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고려대학교 법학연구원> Korea University Law Review> COMMUNICATIONS SURVEILLANCE IN KOREA

COMMUNICATIONS SURVEILLANCE IN KOREA

K. S. Park
  • : 고려대학교 법학연구원
  • : Korea University Law Review 17권0호
  • : 연속간행물
  • : 2015년 03월
  • : 53-72(20pages)
Korea University Law Review

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In Korea of 2011, a total population of about 50 million, the law enforcement wiretapped 7,167 phones; seized communication metadata (1) for 37.3 million communication facilities (phone numbers, e-mail addresses or other accounts); and seized the subscriber-identifying information for 5.84 million facilities.2 That is just for one year. Per capita, the number of phones wiretapped in Korea was about 9.5 times the United States including the ones issued by Foreign Intelligence Surveillance Court (2,7323 + 1,7894= 4,521) and about 800 times Japan (255) in the same period. As we shall see, comparison on other methods of communication surveillance fares not much better. Although the laws are in place and do require, as other developed countries do, an enhanced court approval for wiretapping 6 and the rejection rate for wiretapping applications is about 4%,7 way higher than the U.S. courts’ rejection rate of 0.03%,8 the sheer volume of communications surveillance conducted by the Korean government needs a lengthy explanation. This report on the country’s surveillance on private telecommunications attempts to provide exactly that. This paper also covers the interplay between the surveillance and the civil society’s response.

UCI(KEPA)

I410-ECN-0102-2015-300-001941702

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  • : 사회과학분야  > 법학
  • :
  • :
  • : 반년간
  • : 1975-7980
  • :
  • : 학술지
  • : 연속간행물
  • : 2007-2017
  • : 152


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1CRIMINAL PROSECUTIONS FOR DEFAMATION AND INSULT IN SOUTH KOREA

저자 : Kyung Sin Park

발행기관 : 고려대학교 법학연구원 간행물 : Korea University Law Review 21권 0호 발행 연도 : 2017 페이지 : pp. 3-19 (17 pages)

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South Korea has strong laws and practice in criminal defamation and insult, affecting people's ability to express their opinions and share information vital for the functioning of a healthy economy and polity. Many criminal defamation cases were filed to protect the reputation of public officials, and many insult prosecutions are filed to protect police officers. Such a trend has been found at odds with an international human rights standard on freedom of speech that has consistently warned against the anti-democratic potentials of criminal defamation and insult laws.
This article reviews both sides of the arguments and presents balanced solutions to the present laws and practice of the country.

2FROM THE COPENHAGEN ACCORD TO THE PARIS AGREEMENT: REACHING CONCORD ON A SINGLE DOCUMENT

저자 : Theodore Okonkwo

발행기관 : 고려대학교 법학연구원 간행물 : Korea University Law Review 21권 0호 발행 연도 : 2017 페이지 : pp. 21-40 (20 pages)

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The Accord de Paris, popularly known as the Paris Agreement, Paris Climate Accord or Paris Climate Agreement, which was concluded on December 12, 2013, marks the first accomplished climate action within the United Nations Framework Convention on Climate Change (UNFCCC) that has determined to deal with greenhouse gas emissions mitigation, adaptation and finance starting in the year 2020. This article appraises the Paris Agreement. First, it juxtaposes the Paris Agreement in the background of the 2009 Copenhagen Accord and the 2010 Cancun Agreements. The article then provides analytical standpoint and brief discussion of existing scholarly literature in the field. It addresses the United States withdrawal from the Agreement. Finally, it examines in detail the outcome and key features of the Agreement. The article concludes with a thought on the likely future and prospects of the Paris Agreement and whether the parties to the Accord possess the political will to tackle the climate change impacts.

3THE CRISIS AND FUTURE OF KOREAN LEGAL EDUCATION: COMPARED WITH THE AMERICAN LEGAL EDUCATION SYSTEM

저자 : Jootaek Lee

발행기관 : 고려대학교 법학연구원 간행물 : Korea University Law Review 21권 0호 발행 연도 : 2017 페이지 : pp. 41-56 (16 pages)

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Korean legal education has been functioning differently from the American legal education system. This article investigates the meanings of Korean legal education and its aspirational goals under Article 2 of the Law School Act, attempts to identify and analyze the current issues of Korean legal education, and makes recommendations to the Korean legal education reformers to help to create a successful legal education system.

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5II. Unjust Enrichment Claim Against a Third Party Supreme Court, 2006Da46278, Decided September 11, 2008 [Unjust Enrichment]

저자 : Eunyoung Kwon , Junha Shin

발행기관 : 고려대학교 법학연구원 간행물 : Korea University Law Review 21권 0호 발행 연도 : 2017 페이지 : pp. 63-67 (5 pages)

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6III. Intent for Negotiorum Gestio in Waste Disposal Supreme Court, 2007Da55477, Decided January 14, 2010 [Waste Disposal Cost]

저자 : Kyoeun Koo , Minhee Park , Sunwoo Ryoo

발행기관 : 고려대학교 법학연구원 간행물 : Korea University Law Review 21권 0호 발행 연도 : 2017 페이지 : pp. 69-74 (6 pages)

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7IV. Insurance Payment Not to be Deducted from Third Party's Liability Supreme Court, 2014Da46211, Decided January 22, 2015, En Banc Decision. [Damages (Etc.)]

