for personal information. The theory of search and seizure upon a suspect might be directly applied to the information collection from Information Service Providers. Regrettably, the legal status of Information Service Providers as guardians of personal information protection becomes meaningless. Additionally, investigative agencies are at a crossroads where they must make an onsite legal judgment as to whether electronic information constitutes personal information. Also, the personal information files electronically stored by Information Service Providers result in the suspects’ ownership claim. In those situations where both sides are at odds with each other, the rapid release of suspects from criminal proceedings will be a distant task.

A Study on the Claims for Damages for Developmental Delay- Busan High Court Ruling 2019Na53658 Damages -

Youngkook Kim | 2023, 11(4) | pp.675~700 | number of Cited : 0

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Legal Theory & Practice Review 2023 KCI Impact Factor : 1.03

2023, Vol.11, No.4