• Journal of Sport and Applied Science
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• v.5 no.1
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• pp.1-9
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• 2021

Purpose: In Seongnam City, a number of festivals are held in various areas, led by the city and private organizations. The necessity of developing a representative festival of Seongnam City, which can enhance the brand value of Seongnam, a cultural city, and promote a sense of local community and economic effects, is emerging. The purpose of this study is to analyze festival-related ordinances of Gyeonggi-do local governments, and to derive implications necessary for the development of festival support ordinances representing Seongnam City. Research design, data, and methodology: This study used the database of National Legal Information Center of the Ministry of Legislation and the autonomous legal information system to thoroughly investigate the ordinances related to festival support of basic local governments in Gyeonggi-do and the whole country. To do this, descriptive statistics analysis was conducted. Results: As a result of the study, it was found that 168 organizations (68.6%) of 245 local governments nationwide have adopted the festival support ordinance, and there are a total of 231 ordinances. In the case of basic organizations, out of 228 basic organizations, 151 organizations, including Seongnam City, adopted the ordinance on festival support, showing an adoption rate of about 66%. As a result of analyzing the basic organizations that enacted representative festival related ordinances among Gyeonggi-do basic organizations, 9 out of 28 cities adopted 16 representative festival ordinances, based on the legal and institutional basis for supporting representative festivals. Conclusions: In the case of Seongnam City, it is believed that in order to develop a representative festival, an ordinance to support the representative festival must be established. Considerations regarding the composition of the ordinance for the representative festival were discussed.

• Journal of Korea Trade
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• v.24 no.1
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• pp.113-130
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• 2020

Purpose - This paper examines the legal standards for the interpretation of contract terms in the UNIDROIT Principles of International Commercial Contracts (PICC) and the cases thereunder in order to provide academic implication to promoting an appropriate understanding of this topic in practical business. Design/methodology - This article uses the literature research and case study under the PICC. Findings - the contract terms shall be interpreted according to the common intention of the parties. If such an intention cannot be established, the contract shall be interpreted according to the meaning that reasonable persons of the same kind as the parties would give to it in the same circumstances. The statements and other conduct of a party shall be interpreted according to that party's intention if the other party knew or could not have been unaware of that intention. If not, the reasonable person standard will apply. In applying above articles, all relevant circumstances including the conduct of the parties, practices and usages shall be considered. Terms and expressions shall be interpreted in the light of the whole contract or statement in which they appear and contract terms shall be interpreted so as to give effect to all the terms rather than to deprive some of them of effect. Where contract terms supplied by one party are unclear, contra proferentem rule applies. Where there is discrepancy between several equally authoritative versions of a contract, a preference is given to the interpretation according to the version originally drawn up. Where the parties to a contract have not agreed regarding an important term for their rights and duties, a term which is appropriate in the circumstances shall be supplied. Originality/value - This article examines various cases regarding the topic that were determined under the PICC. By finding legal standards and rulings of relevant cases, this article will help readers in practical business to enhance the ability to apply the provisions to their contracts.

• Journal of Korea Trade
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• v.26 no.7
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• pp.93-108
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• 2022

Purpose - This paper examines the admissibility of restitution as the legal consequence where a contract is frustrated under the Law of Reform (Frustrated Contracts) Act 1943 in comparison with Korean Civil Code (KCC). In order to provide practical guidelines and advice regarding choice of and application of law for contracting parties in international trade, the paper comparatively evaluates requirements and the scope of restitution under the Act 1943 and KCC. Design/methodology - This paper executes a comparative study to analyze whether the parties may claim restitution of money paid or non-money benefit obtained before or after the time of discharge under English law and KCC. To achieve the purpose, it focuses on the identifying characteristics of each statute, thereby providing guidelines to overcome difficulties in legal application and interpretation as to restitution as the consequence of frustration. Findings - Under English law, the benefit may be restituted according to Art 1943 or the common law rule, mistake of fact or law. Under the KCC, restitution is considered based on the principle of the obligation to recover the original obtained regardless of the time when the benefit is conferred. Whilst Act 1943 does not require careful analysis of the grounds of restitution, requirements to justify restitution according to the principle of unjust enrichment, mistake of fact or law, and the KCC should be met. Meanwhile, the KCC may provide more opportunities to award restitution because it does not require the burden of proof related to the defendant's good faith, unlike the principle of unjust enrichment. Originality/value - Where the contract is frustrated by the effect of COVID-19, one legal issue is a consequence of frustration. Therefore, this paper analyzes requirements and the scope of restitution under English law as compared with the KCC in a timely manner. It provides contracting parties with practical guidelines and advice to reduce unpredictability when they choose the governing law in a contract.

