• Title/Summary/Keyword: Protection of the Third Party

Search Result 66, Processing Time 0.026 seconds

Some Consideration on the Study of ICAO for the Rome Convention Amendment and the Necessity of Domestic Legislation (로마조약의 개정과 국내입법의 필요성에 관한 소고)

  • Kim, Sun-Ihee;Kwon, Min-Hee
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.23 no.1
    • /
    • pp.3-32
    • /
    • 2008
  • In proportion to recent developments in aviation technology and growth of the air transport market, the risk of damages to third parties caused by aircrafts and the likelihood of unlawful interference on an aircraft in flight has grown larger. The war risk insurance market was paralyzed by the 9/11 terror event. And if another event on the scale of 9/11 occurs, compensations for third party damages will be impossible. Recognizing the need to modernize the existing legal framework and the absence of a globally accepted authority that deals with third party liability and compensation for catastrophic damage caused by acts of unlawful interference, the ICAO and various countries have discussed a liability and compensation system that can protect both third party victims and the aviation industry for the 7 years. In conclusion, in order to provide adequate protection for victims and the appropriate protection for air transport systems including air carriers, work on modernizing the Rome Convention should be continued and the new Convention should be finalized in the near future. Korea has not ratified the relevant international treaties, i.e. Rome Convention 1933, 1952 and 1978, and has no local laws which regulate the damage caused by aircraft to third parties on land. Consequently, it has to depend on the domestic civil tort laws. Most of the advanced countries in aviation such as the United States, England, Germany, France and even China, have incorporated the International Conventions to their national air law and governed carriers third party liability within their jurisdiction. The Ministry of Justice organized the Special Enactment Committee for Air Transport chapter under Commercial Law. The Air Transport chapter, which currently includes third party liability, is in the process of instituting new legislation. In conclusion, to settle such problems through local law, it is necessary to enact as soon as possible domestic legislation on the civil liability of the air carrier which has been connected with third party liability and aviation insurance.

  • PDF

A Study on the Fingerprinting scheme without Trusted Third Party (신뢰기관 비참여의 핑커프린팅 기법에 관한 연구)

  • Yong, Seung-Lim
    • Journal of the Korea Society of Computer and Information
    • /
    • v.14 no.7
    • /
    • pp.81-88
    • /
    • 2009
  • Fingerprinting scheme is a technique which supports the copyright protection to track redistributors of digital content using cryptographic techniques. These schemes enable the original merchant to identify the original buyer of the digital data by embedding fingerprints into digital contents. Asymmetric property of fingerprinting schemes is important to keep the buyer's privacy. In this paper, we propose a symmetric encryption based fingerprinting protocol without trusted third party. Our scheme enables the reduction of computational costs for the encryption using symmetric key encryption scheme. Since a trusted third party doesn't take part in making the fingerprint of each buyer, the protocol doesn't need to control the trusted third party and it is more secure against collusion attack.

The Protection of Third Parties of the Transactions Made by the Representative Director without Resolution Adopted by the Board of Directors (대표이사의 이사회 결의를 흠결한 거래행위와 제3자의 보호)

  • Shin, Tae-Seop
    • The Journal of the Korea Contents Association
    • /
    • v.22 no.8
    • /
    • pp.392-402
    • /
    • 2022
  • The purpose of this study is to examine the protection of third parties of the transactions made by the representative director without resolution adopted by the board of directors. The legal effect of a transaction conducted by a representative director without board resolution in violation of internal restriction or statutory restriction is at issue. The Supreme Court of Korea('SCK') made a new ruling that revised the prior case law(Supreme Court en banc Decision 2015Da45451, Feb. 18, 2021). The SCK in the subject case proclaimed a legal doctrine that 'a third party acting in good faith' shall be protected according to Article 389(3) and 209(2) of the Korean Commercial Act, except that 'a third party with gross negligence' is considered as 'a person acting in bad faith' and thus is excluded from protection. The subject case law can be evaluated as broadening the scope of protection of the third party. In addition, the subject case is meaningful in that it is balance with the related SCK ruling, which considered a third party with gross negligence as a person acting in bad faith while protecting a third party with ordinary negligence in the case of transactions involving apparent representative directors, etc.

