• Title/Summary/Keyword: Contract Law

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A Study on the Classification of Income on University's Industrial Consultations (대학 산업자문료 소득 구분에 관한 연구)

  • CHEE, Seonkoo
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.21 no.6
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    • pp.461-467
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    • 2020
  • Industrial consultation is a kind of personal service for companies. The Industry-Academic Cooperation Foundation sets up a consultation contract in which a professor performs the consultation as the person in charge. Recently, there is an issue regarding taxation of the consulting fee paid to the professor; in short, there is no standardized practice for the imposition of income tax. In this study, we examine the characteristics of industrial consultation and present an acceptable taxation rule based on related laws. First, it is not appropriate to regard consulting fees as wage income, considering that there is no employment relationship between the Industry-Academic Cooperation Foundation and the professor. Considering that the base consulting fee amount is the same as the invention compensation, according to accounting practices, and that an employee invention is apt to be derived in the consultation, it is reasonable that the consulting fee should be regarded as wage income similar to employee invention compensation. As treating the consulting fee as wage income could end up reducing industrial consultations, the government should amend the income tax law to include industrial consultation as a type of other income.

Study on Preventing Retaliation against Crime Victims (범죄피해자에 대한 보복범죄 방지 대책에 관한 연구)

  • Choi, KeeNam
    • Convergence Security Journal
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    • v.16 no.7
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    • pp.129-137
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    • 2016
  • The guarantee of citizens' safety from crime is the reason for a nation's existence according to the social contract, and it is also a salient task in securing the citizens' right to the pursuit of happiness, which is a constitutional right expressing the nation's duty to its citizens. First, a procedure must be made mandatory that corresponds to the Miranda rule applied during the arrest of criminal suspect, which verifies whether there exists a risk of retaliatory crime to the victim of crime, crime reporter, or witness following their report of a crime or testimony. A measure to punish those who violate this should be devised. The second is the improvement of related laws and systems, such as expanding the scope of persons subject to protection from retaliatory crimes under the current law and strengthening information protection. Third, a retaliatory crime risk evaluation index must be developed, and the evaluation results must be quantified to clearly state measures and responsibilities, in detail, for personal safety at each level of intensity. The fourth is the expanded implementation of proactive personal safety measures for victims of crime and witnesses, as well as the development and application of advanced techniques. The last is a change in the perception s of those working for the judicial body. From the initial investigation stage of the crime to the diagnosis regarding the possibility of retaliation perpetrated on an ex-convict through psychological tests, systems of general cooperation, and mutual assistance must be established.

Requisites for Adopting Electronic Payment Systems in International Trade Transactions (국제무역거래에서의 전자결제시스템 도입에 따른 과제)

  • Kyung, Yeun-Beom
    • The Journal of Information Technology
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    • v.6 no.4
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    • pp.147-162
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    • 2003
  • The technique of information-communication rapidly developed has made it possible for us to do business through Internet. Electronic commerce was increased rapidly by the explosive development of the inter and communication revolution. E-Commerce has created a fundamentally new way of conduction and will change drastically accepted ways of doing business. Normally international trade has been formulated in a way that exporters and importers meet face-to-face and contract and pay by letter of credits. For the global electronic commerce to vitalized, the outstanding matters should encourage the creation of infrastructure of information security and new models in the field of electronic payment systems, electronic commerce agreement for remedy, adapting electronic date interchange in transport documents and negotiability of electronic bills of lading. The payment systems such as electronic fund transfers, tradecard system and electronic letters of credits issued by SWIFT system permit the parties concerned(sellers, buyers ad service providers) to settle payment electronically. Still they are many limitations for complete international electronic transactions. The following measures have to be taken to vitalize electronic trade transactions. It is needed to acquire information security such as authenticity, integrity, non-repudiation and confidentiality. All kinds of documents need to be replaced by electronic date exchange and the legal structure of international convention, national law for electronic payment systems have to be completed. Also a detailed guide of the banking operation and developing rules for electronic letters of credits need to be provided to adopt eUCP rules for the electronic presentation of documents.