• Journal of Wellbeing Management and Applied Psychology
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• v.6 no.2
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• pp.15-26
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• 2023

Purpose: It is necessary to prepare more groundbreaking measures to prevent recurrence in order to reduce the number of industrial accidents in Korea that occur steadily. In particular, since workers with disabilities are much more vulnerable to disaster safety than non-disabled workers, there is a great need to build a customized safety environment system suitable for the characteristics of the work in which workers with disabilities work and to promote management efficiency. Research design, data and methodology: Based on the analysis of the actual status of safety and health management of workplaces for the disabled, such as small, medium-sized and major businesses in Korea, an app was designed and developed to improve safety and health management efficiency of workplaces for the disabled. First, it was designed so that managers of workplaces with disabilities can understand at a glance key legal information that managers need to know and it was improved to suit the eye level of disabled workers so that they could self-evaluate the risk of their work by applying the risk assessment model for workplaces with disabilities. In addition, a mobile education environment was created in which safety and health education contents suitable for the characteristics of disabled workers can be learned by themselves. Results: When this app is applied to domestic workplaces, it is possible to check the exact contents of occupational safety and health education and easily search and check various legal information anytime, anywhere, allowing managers and disabled workers to quickly and efficiently manage various safety information. Conclusions: In addition, the establishment of a mobile safety and health management system that can quickly identify and clearly respond to various legal standards and risks of workplaces with disabilities can be expected to help prevent industrial accidents at workplaces with disabilities in Korea.

• Asia-Pacific Journal of Business
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• v.14 no.2
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• pp.201-212
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• 2023

Purpose - Internet-based e-commerce is rapidly developing and applied, and e-commerce through Internet technology overcomes the time and space constraints of existing business exchanges and facilitates multinational transactions.At the same time, disputes over e-commerce are increasing.In order to solve these disputes, clear laws should be regulated and regulated. Design/methodology/approach - This paper first studies the development and trend of E-commerce, then studies the legal provisions of CISG, and then combines them to analyze and draw a conclusion. Findings - Since its enactment in 1980, the CISG has been one of the most influential international commercial laws to date, with 95 States parties. It is a very important international agreement and norm that helps maintain and facilitate the settlement of international trade disputes and coordination of international merchandise sales activities. However, CISG, which is most widely used in traditional trade, faces many challenges due to the nature of E-commerce, but after studying the development and trend of E-commerce and the legal provisions of E-commerce, we conclude that CISG can be applied to E-commerce. Research implications or Originality - All the international conventions are the fruit of the efforts of the people, CISG, as one of the most important unitary laws of international trade, can be said to be representative.The analysis of CISG's legal provisions should be combined with the current international e-commerce trade form, so that CISG can be reasonably applied to modern trade disputes.

• The Journal of Industrial Distribution & Business
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• v.12 no.6
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• pp.47-55
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• 2021

Purpose: Organizational crime is an offense committed by an individual or an official in a corporate entity for organizational gain. This study aims to explore the literature on challenges facing digital forensics and further discuss possible solutions to such challenges as far as the protection of corporate crime is concerned. Research design, data and methodology: Qualitative textual methodology matches the interpretative approach since it is a quality method meant to consider the inductivity of strategies. Also, a qualitative approach is vital because it is distinct from the techniques used in optimistic paradigms linked to science laws. Results: For achieving justice through the investigation of digital forensic, there is a need to eradicate corporate crimes. This study suggests several solutions to reduce corporate crime such as 'Solving a problem to Anti-forensic Techniques', 'Cloud computing technique', and 'Legal Framework' etc. Conclusion: As corporate crime increases in rate, the data collected by digital forensics increases. The challenge of analyzing chunks of data requires digital forensic experts, who need tools to analyze them. Research findings shows that a change of the operating system and digital evidence interpretation is becoming a challenge as the new computer application software is not compatible with older software's structure.

