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김상곤,황희정,Kim, Sang-Kon,Hwang, Hee-Joung 한국전기전자학회 2015 전기전자학회논문지 Vol.19 No.4
본 논문에서는 다양한 형태의 개인건강서비스들이 ICBM(사물인터넷, 클라우드, 빅데이터, 및 모바일) 환경에서 제공될 때, 프라이버시 이슈를 포함하여 개인건강서비스에 대한 보안 요구사항이 제안된다. 개인건강과 연관된 서비스들은 클라우드 환경에서 제공될 것이 예상되므로, 우선적으로 클라우드 환경의 보안 요구사항에 대해 조사한 후, 클라우드 환경에서의 직접적인 위협과 간접적인 위협을 포함한 보안 위협을 개인건강서비스의 보안 관점에서 분석한다. 그리고 본 논문에서 의료서비스를 위한 전자의료기록(EMR)에 대한 보안 요구사항에 기반을 두고 개인건강서비스를 위한 보안 요구사항을 도출한 뒤, 클라우드 환경의 보안요구사항이 개인건강서비스의 보안요구사항에 의해 충족될 수 있음을 나타내는 관계를 보임으로서 제안된 개인건강서비스에 대한 보안 요구사항의 타당성을 제시한다. When the variety of personal health services are provided in the ICBM(IoT, Cloud, Bigdata, and Mobile) environment, the security requirements of personal health service(PHS) including privacy issues is proposed in this paper. Because it is expected that the services related to personal health are provided in the cloud environment, the security requirements of a cloud environment is firstly investigated and then security threats including direct and indirect threats in a cloud environment are analyzed in terms of the security of PHS. In addition, the security requirements of PHS is developed based on the security requirements of electronic medical record(EMR) for medical service in this paper, then the validity of the proposed security requirements is shown by the relation between security requirements of cloud environment and PHS to indicate that a security requriement is supported by several security requirements of PHS.
김상곤 한국상사법학회 2013 商事法硏究 Vol.32 No.2
Breaches of representations and warranties clause have increased in recent years, occasionally leading to litigation involving claims for indemnification. However, currently court precedents involving indemnification for breach of representations and warranties are mostly those of lower courts and still in the process of appeal. Therefore, how the Supreme Court of Korea will rule on specific issues related to representations and warranties and breaches thereof is being paid close attention by the legal community. The main subject of interest in connection with recent court precedents is how representations and warranties and indemnification liability arising from breaches thereof will be theorized within the realms of Korean domestic law. Furthermore, determination of the monetary amount of the indemnification liability for breach of representations and warranties is also a topic being hotly debated. This article first introduces the current discussions within Korea on the functions and legal characteristics of representations and warranties clause,then based on such discussions, reviews positions taken by academic theories and court precedents in regards to issues related to indemnification liability for breach of representations and warranties, in particular,recognition of indemnification liability even for purchasers who negligently made purchases or made purchases despite the knowledge of breach of representations and warranties. In addition, this article introduces methods of assessing amounts of indemnification liability currently being considered in Korea and relevant issues thereof. when practice or court precedents on issues of breach of representations and warranties have not been firmly established, it would be premature to reach conclusion at the current stage. However, the tendency of the recent court decisions have been to respect the parties’ certain understandings, it appears likely that practice of drafting agreements based on such tendency will be established. But additional discussions should be made as more precedents regarding representations and warranties are established.