• Title/Summary/Keyword: Legal Structure

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Legal System Change on Business Establishment and Management in Digital Era (디지털시대에 있어서 창업경영에 관한 법제도의 변화)

  • Song, In-Bang
    • Journal of Digital Convergence
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    • v.11 no.3
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    • pp.23-31
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    • 2013
  • In Korea, middle and small-sized company takes up an absolute majority of all businesses, and most of them are founded as a limited company. Yet, it is a type of business that fits a company of certain size, and its establishment process is complicated due to various reasons such as investor protection. It is also required to have strict organization structure based on the principle of separation of ownership and management. Accordingly, as the principles may undermine entrepreneur's will to start business, there has been dramatic change in legal system on business establishment and management since 2010. The changes include streamlined process at the foundation stage and digitalization of many regulations on business establishment and operation for more convenience in starting business. Also, new business types for small-sized companies were adopted, and freedom to select business name has been enhanced. The issue of non-par value stock has been allowed, and various types of stock have been adopted for more convenient financing, defense against hostile M&A, and easier business succession.

A study on the Governing Law to Application under the Intellectual Property Right Disputes in Internet (인터넷상에서 지적재산권 분쟁에 따른 준거법 적용에 관한 논점)

  • Park Jong-Sam
    • Journal of Arbitration Studies
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    • v.14 no.1
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    • pp.133-156
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    • 2004
  • 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. The Advent of the global information structure and the do-called EC revolution raise countless new issues and questions. There are no limitations regulating the expressions on the cyberspace due to internet's of quality anonymity? diversity? spontaneity. Therefore, the freedom of speech is expanded in both areas of time and space, which was impossible with the old communicating system. 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. As a result of the drastic change of the environment for international trade of which that has taken took place in parallel with the global information technology revolution on a global basis, the scope of issues to be addressed which should be resolved by the conflict of laws principles has been remarkably expanded, and various new issues of an entirely which are quite new in its type and nature have arisen been raised. Further more in addition, the old act prior act was regarded as insufficient in that it lacked rules on international governing law to adjudicate, or international adjudicatory governing law, where as the expectation of the public was that the private international law should function as the basic law of the legal relational encompassing rules on governing law given the increase of It international disputes. for the move the private international law has also attracted more attention from the korean.

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The Legal Problems and Improvement in the Performance Based Design of Fire-fighting (성능위주소방설계의 법적문제 및 개선방안)

  • Yi, Jong-Yeong;Baek, Ok-Sun
    • Fire Science and Engineering
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    • v.24 no.1
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    • pp.54-63
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    • 2010
  • The buildings relevant to the law should be designed performance-based necessarily according to "Fire-Fighting System Installation Business Act" amended, January 1. 2009. Performance based design means that building design reflects structure, size, purpose, and building capacity to achieve the most effective design of fire-fighting system. Performance based design has meaning to buildings that it is insufficient to control fire-fighting by previous law-oriented design or inappropriate by uniform design, because of buildings becoming bigger and higher. However, it is difficult to implement the system actually, because laws relevant to fire-fighting prescribe only the object and the required qualifications of performance based design, but they don't have rules to enforce performance based design for specific parts. This study suggests improvements for a desirable implementation of performance based design in legal aspects, by analyzing the current legal regulations related to performance based design.

An Understanding of the Legal Framework of EASA UAS Regulation Towards Improvement of Aviation Safety Law (항공안전법 개선을 위한 EASA 무인항공기 규정의 법적 체계에 대한 이해)

  • Kwon, Taehwa;Nah, Seunghyeok;Jeon, Seungmok
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.49 no.5
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    • pp.425-435
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    • 2021
  • It is imperative to examine the regulatory trends of leading overseas aviation authorities to accelerate the effort to integrate emerging new air vehicle concepts such as UAS and eVTOL into the existing national airspace system. Whilst EASA seems to react swiftly in relation to regulatory framework by proposing new sets of customised special conditions to cope with a growing demand to introduce new aircraft concepts, understanding of such movement lags behind mainly due to the complexity of EASA's regulation structure, not to mention EU's legal system. Witnessing this situation, this paper reviewed the legal system of the EU which forms the basis of EASA's regulation system together with its own recently published UAS regulations so as to contribute towards the improvement of the aviation regulatory framework.

A Study on Power Trading Methods for in a Hydrogen Residential Model (수소주거모델의 전력 거래 참여 방안 고찰)

  • KISEOK JEONG;TAEYOUNG JYUNG
    • Transactions of the Korean hydrogen and new energy society
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    • v.34 no.2
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    • pp.91-99
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    • 2023
  • Participation in power trading using surplus power is considered a business model active in the domestic energy trade market, but it is limited only if the legal requirements according to the type, capacity, and use of the facilities to be applied for are satisfied. The hydrogen residential demonstration model presented in this paper includes solar power, energy storage system (ESS), fuel cell, and water electrolysis facilities in electrical facilities for private use with low-voltage power receiving system. The concept of operations strategy for this model focuses on securing the energy self-sufficiency ratio of the entire system, securing economic feasibility through the optimal operation module installed in the energy management system (EMS), and securing the stability of the internal power balancing issue during the stand-alone mode. An electric facility configuration method of a hydrogen residential complex demonstrated to achieve this operational goal has a structure in which individual energy sources are electrically connected to the main bus, and ESS is also directly connected to the main bus instead of a renewable connection type to perform charging/discharging operation for energy balancing management in the complex. If surplus power exists after scheduling, participation in power trading through reverse transmission parallel operation can be considered to solve the energy balancing problem and ensure profitability. Consequentially, this paper reviews the legal regulations on participation in electric power trading using surplus power from hydrogen residential models that can produce and consume power, gas, and thermal energy including hybrid distributed power sources, and suggests action plans.

