• Journal of the Korean Society of Marine Environment & Safety
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• v.27 no.3
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• pp.421-428
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• 2021

Identifying which international maritime legal instruments are mandatory or recommendatory is complicated task even for maritime regulatory bodies. Although International Maritime Organization (IMO) had tried to ease the complexity by adopting guidelines on uniform wordings for making reference to other instruments in IMO parent conventions, there has still been some confusion identifying the mandatory status of IMO instruments. The aim of this study was to map out a step-based guideline to resolve the complexity of the mandatory status of IMO instruments to the maximum extent possible. This study reviewed the history of IMO rule-making process to find the root cause of the problem, then analyzed the approaches of regulatory enforcement bodies to check the practices. In conclusion, readers are directed to find such information as to legal status of IMO instruments and an improvement is proposed to enhance the transparency of information sharing for maritime industry to make better informed decisions.

• Proceedings of KOSOMES biannual meeting
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• 2017.04a
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• pp.179-179
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• 2017

• Journal of Sport and Applied Science
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• v.3 no.1
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• pp.19-25
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• 2019

Purpose: Children's swimming pools are picking up faster than the other types of swimming pool. Yet, safety law-related studies are still lack. This study is to review legal status of children's swimming pool in Korea and to discuss the related legal issues for safety management of children's swimming pool. Research design, data, and methodology: The study reviewed law and clauses for sport facility management and related legal clauses with chilren's swimming pool management, and sport facility-related articles. Results: Safety management of children's swimming pool should currently follow law for sport and physical education facility management because of no its own legal norm for children's swimming pool. Given this, specific law and clauses for children's pool management need to be legislated to prevent risks for children and to satisfy specific safety factors considering careless behavior of children. Conclusions: Regarding this, the study points out five suggestions. First, law should be established to make notification of safety rules mandatory and this notification should be placed in the pool. This notification would be better effective if it is visualized. Second, according to law, safety 7 rules of children' s swimming pool need to be legistrated and educated for pool managers to obey them. Pool managers could also add their own rules to the 7 rules. Finally, preparation of emergency kits and safety devices need to be mandatory in the pool. Further implications were discussed.

• Journal of Distribution Science
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• v.14 no.6
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• pp.53-63
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• 2016

Purpose - This study examines the effects of the influence strategies on sales representative and headquarter trust, and investigates how sales representative trust plays a mediating role in the relationship between influence strategies and headquarter trust. For these purposes, a structural model which consists of several constructs was developed. In this model, influence strategies that consist of relational influence strategies (information exchange, recommend, promise) and mandatory influence strategies (legal plea, request, threat) were proposed to affect the sales representative trust and in turn, increase the headquarter trust. Thus, this study proposed that sale representative trust plays a core mediating role in the relationship between relational and mandatory influence strategies and headquarter trust in B2B food materials distribution context. Research design, data, and methodology - For these purposes, the authors collected the data from 208 B2B specialized complex agents. We used the 2,200 B2B specialized complex agents which trade with CJ, Ottogi, and Daesang firms and supply food materials to restaurant, school cafeteria, supermarket and traditional market as a sample frame. Once we identified 330 B2B specialized complex agent owners, CEOs, and/or Directors who had agreed to participate in this study, we dropped off a questionnaire at each B2B specialized complex agent and explained the purpose of this study. The survey was conducted from October 1, 2015 to December 15, 2015. A total of 230 questionnaires were collected. Of these collected questionnaires, 28 questionnaires excluded since they had not been fully completed. The data were analyzed using frequency test, reliability test, measurement model analysis, and structural equation modeling with SPSS and SmartPLS 2. Results - First, information exchange, recommendation, and promise of relational influence strategies had positive effects on sales representative trust. The threat of mandatory influence strategies had a negative effect on sales representative trust, but legal plea and request did not have a significant effect on sales representative trust. Second, information exchange and recommendation of relational influence strategies had positive effects on headquarter trust, but promise did not. Also, legal plea, request, and threat of mandatory influence strategies did not have a significant effect on headquarter trust. Third, this findings show that sales representative trust plays a partial mediator between information exchange and headquarter trust, and threat and headquarter trust, and a full mediator between promise and headquarter trust, and recommendation and headquarter trust. Conclusions - The aim of this study was to examine the effects how diverse dimensions of relational and mandatory influence strategies relate to sales representative trust and headquarter trust. To do so, we integrated the influence strategies and the trust transfer theory to hypothesize that various influence strategies increase sales representative and headquarter trust. The findings of this study suggest that headquarter firms should establish and enforce proper influence strategies guidelines to make clear what proper actions sales representatives should implement in relationship with B2B specialized complex agents. Also, relational and mandatory influence strategies must be regarded as a long-term and ongoing strategy that eventually build a long-term orientation with B2B specialized complex agents and guarantee a company's sustainable growth and success.