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Policy Implications for the Improvement of Librarianship Employment (사서직 취업률 향상을 위한 정책방향에 대한 고찰)

  • Ahn, In-Ja;Noh, Younghee;Lee, Jongmoon;Oh, Se-Hoon
    • Journal of the Korean Society for Library and Information Science
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    • v.48 no.1
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    • pp.27-52
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    • 2014
  • The employment prospects of graduates in the Library and Information academic has largely concentrated in the field of librarianship as well as the curriculum of the academic itself. Since there are limitations in increasing the number of libraries and the available posts in the librarianship, the full-time jobs in the field are also limited. Even for the available posts in the field of librarianship, the majority is in contract based posts which does not guarantee a good working environment. The purpose of this research is to make policy implications to improve the employment rates of librarians. The main research methods include literature review of the previous studies and available statistical data, and a questionnaire targeting students and librarians. The targeting policy implications can be categorized into 4 factors, including, as supply side, improvements in the qualification of librarian certificate, in training for librarians, and as demand side, laws on library employment, and improvement of library services for co-operatives. There are 15 detailed strategies to support the 4 factors. For the improvement of strategies in library related laws, the following elements will be considered; supporting system for temporary jobs, the title of librarian post and the library itself, and librarian placement criteria in terms of its realization and mandatory, and obligations in library evaluation. The Council discussions propose the expansion of librarian award system, provision of information systems for librarian jobs, and developments in promotional materials and their deployment for librarians.

A Study on the Charterer's Duty & Right in Applying Laytimes of the Voyage Charterparty (항해용선계약상 정박기간에 관한 용선자의 권리와 의무에 관한 연구)

  • Kim, Myung-Jae
    • Journal of Korea Port Economic Association
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    • v.28 no.1
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    • pp.83-104
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    • 2012
  • The main purpose of tramp ships in shipping markets is to produce operation profits by minimizing the running days in a contract of the voyage charterparty. It is an especially difficult task for the owners to earn operation profits in the present recessional shipping market. Tramp ships are moving towards globalization in order to look for a variety of cargoes, which are distinguished from the liners operating regularly as per the fixed time schedule. Tramp shipping, therefore, requires special attention every voyage to secure operation efficiency which comes from minimized sea and laytime in port. The laytime is allowed by owners but if the charterers use more laytime than that which is incorporated in the charterparty, then a compensation known as 'demurrage' must be paid to owners. Conversely if the time is shorter this is called 'despatch' and in this case the owners are paid. As the laytime issue in the voyage charter is somewhat delicate, it often causes much disputes between charterers and owners during the cargo handling in ports. This study focuses on the charterers' right and duty on the laytime which is usually applied for the benefit of the charterers. Reference is also made to English law cases to reinforce this study and the conclusion will make relevant suggestions for further research.

Personal Information Protection in Digital Era -Reviewing Personal information protection Act- (디지털시대의 개인정보보호 - 새로운 개인정보보호법을 중심으로)

  • Yoo, Jong-Lak
    • Journal of Digital Convergence
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    • v.9 no.6
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    • pp.81-90
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    • 2011
  • Companies using internet as a kind of marketing means are increasing rapidly according to the expansion trend of e-commerce through internet and consumers also use internet as the common means of purchasing necessary articles. E-commerce using internet has advantages without limitation to temporal and spatial accessibility and general consumers and unspecified individuals also use internet to purchase their goods as well as general transactions such as advertisement, contract, payment and claim settlement. 'In the age of information, invasion of personal information resulted from the development of information and communication technology is one of the greatest problems all the countries in the world face. Therefore, Personal information protection Act is one of basic laws to protect personal information and rights and it is also an essential law in the age of information. In that sense, new Personal information protection Act is the advanced act containing various items to minimize the national damages from the leaking of private information and protect right to informational self-determination in the information society. It is expected that this legislation contributes to reduce the leaking of private information, enhance the level of privacy protection and develop privacy related industries. However, active participation of all members of our society and improvement of their recognition should be preceded for the rational and legal use of private information and the settlement of its protection culture. While the purpose of Personal information protection Act can protect privacy from collection, leaking, misuse and abuse of private information and enhance national interests and protect personal dignity and value, it also must perform the roles of balancing privacy protection with liberal information flow.

A Study on the Overcoming of the Legal Limits and the Status-Consolidating of the Online Services of the German Public Broadcasting System as the Third Media (독일 공영방송 온라인 서비스의 법적 한계 탈피와 제3의 미디어로서 위상 확립과정에 관한 연구)

  • Ko, Su-Cha
    • Korean journal of communication and information
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    • v.47
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    • pp.74-95
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    • 2009
  • With the digital technical development, the German public broadcasting system has enlarged their online services with the rapid growth of internet population and digital channels. In the debate on online services of public broadcasting systems the major issue is that broadcasting fees finance their broadcast, though they are intended to support mass communication only. Therefore the German private broadcasting claimed to the European Union, that broadcasting fee of the German public had to be regarded as state aid concerning fair competition. Due to the autonomy of the German public broadcasting systems, guaranteed by the German Constitutional Law, a public value test was proposed to the EU and was accepted domestically. The cut in rise of broadcasting fees was stated unconstitutional by the German Constitional Court in 2007, when online services were consolidated as the third media amongst TV and radio with regard to basic provision. This with the public value tests of the public and the accept of the EU's Audio Visual Media Services Directive was constituted in the 12th amendment of the State Contract of Broadcasting. This three-dimensional legislative process could be instructive for the korean process, because Korea too is on the verge of constituting a regulatory system of convergence media.

