• Title/Summary/Keyword: Legal Design Methodology

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Building a Health Information Infrastructure to Support the Medication Reconciliation Process

  • Chung, Dahee
    • Journal of the Korean Society for Library and Information Science
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    • v.54 no.3
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    • pp.285-314
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    • 2020
  • The healthcare environment is becoming increasingly dependent on health information technology (HIT), with healthcare providers, patients, and other people engaged in the field producing and sharing information to improve healthcare delivery. This focus has raised the issue of Health Information Infrastructure (HII) to the forefront of policy, design, and law. While several studies have examined each element of HII, little attention has been paid to the overall infrastructure as a collection of technologies, institutions, standards, and practices. In order to fill the gap, this study focuses on medication reconciliation as an example of the wider phenomenon of HII. In particular, the study examines a medication reconciliation process (MRP) as an example to understand the key challenges facing the development of HII, how the challenges are interrelated, and how they can be met as a whole. Following a mixed methodology, involving workflow study, focus group discussions, and in-depth interviews, the study examines "data friction" along technical, institutional, regulatory, and legal dimensions. This study constitutes one of the first efforts to comprehensively investigate health information infrastructure and how technology and other dimensions in infrastructure are interrelated. The study therefore contributes to a better understanding of HII and the practical challenges that hinder the seamless flow of information in the healthcare environment.

The MFN Principle at Peril in Investment Treaties - with Particular References to Ansung Housing and Beijing Urban Construction

  • Chung, Chan-Mo
    • Journal of Korea Trade
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    • v.24 no.2
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    • pp.15-30
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    • 2020
  • Purpose - This paper investigates the theories and practices of Most-Favored-Nation (MFN) clauses. The MFN clause became a controversial issue during the past two decades, especially in the context of investment arbitration. This paper aims to clarify a reasonable way to apply MFN clauses. It in particular focuses on the territoriality requirements and the scope of investment activity which are common features included in most of investment treaties. Design/methodology - This paper analyses two investment arbitration cases, Ansung Housing and Beijing Urban Construction. Through the case study, this paper reveals limitations of the currently dominant views on the operation of MFN clauses. It then tries to reconstruct the system of MFN application within the relevant arbitration principles. Findings - Tribunals of recent investment arbitration as represented in the two cases above employed strict literal interpretation of the treaty provisions, especially of the phrase "in its territory". This paper finds a more functional interpretation is appropriate and consistent with theories of public international law and developments of global economy. Originality/value - Existing studies either stuck to literal interpretation or suggested more flexible interpretation of the phrase "in its territory" without full explanation. This paper tries to fill the gap in the existing discussion by analyzing legal foundations and theoretical structure for an effective interpretation of MFN clauses.

A Study on Audit Regulation Engagement Interview and Audit Quality

  • YIN, Hong;DU, Yanbin
    • The Journal of Industrial Distribution & Business
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    • v.12 no.8
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    • pp.7-19
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    • 2021
  • Purpose: This paper aims to investigate (1) whether the interviewed auditors conduct higher quality audit than the non-interviewed auditors and (2) whether the frequency of audit engagement interviews has an impact on audit quality. Research design, data, and methodology: Using a sample of Chinese A-share listed firms between 2011 and 2019, this paper empirically tests the effect of audit engagement interviews on auditor's behavior. We collect the data of audit engagement interviews on the CICPA's website. We use OLS regression, fixed-effect model and random-effect model to examine the association between audit engagement interviews and audit quality. Results: Findings indicate that the audit quality of the interviewed auditors is significantly greater than that of the non-interviewed auditors. The frequency of the audit engagement interviews is positively associated with audit quality. The interviewed auditors spend significantly more time on the audit. Furthermore, the positive association between audit engagement interviews and audit quality only exists in non-Big 4 auditors. Conclusions: Our findings provide evidence for the effectiveness of audit regulation enforcement. The results suggest that in an emerging market with weak legal systems, preventive regulations such as audit interviews have a deterrent effect and are necessary in alleviating information asymmetry and improving information environment.