A Study on the Matter of Double Contract for Trademark License in China (중국의 상표사용허가계약의 중첩체결에 관한 연구)

  • SONG, Soo-Ryun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.73
    • /
    • pp.1-20
    • /
    • 2017
  • There are many safeguards and measures available regulating the protection of a trademark and its registered holder, however, the protection of a licensee in a trademark license agreement is also important for protection of a intellectual property. Therefore, there are several measures in place for the protection of licensees' interests in Chinese trademark law. Article 43(3) of the Chinese Trademark Law rules a licensor who licenses others to use his registered trademark shall submit the trademark licensing to the trademark office for file, and the trademark office shall announce the trademark licensing to public. Without filing, the trademark licensing shall not be used against a bona fide third party. It means a licensee can not use an unrecorded license with the relevant trademark authority against third parties - essentially, this means that a licensee should insist on having their trademark license agreements recorded against the relevant trademark authority, so that a licensee's interests are protected as against the assignees, licensees and other types of third parties. Otherwise a third party in good faith can use the registered trademark legally against a licensee even though a trademark license agreement between a licensor and licensee is still valid.

  • PDF

A new watermark for copyright protection of digital images (디지철 영상의 저작권 보호를 위한 새로운 서명 문양)

  • 서정일;우석훈;원치선
    • The Journal of Korean Institute of Communications and Information Sciences
    • /
    • v.22 no.8
    • /
    • pp.1814-1822
    • /
    • 1997
  • In this paper, we present a new digital signature for copyright protection of digital images. The proposed algorithm is designed to be more robust to both the compression (quantization) errors and the illegal signature attack by a third party. More specifically, to maximize the watermaking effect, we embed the watermark by randomly adding or subtracking a fixed number instead of executing the XORs. Also, to improve the reliability of the watermark detection, we extact the watermark only on some image blocks, which are less sensitive to the compression error. Futhermore, the unrecovered compression errors are further detected by the Hypothesis testing. The illegal signalture attack of a third party is also protected by using some probabilistic decisions of the MSE between the orignal image and the signed image. Experimental results show that the peroposed algorithm is more robust to the quantization errors and illegal signature attack by a third party.

  • PDF

Privacy Protection Scheme of Healthcare Patients using Hierarchical Multiple Property (계층적 다중 속성을 이용한 헬스케어 환자의 프라이버시 보호 기법)

  • Shin, Seung-Soo
    • Journal of Digital Convergence
    • /
    • v.13 no.1
    • /
    • pp.275-281
    • /
    • 2015
  • The recent health care is growing rapidly want to receive offers users a variety of medical services, can be exploited easily exposed to a third party information on the role of the patient's hospital staff (doctors, nurses, pharmacists, etc.) depending on the patient clearly may have to be classified. In this paper, in order to ensure safe use by third parties in the health care environment, classify the attributes of patient information and patient privacy protection technique using hierarchical multi-property rights proposed to classify information according to the role of patient hospital officials The. Hospital patients and to prevent the proposed method is represented by a mathematical model, the information (the data consumer, time, sensor, an object, duty, and the delegation circumstances, and so on) the privacy attribute of a patient from being exploited illegally patient information from a third party the prevention of the leakage of the privacy information of the patient in synchronization with the attribute information between the parties.

The Actual Use of Non-regular Workers and the Strategies of Social Partners in Sweden: with a Special Reference to Temporary Workers (스웨덴 비정규직의 사용 실태와 행위주체들의 전략: 임시직 사용 방식을 중심으로)

  • Cho, Don-Moon
    • Korean Journal of Labor Studies
    • /
    • v.23 no.1
    • /
    • pp.47-83
    • /
    • 2017
  • The Swedish labor market secures flexibility in the use of labor force by means of non-regular workers such as temporary workers among others instead of regular workers' layoffs. Although the labor law reform in the late 2000s made it easier to use temporary workers and the outbreak of the economic crisis strengthened the power of user firms against labor unions, the size of temporary workers was scaled down. It is the aim of this study to analyze the change in the use of temporary workers, to examine the effect of the labor law reform and that of economic crisis in that regard, and to explain how, over the use of temporary workers, user firms' strategy to secure flexibility and labor unions' strategy to regulate flexibility interact with each other so as to establish a new equilibrium through conflicts and compromises. The labor law reform to enhance the flexibility in the use of temporary workers failed to entail amendments of collective contracts. Besides, out of the economic crisis, user firms adopted a new policy to use third party workers more, refraining from employing temporary workers. That's why the number of temporary workers has declined eventually. User firms prefer to use third party workers because they could avoid their own responsibility as an employer and they could rely on 'permanent temporary' workers without any time limit. Labor unions, however, responded with a strategy to lay more strict regulations on the use of third party workers, so that third party workers could be used only for limited cause for external numerical flexibility. As a result, the managed flexibility thesis comes to prevail to the usage of non-regular workers in general beyond the category of agency workers. Korea with severe abuse of third party workers should learn from Swedish labor unions' strategy to provide third party workers with stronger employment security and higher wages so as to prevent user firms from abusing third party workers.

