• Title/Summary/Keyword: Legal Study

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Analysis of the Status of Legal Deposit and Acquisition of Electronic Publications in Korea (국내 전자출판물의 납본·수집 현황 분석)

  • Gyuhwan Kim;Daekeun Jeong;Soojung Kim
    • Journal of Korean Library and Information Science Society
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    • v.54 no.4
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    • pp.281-306
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    • 2023
  • This study analyzed the legal deposit, acquisition, and donation status from 2020 to 2022, along with the deposit status of e-publications with issued ISBNs. Through this analysis, the study derived improvement measures to strengthen compliance with legal deposit obligations for domestic e-publications. The key findings are as follows: The collection methods were acquisition (57.07%), legal deposit (41.74%), and donation (1.19%). The file formats varied, including e-books (pdf, epub), webtoons (jpg), and audiobooks (mp3). Most e-publications collected were published from 2012 to 2022, with some from 1960 to 2011. Webtoons dominated acquired materials, while legal deposits mainly comprised e-books. Analyzing the status of e-publications with issued ISBNs, e-books (96.2%) were most common, with the literature field receiving the highest number of ISBNs. Most ISBNs were issued during 2020 to 2022. Looking at the top 10 publishers, the low legal deposit rate indicates the need for improvement. To address this, proposed improvement measures include enhancing publishers' awareness of legal deposits, strengthening incentives and sanctions, encouraging voluntary participation through transparent disclosure of the legal deposit status, and improving the accuracy of data in the ISBN issuance and deposit system.

A Study on Improvement for Service Proliferation Based on Blockchain (블록체인 기반 서비스 확산을 위한 개선 방안 연구)

  • Yoo, Soonduck;Kim, Kiheung
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.18 no.1
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    • pp.185-194
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    • 2018
  • This study investigates the limitations of blockchain technology and the ways to improve it by using Delphi technique. Limit factors and improvement measures are classified into technology, service, and legal system. First, from a technical point of view, lack of standardization of the technology, insufficiency of integration, lack of scalability, unclear cancellation or correction policy, excessive cost of transaction verification, insufficient personal information protection and not enough to respond to hacking defense were the limiting factors. In order to improve these, the followings; ensuring standardization, securing integration and scalability, establishing cancellation of each applicable data, establishment of correction policy, efficiency of verification cost, the protection of personal information and countermeasure against hacking are provided. The related technology development and countermeasures must be established to effectively introduce the blockchain technology to the market. Second, in the early stage of blockchain service, it showed lack of utilization of the blockchain, security threat, shortage of skilled workers, and lack of legal liability. As a solution to these problems, it is necessary to suggest various applications, against security threat, training professional manpower, and securing legal responsibility. It should also provide a foundation for providing institutionally stable services. Third, from as legal system point of view, inadequate legal compliance, lack of relevant regulation, and uncertainty in the regulation were the limiting factors. Therefore establishing a legal system, which is the most important area for activating the service, should be accompanied by the provision of legal countermeasures, clearness of regulations and measures to be taken by relevant governmental authorities. This study will contribute as a reference for a research, related to the blockchain.

Comparative Legal Study of Workplace Thermal Environment Management Legislation (작업장 온열환경 관리 법제의 비교법적 고찰)

  • Saemi Shin;Hea Min Lee;Nosung Ki;Sang-Hoon Byeon;SunghoKim
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.33 no.4
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    • pp.485-501
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    • 2023
  • Objectives: The Ministry of Employment and Labor has revised the articles regarding management of the thermal environment in the workplace. Currently, two types of regulations exist together with indoor workplaces as the scope of application. It appears that the time has come to discuss regulations. In this study, we aim to identify the feasibility of and problems with the current system through a comparative legal review of workplace thermal environment management laws from around the world. We suggest directions for improving South Korea's workplace thermal environment management laws. Methods: For the several selected countries, we analyzed the classification and content of obligations stipulated for the thermal environment, the presence or absence of specific measures for thermal environment management, legal status and content, and the scope of application of thermal environment provisions and measures. The investigated content was classified according to Zweigelt-Kotz's legal theory. Results: In some countries, employers' obligations for regulating the thermal environment are broadly divided into two types: results and actions. The scope of application of provisions and measures on the thermal environment was extensive, with most of the selected countries targeting general workplaces. Conclusions: In the case of South Korea, restricting and classifying target workplaces and imposing separate obligations to manage a workplace thermal environment goes against global practices, and stipulating legal orders and separate action obligations in guidelines does not conform to the characteristics of South Korea's legal system, meaning that improvement is needed.