저자 : Heesoo Cho , Yoenjoo Lee

발행기관 : 고려대학교 법학연구원 간행물 : Korea University Law Review 21권 0호 발행 연도 : 2017 페이지 : pp. 75-79 (5 pages)

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8V. Consortium Members Can Directly Acquire Claim for Contract Price Supreme Court, 2009Da105406, Decided May 17, 2012 [Claim for Contract Price]

저자 : Heejae Kim , Yunhee Kim , Jeesoo Kim , Suebin Park

발행기관 : 고려대학교 법학연구원 간행물 : Korea University Law Review 21권 0호 발행 연도 : 2017 페이지 : pp. 81-91 (11 pages)

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9VI. Liability for Defect in Construction or Maintenance of a High-Voltage Wire Supreme Court, 2007Da10139, Decided June 28, 2007 [Reimbursement Claim]

저자 : Hyekyung Song , Jiwon Seol , Kyunghoon Ock

발행기관 : 고려대학교 법학연구원 간행물 : Korea University Law Review 21권 0호 발행 연도 : 2017 페이지 : pp. 93-98 (6 pages)

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10VII. When Comparative Negligence Is Not Allowed Due to Principle of Good Faith Supreme Court, 2007Da88644, Decided May 15, 2008 [Price of Purchase and Sale]

저자 : Yohan Lee , Ahlim Ha , Hyunseo Lee , Unhyung Lee

발행기관 : 고려대학교 법학연구원 간행물 : Korea University Law Review 21권 0호 발행 연도 : 2017 페이지 : pp. 99-106 (8 pages)

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1REPORTS ON KOREAN LAW : CRIMEAN CRISIS AND SELF-DETERMINATION

저자 : Esther Song

발행기관 : 고려대학교 법학연구원 간행물 : Korea University Law Review 17권 0호 발행 연도 : 2015 페이지 : pp. 3-9 (7 pages)

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This article analyzes international issues surrounding Crimea's secession from Ukraine and accession to Russia in the context of the exercise of self-determination. Can the secession of the Crimea be recognized by international law as a legal exercise of its self-determination? To answer this question, the following aspects need to be reviewed. First, do the people of the Crimean Republic have the right to secession? Second, was the referendum conducted by the Crimean Republic based on a free and genuine will of the people? Under the current international law, exercise of self-determination in the form of independence must be strictly limited to dire situation where secession is an inevitable option. The secession of the Crimea does not fit the requirement: therefore, it is in violation of the international law. In addition, it is questionable whether the Crimean Crisis constitutes “a free and genuine expression of will of the related people.” That is, it is doubtful whether the referendum that had favored the accession to Russia would have brought about a different result if there had not been the use of force by Russia. Therefore, the secession of the Crimea Peninsula, and the following accession to Russia are all invalid while seriously infringing on the sovereignty of Ukraine. Of course, the reality of international politics makes it hard to regard the accession of the Crimea into Russia downright invalid, which is pointed out as a huge gap between the law and the reality. Aside from the realistic consideration, however, too generous interpretation of the secession could accelerate fragmentation of the international community's state structure, and therefore, should be abstained. More specific criteria for the exercise of self-determination need to be discussed.

2LEGAL REPRESENTATIVES, COMPANY SUPERVISORS AND THEIR ROLES AND RESPONSIBILITIES IN FOREIGN INVESTED ENTERPRISES IN CHINA

저자 : 장굉좌 ( Bill H. Zhang )

발행기관 : 고려대학교 법학연구원 간행물 : Korea University Law Review 17권 0호 발행 연도 : 2015 페이지 : pp. 13-22 (10 pages)

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One of the most common vehicles for entry into Chinese markets by international companies is to establish a wholly foreign-owned entity ("WFOE") or a joint venture company ("JV"). While WFOE and JV are subsidiaries of the foreign parent company, they are also Chinese companies, so they shall be governed by both the Chinese Company Law and the WFOE and JV laws. The Chinese Company Law, WFOE and JV laws require that Chinese companies, including WFOE and JV shall have an appointed legal representative and supervisor or a board of supervisors as the case may be. Since legal representatives and supervisors have some privileges which can affect a company``s operation, the laws set out certain strict qualifications for legal representatives and supervisors as well as legal liabilities on them when they commit misconduct. This article tries to address the development history of Chinese companies, roles of legal representatives and supervisors, responsibilities, qualifications and forbidden activities of legal representatives and supervisors as well as the potential legal liabilities on them when they commit misconduct so that foreign investors can know these issues when establishing WFOE or JV in China and foreign officers can also evaluate whether to act as legal representatives or supervisors in a WFOE or JV.

