• Title/Summary/Keyword: Exemption

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Robotic extralevator excision of a retrorectal giant aggressive angiomyxoma

  • Kelley, Scott R.
    • Obstetrics & gynecology science
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    • v.61 no.6
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    • pp.693-697
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    • 2018
  • Aggressive angiomyxoma (AA) is a very rare mesenchymal tumor most commonly found in the pelvic and perineal regions. For the complete excision of retrorectal tumors, with extension through the levator muscle into the ischioanal space, open anterior and posterior approaches are typically required. Herein, we report our experience with robotic excision of a giant presacral AA with extralevator extension into the ischioanal space and extraction via Pfannenstiel incision, which we found to be technically feasible, efficacious, and safe to perform. Mayo Clinic Institutional Review Board exemption status was obtained for this study.

Research Ethics Issues that Frequently Arise in Health Services Researches (보건학 연구에서의 주요 연구윤리 쟁점)

  • Sun-Hee Lee
    • Health Policy and Management
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    • v.33 no.3
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    • pp.241-242
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    • 2023
  • As part of efforts to internally strengthen the research ethics capacity of the Korean Academy of Health Policy and Management, we have compiled research ethics issues that are frequently encountered in public health researches. Firstly, when reusing research reports or dissertations as papers, efforts should be made to avoid unfair duplicate publication. Compliance with the institutional review board exemption process is required, and additional efforts should be devoted during the text recycling process to prevent self-plagiarism or unjust duplicate publication.

The Research of Improvement and Present Conditions about Qualification System in Private Security (한국 민간경비 자격제도의 현황과 개선방안 연구 - 경비지도사 및 경비원 자격을 중심으로 -)

  • Park, Jang Gyu;Kim, Nam Joong
    • Convergence Security Journal
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    • v.13 no.5
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    • pp.117-127
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    • 2013
  • Even though, the Korean private Security Guard's industry is developing, it did not reached at the expected quality services because of the below cost tendering from flooded small security companies, consequently low pays and fragile benefits occur therefore, the skill level and morale decreased. Also, the private security guards field's education, training and development of expert certification system is not enough. One of the plans to solve these problems can be invigorate the certification system. The improving ways are suggested after the research and the analysis of the certification system as below. First, the qualification system to become a security leader will need to add directly related subject, skill examination and continuous refresh training. Moreover, it needs accurate needed the number of the securities and the reduction of the 1st examination exemption object. Second, the qualified system to be become securities will need to strengthen on standard of qualification and focus on skill evaluation, the job education need to state by the law, also exemption for applicant who approached requirements.

Several Issues regarding Article 79 (Exemption) of the U.N. Convention on Contracts for the International Sale of Goods(CISG) (국제물품매매협약(CISG) 제79조(면책)와 관련한 몇 가지 쟁점)

  • KIM, Son-Guk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.67
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    • pp.1-21
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    • 2015
  • U. N. Convention on Contracts for the International Sale of Goods (hereinafter the 'CISG' or the 'Convention') has been in force more than 37 years. The CISG responds to the need for uniform sales law. First of all, the biggest barrier against the uniformity in sales law is so-called "homeward trend". Professor Honnold, who served as secretary of UNCITRAL during the time in which the CISG was developed, pointed out the danger of "homeward trend" like this in his Article. "One threat to international uniformity in interpretation is a natural tendency to read the international text through the lenses of domestic law." CISG Article 79 is the principal provision governing the extent to which a party is exempt from liability for a failure to perform any of his obligations due to an impediment beyond his control. So-called 'Manfred Forberich' decision regarding the article 79 represents the most extreme example of what is likely the most dangerous error that tribunals applying the CISG can make. CISG Article 79 only governs impossibility of performance, and there is a controversy whether a disturbance which does not fully exclude performance, but it considerably more difficult or onerous(hardship, change of circumstances, economic impossibility) can be considered as an impediment. Unlike PICC and PECL, the CISG governs contract of sale. Therefore, events such as a sudden increase in the price of raw materials or a dramatic devaluation of currency, will not allow the seller to avoid his liability for non-delivery of the goods or to require renegotiation of the terms of the contract of sale. We should bear in mind that the CISG should be interpreted and applied in the context of the CISG itself.

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Issues Surrounding Capital Gain Tax and Reasonable Development Plan (양도소득세를 둘러싼 몇 가지 문제와 발전방안)

  • Kim, Dong-Bok
    • The Journal of the Korea Contents Association
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    • v.7 no.8
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    • pp.199-206
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    • 2007
  • Capital gain comes from the transfer gain which is occurring by transferring assets except inventory assets. Our government recently has made capital gain tax on real estates and imposed as classified income tax by including it into aggregate income so that provide function of tax and curb property speculation. However the present income tax law imposes capital gain tax on capital profit including real estate and securities, while this law and the special tax treatment control law implement non-taxation and tax exemption too widely. That is to say, the system of capital gain tax can hinder the fair tax because it has various exemption terms including the non-taxation principle on a house for a family and the special tax treatment law. And also it has a problem in the sense of equity because it imposes tax by progressive tax rate on the subjects of capital gain tax considering them as the profit of that year, which were transferred, so there is difference between the income which has been made for a long time and the income made for a short time even in the same capital gain. Therefore this study identifies some issues surrounding the present capital gain tax system and focuses on presenting reasonable development plan.