• East Asian Journal of Business Economics (EAJBE)
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• v.8 no.4
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• pp.19-28
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• 2020

Purpose - This study aims to lay the foundation for a desirable direction to solve future environmental problems through framework research on environmental cooperation according to distribution of urbanization between South and North Korea. The article also attempts to explore solution to two Koreas' environmental problems from the cooperative perspective between South and North Korea and draw future policy tasks. Research design, data, and methodology - For methodology, North Korea's legal system to cope with disasters is taken into consideration in terms of literature review. This study also analyzes a series of processes related to North Korea's disaster management through case study, and draws policy measures for North and South Korea's cooperation scope and methods. Result - The results support that North Korea is very vulnerable to environmental disasters due to food shortages, economic sanctions, and enormous natural disaster damages including flood damages occurring each year, because of the lack of disaster prevention infrastructure such as river maintenance. Conclusion - At the current time when North and South Koran exchange and cooperation increase, a disaster management cooperative system is needed for the areas where South and North Korea manage through division. It also suggests that there is a need to establish regulations and procedures for support items in advance for a quick response to disasters in North Korean region.

• The Journal of Industrial Distribution & Business
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• v.15 no.6
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• pp.25-32
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• 2024

Purpose: This research explores to (1) identify the leading challenges that the beauty care industry faces currently, which includes sustainable development, ethics, and industry laws, (2) describe how these challenges impact industries' practices and customer experience, and (3) propose plausible strategies to address these issues in an effort to enhance sustainability, ethical business practices, and compliance with legal norms in the beauty care industry. Research design, data and methodology: The research approach used is the systematic literature review approach to identify the relevant literature that addresses the current challenges in the beauty care industry and to assess the results of prior studies. Results: The finding indicated the following solutions to handle the current issues in the beauty industry: Solution to (1) Environmental Impact: Sustainable Production and Packaging, (2) Ethical Concerns: Enhancing Supply Chain Transparency, (3) Regulatory Challenges: Proactive Compliance and International Standardization, and (4) Technological Challenges: Personalization and Digital Engagement. Conclusion: Based on the conclusions made in the findings' section, this research examines the implications of the solutions to provide an insight into how the strategies can guide future practices in the beauty care industry. It also points out how these insights can be applied by industry practitioners to improve sector operational and strategic performance.

• The Journal of Industrial Distribution & Business
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• v.7 no.1
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• pp.19-25
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• 2016

Purpose - The purpose of this paper is to aim to stress the importance of doing business environment in South Korean economy. The theoretical justification is based on neo-institutional theories and new business management including Porter's Model as main justifications of state intervention due to the market failures to promote a competitive environment of doing business. Research design, data and methodology - The methods to be taken is to provide a comparative performance analysis, and offer in terms of doing business and economic freedom sub-index complemented by Korean reforms diagnostics. Results - The main results underlined the key factors explain the success of business environment in South Korea such as: a simplified registration procedures, a target tax incentives, the removal of business barriers, the improvement of legislative and regulatory framework, target reforms, property right and technical norms, good governance and the quality of institution, a role of a well-functioning legal framework, a strong competition framework, and the transparency of regulation, etc. Conclusion - A competitive environment of doing business is based on the target national strategies, appropriate reforms responding to national needs and good governance system.

• The Journal of Economics, Marketing and Management
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• v.10 no.6
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• pp.17-26
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• 2022

Purpose: This study analyzes advanced cases of overseas smart cities and examines policy implications related to the creation of smart cities in Korea. Research design, data, and methodology: Analysis standards were established through the analysis of best practices. Analysis criteria include Technology, Privacy, Security, and Governance. Results: In terms of technology, U-City construction experience and communication infrastructure are strengths. Korea's ICT technology is inferior to major countries. On the other hand, mobile communication, IoT, Internet, and public data are at the highest level. The privacy section created six principles: legality, purpose limitation, transparency, safety, control, and accountability. Security issues enable urban crime, disaster and catastrophe prediction and security through the establishment of an integrated platform. Governance issues are handled by the Smart Special Committee, which serves as policy advisory to the central government for legal system, standardization, and external cooperation in the district. Conclusions: Private technology improvement and participation are necessary for privacy and urban security. Citizens should participate in smart city governance.