Recent Trends of Law & Regulation in Korea
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Recent Trends of
Law & Regulation in Korea
Vol.30 Autumn 2018 ISSN 2288-4041
Expert Column
- Current Trends in Korea’s Medical Disputes
and Dispute Settlement System
Interview to the Korean Legal System
Introduction
- -
Korea Institute
Introduction of Intellectual
to the Property
Foreign Legal Consultant System in Korea
Ministry of Justice at a Glance
Interview
- -
UGNISDR
overnment
OfficeFund Recovery Litigation
for Northeast Asia and Team
Global Education and Training Institute
Recent Trends of Vol.30 Autumn 2018 Publisher Feature contributors
Law & Regulation in Korea
Dr. Park Sang-ki /
Minister of Justice Interview - Ryu, Taekyu
Editor Ryu, Taekyu is the Vice President for Research at the Korea Institute of Intellectual
Lee, Yonggu / Property. Vice President Ryu is an expert in technology management. Mr. Ryu has
Deputy Minister for Legal Affairs conducted various researches in the fields of policies and strategies on intellectual
property, technology transition, technology valuation and more. He majored in
Director
electrical engineering at Seoul National University and holds a master’s degree and
Han, Changwan / cwhan@korea.kr
a Ph.D. in Technology Management, Economics and Policy from the same school.
Vice Director
Sanghyun Kim / sk5677@korea.kr
Translator Ministry of Justice at a Glance - Hwang, Jin A
Rim, Na-hyun / rim1124@korea.kr
Hwang, Jin A is a Prosecutor at the Litigation Division within the Legal Affairs
Kim, A Rong / arongkim22@korea.kr
Bureau of the Ministry of Justice. Prior to working at the Ministry of Justice,
Special Thanks to Prosecutor Hwang served as prosecutor in Daegu District Prosecutors’ Office.
She passed the 47th National Bar Exam and completed the Judicial Training &
Kwang Woo Kim Eunchai Oh
Yeon Soo Cho Research Institute (38th). Ms. Hwang majored in law at Hanyang University and
Yeojin Kim
Jaehyun Lee Dahyun Kim completed the visiting scholar program at Paris 1 Pantheon-Sorbonne.
Jeongmin Lee Chanyong Kwon
Jueun Lee Yejina Kim
Soyoung Lim Chonghoon Lee
Law and Regulation Jiheon Park Deulre Min
So Yeon Park Minseong Kwon
04 Enactments and Amendments of Law
Suebin Park Hyeona Kim
12 Court Decisions Yoonjin Park Soyeon Shim
Interview
24 Korea Institute of Intellectual Property (KIIP)
Edited in International Legal Affairs Division
Recent Events Designed by AandF communication
30 Minors Who Were ‘Sexually Violated’ Are Entitled to Claim for Damages Published by Ministry of Justice
Cover Story
Even After Reaching Adulthood
The cover photo of the 30th Recent Trends
31 10 years since the Introduction of Smart Entry Service and the Number of
of Law & Regulation in Korea depicts the
colors of fall foliage in Korea and its blue Users Exceeds 100 million
sky. Since mountains take a great part of
landscape in Korea, the breathtaking fall
foliage is definitely Korea’s main attraction
Policies of the Ministry of Justice
in the fall. Some of the most popular 32 MOJ Holds Exhibition of Works by Crime Victims Ministry of Justice, Government Complex
mountains to enjoy the magnificent Gwacheon, 47 Gwanmoonro, Gwacheon-si,
scenery are Seoraksan, Naejangsan and 33 Crime Victim Support Centers
Daedunsan.
Gyeonggi-do, 427-720, Republic of Korea
Ministry of Justice at a Glance
34 Government Fund Recovery Litigation Team TEL: 82-2-2110-3661
Photograph by FAX: 82-2-2110-0327
Choi, Cho
Deputy Director
International Legal Affairs Division
Law in Your Daily Life
38 A Wind of Change in Korea’s Working Atmosphere: the New 52 Hour Limit
Living in Korea Emblem
The Republic of Korea government has changed its was inspired by the font used in the “Hunminjeongeum ”
42 Summer Public Holidays in Korea official “government identity.” The new logo conveys (1446), the original Hangeul text, in consideration of the
the dynamism and enthusiasm of the country with the harmony embodied in the taegeuk circle. Starting
List of Useful Organizations three colors of blue, red and white. It echoes off Korea’s March 2016, the new logo is used at all 22 ministries
national flag Taegeukgi with the taegeuk circular swirl including the Ministry of Justice and 51 central
44 Government Departments
and the blank canvas embodies in white. The typeface government agencies.
47 Readers Survey
Autumn 2018 Vol.30
03
Recent Trends of Law & Regulation in Korea | Law and Regulation
The National Assembly of the Republic of Korea
Enactments and
Amendments of Law shall be decided by the application of the guardian, the guardian
supervisor, ward of court, and etc. 03 Special Act on Remedy for Damage Caused
C The decision to dismiss the application for change may be by the April 16 Sewol Ferry Disaster,
NOTE: The translation is NOT official. It only serves as a guideline.
immediately appealed by the guardian, the guardian supervisor, or the Assistance Therefor, etc.
ward of court. Act No. 15461, Mar. 13, 2018, Partial Amendment
Legislative Intent
D If the family court makes a judgment on parental rights, the mother The State shall do its best to recover the remaining bodies and the act
01 Family Litigation Act will be able to hear the statements of her ex-spouse and the adult allows the State to exercise compulsory right to the person who
Act No. 14961, Oct. 31, 2017, Partial Amendment guardian. provided the cause of the accident to fully compensate for the cost of
salvaging Sewol Ferry. Furthermore, the act provides a basis for
Legislative Intent compensation for any damages caused by oil pollution from the salvage
For children born within 300days from the termination of the marital 02 Act on the Promotion of Collaborative operation.
