• Title/Summary/Keyword: Companies Law

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A Study on Establish the Foundation of Electronic Payment System for the Auxiliary Costs of Foreign Trade - Focused on Logistic and Customs Clearance Areas - (수출입 부대비용의 EPS 기반구축에 관한 연구 - 물류.통관부문을 중심으로 -)

  • Shim, Chong-Seok;Yang, Jung-Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.47
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    • pp.185-212
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    • 2010
  • This study aims to derive practical suggestions to apply application methods by auxiliary costs, especially application of logistics and customs clearance areas in order to establish EPS support system of auxiliary cost occurred from export/import. For the propose, this study has analyzed types and situation of auxiliary costs, application method by auxiliary costs, payment situation of logistics auxiliary costs and clearance auxiliary costs and suggested the relevant problems and their application methods. Especially, in case of logistics auxiliary costs through connection to the attached general documents required for negotiation by reflecting characteristics of B2B transactions. In addition, it has suggested that those services by the said system should be conveniently used commonly by the export companies and logistics companies through provision of various payment measures, support of foreign currency payment, etc. and security of reliability/system stability, etc. for the compatible payment with other systems as the prerequisite for the successful settlement of the auxiliary costs EPS. It is expected that satisfaction of the uTradeHub users such as export/import companies and logistics companies will be increased, user-oriented customized information services such as raw cost prediction service through calculation of auxiliary costs could be available in the future and efficiency of work processes related to auxiliary costs will be increased, by providing the EPS through various single window based payment measures through establishment of the export/import auxiliary costs payment system.

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A Study on the Establishment of Process Safety Management (PSM) System for Small and Medium Size Chemical Plants (중소화학공장의 공정안전관리(PSM)시스템 구축에 관한 연구)

  • Baek Jong-Bae;Ko Jae-Wook
    • Journal of the Korean Institute of Gas
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    • v.3 no.1
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    • pp.8-13
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    • 1999
  • The article 49-2 of Industrial Safety Law requires that all the owners of industrial plants which contains dangerous facilities perform the process safety management. That is, this law requires the owners of industrial plants to take necessary measures to prevent fire, harmful gas leaking, explosion, and other serious accidents that could cause demage and injuries to the employees. So far, domestic chemical plants have tried to invest money and time in safety management. But, such efforts have been made only in chemical plants that were subsidiaries of large business groups. Moreover, since the economic crisis of Korea which is symbolized by the IMF bailout, small and medium size companies could not afford to invest in safety management. Their major concern is to increase productivity and thereby, survive in this crisis. The goal of this research is to develop the process safety management system that can help small and medium size companies to positively secure the process safety management. So, in developing the process safety management system, the financial and practical difficulties of such companies are fully taken into consideration.

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A Comparison of Safety Management System between Accident-occurred Companies and Accident-free Companies in which Press Machine are Used (프레스 보유 사업장에서 재해 발생 사업장과 무재해 사업장의 안전관리 시스템 비교)

  • Shin, Woonchul
    • Journal of the Korean Society of Safety
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    • v.28 no.6
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    • pp.1-5
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    • 2013
  • Notorious press machine bothers employers by causing so many industrial accidents which are mostly of caught-in or between type. In 2008, press machines caused 1665 cases of such type of accidents, which reached about 11% of all those. Even though various approaches has been adopted to prevent those press machine accidents, up to now, no one was found to be satisfactory. In this study, two kinds of companies, accident-occurred and accident-free by press machine, were surveyed to find out positive and negative factors for accidents prevention. 400 companies which experienced accidents in 2008 and 200 companies which did not experience accident at all during the same period were selected for this survey. Most of these companies are small companies that employ less than 50 employees. Even though small companies are exempted from legal obligations to have a safety management system for accident prevention, we surveyed about safety management systems of those companies because of its crucial importance for accident prevention including whether they appointed safety managers and various supervisors. Awareness and efforts for safety of employers and employees were also measured. Results were analysed by the method of cross tabulation analysis. Main findings of this study are as follows. Most accident-occurred companies did not appoint any safety manager or supervisor. While it is recommended that the workplace of high accident rate have a safety manager. In addition, as less employers' effort for safety was made in accident-occurred companies in order to prevent accidents during press processing, the author proposes an amendment to the relevant law. Finally, the most referred reason for the negligence of hazard is the cumbersomeness in installing safeguards.

