• Title/Summary/Keyword: Economic Justice

Search Result 106, Processing Time 0.022 seconds

A Study on the Efficiency of Trade Arbitration by the New Arbitration Law of Korea (무역중재의 특성과 개정중재법의 효율성에 관한 고찰)

  • Chung, Ki-Ihn
    • Journal of Arbitration Studies
    • /
    • v.16 no.1
    • /
    • pp.3-44
    • /
    • 2006
  • Arbitration, which involves a final determination of disputes, has elements of the judicial process. Although an alternative to formal court litigation, it does not replace it in all aspect, but rather coexists with court procedure as an adjunct and part of administering justice. As the international trade has the basic problems of business managed between the parties of other countries having different laws, customs, cultures, currencies and religions. It has been known that these defects caused the commercial disputes and suspended economic fluence in world economic development through the foreign business. The United Nations launched 'the United Nations Convention on the Enforcement and Recognition of the Foreign Arbitral Awards' in 1958 to give effect to the international commercial arbitration. However, the convention has the limitation in excluding the legal obstacles originated from domestic arbitration systems of every states. As the result, the UN succeeded in making world wide arbitration law named 'The UN Model Law on International Commercial Arbitration' in 1983 and recommended all member countries to accept it to revise their domestic arbitration laws thereafter. Korea revised national arbitration law accepting 100% of the model law in 2000. In this respect korea became to have the international dispute settlement system. Korea will be able to settle more business disputes arisen from the international trade and enjoy the world credibility through the new arbitration system.

  • PDF

Issues in Real Estate Taxation and Rationalization of Property Taxation: Lessons from Real Estate Regulation Policy in Korea

  • CHOI, Choongik
    • East Asian Journal of Business Economics (EAJBE)
    • /
    • v.9 no.1
    • /
    • pp.63-69
    • /
    • 2021
  • Purpose - This study examines the regressive estate taxation issues and seeks measures for the rationalization of property taxation. Although various discussions on the reorganization of property taxation have been made, discourses on how much property taxation burden is given to homeowners and on whether the increase of property taxation should be shifted to tenants have not been properly carried out. Research design, data, and methodology - Therefore this study examined the property taxation issues and sought measures for the rationalization of property taxation based on homeowners' social and economic characteristics. This study deals with discussions on the directions for rational real estate reorganization and what desirable real estate market stabilization polices are. Result - This study investigates what issues and disputes the powerful real estate policies to ease overheat of the real estate market have caused and seeks directions to solve those. Conclusion - The study results supports that the real estate taxation would be levied in proportion to the economic capacity of real estate owners to pay taxes. It implies that tax levy not only in conjunction with income, but also in combination with existing real estate assets would be considered to be desirable in terms of comprehensive tax justice.

A Theoretical Recapitulation of the Ethical Nature of Islamic Finance and Banking Law

  • Swartz, Nico P.
    • The Journal of Economics, Marketing and Management
    • /
    • v.2 no.4
    • /
    • pp.1-19
    • /
    • 2014
  • The rule of Islam is simple: if you advance a loan, you are entitled to receive your capital only and nothing more. If you wish to secure profit you should enter into a partnership and become a shareholder. Prohibitions against interest are not peculiar to Islam. If we were to trace back through history, a number of examples of such prohibitions can be found in the early Greek, Roman and Rabinnical thought. With the decline of the influence of the Catholic Church interest transactions become legal and stimulated giant Western corporations which forged capitalist imperialism. The practice of charging interest (usury) now dominated Western law and ethics for over a millennium. But, the Western or capitalist economic system has proven a failure in its quest for economic justice, which serves to benefit all in society, both the rich and the poor. In particular, capitalism is currently causing a terrifying scenario of making the rich richer and the poor poorer due to interest charges. An alternative banking model, called Islamic finance and banking, is evoked in this study in order to depress financial exploitation by banking institutions.

Globalization and Critical Review for the Korean Welfare State (세계화와 한국 사회복지의 비판적 검토)

  • Kim, Yung-Whoa;Lee, Ogg-Hee
    • Korean Journal of Social Welfare
    • /
    • v.39
    • /
    • pp.74-102
    • /
    • 1999
  • The integrated global economic system have intensed Liberalization, dereguration, privatization. National states were subordinated in global economic system. To save social costs and to encourage the national competition power, the globalized market tends to reduce the domestic social expention. Truely anxious things are not the defectiveness of capitalism itself but neo-liberal measures of each national states. So neo-liberal globalization beat welfare states. Welfare and growth, accumulation and justice are inter-conflict elements, and these confliction is well explained in context of globalization. Stratigies of growth pursuing economic benefits subordinate social policy in economic policy. Globalization did not always reduce the power of national state, but each national states purposely reduce the power of state and state participations. Thus Globalization can be overcome and must be overcome, eventually, the history of social welfare in korea differ frome that of European states. Their's social welfare retrenchment have based on the excessly expeneded welfare provision, but the frame of social welfare in korea is not yet established in history. Fundamentally historic experiences between European and korean social welfare are different. So "the third way" in korea must be in carefull approaches and the social welfare policy in korea must purchase "anti-market policy" and the equal distribution.

