Anonymity, Privacy, and Expressive Equality: Name Verification and Korean Constitutional Rights in Cyberspace

John Leitner 서울대학교 아시아태평양법연구소 2015 Journal of Korean Law Vol.14 No.2

Korea’s introduction of a name verification system for users of certain Korean websites raised a variety of policy- and rights-based concerns. After several years of political, social, and legal debates, the Korean Constitutional Court ruled that this system, as implemented, unconstitutionally restricted certain basic constitutional rights, including freedom of expression. While the Constitutional Court exercised judicial restraint and employed a prudential approach in its decision, it failed to consider the primary constitutional harms imposed by name verification. I propose that the best defense for anonymous expression, and the most compelling argument against legal identification requirements online, is that Korean citizens are entitled to freedom from prejudicial governmental burdens on their expressive opportunities. Expression is central to participation in a free democracy, forming a powerful basis for the advancement of the rights of otherwise marginalized individuals and groups. It is also essential to one’s dignity within the society. Imposing an ex ante identification requirement effectively undermines the Internet’s unique power for facilitating expression. Mandatory name verification and other similarly burdensome obstacles to online expression disparately impact vulnerable groups, and therefore violate constitutional rights to expression, privacy, and equality. Korea’s unique experiences with name verification are instructive for other nations facing the tension between free expression and competing social objectives.

Identifying the Problem: Korea`s Initial Experience with Mandatory Real Name Verification on Internet Portals

( John Leitner ) 서울대학교 법학연구소 2010 Journal of Korean Law Vol.9 No.1

In 2007, Korea implemented the world’s only mandatory real name verification system for individuals wishing to post content on popular Korean internet portals. This system, which expanded in 2009 to include additional portals, has so far been relatively ineffective at its stated purpose of reducing instances of online libel. Together with Korea’s censorship of certain internet sites, the real name verification system distinguishes Korea as regulating internet use more heavily than other democratic societies. I argue that the real name verification system is unlikely to successfully deter future acts of cyber libel, but will rather hinder socially useful online activities, such as free expression on matters of social and political significance. Possible means for strengthening enforcement of the real name verification system would provide little promise of preventing defamation while further interfering with freedom of expression and personal privacy. I propose that Korean law can more effectively balance protection of private reputations with individual liberty interests by changing the real name verification system from a mandatory requirement to an internet portal opt-in system. Korea might also consider an emphasis on civil remedies as a means for minimizing the occurrence and consequences of cyber libel while simultaneously preserving a free and collaborative internet.

The Expansive Canopy of Korean Green Growth: Key Aspects for Forest Conservation Projects in Southeast Asia

( John M. Leitner ) 서울대학교 법학연구소 2011 Journal of Korean Law Vol.10 No.2

This article provides an international law context for Korea’s Low Carbon, Green Growth Fundamental Act (the “LCGGFA”) in order to illustrate potential applications of the LCGGFA in multinational forest conservation-related projects. The international law of sustainable development and ongoing efforts to address climate change are described. Korea’s relevant history and recent lawmaking are then introduced, with a special focus upon the LCGGFA’s structure and its distinctive features. The article then analyzes potential transplantations of various concepts and structures of the LCGGFA to other legal systems. The final section of the article focuses upon particular methods by which Korean law and policy can facilitate forestryrelated conservation and sustainable economic development projects, such as in heavily rainforested nations of Southeast Asia. I hope that this assessment will prove helpful as governments and private parties consider concrete steps to achieve durable and equitable carbon emission reductions in the forestry sector.

Anonymity, Privacy, and Expressive Equality: Name Verification and Korean Constitutional Rights in Cyberspace

( John M. Leitner ) 서울대학교 법학연구소 2015 Journal of Korean Law Vol.14 No.2

Korea’s introduction of a name verification system for users of certain Korean websites raised a variety of policy- and rights-based concerns. After several years of political, social, and legal debates, the Korean Constitutional Court ruled that this system, as implemented, unconstitutionally restricted certain basic constitutional rights, including freedom of expression. While the Constitutional Court exercised judicial restraint and employed a prudential approach in its decision, it failed to consider the primary constitutional harms imposed by name verification. I propose that the best defense for anonymous expression, and the most compelling argument against legal identification requirements online, is that Korean citizens are entitled to freedom from prejudicial governmental burdens on their expressive opportunities. Expression is central to participation in a free democracy, forming a powerful basis for the advancement of the rights of otherwise marginalized individuals and groups. It is also essential to one’s dignity within the society. Imposing an ex ante identification requirement effectively undermines the Internet’s unique power for facilitating expression. Mandatory name verification and other similarly burdensome obstacles to online expression disparately impact vulnerable groups, and therefore violate constitutional rights to expression, privacy, and equality. Korea’s unique experiences with name verification are instructive for other nations facing the tension between free expression and competing social objectives.

Korea’s Access and Benefit Sharing Regime: The Nagoya Protocol, Domestic Legislation, and Future Steps

조아영,John Leitner,이재협 서울대학교 아시아태평양법연구소 2018 Journal of Korean Law Vol.17 No.2

The Nagoya Protocol on access and benefit sharing of biological genetic resources is an international agreement that aims to share the benefits arising from the use of genetic resources in a fair and equitable way. It is considered one of the great innovations in global environmental governance and is expected to generate new opportunities for scientific progress. Korea has made considerable efforts to address the upcoming changes in global governance for access and benefitsharing (ABS). This paper provides an analytical survey of Korean biodiversity law and then summarizes and evaluates the legal and policy responses of the Korean government to ABS, with a focus on marine biological resources. Government departments differ as to the best approach to ABS in the Korean legal system, and the necessary incentives may not yet be present for the final resolution of ABS in Korean law. The Nagoya Protocol on access and benefit sharing of biological genetic resources is an international agreement that aims to share the benefits arising from the use of genetic resources in a fair and equitable way. It is considered one of the great innovations in global environmental governance and is expected to generate new opportunities for scientific progress. Korea has made considerable efforts to address the upcoming changes in global governance for access and benefitsharing (ABS). This paper provides an analytical survey of Korean biodiversity law and then summarizes and evaluates the legal and policy responses of the Korean government to ABS, with a focus on marine biological resources. Government departments differ as to the best approach to ABS in the Korean legal system, and the necessary incentives may not yet be present for the final resolution of ABS in Korean law.

