• Title/Summary/Keyword: Legal issues

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A draft instrument on the international carriage of goods and the outstanding issues (유엔 국제화물 운송협약(초안)과 주요 쟁점 연구)

  • Choi, Jae-Sun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.23
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    • pp.223-247
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    • 2004
  • United Nations Commission on International Trade Law(hereinafter"UNCITRAL"), the core legal body of the United Nations system in the field of international trade law, is currently in the process of preparing a draft instrument on the international carriage of goods. In order to facilitate and prompt for new draft instrument, Working Group Ⅲ was established under the auspicious of UNCITRAL in 2002. Working Group, which was composed of all member countries of UNCITRAL, considered the text of preliminary draft instrument on the carriage of goods by sea. According to the Working Group's report, this new convention deals with issues relating to the international ocean carriage of goods such as the scope of application, the period of responsibility of the carrier, liability of the carrier, obligations of the shipper and transport documents including electronic records. In the course of the second reading, however, there are lots of outstanding issues to deliberate and consider for formulating new version of the ocean cargo liability convention. One of the substantial issues is the snail's pace of progress in last sessions. Therefore legal adviser and industry representatives assume the next UNCITRAL meeting, in Vienna, Nov. 29-Dec. 10, would be more critical to complete the convention.

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A Study on Legal Issues and Arbitration Appropriateness with Exclusive Contract of Entertainment Management (연예인 전속매니지먼트계약의 법적 쟁점과 중재적합성에 관한 연구)

  • Choi, Seung-Soo;Ahn, Keon-Hyung
    • Journal of Arbitration Studies
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    • v.19 no.2
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    • pp.49-72
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    • 2009
  • Korea Fair Trade Commission (KFTC), one of the Government agencies, has been preparing a standard model form of Exclusive Contract for Entertainment Management (hereinafter referred to as "Exclusive Contract") to eliminate some types of unfairness that placed entertainers at disadvantage such as forced PR activities or activities without payment, excessive privacy infringement, and exemption of payment after the termination of the exclusive contract. The said Exclusive Contract was drafted by The Korean Commercial Arbitration Board (the "KCAB") in association with the Korean Entertainment Law Society (the "KELS") and KCAB has persistently persuaded Corea Entertainment Management Association (the "CEMA"; mainly actors management) and Korea Entertainment Producers' Association (the "KEPA"; mainly singers management) to adopt the above-mentioned Exclusive Contract, respectively, and especially arbitration clause instead of litigation. After KCAB's tens of meetings and persuasion, they finally decided to accept KCAB's offer and they have submitted the Exclusive Contract drafted by KCAB and KELS to KFTC on April 17, 2009. The arbitration clause drafted by KCAB was already accepted by unfair contract examination division and unfair contract advisory committee and the final standard model contract was supposed to be publicly announced on June 30, 2009 after final examination of unfair contract standing committee, but the announcement has been delayed owing to severe controversies between the concerned parties, such as CEMA, KAU (Korea Artists' Union), KEPA and KSA (Korea Singers' Association) related to delicate issues like contract period and ownership of intellectual properties, etc. But it is expected the announcement will be made very soon by which the contract will include the originally drafted arbitration clause by KCAB. Therefore, it is very timely to examine the various legal issues which can be arisen out of disputes, and arbitration appropriateness with Exclusive Contract of Entertainment Management on this paper.

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A Study of Public Records Management Act: Legal Status of the National Archives of Korea and Right to Know (『공공기록물 관리에 관한 법률』의 제정 의의와 개선방안 - 국가기록원의 위상과 국민의 알권리를 중심으로 -)

  • Kim, You-Seung
    • Journal of Korean Society of Archives and Records Management
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    • v.8 no.1
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    • pp.5-25
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    • 2008
  • This article reviews the current Public Records Management Act which revised in October 2006 and put in force in April 2007. Since Public Records Management Act has been enacted in 1999, the external development of record management is significant. The Road Map for Record Management Reform in 2005 and the Information Strategy Project in 2006 are prime examples. However, our legal system concerning record management is still posing a number of problems, ranging from issues about objects and definitions of record management to issues of access. These issues have been subject to serious critics from various stakeholders, including civil organizations and academics. The article analyses a legal status of the National Archives of Korea and issues concerning access to current and archival records. As a result of the discussion, the article provides alternative plans.

Legal Regulation Of Insurance In Tourism

  • Andrusiv, Uliana;Skrypnyk, Volodymyr;Zihunova, Inna;Klochko, Oleksii;Khutkyy, Volodymyr
    • International Journal of Computer Science & Network Security
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    • v.21 no.11
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    • pp.189-192
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    • 2021
  • The article is devoted to the issue of the content of legal instruments in terms of tourism business, namely the problems of legal regulation of insurance in tourism. The analysis of the state of development of the problem in question shows that the issue of legal regulation of the insurance contract in general and the contract in tourism services, in general, is insufficiently studied. The article is devoted to topical issues of legal regulation of insurance in the field of tourism, the search for effective mechanisms to increase the liability of both underwriters and insurers. Therefore, insurance can be considered as one of the methods of preventing unfortunate consequences during the implementation of tourism activities. The author's vision of the content of the package of measures that can positively influence not only the development of the tourist industry in general but primarily to help identify those legal segments that need improvement in the future has been stated.

