간행물
LAW & TECHNOLOGY
- 발행기관 서울대학교 기술과법센터
- 자료유형 학술지
- 간기 격월간
- ISSN 1738-7434 (Print)
- 수록기간 2005 ~ 2022
- 주제분류 사회과학 > 법학 사회과학 분류의 다른 간행물
- 십진분류KDC 360DDC 340
권호리스트/논문검색
제18권 제1호 통권 제97호 (2022년 1월) 7건
1.
2022.01
구독 인증기관 무료, 개인회원 유료
As the online dating service market continues to grow, damages or crimes due to the posting of false profiles have also emerged as a serious social issue. This calls for regulations on not only the users but also the service providers so that this issue could be resolved at a low cost. Ex-ante regulations on the service providers can be divided into regulations through law and regulations through terms and conditions. Although Act on Promotion of Information and Communication Network Utilization and Information Protection, etc. and Marriage Brokers Business Management Act partly apply to the former, laws should be enacted and revised for sufficient regulation. Regarding the latter regulation through terms and conditions, there is no standard terms that could be directly applied to online dating services. Ex-post regulations on service providers are divided into sanctioning through punishments or administrative punishments and sanctioning through compensation for damage in civil actions, the latter of which has been proven to be more effective. If a provider had made it appear as if it would provide genuine profiles, it would generally be liable for nonfulfillment of obligation for posting fake profiles. Tort liability may be recognized if a provider has not taken all possible measures to manage and control the false profiles. Although the regulations on the services may seem to be a burden on the service providers, it is also a way to contribute to the market’s long-term growth. Regulatory mechanisms have so far been lacking, but acts and standard terms are expected to be revised as the number of legal disputes continues to increase, thus accumulating related precedents.
4,000원
2.
2022.01
구독 인증기관 무료, 개인회원 유료
Cryptocurrency transactions are subject to private law regulations. This article reviews the legal nature of cryptocurrency from the perspective of general civil law theory. The undeniable nature of property in cryptocurrency has led to an increased demand for judicial systems to effectively operate in regards to cryptocurrency. The right to cryptocurrency cannot be regarded as intellectual property rights. Cryptocurrency cannot also be regarded as a bond, as it is merely units of information listed in the distributed ledger with no counterparty. Cryptocurrency can be understood as an “things” under civil law because there is a possibility of management through an electronic wallet private key and also independence through a distributed ledger. Among the requirements of an things, the requirement of ‘corporeal things’ or ‘natural force’ can be flexibly interpreted in regards of transactions between related parties. On the other hand, cryptocurrency cannot be regarded as “money” among things. Cryptocurrency cannot function as a “measure of value”, which is a fundamental function of money, due to its inherent nature of volatility and price differences between its exchanges. As a result, the legal nature of cryptocurrency can be recognized as a things, not money, through which current existing judicial systems such as compulsory execution law and bankruptcy law becomes able to operate in regards to cryptocurrency, ultimately promoting legal predictability. However, legislation on cryptocurrency should ultimately be completed through legislation, not interpretation. This requires further in-depth discussion in academic and practice sectors.
4,300원
3.
2022.01
구독 인증기관 무료, 개인회원 유료
This paper aims to reflect the necessity of protecting the rights of audiovisual performers including supporting roles in an era of new platforms such as OTT platforms. Starting with that, I will briefly explore the history of protecting rights for audiovisual performers from the Treaty of Rome in 1961 to the Treaty of Beijing in 2012. Unlike the United States copyright law, Korean copyright law stipulates the rights of audiovisual performers. However, the exceptional clause on video works acts as an inhibitor of protecting the rights of audiovisual performers and the compensation rules are biased towards hearing performers. Though Korea Broadcasting Performers’ Rights Association has attempted to realize the rights of performers through collective agreements with broadcasting stations, there needs to be another solution as a new generation of online platforms such as OTT platforms emerges. Therefore, the direction of protecting the rights of audiovisual performers on new platforms is suggested by the following chapter.
4,500원
4.
2022.01
구독 인증기관 무료, 개인회원 유료
With the rapid development of artificial intelligence, the use of artificial intelligence in the field of employment, especially in recruitment, is gradually increasing. Artificial intelligence judges applications for employment of applicants and analyzes interview videos to determine emotional intelligence, communication skills, cognitive ability, and problem-solving ability. However, there is a risk of discrimination in evaluating humans in hiring by these automated decisions made by artificial intelligence. Discrimination in hiring according to gender, race, or disability is prohibited by various laws such as the Constitution, Labor Standards Act, Framework Act On Employment Policy, and Employment Security Act in Korea. In particular, the Act On The Prohibition Of Discrimination Against Persons With Disabilities, Remedy Against Infringement Of Their Rights and the Act On The Employment Promotion And Vocational Rehabilitation Of Persons With Disabilities require special protection for people with disabilities. Discrimination against persons with disabilities can be divided into direct discrimination against persons with disabilities without justifiable grounds, and indirect discrimination that results in disadvantageous consequences for persons with disabilities by applying standards that do not take disabilities into account even though they are not formally treated unfavorable. When hiring according to automated decision-making, (i) intentional discrimination that intentionally sets applicants with elements of the disablity to be excluded from recruitment, (ii) making an automated decision not to hire the disabled through the existing data which prejudice against the disabled is already reflected, and (iii) if the existing data lacks or does not have information on the disabled, the data itself lacks representativeness, leading to distorted decisions, there is a risk that will be judged as discrimination for the disabled. In Korea, the Credit Information Use And Protection Act has proposed the definition of automated evaluation for owner of credit information and protection standards, but it is limited to the protection of credit information, and a recent amendment of the Personal Information Protection Act suggests protection measures from decisions made by automated systems, but it is criticized for the scope of protection being reduced than that of the GDPR. In addition, special protection measures for workers, such as the ILO’s Code of Practice for Protection of Workers’ Personal Data, are not mentioned separately, so it is necessary to devise legal protection measures in the hiring process according to automated decision-making of disabled workers.
5,700원
5.
2022.01
구독 인증기관 무료, 개인회원 유료
China’s Personal Information Protection Act was passed on August 20, 2021, and came into force on November 1, 2021. Prior to this, personal information has been protected by separate laws such as the Consumer Rights Protection Act and the Network Safety Act. With increasing attention to protection of personal information, comprehensive regulations related to personal information protection were introduced in the Civil Code which came into effect in 2021. Although the work of law making is ongoing, the debates about the legal nature of personal information right is still sharp. Though there have been many regulations stipulates the protection of personal information generally, the personal information right has been treated in a similar way to the right of privacy in practice. Only recently have the meaning of the personal information right and the right of privacy begun to be distinguished. In addition, the disputes related to ‘informed consent’ to collection and use of personal information have been also raised. Concerns about the infringement of personal information have significantly increased with more frequent use of personal information in the era of big data. To address the issued newly raised in the era of big data, the Personal Information Protection Act stipulates the protection of personal information in a comprehensive way, which not only protects personal information at the civil level, but also stipulates the duties of the public authorities to protect the personal information. To be specific, the Personal Information Protection Act more clearly stipulates personal information processing rules and clarifies the rights of the subject of the personal information, the duties of processor of the personal information, and the responsibilities of government ministries in charge of personal information protection. This study examines the legislation evolution and legal disputes related to personal information protection in China and analyzes the newly enacted Personal Information Protection Act of China.
5,800원
판례 해설
6.
2022.01
구독 인증기관 무료, 개인회원 유료
4,000원
7.
2022.01
구독 인증기관 무료, 개인회원 유료
4,000원