A Critique on Project Management View from Project Finance Perspective on the Critical Success Factors of PPP

  • Kim, Jung-Ju;Chae, Myungsin
    • Asia-Pacific Journal of Business
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    • v.11 no.3
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    • pp.21-46
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    • 2020
  • Purpose - This study aims to find if the introduction of project finance perspective leads to any modification to the view of PM industry on CSFs of PPP and their relative importance rank. Design/methodology/approach - Through literature reviews, this study came up with a set of CSFs reflective of both perspectives. AHP method was applied for analysis by developing an Analytic Hierarchical Model from this set and survey questionnaires of pairwise comparison to solicit 46 qualified expert responses. Findings - This study concurs with PM industry to acknowledge 'risk allocation', 'legal framework' and 'quality of feasibility' as ones of most important CSFs. However, relative importance rank of individual CSFs goes through significant modification under this study in favor of 'sponsor commitment and quality' but against 'political environment', in particular. Research implications or Originality - Discussions on the CSFs led by PM industry have not been properly reflective of project finance perspective, which is injected into this study to cure the partiality. For researchers, findings of this study may call attention to financing perspective when they discuss CSFs of PPP. Practitioners may benefit from this study by allocating resources in view of this new finding when pursuing PPP projects.

Distribution of the Tax Burden across Companies in Vietnam: The Issue of Corporate Tax Avoidance

  • Kien Trung TRAN
    • Journal of Distribution Science
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    • v.21 no.6
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    • pp.83-89
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    • 2023
  • Purpose: This paper considers the issue of corporate tax avoidance (CTA) in the distribution of the tax burden across companies in Vietnam because the high level of CTA leads to unfairness in taxation. In particular, we aim for discussing the way to measure the extent of CTA and explore the determinants of CTA that reflect the features of high-tax risk-taking companies. Research design, data and methodology: The study investigates factors influencing the CTA behavior of legal entities listed on the Vietnam stock market between 2012 and 2018 to fill the empirical research vacuum in the country. we employ the dynamic GMM estimate method. Interestingly, CTA is considered through three approaches, including two effective-tax-rate-based methods and especially accrual earnings Results: The results highlight tax - accounting book disparities have significant effects on CTA. In addition, firm size, net asset value, debt leverage, and tax-accounting books are related to CTA. Conclusions: Tax avoidance is shown to have a positive correlation with financial distress in this case. The higher a company's capital adequacy ratio, the fewer tax avoidance opportunities it has. The paper draws some recommendations to deal with tax avoidance that improves the fairness in the distribution of the tax burden among corporations.

A Study on the Optimization of High-Concentration Ammonia Nitrogen Chemical Treatment Process

  • Tae-Hwan JEONG;Su-Hye KIM;Woo-Taeg KWON
    • Journal of Wellbeing Management and Applied Psychology
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    • v.6 no.3
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    • pp.19-23
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    • 2023
  • Purpose: High concentrations of nitrogen exist in food wastewater, and when nitrogen is not properly treated and discharged, it can cause eutrophication in the aquatic ecosystem. Research design, data and methodology: In order to remove nitrogen using sodium hypochlorite, the BNCR tank was designed and installed in the step behind the biological treatment tank, and the data of pH, TOC, and T-N were collected after about a month of demonstration. Results: As a result of operating the BNCR tank, total nitrogen decreased by about 83% on average. The total nitrogen in the second sedimentation tank before going through the BNCR tank must be removed and finally discharged after nitrogen is removed above the legal standard of 60 mg/L. Conclusions: If BNCR tank is added to the process currently applied to nitrogen removal and operated, ammonia nitrogen can be removed more efficiently. However, the disadvantage is that nitric acid nitrogen and nitric acid nitrogen cannot be removed. If these disadvantages are supplemented and optimized in the future, it will be helpful for workplaces that are having difficulty removing nitrogen.

Can Economic Sanctions be Grounds for Exemption under the CISG?

  • Kyujin Kim
    • Journal of Korea Trade
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    • v.26 no.5
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    • pp.88-105
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    • 2022
  • Purpose - This paper studies whether economic sanctions can be used as grounds for a party to an international sales contract to get an exemption if he fails to meet his contractual obligation. Because the answer can differ depending on the governing law of the contract, this study focuses on CISG, the most widely recognized international uniform legal instrument as the governing law of the international sale of goods. Design/methodology - This paper focuses on analyzing the conditions to meet before getting an exemption under CISG. For such analysis, this paper examined various scholarly writings, cases, and hypothetical examples reflecting a wide variety of economic sanction measures. Findings - The findings of this paper are as follows. The main provision for exemption under CISG is Article 79(1), which provides for an exemption for a party that failed to perform if such failure was caused by an impediment that was uncontrollable, unforeseeable, and unavoidable; either a seller or a buyer may rely on the Article for his non-performance, delay, or defective performance. The Article is applicable not only where the economic sanction caused impossibility of performance but also where it caused hardship. The economic sanction will likely be found to be an uncontrollable impediment; however, it will be relatively more difficult to prove it to be unforeseeable or unavoidable. Originality/value - The subject of this paper is whether a party can be exempted from liability under CISG when he fails to perform his contractual obligations due to economic sanctions. Given that this issue is now actually faced by many involved in international trade, it is expected to provide practical help to practitioners and companies alike.