Systematic Literature Review of Smart Trade Contract Research (스마트 무역계약 연구의 체계적 문헌고찰)

  • Ho-Hyung Lee
    • Korea Trade Review
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    • v.48 no.3
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    • pp.243-262
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    • 2023
  • This study provides a systematic review of smart trade contracts, examining the research trends and theoretical background of utilizing smart contracts and blockchain technology for the digitalization and automation of trade contracts. Smart trade contracts are a concept that applies the automated contract system based on blockchain to trade-related transactions. The study analyzes the technical and legal challenges and proposes solutions. The technical aspect covers the development of smart contract platforms, scalability and performance improvements of blockchain networks, and security and privacy concerns. The legal aspect addresses the legal enforceability of smart contracts, automatic execution of contract conditions, and the responsibilities and obligations of contract parties. Smart trade contracts have been found to have applications in various industries such as international trade, supply chain management, finance, insurance, and energy, contributing to the ease of trade finance, efficiency of supply chains, and business model innovation. However, challenges remain in terms of legal regulations, interaction with existing legal frameworks, and technological aspects. Further research is needed, including empirical studies, business model innovation, resolution of legal issues, security and privacy considerations, standardization and collaboration, and user experience studies to address these challenges and explore additional aspects of smart trade contracts.

A Study on Improvement of Management Framework for Coastal Erosion Protection (연안침식방지를 위한 관리체계 개선방안)

  • Lee, Moon-Suk;Park, Seong-Wook
    • Ocean and Polar Research
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    • v.29 no.2
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    • pp.155-165
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    • 2007
  • Recently, coastal erosion has become an important issue in relation to keeping territorial integrity of a nation as well as protecting the coastal marine ecosystem. This study examines some apprehensions about the effectiveness of the existing legal system concerning prevention of coastal erosion. After examining several case studies in Scotland, the USA, and the Netherlands, this study proposes appropriate revisional legal measures that can be applied in Korea: first, the coastal management act should be revised for stronger, enforceable and practical legal grounds emphasizing minimal coastal erosion; second, the proposed "Comprehensive Coastal Erosion Prevention Plan" should be established and implemented in four steps such as characterization of issues through surveys of stakeholders and demand assessment, plan establishment, execution, and maintenance and management; third, there is a demand to establish and implement a legal framework to support monitoring activities which provide important data and information to prevent coastal erosion; fourth, the chronic region of damage is designated as the "Vulnerable Area" to be protected and managed accordingly; fifth, the "Coastal Coordination council" is established and operated for developing an integrated coastal management policy and visions for sustainable coastal zone, as well as coordinating and intervention of any activities which may cause coastal erosion.

Major Legal Issues with Third Party Funding in International Investment Arbitration (국제투자중재에서 제3자 자금조달 제도의 주요 법적 쟁점)

  • Ahn, Keon-Hyung;Kim, Sung-Ryong;Joe, In-Ho
    • Journal of Arbitration Studies
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    • v.23 no.2
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    • pp.55-79
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    • 2013
  • As arbitration becomes an increasingly popular mode of resolving disputes, neighboring industries begin to take notice. This interest is reflected in the increasing utilization of third party funding in international arbitration claims. In this regard, the third party funding industry appears particularly interested in investor-state arbitration claims because they typically involve considerable claim amounts and substantial legal fees. To examine this trend more closely, this paper, firstly, examines the investor-state arbitration more precisely in Chapter II. In Chapter III, this study continues to examine some legal issues which can arise as a result of a conflict of interest between the parties to the funding agreement including, inter alia, 1) a dispute in which the funder terminates the agreement during the arbitration proceedings, 2) a dispute in relation to a funder's intervention in arbitration proceedings, and 3) a dispute on the responsibility for adverse costs orders, if any. This paper further identifies major legal issues which can arise in relation to 1) disclosure of existence of the funding agreement, 2) attorney-client privilege. Lastly, in Chapter IV, this paper provides some lessons from an in-depth case study on third party funding agreements and solutions to avoid and to solve prospective disputes in the future.