relationship, getting permission from the family court to exclude
paternal presumption from the mother or the mother’s ex-husband is
Cooperation between Large Enterprises and Main Contents
simpler than filing a denial of paternity. Furthermore, according to the Small-Medium Enterprises A The purpose of this act is to commemorate the victims of the
amendment of civil law which allows the biological father to recognize Act No. 15081, Nov. 28, 2017, Partial Amendment disaster following the submergence of the Sewol ferry in the sea near
his child, court jurisdiction should be selected to examine the permission Legislative Intent Jodo-myeon, Jindo-gun, Jeollanam-do on April 16, 2014, and to promote
to grant denial of paternity case. Also, ex-husbands should be allowed In order to activate win-win settlement, a definition clause on win-win community recovery in the disaster areas by providing the persons who
to hear the statement made in the corresponding trial in order to protect settlement has been newly established. In the case where the entrusted suffered physical, mental or economic damage with prompt relief and
their procedural interests. company has received a settlement payment in a win-win settlement assistance and mental stability, etc. (Article 1)
welfare person and enhance the supervisional function of the court. system and in addition to providing legal grounds for rewards and
In principle, the cases related to guardianship after the commencement taxation support for the proliferation of win-win settlement systems. B The obligation of the State to prevent disasters in advance and to
of judgments such as the initiation of guardianship shall be Main Contents The purpose of this act is to provide a basis for the joint growth protect the people from dangers of disasters is confirmed. April 16
jurisdictionalized by the family court, and if necessary for the benefit of A Permission of denial of paternity will be added to case in non-litigious committee to request large companies and small and medium-sized Sewol Ferry Disaster Compensation Deliberative Committee (hereinafter
the ward. It is possible to change the jurisdiction to the family court at family case and the jurisdiction of the corresponding case shall be at the enterprises organizations to submit necessary materials or to attend referred to as “Deliberative Committee”) shall be established under the
the address of the judge by the decision of the family court in family court of the child’s address. meetings so that the consensus of appropriate industries can be drawn Prime Minister to deliberate and adopt a resolution on matters
accordance with the application of the directorship or the guardian, smoothly. concerning compensation, etc. with regard to the April 16 Sewol ferry
guardian supervisor, or ward of court to protect the interests of the B If it is necessary for the benefit of the ward, the court’s jurisdiction disaster. (Article 5)
Recent Trends of Law & Regulation in Korea Autumn 2018 Vol.30
04 05
C Compensation refers to the compensation prescribed under relevant submit it to the Deliberative Committee. An applicant shall file the who were in the second year at Danwon High School at the time of the rewards, living allowance, etc., or other supports in accordance with this
Acts, such as the Civil Act and the State Compensation Act for the application within six months after this Act is enforced, while any April 16 Sewol Ferry Disaster. (Article 28) Act, or where the payment or support is made by mistake, etc., (it)
damage incurred from the April 16 Sewol ferry disaster (including oil applicants who cannot file an application within this period due to makes it possible for the State, etc., to recover the corresponding
spills and cargo damage). Pursuant to Article 469(1) of the Civil Act, the extenuating circumstances, such as, overseas domicile for a certain O The Minister of Education and the superintendent of education shall amount. If the refund is not made within a designated period of time,
State may pay damage compensation by subrogation, and shall ensure period of time, shall file an application within six months from the date formulate and implement a plan to support education normalcy for the state, etc. shall collect it according to examples of disposition of
that ex gratia payments (including an amount determined to be paid to the circumstances cease to exist. (Article 10) Danwon High School. The plan shall include matters but not limited to delinquent national tax or local tax (Article 46).
each sufferer pursuant to relevant Acts from the funds acquired for the matters concerning improvement of the educational environment such
April 16 Sewol ferry disaster) be made to the sufferers. The specifics, H The Deliberative Committee may file an application for as school facilities, equipment, etc. and matters concerning the securing U A person who receives or assists others to receive living allowance
such as, the standards and procedure for making ex gratia payments, re-deliberation from the Committee within 30 days of receipt of the and placement of school faculty and preferential treatment. (Article 33) under this Act in a false or other dishonest manner shall be punished by
etc. shall be determined at the Deliberative Committee in consideration original copy of the written decision. (Article 14) imprisonment for not more than 5 years or a fine not exceeding 50
of the relationship with the victim, degree of damage, circumstance of P In consideration of the special characteristics of sufferers and the million won (Article 47).
fostering, fulfillment of the duty to support, etc. (Article 6) I If an applicant accepts the determination of the Deliberative communities of the Ansan region, the State shall establish an Ansan
Committee on the payment of compensation or ex gratia payments, a trauma center to comprehensively manage the mental health of
D The State shall compensate for losses sustained by the following judicial compromise under the Civil Procedure Act shall be deemed to sufferers. The State, etc. shall operate the center and matters necessary 04 Enforcement Decree of the Act on Support
persons: fishermen who directly engaged in the rescue or settlement of have been reached between the State and the applicant. (Article 16) for the establishment and operations of the center, and delegation of the
the April 16 Sewol ferry disaster, who suffered damage from restrictions operation thereof shall be provided for by Presidential Decree. (Article
of Disaster Medical Expenses
J The State shall be subrogated to a claim for compensation against a Presidential Decree No. 29001, Jun. 26, 2018, Enactment
on fishing activities or suffered loss of fishing tackles due to search 35)
activities, etc.; Jindo-gun residents who suffered losses due to reduction person other than the State for up to the amount paid to the applicant Legislative Intent
in marine products following the April 16 Sewol ferry disaster, or who according to the determination on payment and the determination on Q To commemorate the victims of the April 16 Sewol ferry disaster and The Act on Supporting Catastrophic Medical Expenses (No. 15349;
suffered damages to fishery production due to relinquished fishing temporary payment. (Article 18) to conduct education to prevent maritime accidents, the State, etc. shall Announced on January 16, 2018; enforcement effective on July 1,
opportunities or poor sales of marine products. The standards for implement creation of a memorial park, construction of a memorial 2018) has been enacted in order to guarantee access to medical care
arranging the compensation amount shall be provided for by Presidential K The State and the local government (hereafter, “the State, etc.”) museum, erection of a monument, etc.; in case where local governments and to contribute to the protection of health by providing medical
Decree in consideration of the causation between the damage and the shall devise measures to support sufferers from the recovery of physical, implement such projects, the State shall provide support. (Article 36) expenses for where health insurance does not cover, so as to prevent
April 16 Sewol ferry disaster, the degree of damage, etc. (Article 7) mental or economic harm and shall provide comprehensive support such problems of not receiving sufficient treatment due to economic burden
as education, health, welfare, care, employment and living expenses to R To efficiently promote support for sufferers and projects to when medical expenses exceed patient's economic capacity to pay
E Deliberative Committee shall consist of 15 or less members, sufferers so that such sufferers may arrange the necessary living commemorate victims under this Act, a committee for support for due to diseases, injuries, etc., and the act is intended to establish
including 1 chairperson. Members shall be commissioned or appointed conditions to attain mental stability. Upon establishment of support sufferers and commemoration of victims of the April 16 Sewol ferry matters delegated by law and matters necessary for its
by the Prime Minister among the following persons: judges measures, proactive cooperation shall occur in the examination disaster (hereafter, “support and commemorative committee”) shall be implementation by setting the scope of medical expenses and disaster
recommended by the Minister of the National Court Administration; conducted by the support subcommittee established according to Article established under the Prime Minister. The chairperson of the committee medical expenses, the scope of support targets, criteria for supporting
licensed attorneys recommended by the president of the Korean Bar 16 of the Special Act on Investigating the Truth of the April 16 Sewol shall by chaired by the Minister of the Office for Government Policy disaster medical expenses, method and procedure for payment.