A Study on Legal Issues between the Application of Blockchain Technology and Deletion and the Third Party Supply of Personal Information (블록체인 기술 적용과 개인정보 삭제 및 제3자 제공의 법적 문제에 관한 연구)

  • Choi, Yong-hyuk;Kwon, Hun-yeong
    • Journal of the Korea Institute of Information Security & Cryptology
    • /
    • v.28 no.6
    • /
    • pp.1607-1621
    • /
    • 2018
  • The financial industry, which guarantees a credible transaction and can not permit forgery of its transaction information, has hitherto adhered to a traditional centralized ledger management method. However, the blockchain technology has a decentralization which has been regarded as unsafe for the time being, and the more reliable transaction agreement and data integrity are guaranteed The world's financial industry and the IT world is causing the wave. Nevertheless, the inherent characteristics of the blockchain, such as the irreversibility of block information within a blockchain and the sharing of blocks between blockchain participants, can not avoid conflicts with the privacy laws. The purpose of this study is to investigate the problems related to deletion and the third party supply of personal information by focusing on these characteristics of the blockchain and to suggest the technical alternatives of the applicable blockchain and the improvement direction of the personal information protection law for using of blockchain technology.

User Privacy Security Scheme using Double Replication Key in the Cloud Environment (클라우드 환경에서 이중 복제 키를 사용한 사용자 프라이버시 보호 기법)

  • Jeong, Yoon-Su
    • Journal of the Korea Convergence Society
    • /
    • v.9 no.4
    • /
    • pp.9-14
    • /
    • 2018
  • Recently, as the internet speed is getting faster, in the cloud environment, the service receiving device is changing from a general PC to a compact device such as a mobile phone or a tablet PC. Since handheld devices such as mobile phones or tablet PCs are often used in wireless rather than wired, there are many problems that personal information may be exposed maliciously from a third party. In this paper, we propose a user privacy protection scheme through a duplicate duplicate key generation process which can safely protect user 's privacy from third party among cloud services being served through various wireless media. The proposed scheme is used to synchronize the duplicated key between the server and the intermediary device, and aims at shortening the time of the authentication process protecting the user 's privacy. In this case, the proposed scheme uses Interleave() function and random number to synchronize the server and the intermediary device, so it can safely prevent the malicious attack of the third party.

A Study on the Liability of Information Protection for the Third Party Supply of Personal Information/Focus on Fintech Companies Using OPEN APIs (개인정보의 제3자 제공시 정보보호 관련 법상 책임에 관한 연구/OPEN API 이용 핀테크 기업을 중심으로)

  • Kim, Jo-eun;Kim, In-seok
    • The Journal of Society for e-Business Studies
    • /
    • v.22 no.4
    • /
    • pp.21-38
    • /
    • 2017
  • It is actively opening the market to fintech companies through open platforms, such as financial institutions and public institutions. In this thesis, we will look at the conceptual differences between the "provision of third-party information" and "entrustment" of information protection related laws, such as the Personal Information Protection Act, the Act on Promotion of Information and Communications Network Utilization and Data Protection Etc (Network Utilization Protection Act). In addition, the legal obligation to provide information regarding the legal rights of information is considered to be relevant, whereas the legal obligation of the private information provided by the company is excessively mitigated, whereas the legal obligation of the company to provide information is excessively mitigated. In addition, I suggest self-diagnosis checklist to help fintech companies improve their privacy levels. It was found that the level of information protection was relatively insufficient compared to the consignees based on the results of a survey conducted for 31 fintech companies. Aggressive use of the checklist is suggested to raise the level of information protection for those companies.