A Study on the Relation of International Arbitration and Lex Abitri under Arbitration Act 1996 (1996년 영국중재법상 국제중재와 Lex Arbitri의 관계에 관한 연구)

  • HAN, Nak-Hyun;HUR, Yun-Seok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.76
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    • pp.49-76
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    • 2017
  • Lex arbitri, a law that regulates arbitration procedures at arbitral seat, can be viewed as an additional procedural law. In addition, the lex arbitri refers to mandatory provision imposed by each country on arbitrators in their own territory. The reason is that the lex arbitri often relates to matters of public policy of the place of arbitration. In Korea, the LMAA terms is frequently mentioned in the shipping industry in Korea, and the LMAA terms clause is often set up in the contract between Korean companies. However, the study of the UK Arbitration Act 1996, which regulates the LMAA arbitration, is not so much in Korea. On the other hand, Lex Arbitri, a corporation that regulates mediation procedures in arbitration, can be viewed as an additional procedure. There may also be procedures that must be followed compulsorily by the Arbitration Act of Arbitration. The reason is that Lex Arbitri seems to be related to the public policy of the arbitration. Therefore, the arbitration law of the country of arbitration seat may be the most important regulations in relation to the legality of the arbitration procedure. If the proceedings of the arbitration violate the Lex Arbitri, the arbitral award may be nullified. The purpose of this study is to analyze the arbitration theory, international arbitration and Lex Arbitri, focusing on the UK Arbitration Act 1996.

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An Empirical Study on the Size Distribution of Venture Firms in the center of KOSDAQ Listed Companies (국내 벤처기업 진화과정에 관한 실증분석 - 코스닥상장 기술벤처기업 분석을 중심으로 -)

  • Cho, Sang-Sup;Yang, Young-Seok
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.6 no.1
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    • pp.23-37
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    • 2011
  • This paper is brought to carry out an empirical study whether evolution process of venture firm's scale is following the Gibrat's law; random evolution process, or Pareto law; self-organizing process. The empirical test, as attaching theoretical explanation, of this research utilize the serial data samples of 92 KOSDAQ listed companies from the year of 2005 through 2008. Summarizing the research results are as followed. First, Gini Coefficients representing the density of venture firm's scale has been constantly reduced since the year of 2005 in terms of number of employee, while these index increased during the same time period from the perspective of sales volume. Second, the evolution process of Korea venture firm's scale is following the Power Law related to Pareto Law. In particular, estimated Pareto coefficient, ${\alpha}$, is shown lower than 1 which is significant result. Third, the probability of joining in the top tier group of firm starting from the early stage growing is forecasted into 6.9%, the result which emphasize the starting scale of venture firm play an important role in long term evolution of venture firm.

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Permission of Costal Carriage of Import-Export Containers by Ocean Liner Carriers and Growth Plan of Costal Shipping Industry (외항선사(外航船社)의 수출입(輸出入) 컨테이너 내항운송(內航運送) 허용(許容)에 따른 문제점(問題點)과 내항해운(內航海運)의 육성방안(育成方案))

  • Ha, Yeong-Seok;Chung, Keun-Jon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.19
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    • pp.96-118
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    • 2003
  • Government tries to revise the article 25 in Korea Maritime Transport Act which describes subject of coastal carriage for exported-imported container cargoes. The subject of coastal carriage will be replaced coastal carrier by ocean liner carrier according to the revised article 25. By adopting the revised article, coastal shipping industry will be deteriorated in terms of returns on investment, sales and etc. Even though the revision is inevitable to harmonize the flow of exported-imported container cargo movement, coastal shipping industry should be developed and restructured to get competitive power and to set up an efficient international logistics system. To enhance competitive power of coastal shipping companies successfully, government must realize the importance of coastal shipping, and aid the industry through various methods such as arrangement of law and regulation, indirected financial assistance, decrease of tax rate, etc.

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International Conference of Consumer Protection Issues on B2C in APEC (APEC 국가의 전자상거래 소비자보호 현황과 개선방안)

  • Jun, Eui-Cheon;Kim, Jang-Ho;Kim, Seog-Min
    • International Commerce and Information Review
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    • v.4 no.2
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    • pp.27-46
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    • 2002
  • Nowadays, the explosive evolvement of Internet. which is referred to as EC, has been prevailing. That has given the chance all of the world consumers to contact all of the world companies to enter into business relationship. But, electronic commerce laws have been established per conventional jurisdiction. some legal issues take place in the field of cross-border electronic commerce, including the governing law and competent courts. In this situations, it is gradually and widely required to lay down the internationally harmonized electronic commerce legal framework. Now, there are a lot of legal issues assumed in EC, in this study, we studied three precedence problems concerning B2C: Consumer Protection Law regarding B2C, Personal Information Protection Law in Private Sector regarding B2C, Web Site Trust Mark System.