Association as prescribed by Article 78 of Attorney-at-law Act; public Ferry Disaster and Building a Safe Society. (Article 20) Coordination. The support and commemorative committee shall have a
officials belonging to the Senior Executive Service in the Ministry of sectional committee to support sufferers and a sectional committee to Main Contents
Strategy and Finance, the Ministry of Education, the Ministry of Justice, L The State shall devise and implement special support measures to commemorate victims to allocate its duties. The committee shall consist A Scope of Medical Expenses (Article 2)
the Ministry of the Interior and Safety, the Ministry of Health and revitalize the stagnant economy of city of Ansan (Ansan-si) and Jindo of not more than 20 members including a chairperson and the The medical expenses are deemed to be the costs that he or she fully
Welfare, and the Ministry of Oceans and Fisheries, or public County (Jindo-gun) regarding the April 16 Sewol ferry disaster. (Article chairperson shall appoint chiefs and members of sectional committees pays for the matter not covered by the health care benefits or medical
prosecutors; persons with expertise and abundant experience in 22) from among its members. (Article 37) benefits under the National Health Insurance Act or the Medical Care
relevant fields, such as, compensation administration, etc. (Article 8) Assistance Act and costs he or she partially pays in the costs of health
M The State may provide cost-of-living subsidies and medical expenses S (It) makes it possible for the state to commemorate the victims of the care benefits or medical benefits, except for items that lack the needs
F Deliberative Committee shall conduct fact-finding surveys as support to sufferers. The State may support sufferers (including the April 16th Sewol Ferry disaster by carrying out projects such as for support such as cosmetics, plastic surgery, and medical care for the
deemed necessary for deliberating or adopting a resolution on matters spouses of lineal descendants and the spouses of siblings of victims) the operation and management of memorial facilities and implementation of prevention of diseases.
concerning compensation or temporary payment. Where deemed expenses needed for the medical checkup or treatment of any physical memorial ceremonies, and to contribute to or support the Foundation
necessary to conduct such surveys, the Committee may request the or mental illnesses, etc., aggravated by the April 16 Sewol Ferry (which, as a non-profit corporation established pursuant to the Civil Act B Scope of Disaster Medical Expenses (Article 3)
submission of necessary data or cooperation from relevant disaster. (Article 23 and Article 25) Article 32, is selected by the SupportㆍMemorial Commission pursuant The Disaster Medical Expenses shall cover cases where, in the case of
administrative agencies, individuals, enterprises or organizations, etc. to Article 37(1)(iii); hereinafter referred to as the “4ㆍ16 Foundation”) the recipients and second-lowest income bracket under the National
(Article 9) N The State may subsidize tuition fees, etc. of any of the students who established to contribute to the prevention of the recurrence of major Basic Living Security Act, the total costs of one inpatient treatment at a
attended Danwon High School in Ansan-si, Gyoenggi-do (hereafter, catastrophes for 5 years after its establishment (Article 40). medical institution, the cost of outpatient treatment for a serious
G Persons who intend to receive compensation or ex gratia payments “Danwon High School”) at the time of the April 16 Sewol ferry disaster disease such as cancer within a year or the sum of expenses for
(hereinafter referred to as an “applicant”) shall file a written application as stated by Presidential Decree. The heads of schools under Article 2 of T In any one of the cases where a person received in a false or other inpatient treatment and outpatient treatment exceed the amount
with evidentiary documents prescribed by Presidential Decree and the Higher Education Act may administer special screening to students dishonest manner financial aid such as damages, compensation and prescribed and announced by the Minister of Health and Welfare to the
Recent Trends of Law & Regulation in Korea Autumn 2018 Vol.30
06 07
B The Mayor of Metropolitan Autonomous CitiesㆍGovernor of Social outlines within 30 days on the other hand, the amended act aims to
Self-governing Provinces ㆍMayorsㆍGovernors ㆍHead of Boroughs may prevent negative inter-Korean relations from rendering such outlines
decide to omit part of the relevant investigation and whether or not to or annual agendas ineffective and to form sustainable inter-Korean
pay child allowances if the level of income and property assessed - relations.
based on the data provided by relevant agencies or financial institutions
- is below a certain standard (Article 9).
07 Vocational Education and Training
C Child allowances shall be paid to the child or his/ her guardian on a
regular basis every month, in cash, from the month in which the
Promotion Act
Act No. 15525, Mar. 27, 2018, Partial Amendment
application for the payment of child allowance is received until the
delivery of the month in which the child’s 6th birthday arrives, but may Legislative Intent
also be paid in any other method prescribed by the ordinance of the The recent outbreaks of safety hazards and violation of rights
local government (Article 10). regarding vocational education trainees at industrial sites calls for
reformations to the current system of vocational education field
D In cases which the guardian commits a crime of child abuse and is training.
ordered to take provisional measures or any other court orders to protect In response to this, this amendment serves to incorporate within the
the abused child etc. and the recipient child must be protected, the child basic agenda for vocational education training the protection of the
allowance may be paid to another guardian (Article 12). basic rights and safety of vocational education trainees, to exclude
those trainees which are still enrolled in school as defined by the
extent of not exceeding the standard median income of a one-person E In the event that the recipient child stays overseas for more than 90 Elementary and Secondary Education Act from mandatory field
household, and in the case of others, the amount prescribed and 05 The Child Allowance Act days, the payment of child allowance shall be suspended from the training, to make possible the imposition of administrative fines on
announced by the Minister of Health and Welfare considering the size of Act No. 15539, Mar. 27, 2018, Enactment month following the month in which the cause occurred to the month in industrial companies or entities in charge of field training for any
the family that he or she is included and its annual income, etc. which the cause disappears (Article 13). violations or breaches of contract in the procedure of the training, and
Legislative Intent to change the rules for the principal notifying agent of the standard
C Persons Eligible for the Catastrophic Health Expenditure Support Despite the fact that children are valuable members of our society and memorandum of understanding to be the Minister of Education rather
(Article 7) an important generation that will be responsible for the future of our 06 Development of Inter-Korean Relations Act than the previously designated current Minister of Employment and
Those who are recognized as beneficiaries according to the National society, we have been passive in providing financial and policy support Act No. 15431, Mar. 13, 2018, Partial Amendment Labor. By doing so, a safer environment for field training and the
Basic Living Security Act, those who have been relieved of part of the to children. protection of basic rights of vocational educational trainees will be
user charges as a person with a rare and incurable disease, disability Therefore, we expect to strengthen the responsibility of the state for Legislative Intent and Main Contents better formulated and guaranteed.
