간행물

동북아법 update

Northeast Asian Law Review

  • : 홍익대학교 법학연구소
  • : 사회과학분야  >  법학
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  • : 연속간행물
  • : 연간
  • : 1976-5762
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수록정보
수록범위 : 1권1호(2007)~14권0호(2022) |수록논문 수 : 90
동북아법
14권0호(2022년 02월) 수록논문
최근 권호 논문
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1The Pursuit of “The Declaration of a Formal End of the Korean War” : A Disguised Peace Show

저자 : Lyou Byung-woon

발행기관 : 홍익대학교 법학연구소 간행물 : 동북아법 14권 0호 발행 연도 : 2022 페이지 : pp. 1-25 (25 pages)

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The language of “Declaration of a Formal End of the Korean War” seems very peaceful. However, Moon Jae-in's argument for an end to the Korean War declaration has the potential to nullify the peacekeeping function of the 1953 Armistice Agreement as a treaty. The “No Unconstitutional Strike Against North Korea Act of 2020” in the United States that was being pursued along with that an end to the Korean War declaration was an attempt to bind the United States hands so that it would be difficult to effectively respond to the North Korean nuclear issue. In addition, the declaration of an end to the war will lead to the dissolution of the UNC and the withdrawal of the US from Korea.
By consistently pursuing unification and foreign policy that meets North Korea's preferences, Moon Jae-in is not solving the North Korean nuclear problem, but rather is only giving Kim Jong-un time to enhance North Korea's nuclear capabilities.

2Authority and Access: Focusing the U.S. v.Van Buren

저자 : Sim Sukchan

발행기관 : 홍익대학교 법학연구소 간행물 : 동북아법 14권 0호 발행 연도 : 2022 페이지 : pp. 27-82 (56 pages)

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In 2006, a British mathematician announced a famous sentence that “Data is the new oil.” It fascinated many IT companies made them secure data as much as possible as a valuable future asset. Now, data becomes a leading industrial area in many countries also we are still anticipating its further possibilities. As he mentioned decades years ago, data is one of the fundamental assets for current business, and therefore, companies set their heart to keep their data from unauthorized access from competitors or hackers.
The Computer Fraud and Abuse Act (CFAA), ban unauthorized access to a computer. The law prohibits users' unauthorized access or exceeds authorized to data that protects the original intention of data providers. It is originated traditional trespass to chattel in torts that protect personal property and exclusive right to use of the asset. However, data seems to differ from the normal property. Without the understanding of data and its industry, applying law under the custom would prevent the growth of new industries. It is hard work to harmonize between regulating and supporting data industries in law. Paradoxically, the behavior of a corrupt police officer is the basis for a consistent interpretation of the law.

3AI norms for global digital community

저자 : Lee Hyunmok

발행기관 : 홍익대학교 법학연구소 간행물 : 동북아법 14권 0호 발행 연도 : 2022 페이지 : pp. 85-110 (26 pages)

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AI is literally deeply embedded into our daily life with rapid speed of digitalization, which is notably accelerated by the recent outbreak of COVID 19 pandemic. It is changing every aspect of human life and shaping new lifestyle with great convenience. New trade agreements, therefore, are established for digital economy and they include essential provisions for the use and development of AI. To be specific, since digitalization is characterized as a process for 'crossing the borders', AI provisions are incorporated to the entire context of the new agreements. At the same time, use of AI asks more difficult ethical questions. In armed conflicts, for example, when AI war machines cause casualties of innocent civilians, who should be responsible for the consequences?
Neither domestic nor international laws yet provide appropriate resolutions. This article first demonstrates both promising and depressing aspects of AI use and explores existing AI ethics. The regional ethics are drafted in various terms and share basic principles. Considering that the technology prefers less regulations, new international framework for AI can be based on the ethics provisions. Ultimately, the article suggests that international norms for AI use should be drafted and encourage voluntary participations of global community with respect to tentative rule-making process.

4Korean Government's Possible Resolution against The Harsh Enforcement of Foreign Corrupt Practices Act.

저자 : Yu Seungryong

발행기관 : 홍익대학교 법학연구소 간행물 : 동북아법 14권 0호 발행 연도 : 2022 페이지 : pp. 111-126 (16 pages)

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Foreign Corrupt Practices Act is one of the most important law in international business. Business entities have high risk to violate the FCPA because it remains the definition of its terms less clear. Additionally, Department of Justice (DOJ) and Securities and Exchange Commission (SEC) enforce the law more harshly than prior era.
Amid the harshness of the enforcement, the major corporation embarks to recognize comply to the law. However, because of the uncertainty of the law and harshness, business entity does their job more restrictive. Therefore, if the government suggests some standard and dissolve the uncertainty through the regulation or recommendations, the corporations can do business more readily in the country.
This Article overview the FCPA and how DOJ and SEC open the investigation. With comparing FCPA and Korean laws to deal with corrupt, this article provides some resolution and supplement to the law. Those solutions would lower the risk of doing business in Korea.

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6“We Uyghurs Have No Say” by Ilham Tohti - Lessons on Colonialism from an Imprisoned Chinese Dissident

저자 : Jeremy Ray Jewell

발행기관 : 홍익대학교 법학연구소 간행물 : 동북아법 14권 0호 발행 연도 : 2022 페이지 : pp. 133-145 (13 pages)

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