International Legal Measures of Protection of Critical Infrastructure Facilities in Banking Sphere

  • Oleg, Batiuk;Oleg, Novikov;Oleksandr, Komisarov;Natalia, Benkovska;Nina, Anishchuk
    • International Journal of Computer Science & Network Security
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    • v.22 no.10
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    • pp.145-154
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    • 2022
  • Based on the obtained results of the study, the most problematic issues and legal conflicts are identified, which are related to the ratio of norms of domestic and foreign legislation, taking into account the requirements of the Constitution of Ukraine and the provisions of the Law of Ukraine "On international agreements". Along with this, it is stated in this scientific article that there are a number of provisions and examples of positive practice on the specified topic abroad and in international legal acts today, which should be used by Ukraine both in improving legislation on the issues of banking activity and in increasing the level of criminal legal protection of relevant critical infrastructure facilities, especially those that are substantively related to prevention and counteraction of activity, with regard to the legalization (laundering) of criminally obtained funds, financing of terrorism and the financing of the proliferation of weapons of mass destruction, which is quite relevant for our state, given the military conflict that is taking place on its territory in the Donbass. Again, in the same context, the need for more active cooperation between Ukraine and the FATF (international body developing a policy to combat money laundering) has been proven.

A Study on Legal and Institutional Issues for Distributing and Reusing GIS Data (GIS 정보 유통 및 활용에 관한 법.제도 연구)

  • Lee, Bong-Gyou;Song, Ji-Young
    • Journal of Korea Spatial Information System Society
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    • v.2 no.1 s.3
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    • pp.73-81
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    • 2000
  • The purpose of this study is to provide a legal and institutional perspective for distributing and reusing GIS data in Korea. Along with the rapid growth of GIS market and demands on GIS service, legal and institutional issues for distributing, reusing and securing GIS data are arising. Each country has its own the law, policy and institution of GIS data that are directly related to intellectual property. After exploring laws and institutions regarding GIS in United States, Canada, Australia, New Zealand and Korea(Act No.6201), this paper presents a guide for distributing and reusing GIS data in Korea.

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Legal Issues in the Act on the Promotion of Education for the Gifted and Talented Law (영재교육진흥법에 대한 교육법적 쟁점)

  • Park, Chang-Un;Choe, Ho-Seong;Seo, Hae-Ae
    • Journal of Gifted/Talented Education
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    • v.19 no.2
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    • pp.211-240
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    • 2009
  • This paper attempts to explore issues related with the Sifted and talented education in legal aspects. To accomplish this goal, the legal system connected with the gifted and talented education is examined. It includes the Constitution of the Republic of Korea, framework act on education, elementary and secondary education act, etc,. Second, the institutional process of the Act on the Promotion of Education for the gifted and Talented Law and legal characteristics is reviewed. It is found that the Act on the Promotion of Education for the gifted and Talented Law and its regulations is designated to achieve goals of education in general. Educational institutions for children with gifted and talented seem to attain more investment than general education institutions. Third, main issues in the Act on the Promotion of Education for the gifted and Talented Law is discussed. They are the legal system, legal name and aim, rights and obligation for gifted and talented, selection of gifted and talented, organization and operation of curriculum, and teacher education. In conclusion, it needs deeper study on each issue and needs to be presented the specific alternatives. So, it should be improved the law in such a way to meet the fundamental human rights for the gifted and talented.

Information and Legal Support for the Implementation of a Gender Approach to Public Administration

  • Goshovska, Valentyna;Balasynovuch, Nataliia;Hryhorovych, Liliia;Goshovskyi, Volodymyr;Danylenko, Lydiia
    • International Journal of Computer Science & Network Security
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    • v.21 no.7
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    • pp.150-158
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    • 2021
  • The study identifies the importance of informational and legislative support in ensuring gender equality. It determines the relevance of gender inequality, the main problem, which is confirmed by research and statistical information. The study aims to determine the methods of collecting information and legal regulation of gender issues and the possibility of solving them by public authorities. The main methods of gathering information are census surveys, questionnaires, surveys on public service websites, work with local communities, surveys in nursing homes and orphanages, special survey programs, and election polls. The paper considers the legal regulation of gender inequalities at the international, state, local and organizational levels. According to the analysis of the problem of gender inequality, it is established that the problem is practically eliminated in many developed countries, while countries with low incomes face gender inequality constantly.