  • PDF

A Study on the Efficiency of the North Korean Foreign Economy Arbitration Law (북한 대외경제중재법의 실효성 고찰)

  • Kim, Suk-Chul
    • Journal of Arbitration Studies
    • /
    • v.18 no.1
    • /
    • pp.167-184
    • /
    • 2008
  • The economic cooperation between the South and North Koreas is a very important issue for the unification and economic development of both Koreas. In order to reach a successful economic cooperation, there is a need to coordinate the differences of the two countries before unification. The economic cooperation and the cooperation in other sectors will be followed by the entire unification. It is necessary to prepare a mechanism that could peacefully solve the conflicts and disputes that could arise during the actual process of cooperation, which will secure stable investments and trades. The study on the possibility of introducing the arbitration system as a conflict solving mechanism between the two Koreas is a very important subject, and the basis of this study is on the examination of the arbitration laws of North Korea. Therefore, the study on the efficiency of the North Korean arbitration laws on foreign economy is studying the possibility of a systematical solution to economic conflicts between the South and North Koreas. The problems and possible solutions of the North Korean foreign economy arbitration laws are summarized as follows. First, juridical cooperation system for both South and North courts of justice needs to be set up to smoothly carry out the main procedures. Mutual correspondence and telecommunication needs to be guaranteed, also remittance and the movement of goods shall precede. Second, the free liquidation of businesses by unit and the individual and independent management of wealth of the North Korean economic bodies, organizations and businesses shall precede to independently liquidate wealth and thus make arbitration possible. Third, amendments in the North Korea's foreign economy arbitration law shall be made to some parts of regulations on arbitration agreements and specific contents of written arbitration agreements to avoid conflicts regarding arbitration agreement. Fourth, the members of the North Korean arbitration committee shall impartially manage the committee only without taking the role of arbitrator, and the clause that allows the North Korean committee to nominate the arbitrator shall be erased. In case an agreement regarding the number of arbitrators is not reached, the three arbitrators general rule shall be applied. In case of requests from any of the parties, a third country arbitrator nomination shall be guaranteed. Also, the requested arbitrator by the party shall be nominated with the cooperation of the court. Fifth, the trial in case of non-appearance or written trial shall be added to the North Korean law in to prevent intended negligence or evasion. Sixth, regulations regarding the court's investigation of evidence shall be added to the North Korean law to make fair arbitration possible in case that government power is needed in order to investigate evidence. Seventh, provisions regarding majority decision shall be added in the North Korean law in the impossibility of unanimous decisions, and the certified system in the arbitration committee official text shall be erased to prevent arrogation and assure the power of the decision made by the arbitration government. Eighth, as "the wrong decision approved" reason for cancellation of arbitration in the North Korean law includes the content of the decision made by the arbitrator could lead to uselessness of arbitration, amendment will be necessary to limit it to legitimacy of the arbitration agreement and wrong procedures. It is hoped that this thesis will be of important use in understanding the issues on the workability and the solutions to the South and North Koreas' arbitration that could be presented during the negotiations for the countries' economic cooperation.

  • PDF

A Study on History of Criminal Policy in Korea (한국(韓國)의 형사정책(刑事政策)에 관한 역사적(歷事的) 고찰(考察))

  • Kim, Hyeong-Cheong
    • Korean Security Journal
    • /
    • no.6
    • /
    • pp.1-46
    • /
    • 2003
  • During the ancient times, there was no separative judicial system and administrative , legislative and judiciary functions were ultimately concentrated in the all-powerful monarch. And the three states developed state organization , adopting hieratical structures and placing at the pinnacle . State Codes were promulgated to initiate a legal system to rule the people, these codes instituted under influence of China codes. The people tradition sees crime control as the preservation of the authority of hereditary rulers. In the period of the Koryeo dynasty, government accepted a serious of detailed penal code from Tang dynasty . Legal response to crime stressed preservation of the dynasty rather than making citizen behave according to certain rules. In the period of Early Joseon , the compilation of Grand Code for state administration was initiated, the Kyeongkuk Taejeon ,became comer stone of the dynastic administration and provided the monarchial system with a sort of constitutional law in written form. This national code was in portant means of criminal policy at that time, Late Joseon , the impact of Western culture entering through China gave further impetus to pragmatic studies which called for socio-economic reforms and readjustment. Approach to criminal justice policy emphasized more equitable operation of the criminal justice system ,rehabilitation and crime control. Korea-Japanese Treaty concluded on 22 August ,1910 and proclaim a week later ,Japan gave the coup de grace to the Korea Empire and changed the office of the Resident - General into the Government - General . Thus korean criminal policy were lost during a dark ages ,which lasted for 36 years after fall of Joseon Dynasty (the colnial period,1910${\sim}$1945). After 1945 Korea's liberation from Japanese colonial rule, the occupation of devided Korea by the United States and Soviet Union frustrated the efforts of Koreans to establish an independent government, and the transplantation of two conflicting political ideologies to south and the north of the 38th parallel further intensified the national split. U.S. military government office occupied the south of the 38 the parallel and placed emphasis on democracy of criminal policy. ln 1948, the U.S. military government handed over to the ROK government its administrative authority.