pension recipients, and those belonging to the near poverty groups shall child care by giving out child allowance to children under 6 years of Sustainable development in inter-Korean relations between the North
of course be eligible for support. In addition, persons who meet the age taking into account the economic level of their parents and and the South requires support from the general public, and this in Main Contents
standards notified by the Minister of Health and Welfare in guardians. This enactment will also reduce the economic burden of turn necessitates active publicity promotion efforts along with high A The Amendment provides grounds for incorporating essential provisions
consideration of income, property, etc. may also be subject to the raising children as well as create a healthy growth environment for levels of public engagement. However, the current legislative status for the protection of basic rights and assurance of the safety of vocational
catastrophic health expenditure support. children. holds no clear or explicit provisions regarding the launching and education trainees to the basic agenda for vocational education training
operation of public participation projects for sustainable development .(Article 4-2-(3)-2 is newly added)
D Standards for the Catastrophic Health Expenditure Support (Article 11) Main Contents in inter-Korean relations.
1) The amount equivalent to 50/100 of the sum of the following A Child allowance shall be paid to the child under 6 years of age at a Moreover, although the current legislation demands the government to B Those trainees that are still enrolled in school as defined by Article 2 of
expenses are to be supported: part of the user charges that are not monthly wage of 100,000 won considering the economic level of the establish and report on outlines for improving inter-Korean relations the Elementary and Secondary Education Act are exempted from
reflected in the calculation of the upper limit of the user charges - such household reflecting the income and property of their guardians and as well as its corresponding annual procedural agenda every 5 years compulsory or mandatory industrial field training. (Article 7-1)
as medical expenses for the non-payment items under the National household members, household characteristic and etc. However, the so as to provide mid and long term goals in inter-Korean relations and
Health Insurance Act or the Medical Care Assistance Act and selective standard for selecting the child allowance recipient is to be determined to facilitate steady relations, compliance has been scarce due to
health benefit expenses included as part of recuperation income or so that the economic level of the recipient’s household is less than 90% deteriorating inter-Korean relations and confusion over its timeline C The Amendment will allow city or provincial education superintendents
medical benefit costs. of total households that are of two or more persons (Article 4). when reporting to the National Assembly. to establish and operate job support facilities to invigorate vocational
2) The total amount of support shall be made without exceeding one of Thus by procuring various publicity methods to raise public awareness education training. (Article 7-3 is newly added)
the following: the hospitalization or outpatient cost for diseases in A The Minister of Health and Welfare or the Mayor of Metropolitan and developing and operating public participation projects for
which the total number of inpatient and outpatient care days is less than Autonomous CitiesㆍGovernor of Social Self-governing Provinces ㆍMayors improving inter-Korean relations on the one hand, while clarifying the D The principal notifying agent of a standard memorandum of
180 days per year or the amount declared and notified by the Minister of ㆍGovernors ㆍHead of Boroughs may request the submission of data on timeline for reporting to the National Assembly clearly as before the understanding is changed from the Minister of Employment and Labor to
Health and Welfare in the range of 1.5 times of a single household income, property, family relations etc. and make inquiries as necessary opening session of a periodic Assembly, and requiring a reporting the to the Minister of Education (Article 9-1).
median income converted into annual income. to confirm the eligibility of child allowance (Article 7). procedure in case of any changes to the main contents of the said
Recent Trends of Law & Regulation in Korea Autumn 2018 Vol.30
08 09
information to relevant institutions in order to enhance airport security
by blocking transfer passengers’ illegal entrance and so on.
Furthermore, it is pointed out that detainees have not been able to
fully utilize the detention system because even though the current law
stipulates that detainees who have received detention orders or
deportation orders and their guarantors may demand the temporary
release from detention to the head of the Regional Immigration
Service, guidance regarding this matter is not offered.
Consequently, procedures regarding the temporary release from
detention and its revocation are to be posted directly in protection
facilities so that it is easy to see, which will offer guidance regarding
the system to detainees.
Main Contents
A Classify an alien’s status of stay to two main categories: general
status of stay and status of stay based on permanent residency. (Act 10, imprisonment without prison labor for two or more years has been dogs. There is little evidence to hold the owner responsible despite
Article 10(2) and Article 10(3) newly added) finalized. When the necessity to reside in the Republic of Korea is frequent accidents caused by fierce dogs.
1) Every alien who intends to enter the Republic of Korea should be acknowledged even after the revocation of permanent residency and the In addition, there is no legal ground to ban minors from practicing
granted status of stay of either general status of stay where the period requirements for general status of stay is met, allow for the permanent animal dissection. In reality, it is found that animal dissection is
of stay is limited, or status of stay based on permanent residency in residency to be changed to general status of stay. practiced by minors at facilities such as private institutes. Concerns
which permanent residency is allowed. arise that such practices ignore animals’ rights to life and harm the
2) General status of stay is classified as short-term status of stay in D Implementing an ex officio examination system regarding the sentiment of minors.
which an alien is allowed to stay within a 90-day period for tourism or temporary release from detention (Act 65) Therefore, partial amendments were made to improve the system that
E The supervisor of a said industrial entity overlooking the field training visiting purposes, and long-term status of stay in which an alien is Allow the head of the Regional Immigration Service to temporarily tightens the management of fierce dogs by clarifying the definition of
must comply with the contents of the field training memorandum or allowed to stay in excess of a 90-day period for studying abroad, release the detainee from detention not only in cases where there are fierce dogs and establishing legal grounds for quarantine measures
contract (Article 9-3 is newly added). training, investment, etc. claims from aliens who are interned at caring facilities due to matters through newly established legal duties of owners. Amendments also
3) Clarify that those who hold permanent residency are not imposed such as illegal stay and claims from their guarantors or legal aim to enhance awareness of the right to life of animals and to protect
F An administrative fine of up to 500,0000 won may be imposed on the limitations on their activities or period of stay, and decide that an alien representative but also by taking into account the detainee’s the sentiment of minors by banning animal dissection practiced by
supervisor of an industrial entity that has failed to comply with the contents must be of good conduct and must have the capacity to make a living in circumstances and examining their assets, etc. minors.