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A Study on the Actual Condition of Temporary Workers in Hospital (병원의 비정규직 실태조사)

  • Moon, Young-Joon;Ahn, In-Whan;Lee, Yong-Kyoon
    • Korea Journal of Hospital Management
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    • v.12 no.3
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    • pp.120-144
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    • 2007
  • In 1997, in the course of overcoming economic crisis caused by the shortage of foreign currency there was a significant phenomenon, the irregularization of human labour resources. There was no exception in hospital, either. Most hospitals put a lot of thought to solve the problem about irregular workers. Between employee and employer the problem of irregular workers has been raised as a main topic of all. The objectives of this study were to inspect the actual state of irregular workers and to understand the positive effect of protecting irregular workers, recently established and revised, on the human resources management of hospitals. After enacting irregular labours protection acts there were many opinions that the labour rules of hospitals would be changed.(56.7%). The plan to solve irregular worker's wage issues would he carried out step by step, but some hospitals have not examined the plan yet,(81.9%). Many hospitals had a plan that irregular worker's wage would be actualized in two or three years.(78.3%) The method, to solve the problem of irregular workers arc as follows: 1) the introduction of functional wage system, 2) the convert from automatic rising wage system to annual wage system, 3) the incentive grade system according to management result, 4) lower functional group wage system, 5) non-term contract wage system. From the point of the opening medical market and securing competitive power of hospitals, it is prospected that irregular works would be increased also in future. So to manage irregular workers effectively would be essential in maintain hospital's competitive power and improve medical service. The result, of this study were a, follow: (1) In hospital, the ratio of irregular workers in hospitals was lower than that of all irregular workers in Korea. (2) In hospital, the wage level of irregular workers was higher than that of irregular workers in Korea. (3) In hospital, the social insurance application ratio of irregular workers was higher than that of all workers in Korea. (4) In hospital, there seems to be no appropriate and active measures to improve labour condition of irregular workers, yet. (5) In many hospitals, the policy of irregular workers would be expected to revised for the law standards. In this study the actual conditions and problems of irregular workers were proposed and it was expected to contribute decisions-making in hospital management, especially when using human resources.

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A Study on Method Activation of Construction Management through Investigation of Public Owners' Capability level (공공부문의 발주자 역량 수준 조사를 통한 건설사업관리 활성화 방안 연구)

  • Kim, Sun-Sik;Kim, Ju-Hyun;Lee, Yun-Sun;Kim, Jae-Jun
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2007.11a
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    • pp.289-294
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    • 2007
  • It has been 10 years Since December 1996 when CM method was institutionalized by Construction Industry Fundamental law. Even though construction market has been in stagnant of business activities till now, CM in Korea started to be activated by the introduction of CM method i.n public construction. In the end of 2005, the number of CM order's contract is 6.7 times , an amount of CM order's money is 9.2 times more than operation plan of CM system announced in 2001. Therefore, CM market has been dramatically growing. However, it is judged that the shortage of faith in CM project and necessity of CM method are not recognized and study on a owner who affects successful settlement of CM has not been performed. When considering those points, in introduction and practical use of CM, CM is suggested to the field which is necessary for a client through the task performance level research and analysis of a owner who act a important role to activate Construction Management. As result of studying pre-existing papers to i.nvestigate of owner's capability level, the task function of a client is classified into 10 types and a public opinion poll was performed based on the 10 types of function.

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Perceptions of the Security Management at Critical Facilities in South Korea: College students' attitudes toward increasing demand for security personnel and the alternatives to police (공공부문 정규직 전환 및 의무경찰제도 폐지에 따른 보안산업 변화에 대한 인식)

  • Wang, Sug-Won;Choi, Yeon-Jun
    • Korean Security Journal
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    • no.61
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    • pp.87-107
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    • 2019
  • With the government policy on converting contract workers to full-time employees, there have been significant changes about the security personnel at the nation's critical facilities, including the National Assembly Building and airports. Moreover, the scheduled disbandment of the conscripted police force in 2023 has raised concerns about security management at different government agencies. To examine the college students' perceptions on the possible alternatives to fill the expected security gap, 234 undergraduate students of security management and protection in the Seoul metropolitan region were surveyed. Particularly, a comparative analysis was conducted on the legal bases and supervision, the employment types and salaries, and the scopes of responsibility and authority of suggested alternatives were compared. The results showed that utilization of private police forces was thought to be the most effective option. Based on the research findings, the university departments should develop and maintain a quality curriculum to educate their students to be prepared security professionals with a focus on emergency response capabilities and martial arts, including the courses on private police law and emergency rescue and cardiopulmonary resuscitation (CPR).