Suggestions for the Non-Taxation Scheme on the Compensation for Employee Invention of the University (대학 직무발명 보상금 비과세제도에 대한 제언)

  • Na, Dong-Kyu
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.14 no.11
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    • pp.5594-5600
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    • 2013
  • The compensation for employee invention from the university can be taxed or non-taxed depending on the classification of the type of income. The government legislated the Promotion of Industrial Education and Industry-Academic Cooperation Act and the Technology Transfer and Commercialization Promotion Act in order to improve the research productivity of universities and industrial-academic collaboration via transferring the technologies. However, the confusion with taxation on the compensation of employee invention from the university has been incurred due to the difference of legal interpretation between government bureaus. In this research, bureaucratic conflict on the non-taxation scheme is examined in a legal aspect and the effect of non-taxation scheme is also studied in aspect to personal tax exemption. Finally, some suggestions are provided for the purpose of settlement of the non-taxation scheme in order to improve employee invention from the university.

A Study on Limitations on the Right of Reproduction and Right of Communication to the Public in Digital Networked Environment (디지털 복제권 및 전송권 제한에 관한 연구)

  • 정경희;이두영
    • Journal of the Korean Society for information Management
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    • v.18 no.4
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    • pp.127-142
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    • 2001
  • It has been criticized that the right of reproduction and right of communication to the public in the Copyrigt Act of Korea, which was amended in the year of 2000 in line with new environments around digital networks, limited the limitation to author’s property right in private use and library exemption too much. Solving the problem above, this study analyzes comparatively WCT, Amended Proposal for a Directive on Copyright and Related Rights in the Information Society, Copyright Law of the United States of America, Copyright Amendment(Digital Agenda), and Copyright Act of Korea. Based on the results from related case analyses and a survey on how stakeholders view copyright issue, in addition, this study presents a reasonable way of limiting rights of reproduction and rights of communication to the public.

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A Study on the Disclosure and Exemption of the Personal Data (개인정보의 공개와 보호에 관한 연구 - 영국 사례를 중심으로 -)

  • Kim, Jung Ae
    • The Korean Journal of Archival Studies
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    • no.29
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    • pp.225-268
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    • 2011
  • The general public are interested in the politics and form public opinion and keep in check the government for true democracy. The general public have the right to be furnished information from the government. And the government should enact the Freedom of Information Act to provide the public's right to know. At the same time, the government should enact the Data Protection Act to provide the public's right to privacy. There is a friction between the Freedom of Information Act and the Data Protection Act. It's hard to maintain the proper balance between the Freedom of information Act and the Data Protection Act, but many countries try to do so. The UK enacted the Data Protection Act 1998(DPA), which entered into force on 2000, to comply with EU Directive 1995. The Freedom of Information Act 2000(FOI), which came fully into force on 2005, was passed in 2000. The FOI imposes significant duties and responsibilities on public authorities to give access to the information they hold. The purpose of this study is to consider the provisions of the personal data in FOI and DPA. Besides this, it identifies the complaint cases on public authorities about the disclosure and exemption of the personal data in comparison with the acts. If information is the personal data of the person making the request, it will disclose under the DPA. If information is the personal data of a third party, it will disclose under the FOI. These acts interact each other to make up for the weak points in the other to make a proper application of the act on public authorities. This study may have any limitation in making a comparative study of the disclosure and exemption of the personal data in Korea. But it is expected to provide a basis for understanding the disclosure and exemption of the personal data in the UK.

The Improvement Measurement on Dispute Resolution System for Air Service Customer (항공서비스 소비자 분쟁해결제도의 개선방안)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.225-266
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    • 2018
  • In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.

A Study on Related System of Building Greening in Japan (일본의 건축물 녹화 관련제도 연구)

  • Yoon, Yong-Han;Ju, Jin-Hee;Kim, Won-Tae
    • Journal of Environmental Science International
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    • v.19 no.12
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    • pp.1397-1402
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    • 2010
  • In recently, building greening to improve the urban environment is a very important areas. Thus, in order to promote the building greening is needed for the arrangement of its related system. In this study, analyzed the related system in Japan and the results obtained are as follows. Related system in Japan are to promote the spread of compulsory and dissemination of guidance. And to promote the spread of dissemination of guidance are to allowed a system to be included in green area of the site required, plans to loan the costs of greening, plans to subsidize the cost of greening, tax reduction and exemption, incentive on floor area ratio, plant supply and other technical guidance system. In conclusion, in order to promote the building greening note the related system of Japan and our related system should be arranged.