of the memorandum of understanding for field training (Article 27-2 is order to obtain permanent residency.
newly added). E Posting the Procedures Regarding Revocation of Temporary Release Main Contents
B Implement an emergency suspension of aliens’ departure system. from Detention (Article 66-2 is newly added) A The definition of fierce dogs is newly established. It is required for
G The Amendment decrees that both the Minister of Employment and (Article 29(2) newly added) In order to provide guidance of the system for protected persons, the the owners of fierce dogs to put on protective equipment such as a collar
Labor and the Minister of Education may be agents that impose such An emergency suspension of departure is to be allowed in urgent procedures regarding revocation of temporary release from detention and muzzle when going out. The legal ground is established to execute
administrative fines, as compared to before, in which only the Minister of circumstances when there are grounds for suspecting that an alien has should be posted in a visible location within the facility. quarantine measures without the consent of the owner in the case of a
Employment and Labor had such rights (Article 27-2). committed a crime falling under capital punishment or imprisonment physical injury of a person. (Article 2-3 (2) and Article 13-2 are newly
with or without prison labor either for life or for three or more years, and F Establishing the ground for the use of information of transfer added)
when the alien is liable to take flight. passengers (Article 78-2)
08 Immigration Act The Minister of Justice may request a related agency to provide B In the case of an animal care center whose the designation was
C Special cases concerning the reissuance and revocation of alien information of international transfer passengers in order to prevent the revoked due to animal abuse, the restriction period for re-designation is
Act No. 15492, Mar. 20, 2018, Partial Amendment
registration certificates for those who hold permanent residency (Act 33, illegal entry of the concerning passengers who are likely to commit a extended from the one year to two years. (Article 15-8)
Legislative Intent Article 89(2) newly added) crime in advance.
The amendment intends to clarify the legal status of an alien residing 1) Implement a 10-year term of validity to alien registration certificates C The legal grounds for transfer or donation of laboratory animals are
in the Republic of Korea and strengthen the managing system by for those who hold permanent residency, and require that the certificate newly established; anyone is banned to have minors dissecting animals.
defining the rights of an alien with permanent residency and the be reissued before the term of validity ends. 09 Animal Protection Act (Article 23, Article 24-2 is newly added)
fundamentals regarding their status of stay, implement an ex officio 2) Make the qualifications of the revocation of permanent residency Act No.15502, Mar. 20, 2018, Partial Amendment
examination system regarding the temporary release from detention to stricter than the qualifications of the revocation of general status of
relief the detainees’ rights and reinforce human rights protection, and stay, by allowing revocation only when an alien has committed a crime Legislative Intent
prepare the grounds for being able to request transfer passengers’ under the Criminal Act or others and punishment of imprisonment or The current law does not have a systemic management policy for fierce
Recent Trends of Law & Regulation in Korea Autumn 2018 Vol.30
010 011
she has leaked or exported in violation of one's occupational duty. In
addition, even if the employee carries out the trade secrets legally and
does not fall under occupational breach of trust, if one has the
obligation to discard or return the trade secrets to the company at the
time of departure but has not discarded nor returned them with the
purpose of leaking them to a rival company or using them for one's
benefit, occupational breach of trust is consummated at the time of
resignation.
However, once the employee leaves the company, without any special
circumstances, the retired employee can no longer be regarded as being
in the position of a person who handles the affairs of others in the case
of occupational breach of trust. Even if a trade secret which has not
been returned or discarded as described above is leaked to a competitor
or is used personally for one's own benefit, it shall be no more than the
act of executing occupational breach of trust. Thus, it does not
constitute the crime of occupational breach of trust, while whether the
Court
leak or act of use falls under the violation of Unfair Competition
Prevention and Trade Secret Protection Act (Leaking Trade Secrets, etc.)
will be considered separately. Also, unless the resigned employee can
Decisions
be recognized the status of one who handles the affairs of others, even
if a third party conspired or engaged in the leakage/utilization for
personal use, the complicity with a person who commits occupational
breach of trust can not be constituted without circumstances where he
NOTE: The translation is NOT official. It only serves as a guideline. or she is in the position of handling the affairs of others.
