• Title/Summary/Keyword: Judicial

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An Application of The Islamic Methodology in The Enactment of Commercial Laws and Policy Formulation

  • Almarashi, Majdi Saeed
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.129-134
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    • 2022
  • Public policies are subject to the general strategies and agendas of the state and the enactment of law is subject to the superior laws. This paper will clarify in a practical way how the strategies and agenda of an Islamic state and the superior law (the primary sources of Sharia law) affect the mechanism of enacting laws and creating policies in an Islamic government. Especially, in the field of commercial law.

The Concept of Corporations In Saudi Law and Its Relationship With Islamic Law

  • Alzhrani, Abdulrahman AA
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.425-431
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    • 2022
  • Saudi laws must be derived from Islamic law. However, Islamic law has a flexible methodology that allows it to deal with any form of business entity. Today there is no difference between the countries around the world about the general concept of the corporation because countries have copied the system of the corporation from each other since the sixteenth century.

History of The Legal Developments of Corporations in Saudi Arabia

  • Alzhrani, Abdulrahman AA
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.420-424
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    • 2022
  • The Arab Automotive Company was the first corporation in Saudi Arabia and was founded in 1928. Since then, the number of Saudi corporations had increased. In 1985, Tadawul (The Saudi Stock Exchange ) was instituted under the supervision of the Saudi Arabian Monetary Authority (SAMA) and the base value of the index was 1000. This decision came as a response to accelerated growth in the number of Saudi corporations which had increased during the 1970s as the Saudi's economy developed.

Problems Judicial Liability of On-Line Service Providers under the Infringement of Copyright in Internet (인터넷 상에서 저작권침해에 따른 온라인서비스 제공자의 책임문제)

  • 박종삼
    • Journal of Arbitration Studies
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    • v.12 no.1
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    • pp.123-169
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    • 2002
  • The Advent of the global information structure and the do-called digital revolution raise countless new issues and questions. There are no limitations regulating the expressions on the cyberspace due to internet's of quality anonymity\ulcorner diversity\ulcorner spontaneity. Therefore, the freedom of speech is expanded in both areas of time and space, which was impossible with the old communicating system. The rapid development of the internet may not have occurred without techniques of linking and framing, which provide users flexible and easy access to other website. These techniques have enabled internet users to navigate the internet efficiently and sort through the products, services and information available on the internet. Although online technology raises many new legal issues, the law available to help us resolve them, at least today, is largely based on the world as it existed before online commerce became a reality. Thus the challenge is to predict how these new legal issues may be resolved using the current law. Especially, the damage from the above side effects on the cyberspace can be much more serious than in the real world because of promptness, wideness and anonymity. Therefore, regulating and controling the freedom of speech on the cyberspace became needed, and there are two kinds of opinion; one is that the laws in the real world should be applied for the cyberspace and the other is that regulating and controling the freedom of speech on the cyberspace should be performed by the users of cyberspace not by laws because the cyberspace is a free space and must not be interfered. In this study, the current judicial regulation of cyberspace, the side effects of cyberspace and the limitations of the freedom of speech are studied to solve the above problems with speech and the liabilities of on-line service providers are discussed around defamation the distribution of obscene pictures and information, and infringement of copyright.

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Influence of Service Quality and Trust on Customer Satisfaction in Judicial Agents's Service (서비스 품질과 신뢰가 고객만족에 미치는 영향 -법무사의 법률서비스를 중심으로-)

  • Eom, Heeyeol;Lee, Sungho;Kim, Chesoong
    • Journal of Korean Society for Quality Management
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    • v.40 no.4
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    • pp.513-530
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    • 2012
  • Purpose: The requirement for legal services is going up by modern people living in the era of complexity and variety who want to resolve legal conflicts between individuals and improve their personal rights. Methods: In this study, we used both literature and empirical researches to achieve our goals. In literature research, concept of service quality, method of measuring service quality, and dimension of service quality were explored, relationship among service quality, customer satisfaction, and customer loyalty and hypothesis was made based on the above, and tested. To test the conceptual framework, structural equation modeling (SEM) has been used to analyze the data collected from 252 customers of Judicial Agents's Service. Results: This result is not consistent with that of advanced study; it was found that service has significant influence on customer trust, and the trust also has significant influence on customer satisfaction and loyalty. Conclusion: This study has limitations in terms of restricted service sectors and measuring methods. For this reason, the followings are needed to be considered for interpretation and generalization of the study results. We believe that further studies are needed to investigate other service areas as well as legal service at the same time, and study target which is limited to Gangwon Province needs to be expanded for more accurate investigation. In addition, in-depth follow-up study should be proceeded considering variables such as customer value, conversion cost, and image of service providers.

A Study on the Factor Structure of Koreans' Need of Living and on the Influence of Related Variables (한국인 생활욕구의 요인구조 및 관련요인의 영향에 관한 연구)