The Road to Doha through Seoul: The Diplomatic and Legal Implications of the Pre-COP 18 Ministerial Meeting

이재협,John M. Leitner,정민정 서울대학교 아시아태평양법연구소 2012 Journal of Korean Law Vol.12 No.1

International climate change negotiations reached a critical crossroads in 2012. Facing the conclusion of the Kyoto Protocol and with no successor regime yet negotiated, nations have been compelled to re-engage in substantive and far-ranging discussions. The nation of Korea has distinguished itself in this process, in particular by hosting the final ministerial meeting prior to this year’s Conference of the Parties in Doha, Qatar. The Korean government’s willingness to lead has also been evidenced by Korea’s founding of the Global Green Growth Institute, a leading international organization in the area of environmentally responsible economic development, and its successful bid to host the Green Climate Fund secretariat. Korean diplomacy has aided in the consensus to extend the Kyoto Protocol and to continue efforts to implement a new climate change architecture by 2020. The importance of Korea’s facilitative role is enhanced because it has already undertaken significant domestic and cross-border efforts to mitigate greenhouse gas emissions. Korean green growth policy has raised accountability for emissions, stimulated ‘green investment’, and resulted in a domestic emissions trading system to be launched in 2015. In addition, Korea exerts particular credibility on the international stage. As a nation transitioning from developing to developed status, it can liaise between both sides of the ‘north-south’ economic divide. Korea’s role in future COP meetings and other international forums should increase in future years, as nations work urgently to overcome the political barriers to a compromise that can meaningfully mitigate the impacts of climate change.

Korea’s Access and Benefit Sharing Regime: The Nagoya Protocol, Domestic Legislation, and Future Steps

( Ah-young Cho ),( John Leitner ),( Jae-hyup Lee ) 서울대학교 법학연구소 2018 Journal of Korean Law Vol.17 No.2

The Nagoya Protocol on access and benefit sharing of biological genetic resources is an international agreement that aims to share the benefits arising from the use of genetic resources in a fair and equitable way. It is considered one of the great innovations in global environmental governance and is expected to generate new opportunities for scientific progress. Korea has made considerable efforts to address the upcoming changes in global governance for access and benefitsharing (ABS). This paper provides an analytical survey of Korean biodiversity law and then summarizes and evaluates the legal and policy responses of the Korean government to ABS, with a focus on marine biological resources. Government departments differ as to the best approach to ABS in the Korean legal system, and the necessary incentives may not yet be present for the final resolution of ABS in Korean law.

Korean Green Growth: A Paradigm Shift in Sustainability Policy, and its International Implications

( Hong Sik Cho ),( John M. Leitner ),( Jae Hyup Lee ),( Seong Wook Heo ) 서울대학교 법학연구소 2014 Journal of Korean Law Vol.13 No.2

This article evaluates Korea’s green growth law and policies in order to assess the role of green growth in international environmental law. We provide a short overview of Korean law and policy and contextualize Korean green growth by comparing it to the OECD’s green growth vision. We then critically examine green growth from administrative and international law perspectives. Building on this analysis, we consider how the Korean domestic experience, and the initial efforts made to “transplant” aspects of green growth in other nations, can provide insight into future environmental and economic policies. While proponents of green growth continue to face significant challenges in Korea and abroad, there have been notable initial successes. Korea’s forthcoming introduction of an emissions trading system and the collaboration between Korea and Cambodia to develop Cambodia’s institutional capacity for green growth are two conspicuous examples. Green growth remains a promising framework in Korea and abroad; its ultimate impact will depend upon sustained political and social support for the implementation of the ambitious policies green growth prescribes.

Compact Low-cost Scanner for 3D-Reconstruction of Body Parts with Structured Light Illumination

Andreas Tortschanoff,Andreas Fritz,Raimund Leitner 보안공학연구지원센터 2014 International Journal of Bio-Science and Bio-Techn Vol.6 No.5

Human Body Mechanics of Pushing and Pulling: Analyzing the Factors of Task-related Strain on the Musculoskeletal System

Argubi-Wollesen, Andreas,Wollesen, Bettina,Leitner, Martin,Mattes, Klaus Occupational Safety and Health Research Institute 2017 Safety and health at work Vol.8 No.1

The purpose of this review is to name and describe the important factors of musculoskeletal strain originating from pushing and pulling tasks such as cart handling that are commonly found in industrial contexts. A literature database search was performed using the research platform Web of Science. For a study to be included in this review differences in measured or calculated strain had to be investigated with regard to: (1) cart weight/ load; (2) handle position and design; (3) exerted forces; (4) handling task (push and pull); or (5) task experience. Thirteen studies met the inclusion criteria and proved to be of adequate methodological quality by the standards of the Alberta Heritage Foundation for Medical Research. External load or cart weight proved to be the most influential factor of strain. The ideal handle positions ranged from hip to shoulder height and were dependent on the strain factor that was focused on as well as the handling task. Furthermore, task experience and subsequently handling technique were also key to reducing strain. Workplace settings that regularly involve pushing and pulling should be checked for potential improvements with regards to lower weight of the loaded handling device, handle design, and good practice guidelines to further reduce musculoskeletal disease prevalence.