3THE NATIONAL MECHANISM OF ENFORCEMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS JUDGMENTS BY THE REPUBLIC OF MOLDOVA

저자 : Inga Olarl

발행기관 : 고려대학교 법학연구원 간행물 : Korea University Law Review 17권 0호 발행 연도 : 2015 페이지 : pp. 23-39 (17 pages)

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The Republic of Moldova as a member of the Council of Europe has ratified the European Convention on Human Rights and Fundamental Freedoms and additional protocols of this convention on July 27, 1997. Thus, since the Republic of Moldova deposited the instrument of ratification of the convention, the country``s citizens are able to submit complaints to the European Court of Human Rights regarding the restoration of violated rights and the compensation for the moral or material damages. After the collapse of the USSR and the declaration of independence on August 27, 1991, the Republic of Moldova has experienced a complex stage of transition to a market economy experiencing a major economic downturn which caused corruption in various areas such as politics, justice, business etc. This violates the European Convention on Human Rights by Moldovan authorities and domestic courts of law in the process of judicial examination of criminal and civil cases. Also, it resulted in the increased number of applications submitted to the European Court of Human Rights and condemnation of the government of the Republic of Moldova for the infringement of provisions of the European Convention on Human Rights. Therefore, in the Member States where there is a high level of human rights abuse and a largely increasing number of applications, the European Court of Human Rights has established mechanisms for the enforcement of the ECHR judgments. The purpose of this paper is to provide an overview of the national mechanism of enforcement of the European Court of Human Rights judgments by the Republic of Moldova in order to avoid and prevent the violation of the European Convention on Human Rights in the future by Moldovan authorities and courts of law. Despite the existence of a number of state institutions which are competent to exercise the control of the enforcement process of the ECHR judgments in the Republic of Moldova, the situation regarding the protection of human rights has not changed for the better.

4INDONESIAN JUGUN IANFU: SUING JUSTICE ACCORDING TO HUMANITARIAN LAW PERSPECTIVE

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발행기관 : 고려대학교 법학연구원 간행물 : Korea University Law Review 17권 0호 발행 연도 : 2015 페이지 : pp. 41-52 (12 pages)

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During World War II, as estimated, 5000 to 20,000 women in Indonesia were forced to be sexual slaves. Mostly under aged, those women experienced extremely inhumane treatment at army barracks. Furthermore, survivors had to keep their pain, shame, stigma, and guilt as secret. They faced emotional and physical pain, whereas Japanese soldiers were granted freedom from punishment. The systematic sexual slavery began to seize public attention when women``s groups including the Korean Women``s Association demanded an official apology, thorough investigation and proper compensation to the Japanese government in May 1990. Meanwhile, the Japanese government stated that neither the government nor the military was involved with the Comfort Women issue and it was operated by private entrepreneurs. For many years, though the realization is still too slow, Indonesian comfort women have been fighting for their rights to the truth-telling and reparations, as they are neglected and denied of the justice by the Indonesian government in exchange for the state``s political interests and economic relationship with the Japanese government. International Humanitarian Law provides a set of rules that guarantee women``s rights in the time of armed conflict. However, there must be a political will from Indonesian Government to have a role in supporting the Indonesian comfort women to seek justice. Nowadays, it is perhaps something that had been forgotten by history, but it still remains in victim's misery. The historical evidence will be lost if it is not disclosed.

5COMMUNICATIONS SURVEILLANCE IN KOREA

저자 : K. S. Park

발행기관 : 고려대학교 법학연구원 간행물 : Korea University Law Review 17권 0호 발행 연도 : 2015 페이지 : pp. 53-72 (20 pages)

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In Korea of 2011, a total population of about 50 million, the law enforcement wiretapped 7,167 phones; seized communication metadata (1) for 37.3 million communication facilities (phone numbers, e-mail addresses or other accounts); and seized the subscriber-identifying information for 5.84 million facilities.2 That is just for one year. Per capita, the number of phones wiretapped in Korea was about 9.5 times the United States including the ones issued by Foreign Intelligence Surveillance Court (2,7323 + 1,7894= 4,521) and about 800 times Japan (255) in the same period. As we shall see, comparison on other methods of communication surveillance fares not much better. Although the laws are in place and do require, as other developed countries do, an enhanced court approval for wiretapping 6 and the rejection rate for wiretapping applications is about 4%,7 way higher than the U.S. courts' rejection rate of 0.03%,8 the sheer volume of communications surveillance conducted by the Korean government needs a lengthy explanation. This report on the country's surveillance on private telecommunications attempts to provide exactly that. This paper also covers the interplay between the surveillance and the civil society's response.

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