  • 노영남
    • Journal of the Korean Home Economics Association
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    • v.28 no.1
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    • pp.67-87
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    • 1990
  • This study was designed with the purpose to analyze the bias and the factor structure of Need of Living and to clear the influence of related variables on Need on Living. The Degree of Importance(Di) and of sufficiency(Ds) of 65 indicators which were the constituent components of Need of Living and were extracted from the 51 preceeding studies was estimated by the 1084 samples including 614 urban and 470 rural residents through the questionaire. The indicators with higher Di and lower Ds than average were considered to show the high level of Need of Living. The main results are as follows; 1. Generally speaking, the level of Di was higher than that of Ds. Specially this was serious in the case of the indicators related with social-economic equity, employment, housing and environment. 2. Di level of the indicators such as physical health, judicial equality, the life of planned expenditure was highest. Specially the equity of income allocation was considered to be more important than the increase of income or asset itself. 3. Ds level of the indicators such as the life of plannel expenditure, the development of transportation and communication and the relationship between parents and children was highest, adn that of the use of leisure time, socialactivity, economic equality and social welfare was lowest. 4. Through the oblique rotation of Factor analysis, 12 factors were extracted (total eigen value 32.663, total variance 50.251%). Specially Factor 1 which was christened as the equality and development of social-economic life was related with 11 indicators and its common variance was 51.68%. 5. The rural residents, the lower income group and the lower educated group, who were told of being under disadvantage and unfair treatment of social-economic status, showed higher suffiency on the equity of income allocation, the freedom of living and expression, and judicial equality. 6. Generally speaking, the urban residents, the group under 39 years old, the higher educated group had more intensive Need of Living than the other groups.

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A Study of the Legal Principles in the Judicial Precedents of the Copyright Relating to Advertising Focusing on the Photographic Works (광고 관련 저작권 판례에 나타난 법리의 특성: 사진 저작물을 중심으로)

  • Cho, Jae-Yung
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.16 no.7
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    • pp.4424-4431
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    • 2015
  • The purpose of the study is to analyze the judicial precedents of the copyright relating to advertising focusing on the photographic works and find the characteristics of the legal principles of the copyright infringement or no. As the results of the analyses of the exact 6 precedents, the creativity of the works was the main issue of the judgment of the copyright infringement or no, comparing that 'on the basis' and 'practical similarity' were mainly applied the judgment. It is implied that the photographic works depending on the technologies are more difficult to prove their creativity, and the simple photo of the product itself without or lack of the photographer's creative effort and labor is not acknowledged as a copyrighted work in advertising area.

Regulation of Unfair Contract Terms in English Law (영법상 불공정계약조항의 구제)

  • Lee, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.21
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    • pp.3-37
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    • 2003
  • English law accepts the basic principle of freedom of contract that the parties should be free to agree on any terms that they like unless their agreement is illegal or otherwise contrary to public policy because it infringes some public interest. On the other hand, it has been limited for hundreds of years on the basis that certain contract terms, particularly in standard form, may alter a distribution of risks that the customer would reasonably intended. The alteration may often result from his simple ignorance caused by either lack of opportunity to become aware of clauses or inability to understand their full potential implications. In addition, it may also result from disparity in bargaining power which does not allow the customer to look after their own interests even if he is fully aware of the unacceptable clauses. In response to this problem, English law has employed both judicial and statutory intervention techniques to control unfair contract terms. This study describes and analyzes in detail how English law regulates such terms, particularly, in standard form, in order to provide legal advice to our sellers residing either in UK or in Korea who plan to enter into UK markets. It also attempts to explore any problem in the existing double legislations of UCTA and UTCCR and put forward future direction of English law in light of the Draft Unfair Terms Bill which was currently proposed by the Law Commissioners. The main concern of this paper will be confined to some of the various aspects of both judicial and statutory control of unfair contract terms in English law which may draw our attention in terms of domestic or international business sales.

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A study on the Necessity of the Death Penalty in the Information Society -Focused on the misjudgement cases- (정보화 사회에 있어서 사형제도 폐지의 당위성 -오판사례를 중심으로-)

  • Lee, Dong-Myung
    • Journal of the Korea Society of Computer and Information
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    • v.19 no.7
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    • pp.151-159
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    • 2014
  • Sometimes, the misjudgement of imperfect human can not be avoided because capital punishment is decided by a judicial officer, human. Dreiinstanzen system has been adopted to prevent misjudgement. However the possibility of misjudgement can not be entirely excluded in the judgement by a judicial officer as the judgement of a lower court and a higher tribunal depends on the specific criminal cases. And in case of capital punishment executed by misjudgement, it leads to a cruelty result which has not ways to recover the damage. There is an opinion that dangerousness of misjudgement is lacking in persuasiveness because of insufficient demonstration for the abolition of capital punishment. However, also, there is an opinion that the abolition of capital punishment in case of misjudgement is persuasive with reality. In this case, even if other punishments are discussed separately, once capital punishment is executed, it can be irrevocable unjustice because a nation itself commits a crime. According to this, I would like to find out causes of misjudgement in the criminal justice system through the cases of advanced countries, such as United states, Japan, which are rich in studies and case analysis related to misjudgement, and introduce their efforts to prevent misjudgement in this paper.

A Study on the Unfairness of the Comparative Labelling and Advertising Activities in the Judicial Precedents (부당한 비교표시.광고의 심결사례에 나타난 법리적 특성에 관한 연구)

  • Cho, Jae-Yung
    • Korean journal of communication and information
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    • v.39
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    • pp.428-472
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    • 2007
  • The purpose of this study is to find that how the principles of Fair Labelling and Advertising Act(called 'FLAA' hereinafter) apply to the unfair comparative labelling and advertising activities, as compared with deceptive and misleading, by analyzing the related judicial precedents for 7 years since FLAA enacted, The exact 17 precedents of Fair Trade Commission were analyzed to be judged the unfair comparative labelling and advertising activities, and partly also deceptive, falsified and exaggerated, which include in overlapping 5 comparative counterparts, 11 comparative standards, 7 comparative contents and 4 comparative methods in the unfairness types of comparison. Conclusively, it is needed that the unfairness of comparative labelling and advertising activities should be multiply considered in the concepts of deception, false or exaggeration and slanderousness, to more clearly apply to the facts and to more sufficiently protect consumers from the misleading environments.

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