Changes, Effects, Limitations of Legal System and Conditions of Its Reform for Women's Political Representation in South Korea (한국의 여성대표성 법제도의 변화·효과·한계 그리고 개혁의 조건들)

  • Kwon, Soo Hyun
    • Korean Journal of Legislative Studies
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    • v.27 no.1
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    • pp.41-77
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    • 2021
  • It has been 20 years since the gender quota system for expanding women's political representation was enacted. However, the proportion of Korean women's representatives has not exceeded 20 percent. This study examines how the gender quota system, public funding for women candidates, and public funding for women's development, which are the three pillars of the legal system to expand women's representation, have changed systematically over the past 20 years, how they affected women's representation, and what institutional limitations they have. In addition, it explores the im/possible conditions of reforms for expanding women's representation. To reform the legal system for women's representation, it is necessary to understand that Korea's political system is arranged in a gender-based way in a male-dominated structure, while also understanding that the existence of critical actors and mass driving reforms for gender equality in politics is essential.

A Consideration for Intellectual Property Rights under Digital Environments (전자상거래에서의 지적재산권에 관한 문제점과 개선방안)

  • Kwon, Sang-Ro
    • International Commerce and Information Review
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    • v.6 no.1
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    • pp.249-265
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    • 2004
  • In the current digital age, most of the countries in the world recognize the electronic business to be a very prospective area in the future and plan to activate for the preoccupation of the business. As a result, this led a rapid increase of the electronic business volume. Electronic business takes place in the cyber space, using internet. However, the intellectual property rights have a high degree of possibility of being infringed as the digitalized intellectual property is easy to receive, copy and transmit in the cyber space. The language structure on the web, represented by HTML, makes easier to copy the intellectual property. And, as the internet has no national boundary, the infringement of the intellectual property rights is easier regardless of country, which could lead to the commercial disputes between the concerned countries. There are in fact many legal disputes nowadays on the infringement of the intellectual property rights in such field as computer programming, infringement of the copyright, business model patent and infringement of the trademark right on the registered name of the domain. It is, therefore, time now to prepare a new theory or legal system to protect the intellectual property rights on copyright, patent and trademark right so as to comply with the digital environment together with such a splendid growth of "electronic business." USA and Germany are nowadays making a significant movement on the legislation of the electronic business, and this study will focus on the legislative contents, judicial precedents and interpretation of law in the above countries.

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A Study about False Alarm of Automatic Fire Detection System (자동화재 탐지설비의 비화재보 감소방안)

  • Lee, Jong-Hwa;Lee, Chun-Ha;Kim, Shi-Kuk;Kong, Ha-Sung
    • Journal of the Korea Safety Management & Science
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    • v.13 no.1
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    • pp.41-49
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    • 2011
  • The automatic fire detection system is an important facility installed with focusing on minimizing the damage from a fire. This paper presents in the followings as the methods to reduce the false alarm of the automatic fire detection system; first, to prepare for legal standard so that revised legal standard can be applied to the fire fighting property prior to revision; second, to introduce the performance based fire detection protection design in the law based fire protection design; third, to maintain the wiring of worn-out detector; forth, to introduce an evaluation system to the education for the fire warden; fifth, to extend the standard of MTBF(meantime between failure) of the detector; sixth, to extend of installing the analog type detector; seventh, to improve the structure of reset switch.

Legal Constraint of Airline Alliance (항공사 제휴의 법적 규제)

  • Suh, Myung-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.2
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    • pp.181-205
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    • 2006
  • After introduced in 1980's, the Frequent Flyer Program(FFP) was one of the most successful marketing tools in the airline industry and it has become a major linkage pin of strategic alliances for airlines despite of legal constraint. Further, the world air transport market progresses rapidly from a one-to-one alliance to a global alliance among groups due to fierce competition of the markets. In this study, I first examine the trends and the characteristics of global alliance groups. Further, I analyze the types of airline strategic alliances in the FFP, and present management strategy of the FFP for national flag carriers based on the collected data. It is suggested that airlines, including the two major Korean airline companies, consider the advantages of strategic alliances on the FFP in a rapidly changing management environment.

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A Study on Environmental Impact Assessment on the Area Expansion of Limestone Mining with regard to Cumulative Impact Assessment (누적영향평가 측면에서 환경영향평가제도의 문제점과 개선방안 연구 - 석회석광산 채굴규모 확장을 대상으로 -)

  • Kim, Cho;Yeon, Ik-Jun;Jung, Ju-Yong;Lee, Sang-Woo
    • Journal of Environmental Impact Assessment
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    • v.23 no.1
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    • pp.1-9
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    • 2014
  • This study, focusing on the area expansion of limestone mines, identifies the problems of Environmental Impact Assessment(EIA) and what impact the current problems exert on another mines developing process. The legal relations analysis reveals that the Management of Mountainous Districts Act and other related laws effect on EIA process, especially the case of area expansion of limestone mines excluded from EIA. However, these problems can create mismatch with the policy goal of EIA system and have a negative impact on the environment in the future. A series of indepth interviews with managers in related agencies found that those agencies have been unaware of the seriousness of the problem. Without any strategy, negative result made by development activities would get more serious and sustainable development may not be possible at all. In order to solve these problems, government should modify the current interdependent legal provision and create the incentive structure to participate actively related agency in the EIA system.