Main Issues and Holdings (Source: Supreme Court of Korea)
The time of consummation (= at the point of leaking or carrying out
posting an Internet link does not by itself constitute a reproduction or information) of occupational breach of trust in the case in which an
01 Supreme Court Decision 2012Do13748 Decided March 12, transmission as prescribed under the Copyright Act. employee who has leaked trade secrets or essential business assets to a 03 Supreme Court Decision 2015Doo44493 Decided October 12,
2015 [2] Under the Criminal Act, “aiding and abetting” refers to an act of rival company or personally use such assets for the purpose of making an 2017
Aiding and Abetting Violation of the Copyright directly/indirectly assisting a principal offender in committing a crime. improper profit and the time of consummation (=at the point of leaving a Affirmation of Nullity of Dismissal
However, the act of linking on the Internet is merely an indication of company) in the case where an employee who has legally carried out
Act location or route to the web page that the link intends to connect. assets such as trade secrets but failed to comply with the order to return Main Issues and Holdings
Main Issues and Holdings Therefore, even if users clicking on the link are forwarded to such web or destroy them when leaving the company for the same purpose. [1] In the case where an employee who has made a labor contract with
[1] Whether the act of posting an Internet link constitutes a reproduction pages, etc., which may infringe a copyright holder’s right to reproduction Whether occupational breach of trust is separately constituted in the a defined period is granted a legitimate expectation of the renewal of
and transmission according to the Copyright Act (negative) or public transmission by posting copyrighted materials or transmitting case where the resigned employee has leaked business assets such as the contract, the effect of the user’s unfair refusal of labor contract
[2] In the case where Internet users may, by clicking a link, access a web copyrighted materials to Internet users without having obtained any trade secrets to a rival company or personally used them rather than (negative), whether the labor relationship after expiration is same as the
page or any website of a similar nature which posts or transmits license or permission from the copyright holders, the act of linking returning or destroying concerning assets. renewal of previous labor contract (affirmative)
copyrighted materials to Internet users without any license or cannot by itself facilitate commission of infringement. As such, it shall Whether the complicity with a person who commits occupational breach [2] Criteria for judging whether there is a reasonable reason of rejecting
permission from the copyright holders, thereby infringing the copyright not be deemed aiding and abetting an act of copyright infringement. of trust is constituted in the case where a third party engages in leakage the renewal for the fixed-term labor contract despite the legitimate
or right to communicate with the copyright holders, whether the act of and utilization for a personal use. expectation of renewal, and the subject of proof responsibility for such
posting an Internet link alone constitutes aiding and abetting copyright (Source: Supreme Court of Korea) circumstances (=user) / How to determine the user’s claim in the case
infringement (negative) Summary of Decision where the user refuses a renewal on a large scale, insisting that a fixed-
The subject of occupational breach of trust must be in the position of term worker with a legitimate expectation of renewing a labor contract
Summary of Decision 02 Supreme Court Decision 2017Do3808 Decided June 29, 2017 handling affairs of others. If a company employee leaked trade secrets should be selected through a new recruitment process without prior
[1] “Internet link” is merely a guide or route to locate individual Violation of Unfair Competition Prevention and or essential business assets to a rival company during his or her tenure, consent or specific criteria
copyrighted materials stored in a web page or website connected by or exported them without permission for the purpose of using them for
such link. As such, even if an Internet user clicks on a link that directly
Trade Secret Protection Act (Leaking Trade one's own benefit, occupational breach of trust is consummated, Summary of Decision
connects them to a web page or each copyrighted material, the act of Secrets, etc.) · Occupational Breach of Trust because as a person who handles the affairs of another person, he or [1] In the case of an employee who has signed a labor contract for a
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certain period of time, it is a matter of a course that the relationship of
status as an employee is terminated as the period expires. However, if 04 Supreme Court en banc Decision 2015Do8335 Decided December
there is a provision for the purpose in the labor contract, employment 21, 2017
regulation, collective agreement, etc. that the labor contract will be Violation of the Aviation Security Act; Coercion;
renewed as certain requirements are met even if the period expires, or
although there is no such provision, considering the various
Interference with Business; Obstruction of the
circumstances surrounding the labor relationship, if confidential Execution of Official Duties by Fraudulent
relationship is established between the labor contracting parties that Means; Destruction of Evidence (Convicted
the labor contract is renewed as certain requirements are met, so that Crime: Solicitation of Destruction of Evidence);
the right to justifiable expectations is recognized to the employee that
Concealment of Evidence (Convicted Crime:
the labor contract can be renewed accordingly, it is as ineffective as
unfair dismissal for an employer to refuse to renew a labor contract Solicitation of Concealment of Evidence);
unfairly. Also, in this case, the labor relationship after the expiration of Leakage of Secrets on Official Duties
the period should be regarded as the same as the previous labor
contract is renewed. Main Issues and Holding
[2] The purpose of recognizing the right to justifiable expectations for [1] Meaning of “aviation route” as stipulated under Article 42 of the
the renewal of the labor contracts to employees who have concluded Aviation Security Act
fixed-term labor contracts is to correct unreasonable discrimination Whether the ground passage along which an aircraft transits from the
against fixed-term employees and to strengthen the protection of their time all its doors close after the passengers board until the time all its
working condition by preventing the abuse of fixed-term labor contracts. doors open for their disembarkation is encompassed by the term
Therefore, in case that it is a matter of whether there was a rational “aviation route” (negative) interpretation, which is the essence of the principle of no crime or has the same meaning as air route. The legal definition of air route is
reason for the employer to exclude and refuse the renewal of labor [2] In a case where the Defendant, Vice President of Airline Company punishment without the law, to interpret a penal provision against the stipulated as a “route in the space indicated on the earth’s surface as
contract, even if the employee has the right to justifiable expectations “A,” was indicted on charges of violation of the Aviation Security Act on Defendant’s interest beyond the bounds of the possible meaning of a designated by the Minister of Land, Infrastructure and Transport as
for the renewal that has already been formed, it should be judged on the grounds that she: (a) boarded one of the airline’s planes scheduled to text and language. Statutory construction may well employ a appropriate for the navigation of aircraft, etc.” (Article 2 subparag. 13 of
basis of objective, rational and fair criteria in light of common sense, depart from a foreign airport for Korea; (b) was upset by the way the systematic, logical method, taking into account the legislative intent and the Aviation Safety Act; definition under the former Aviation Act is the
considering the reasons and procedures of renewal refusal based on assigned flight attendant offered passenger services and verbally purpose, chronology of the statutory enactment and amendment, same). Thus, a route can only be an air route when it is used for aircraft
various circumstances surrounding the labor relations concerned such as abused the flight attendant; (c) had the pilot alter the course of the harmony with the entire legal order, and relationship with other flights. In view of the fact that aviation route as a legal terminology has
business purpose and nature of the employer, the condition of the aircraft on a pushback away from the boarding bridge in the ramp and statutes. However, insofar as the statutory text and language been used interchangeably with air route, it can be viewed that
workplace, the status of the employee and the contents of charge return to the boarding gate to drop off the crew member; and (d) thereby themselves consist of relatively clear concepts, such interpretive method legislators also perceived aviation route as a term with the connotation
duties, process of signing an employment contract, whether the caused the alteration of the aviation route of an aircraft in flight by is unnecessary or must be limited in principle. It is all the more so when of “aerial.”
requirements or procedures for the labor contract renewal are force, the case holding that the Defendant’s act of having the aircraft on interpreting penal provisions under the purview of the principle of no (E) By contrast, no legislative material could be found to support the
established and operation status, and whether there is a reason a pushback phase return to the boarding gate does not constitute crime or punishment without the law. proposition that legislators used “aviation route” in this particular penal
attributed to the employee, etc. The burden of proof for such matters causing the alteration of the aviation route of an aircraft (C) In cases where there is no definition clause on a statutory term, in provision in deviation from its ordinary definition to include the meaning
shall be borne by the employer. Especially, it is completely excluding the principle, it should be interpreted according to the generally accepted of ground passage.