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A Study on the Main Characteristics in Indian Arbitration and Conciliation Act (인도 중재.조정법의 주요 특성에 관한 연구)

  • Shin, Koon-Jae
    • Journal of Arbitration Studies
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    • v.22 no.3
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    • pp.71-92
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    • 2012
  • The significant increase in international trade over the last few decades has been accompanied by an increase in the number of commercial disputes between Korea and India. Understanding the Indian dispute resolution system, including arbitration, is necessary for successful business operation with Indian companies. This article investigates characteristics of India's Arbitration and Conciliation Act in order to help then traders who enter into business with Indian companies to settle their disputes efficiently. The Arbitration and Conciliation Act(1996) based on the 1985 UNCITRAL Model Law on International Commercial Arbitration and the UNCITRAL Arbitration Rules 1976, has a number of characteristics including the following: (i) this act covers ad hoc arbitration and institutional arbitration (ii) parties to the arbitration agreement have no option except arbitration in case of any dispute (iii) the parties can choose their own laws, places, procedures, and arbitrators (iv) the decision of the arbitrators is final and binding (v)role of the court has been minimized and (vi) enforcement of foreign awards is recognized. However, there have been some court decisions that have not been in tune with the spirit and provisions of the Act. Therefore, Korean companies insert the KCAB's standard arbitration clause into their contracts and use India's ADR(Alternative Dispute Resolution) Methods to strategically resolve their disputes. Additionally, Korean companies investigate Indian companies' credit standing before entering into business relations with them.

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Risk and Responsibility: Understanding the Distribution of Serious Accident Punishment Act

  • Choongik CHOI
    • Journal of Distribution Science
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    • v.21 no.6
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    • pp.31-38
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    • 2023
  • Purpose: This paper investigates how companies respond to government regulations and disasters in a risk-managed society, and aims to initiate discussions on the future prospects and challenges. Specifically, it explores how companies can plan to respond to such disasters in the future, and stresses that the law should be to protect people's lives and ensure safety, rather than to punish companies. Research design, data and methodology: The study methodology is based on a review of existing literature, as well as trend analysis through big data analysis. The research analyzes the discourse in our society regarding the enactment of the Serious Accident Punishment Act. Results: This study supports that the Serious Accident Punishment Act should be implemented in a manner that does not impede corporate activities, but rather helps to ensure the safety of citizens' daily lives. The authors call for collaboration between communities, labor unions, and companies in achieving a cooperative governance system for a safer society. Conclusions: It highlights the importance of addressing disasters and government regulations in the context of a risk-managed society, and offers insights for both companies and policymakers on how to navigate these challenges. By prioritizing safety and cooperation, we can work towards building a safer and more resilient society

Assessment of the Quality of Non-Financial Information Disclosure: Empirical Evidence from Listed Companies in Vietnam

  • LE, Binh Thi Hai;NGUYEN, Nhat Quoc;NGUYEN, Cong Van
    • The Journal of Asian Finance, Economics and Business
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    • v.9 no.5
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    • pp.111-118
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    • 2022
  • The purpose of this research is to evaluate the quality of non-financial information disclosure by companies listed on the Vietnamese stock exchange. In 2019, 140 annual reports from 140 companies listed on the Vietnam Stock Exchange were included in the research sample. The remaining 134 reports were eligible study after removing those that lacked essential data. Using the statistical software SPSS version 25 and Excel office software, the study has selected the data processing method and the disproportionate disclosure index method to evaluate the quality of non-financial information disclosure of companies. The findings of the study demonstrate that companies listed on the Vietnam stock exchange are particularly interested in giving non-financial information to financial statement consumers as required by law, although the level of disclosure is still inadequate. The findings also illustrate the varying levels of non-financial information disclosure by category of information, as well as substantial disparities between them (general information about the company, environmental and social information, corporate governance information, etc.). The findings of the study show that the majority of Vietnam's publicly traded enterprises are less interested in reporting environmental information.