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Research on the Factors Affecting the Willingness to Pay for Digital Music

  • Zhou, Yan
    • Journal of the Korea Society of Computer and Information
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    • v.24 no.6
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    • pp.81-88
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    • 2019
  • Based on the theory of planned behavior and the theory of legal deterrence, this study takes consumers' willingness to pay for digital music as the research object, investigates the consumers who have digital music consumption channels and behaviors, and discusses the willingness of consumers to pay for digital music and its influencing factors. The study attempts to achieve the following research purposes: First, explore the influencing factors of willingness to pay for digital music using domestic and foreign literature research and related content analysis. Second, we want to examine the effect of Attitude, Collective Specifications, Quality Sensitivity and Music affinity on willingness to pay. Third, Legal deterrence and resource availability tries to verify whether there is a moderating effect between Attitude, Collective Specifications, Quality Sensitivity and Music affinity and willingness to pay. The research data was collected in 2019 between April 6th to May 8th. Questionnaires were randomly distributed in fixed places, mainly in Hubei Province, China. A total of 393 questionnaires were selected for data analysis. Based on the previous theoretical review and empirical analysis, the study draws the following conclusions: Firstly, attitude, collective specifications, quality sensitivity and music affinity have an impact on the willingness to pay. Second, Legal deterrence has a regulatory effect on the relationship among quality sensitivity, musical affinity and the willingness to pay. Last the resource availability has a significant impact on the willingness to pay. It also has a regulatory effect on the relationship among quality sensitivity, music affinity and the willingness to pay.

Political and Legal Aspects of the Transformation of the Content and Forms of Education Under the Pressure of the Pandemic

  • Serhieiev, Viacheslav;Zahurska-Antoniuk, Viktoriia;Kobetiak, Andrii;Yemelianov, Roman;Tohobytska, Violeta
    • International Journal of Computer Science & Network Security
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    • v.22 no.10
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    • pp.131-136
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    • 2022
  • The main purpose of the article is to study the legal aspects of the transformation of the content and forms of education under the pressure of the pandemic. The global COVID-19 pandemic that began in 2020 exacerbated the global economic and social crisis and revealed new social problems that need to be addressed urgently. First of all, these are problems in the field of human health, problems of medicine and its financing, psychological problems caused by the total restriction of social contacts of people, problems of suicides, aggressive behavior, intolerance, violence and many other social problems. It would seem that the problems of education are not relevant today. But we cannot agree with this. A number of theoretical methods of analysis were applied during the study. Based on the results of the study, key legal aspects of the transformation of the content and forms of education under the pressure of the pandemic were identified.

A Study on the Legal Effect of Electronic Contract (전자계약의 효력에 관한 연구)

  • Song, Gye-Eui
    • International Commerce and Information Review
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    • v.1 no.2
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    • pp.229-247
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    • 1999
  • Where a paper document, a manual signature, or negotiability is required in statute, then solutions must be found through a change in the law. However, where the problem originates in commercial usage, then the solution can be easier, and speedy. Certainly, nearly all of the functions that paper document provides can be equally, or better, satisfied by electronic means. That is, Electronic Commerce(EC), which has been increasing rapidly and is a new type of transaction, may be hindered by legal obstacles to use of Electronic Message, or by uncertainty to its legal effect and validity. Therefore, it is important to sustain legal effect to Electronic Message for the prosperity of EC The one of solutions is to use reliable Electronic signature system by Certification Authority to verify the authenticity of Electronic Message.

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A Study on the Prospects of Export Control System Regarding to the Strategic Items (전략물자 수출통제의 현황과 전망에 관한고찰)

  • Oh, Hyon-Sok;Yang, Jung-Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.42
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    • pp.309-335
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    • 2009
  • Over the last several years, regarding to the strategic items, the international community has seen governments make more formal commitments to adopt and implement effective export controls to counter the proliferation of weapons of mass destruction(WMD). United Nations Security Council Resolution 1540(that is "S/RES/1540") stands as the most important of these commitments. Many UN members already have export control laws and regulations in place to prevent the proliferation of weapons of mass destruction. Many members also participate in a variety of formal and informal international arrangements to coordinate their export control efforts. Nonetheless, each of these countries has its own unique legal framework for export controls. This generates considerable diversity in the construction of the specific national legal authorities. Over the last few years, however, a consensus over what constitutes the key elements of effective legal authorities for export controls has begun to emerge. Evidence for this development comes in the identification of best legal authorities or principles at several multilateral conferences on export controls.

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