right to justifiable expectations of employees’ renewal that the Summary of Decision meaning, such as its dictionary definition. The Standard Dictionary of This offense was first stipulated as a crime in Article 11 of the former
employer refused to renew the labor contracts on a large scale, claiming [1] [Majority Opinion] Korean Language published by the National Institute of Korean Aircraft Navigation Safety Act (Act No. 2742, Dec. 26, 1974), the
that the labor contracts will be renewed only if the employees are (A) Article 42 of the Aviation Security Act provides, “Any person who Language defines aviation route to mean an “airway along which an forerunner of the Aviation Security Act. The minutes of the National
selected through the new recruitment procedure rather than the renewal impedes the normal flight of an aircraft by forcing the aircraft in flight aircraft transits.” From a linguistic point of view, it is clear that the term Assembly Legislation and Judiciary Committee meeting on November
procedure without prior consents procedures or establishing specific (i.e., during navigation) to alter its course by fraudulent means or by aviation route connotes “aerial.” No example could be found where the 26, 1974 for deliberation of the legislative bill in the run-up to the
criteria such as granting add points to the fixed-term employees who force shall be punished by imprisonment with labor for not less than one term “aviation route” is used as a term meaning a passage on the enactment of the former Aircraft Navigation Safety Act lack any
have the right to justifiable expectations to the renewal. Therefore, the year but not more than ten years.” Article 2 subparag. 1 of the same Act ground in relation to aircraft navigation. discussion of the penal provision on this offence, and thus, can hardly
claim should be examined collectively considering whether there is a defines “in flight (i.e., during navigation)” to mean “from the time all the (D) Aviation route was used in other laws to mean “air route.” Article offer any direct clues to the meaning of “aviation route.” Yet the part
managemental or operational need to take such actions as a employer, doors of an aircraft close after passengers board until the time all its 115-2(2) of the former Aviation Act (repealed by Act No. 14116, Mar. 29, explaining the reasons for the proposal reveals that the former Aircraft
whether there is a ground rule for it, whether the employer had tried to doors open for their disembarkation.” However, there is no provision in 2016) provided that when the Minister of Land, Infrastructure and Navigation Safety Act was enacted to provide for the aggravated
avoid it or to minimize the scope of the renewal refusal, whether steps the Aviation Security Act defining what “aviation route” means. Transport issues an air operator’s certificate to an air transport business, punishment of criminal offenders as an implementing legislation of
to select the subject based on reasonable and fair criteria were taken, (B) The principle of no crime or punishment without the law requires he/she should specify the navigation conditions, including the “aviation Korea’s international obligations under the international conventions
whether there was discrimination in the process, etc. crimes and punishments to be stipulated by the law to protect individual route to be navigated.” Article 90(2) of the Aviation Safety Act (Act No. aimed at deterring crimes against civil aircraft.
rights and freedom from the State’s arbitrary exercise of penal authority. 14116, Mar. 29, 2016), which succeeded to the terms of the (F) The object of this offense is an aircraft “in flight (i.e., during
(Source: Supreme Court of Korea) In view of such purport, penal provisions ought to be strictly construed. aforementioned provision, changed “aviation route to be navigated” into navigation).” However, “aviation route” subject to the alteration of
It is impermissible as against the prohibition of expansionist “air route to be navigated.” Thus, it is clear that here, “aviation route” course by fraudulent means or by force is a separate element of the
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crime, and should by itself be interpreted conducive to the principle of comings and goings along a specific navigation route or between depart from a foreign airport for Korea; (b) was upset by the way the the failure to completely perform necessary protective measures and the
no crime or punishment without the law. Aviation route has the destinations.” Thus, it is reasonable and natural to construe aviation assigned flight attendant served nuts to her, a first-class passenger, for hacking incident
connotation of “aerial,” and there is no evidence to support the finding route to mean “a passage along which an aircraft navigates.” its discrepancy with what she knew to be stipulated in the passenger
that legislators used the word to have a broader meaning than its (D) The fact that the term aviation route in the context of this offense is cabin service manual, and verbally abused the flight attendant; (c) had Summary of Decision
dictionary definition. It exceeds the bounds of the possible meaning of a used in close relationship with navigation is also revealed through the the pilot alter the course of the aircraft on a pushback away from the [1] Article 28(1) of the former Act on Promotion of Information and
text and language to construe even the ground passage taken by an structure and organization of the legal text. From the time of the former boarding bridge in the ramp (where it was pushed by a vehicle toward Communications Network Utilization and Information Protection, Etc.
aircraft as an “aviation route” just because an aircraft transit on the Aircraft Navigation Safety Act, the forerunner of the Aviation Security the taxiway), and return to the boarding gate to drop off the crew (amended by Act No. 11322, Feb. 17, 2012; hereinafter “former
ground constitutes “in flight (i.e., during navigation).” Act, the term aviation route was only used as an element of this offense member; and (d) thereby caused the alteration of the aviation route of an Information and Communications Network Act”) stipulates that a
(G) Clearly, recklessly altering the course of an aircraft in transit on the out of the entire statutory provisions, and is qualified by the immediately aircraft in flight by force, the Court affirmed the lower judgment provider of information and communications services shall, when
ground is a highly dangerous act, as it risks clashing with other aircraft adjacent phrase, “of an aircraft in flight (i.e., during navigation).” The acquitting the Defendant of the said charges on the ground that the handling personal information of users, take necessary technical and
or facilities. However, the mere need for criminal sanctions ought not to omission of any separate definition clause on aviation route reveals that Defendant’s act of having an aircraft in a pushback procedure return to administrative measures in accordance with the guidelines prescribed
retract the principle of no crime or punishment without the law. Penal legislators considered the qualifying term “in flight (i.e., during the boarding gate does not constitute causing the alteration of the by the Presidential Decree to prevent loss, theft, leakage, forgery, and
vacuum is unlikely to arise, since such an act not only can be punished navigation)” to be enough to clarify the meaning of aviation route to the aviation route of an aircraft. alteration of or damage to personal information. Subparagraphs 1
as an interference with business against the pilot in command, but also general public. through 6 of said Article 28(1) prescribes the technical and
may constitute an interference with the execution of duties under Article In light of such interrelationship, the term “aviation route” in the context (Source: Supreme Court of Korea) administrative measures to be taken: (i) develop and implement internal
43 of the Aviation Security Act, which may be subject to imprisonment of this offense should be construed not separately as a stand-alone management plans for the safe handling of personal information; (ii)
with labor for not more than ten years, as in many cases the act would term, but rather in the context of the phrase, “aviation route of an install and operate intrusion prevention systems to block illegal access