  • PDF

An Empirical Study on the Happiness of Generation MZ Employees in South Korea: Focusing on the Preceding Factors of Happiness and Engagement

  • Giha, Shin;Jaeryoung, Song
    • Asian Journal of Innovation and Policy
    • /
    • v.11 no.3
    • /
    • pp.363-396
    • /
    • 2022
  • This study focuses on the happiness of the generation MZ of innovative enterprises, which are evaluated as the driving force of economic growth at a time when the value of happiness is emerging. Happiness is related to the prosperity and performance of the organization. However, MZ generation office workers, who account for 45% of the economically active population, are considered unhappy at work. Therefore, this study attempted to explore the preceding factors (organizational factors, relationship and communication factors, and personal factors) of happiness for the generation MZ of innovative enterprises and to examine the effect of happiness on employee engagement. For the study, 300 usable responses were collected from generation MZ working in innovative enterprises through an online survey. Research hypotheses and research questions were verified using SPSS 26.0 and AMOS 23.0. As a result, it was confirmed that procedural justice among the organizational factors, rewarding co-worker/supervisor relationship among the relationship/communication factors, and personal factors (meaningfulness of work, personal accomplishment) positively affected the MZ generation's workplace happiness. In particular, the meaningfulness of work, which corresponds to personal factors, exerted the most significant influence. In addition, in the case of happiness at the workplace, there was a positive effect on employee engagement, which was stronger in organizational engagement than in job engagement. As a result of examining the structural relationship between variables used in the study, it was found that procedural justice, rewarding co-worker/supervisor relationships, the meaningfulness of work, and personal accomplishment positively affected employee engagement through happiness. Through research, the importance of happiness at the workplace was suggested by systematically reviewing the preceding variables of happiness at the workplace and grasping the positive effects of happiness. In addition, the management measure of generation MZ employees of innovative enterprises was discussed, the necessity of research on happiness at the workplace was emphasized, and follow-up studies were proposed.

Are "strict fathers" harsher on those in need?: How priming nation-as-family metaphors affects judgement on social justice ('가족으로서의 국가' 은유가 사회적 정의 판단에 미치는 영향)

  • Oona Cha
    • Korean Journal of Culture and Social Issue
    • /
    • v.15 no.3
    • /
    • pp.447-467
    • /
    • 2009
  • Lakoff's (2002) 'nation-as-family' metaphor suggests that conservatism and liberalism in the United States are based respectively on two different sets of morality, i.e., "strict father" morality and "nurturant parents" morality. He argues that values associated with respective metaphors and political principles derived from them tend to determine certain political attitudes and policy endorsement. Using the priming technique, this study attempted to examine whether "strict father" and "nurturant parents" morality are indeed what underlie very different positions conservatives and liberals take towards people in need. The results supported the Lakoff's idea and demonstrated that, compared to priming "nurturant parents" morality, priming "strict father" morality actually led people to derogate character of those in need and to attribute more responsibility onto them for their economic predicament. This research leads us to reconsider what constitutes politically conservative and liberal attitudes and emphasizes the malleability of political attitudes.

  • PDF

An Explanation for Standard Scheme of the Apartment Management Expenses Levy (I) (아파트 관리비 표준 부과내역서 해설(I))

  • 강혜경
    • Journal of Families and Better Life
    • /
    • v.20 no.5
    • /
    • pp.69-85
    • /
    • 2002
  • The purpose of this study was to develop a scheme to standardize apartment management expenses levy. I have conducted theoretical research on the literature for the foundation of this study. I have also surveyed many different kinds of levies with help from several apartment complex managers in Busan as well as the executive secretaries of Busan Citizen's Coalition for Economic Justice. I held 30 meetings with the experts in this process to discuss the standardization of the levy. The finalized scheme for standardization is in line with the Act for Management of Multiple Family Housing. Because description of the whole standardized scheme is too lengthy for one article, I decided to present it in three parts. This article is the first part of the series. The remaining two parts will be published in future issues.

-A Study on Dalmatic of Early Christian Epoch- (-초기 그리스도교 시대의 달마틱 연구-)

  • Koo In Sook
    • Journal of the Korean Society of Clothing and Textiles
    • /
    • v.3 no.1
    • /
    • pp.19-24
    • /
    • 1979
  • 1. In the late second century A.D. the dalmatic, which originated in Orient, came into fashion in the Roman world. 2. It was first introduced as a vestment in public worship by Pope Sylvester I (314-335A.D.) who ordered it to be worn by the deacons. 3. The dalmatic was cut like a tunic, but wider, and with wide short sleeves. It was worn without belt, and was characteristically decorated by the clavus. Its shape, which is the form of a cross, refer to the passion of Christ. It symbolizes joy, salvation and justice. 4. In early christian epoch, colors was found in the Bible. 5. Clavus running from the shoulders to the hem in front and back represented as 'The servant of God', and symbolized the Blood of Christ. With time, clavi change from simple stripes to decorative ones.

  • PDF