The Significance of Contract Law for Efficient Mergers and Acquisitions (M&A) Procedure

  • Eungoo KANG
    • East Asian Journal of Business Economics (EAJBE)
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    • v.11 no.4
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    • pp.41-50
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    • 2023
  • Purpose - This study aims to examine the role of contract law in mergers and acquisitions (M&A) and to examine whether or not contract law is necessary in M&A. The study also discusses how contract law can be utilized in M&A, as well as some of the problems that arise from the use of contracts in this area. Research design, data, and methodology - To minimize bias and errors, this study used only peer-reviewed articles and book excluding internet news articles, conference papers, and dissertations. For a well-organized screen and selection process, the author conducted the extraction procedure thoroughly to eliminate some duplicated resources. Result: This study indicates that complex deals carry a high risk but also have the potential to yield substantial revenue for stakeholders. Thus, contract law is essential to the success of M&A because it helps to define the (1) terms of the transaction, (2) reduces risk, (3) offers legal safeguards, and ensures that the (4) agreement is enforced. Conclusion - This study concludes that an understanding of contract law is essential to the profitable merging of two businesses. The application of contract law provides a mechanism for enforcing the agreement, which can increase the likelihood that the stipulations of the M&A will be satisfied.

Development Strategies for Attracting Foreign Direct Investment in Uzbekistan

  • Ji Young JEONG;Sun Mi KIM;Changho CHOI;Ji Young HAN;Yong Geun KIM;Mamurbek KARIMOV
    • The Journal of Economics, Marketing and Management
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    • v.11 no.5
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    • pp.57-67
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    • 2023
  • Purpose: An evaluation of Uzbekistan's steps towards competitiveness for FDI globally is presented in this paper. Specifically, the purpose of this paper is to analyze the case of Uzbekistan, and to determine the strategies that can be implemented to increase the competitiveness in attracting foreign investment. Research design, data and methodology: To investigate the FDI environment and identify effective strategies, Global RPM and QSPM analyses were conducted in addition to in-depth interviews with experts. In particular, this study uses the method of Global RPM analysis to make a comprehensive evaluation and analysis on globalization, rationality, and professionalism and morality dimensions of FDI in Uzbekistan. Results: According to the analysis, the conditions of political situation, financial stability, legal frameworks, as well as economic environment of the country play a significant role in bringing in FDIs from abroad. Moreover, based on the results, Uzbekistan scored lowest on globalization, indicating that the country has a low level of integration and openness to the global economy and society. Conclusions: Uzbekistan can boost its productive capacity and GDP growth with FDI, but it has to overcome many structural and logistical obstacles. Furthermore, adhering to the chosen strategies, policymakers can leverage FDI to stimulate economic growth, leading to the generation of new jobs and expanded opportunities in Uzbekistan.

A Study on The Prevention of Accidents and Foreign Workers

  • Seung-Hyuck PARK;Won-Mo GAL;Hye-Ryeong O;Mi-Hwa JANG;Seok-Soon KWON
    • Journal of Wellbeing Management and Applied Psychology
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    • v.7 no.3
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    • pp.25-30
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    • 2024
  • Purpose: It is necessary to establish more systematic and efficient accident prevention measures in relation to the promotion of safety activities to prevent safety accidents of foreign workers at construction sites, especially as safety accidents of foreign workers continue to occur among industrial accidents occurring at domestic construction sites. In this study, I would like to suggest ways to respond to legal issues related to the recruitment of foreign workers and ways to promote safety management that can effectively reduce industrial accidents through various safety management measures. Research design, data and methodology: In order to establish systematic safety management measures for foreign workers, in-depth research was attempted by collecting and analyzing various data such as the current status of domestic industrial accidents, employment status of foreign workers, and disaster statistics. Results: In addition, I intend to establish and present a more systematic safety management plan by conducting various analysis and feasibility review such as risk assessment education in terms of accident prevention for foreign workers. Conclusions: By establishing and presenting more systematic management measures, such as foreign employment, employment by occupation, and on-site education, this safety management system can effectively prevent accidents for foreign workers and is expected to contribute to the prevention of accidents at domestic construction sites for both construction companies and construction officials.