likely involve assault, intimidation, or fraudulent means. aircraft in flight (i.e., during navigation).” Legislators expanded the 05 Supreme Court Decision 2015Da24904, 24911, 24928, 24935 to personal information; (iii) take measures to prevent the fabrication
[Dissenting Opinion by Justice Park Poe-young, Justice Jo Hee-de, and meaning of the term “in flight (i.e., during navigation)” under the Decided January 25, 2018 and alteration of access records; (iv) develop security measures using
Justice Park Sang-ok] (A) The Standard Dictionary of Korean Language Aviation Security Act to a broader extent than its ordinary meaning, with Damages (Etc.); Damages (Etc.); Damages (Etc.); encryption technology, etc. to safely store and transmit personal
published by the National Institute of Korean Language defines: (a) the clear intention to protect also those aircraft on the ground from information; (v) take measures, such as installing vaccine software, to
aviation route as an “airway along which an aircraft transits; later crimes. As such, it does not exceed the bounds of the possible meaning
Damages (Etc.) prevent viruses; and (vi) take other necessary measures to safely protect
modified into air route”; (b) airway as an “air route”; and (c) air route as to broaden the definition of the term “aviation route,” constituting a personal information. Moreover, based on delegation of Article 28(1) of
a “designated aerial channel for a regularly navigating aircraft.” Yet the phrase in combination with “in flight (i.e., during navigation),” to include Main Issues and Holdings the former Information and Communications Network Act, Article 15 of
object of punishment under Article 42 of the Aviation Security Act is the all “passages navigated by aircraft in flight (i.e., during navigation),” [1] Standard for determining whether a provider of information and the former Enforcement Decree thereof (amended by Presidential
act of causing an aircraft in flight (i.e., during navigation) to alter the whether on the ground or in the air. communications services breached a legal or contractual duty to take Decree No. 23104, Aug. 29, 2011) specifically provides for the necessary
course of its actual transit, not causing the alteration of an air channel (E) Reckless alteration of the course of an aircraft in transit on the necessary protective measures to ensure the safety of personal technical and administrative measures that a provider of information
itself as designated by the Minister of Land, Infrastructure and ground carries a high risk of massive disaster. Thus, the act must be information as defined under Article 28(1) of the former Act on and communications services should take to ensure the safety of
Transport. subject to this offense, which is punishable by imprisonment with labor Promotion of Information and Communications Network Utilization and personal information. Therefore, an information and communications
(B) Depending on the context of a legal text, the expression “aviation for not less than one year but not more than ten years, to support the Information Protection, Etc., or stipulated in an information and service provider is legally obligated to take necessary technical and
route” may be construed to encompass an aircraft’s passage on the legislative intent to heighten the punishment for any act threatening communications service contract administrative measures for the protection of personal information
ground. In fact, controversy over whether an on-the-ground course of navigation safety. Whether on the ground or in the air, an aircraft ought [2] If a provider of information and communications services took stipulated in Article 28(1) of the former Information and Communications
aircraft transit is encompassed by the concept of “aviation route” seems to follow the optimal course under the judgment of the pilot in command necessary technical and administrative measures under the Standard on Network Act.
to have prompted the revision of the term “aviation route” under the and subject to the coordination of air traffic controllers for the sake of Technical and Administrative Protective Measures for Personal Furthermore, in cases where a provider of information and
former Aviation Act into “air route” under the Aviation Safety Act to fit passenger safety, and any act obstructing this mandate needs to be Information (Korea Communications Commission Notice No. 2011-1), communications services collected such information as a service user’s
the context. Thus, the ground for the Majority Opinion on this part deterred by an appropriate punishment. Interference with business whether said provider may be deemed to have breached his/her legal or personal information, upon request, based on the terms and conditions
supports, rather than undermines, the Dissenting Opinion, which under the Criminal Act is only punishable by imprisonment with labor for contractual duty to take necessary protective measures to ensure the while entering into an information and communications service contract,
distinguishes between aviation route and air route. not more than five years or can be punished by a fine instead, which is safety of personal information (negative in principle) then that provider is obligated under said contract to take necessary
(C) Aviation route (pronounced as “hang-ro” in Korean, written as “航 not a proportional punishment for a serious crime involving aircraft Albeit an information and communications service provider took measures to prevent loss, theft, leakage, forgery, and alteration of or
路” in Chinese characters) can be construed based on its Chinese navigation. Interference with the execution of duties under Article 43 of necessary protective measures, as mentioned above, cases where the damage to the user’s personal information collected.
character to mean “a passage (路) for vessels or aircraft (航).” Whereas the Aviation Security Act cannot subsume the act either, since it omits measures taken are assessed as an illegal act or where the provider is However, with regard to the necessary protective measures that a
a vessel navigates along the sea route from port to port, an aircraft “by force” as a means of interference. held liable pursuant to Article 760(3) of the Civil Act provider of information and communications services should take, the
navigates from airport to airport. Although mostly aerial operation, (F) In conclusion, it should be construed that all passages on the ground [3] In a case where: (a) an online portal service operated by Company A following extenuating circumstances should be considered: (a) high risk
aircraft navigation inevitably involves operation on the ground of an along which an aircraft transits from the time all its doors close after the was hacked, resulting in the leakage of members’ personal information; of exposure to illegal acts of invasion, such as hacking, given that
airport for takeoff and landing. Article 2 subparag. 1 of the Aviation passengers board until the time all its doors open for their and (b) service users, including Party A, consequentially sought information and communications services are provided in an “open”
Security Act provides that “in flight (i.e., during navigation)” means from disembarkation are encompassed by “aviation route” under Article 42 of compensation for damages against Company A, the case holding that, online setting, and that networks, systems, and operating systems set
the time all the doors of an aircraft close after passengers board until the Aviation Security Act. although an information and communications service provider’s duty to up by information and communications service providers possess
the time all its doors open for their disembarkation. Also, the Standard [2] In a case where the Defendant, Vice President of Airline Company protect includes having personal information controllers log out after inherent weaknesses; (b) difficulty in ensuring complete security due to
Dictionary of Korean Language published by the National Institute of “A,” was indicted on charges of violation of the Aviation Security Act on browsing the information processing system, Company A is not liable for the pace of technological development or overall transaction cost, etc.;
Korean Language defines navigation to mean “a vessel’s or an aircraft’s grounds that she: (a) boarded one of the airline’s planes scheduled to compensation given that proximate causation is not recognized between (c) hackers, etc. using various methods attack the networks and relevant
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