• Journal of the Architectural Institute of Korea Planning & Design
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• v.33 no.12
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• pp.3-11
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• 2017

The non-mandatory guidance and illogical ordinance of local government generate complicated and vague regulations and procedures. These cause inconvenience in building administration, and give rise to unnecessary social and administrative expenses. The purpose of this study is to suggest the improvement of building administration by local government from an institutional point of view through the literature review and the specialist survey focusing on the problems arising from the building ordinances and non-mandatory guidance. The results of this study are as follows; In the first place, the connection between law and ordinance should be improved in a systematic, definitude manner and high-degree of completion. Second, the monitoring management system should be arranged in order to excavate and improve the non-mandatory guidance. Third, the effort should go into improving ability and disposition of building official. Fourth, it is necessary to materialize and clarify the regulatory contents and adjust them to fit the legal system. Lastly, it is important to reinforce incentives and procedures of verification in order to manage building ordinances of legal government's own free will. In order to improve of building administration by local government, it is necessary to make the structure of sustainable improvement and discuss not only institutional aspect but also elements of building administration in later study.

• Journal of Arbitration Studies
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• v.30 no.3
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• pp.21-45
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• 2020

The major legal issues of this case were governing law questions regarding the liability of the shipowner/employer to its employee. It is true that in the absence of the parties' choice of law, the arbitral tribunal may apply the substantive laws or rules of law which it deems appropriate. However, it does not mean that the arbitral tribunal has arbitrary discretion in choosing the appropriate law as the governing law of the case; rather, the arbitrators should carefully examine the conflict of law rules of the forum and the requirement of the law of the country where the upcoming arbitral award will be enforced. They must bear in mind the role of the "connecting factors" in determination of the governing law. Therefore, the application of an alien law, which has minimal connecting factor with the case, may lead to a conclusion that is hardly understood by the parties. On the same token, the arbitrators must pay attention to applying the mandatory rules of a country, the laws of which not being the governing law of the issue. It is said that the application of the mandatory rules is a necessary evil to secure the enforcement of the award in the country, which has national interest in applying its own law to the issue. Further, arbitrators must pay attention to the consistent application of the law and respect the integrity of a legal system to reach a fair conclusion. The place of service of a seafarer for a vessel navigating international sea ought to be its home port country rather than the country of the ship registry, and the party autonomy in choice of the law in a seafarer employment should be respected.

• Journal of Korean Society for Quality Management
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• v.41 no.1
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• pp.1-14
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• 2013

Purpose: The purpose of this research was to investigate the spread pattern of Korean legal certification systems and their impact on industry performance. Methods: It first analyzes the life cycle of legal certification systems and classifies them into four categories based on the spread patterns in a chronological view. A survey study is then conducted to find out the impact of legal certification systems on financial performance. Both the legal mandatory certification systems and the legal voluntary certification systems are included in the survey. Results: Four spread patterns of legal certification systems are sustainable growth, stagnation after growth, decrease after growth, and repetition of growth and declination. 56% of 293 certified corporations responded positively about the financial impact of their certification systems. Conclusion: The policy makers can utilize the results of this study in designing additional certification systems as well as promoting the current legal certification systems.

• Journal of Preventive Medicine and Public Health
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• v.49 no.1
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• pp.1-17
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• 2016

The Middle East respiratory syndrome coronavirus (MERS-CoV) outbreak in South Korea in 2015 has drawn public attention regarding the legal regulation of infectious disease control in Korea. This paper discusses the interpretive and legislative concerns regarding the Infectious Disease Prevention and Control Act, its ordinance and enforcement regulations, as well as public statements from the relevant administrative agency. Future improvements are also proposed.

• Journal of Arbitration Studies
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• v.25 no.3
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• pp.3-31
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• 2015

This paper sets out a multi-dimensional approach that parties drafting a "hybrid clause" for their arbitration agreement can adopt, for purposes of maximizing enforceability, taking into account the multi-jurisdictional interplay between the seat Court, the governing law and the enforcement Court(s), as well as mandatory rules that can be present in the lex arbitrii, the governing law, and/or the law of the enforcement for a. This paper draws on both the co-authors' practice experience, as well as first principles of party autonomy in light of mandatory rules, based predominantly on the scholarship of Briggs and Nygh.

• Journal of Arbitration Studies
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• v.33 no.3
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• pp.95-106
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• 2023

This informative piece delves into the intriguing and crucial history of third-party funding in Nigeria and its application in the Arbitration and Mediation Act of 2023. The article analyses the impact of this funding on cross-border transactions while addressing concerns about mandatory disclosure. The absence of remedies or sanctions for non-disclosure is also a matter of concern that warrants thoughtful examination. The article looks closer at the role of courts, tribunals, and arbitral institutions in addressing gaps in the Act. Ultimately, it presents a well-considered set of recommendations for moving forward. Overall, this piece provides a comprehensive and insightful look into the intricate world of third-party funding and its significance within the Nigerian legal system.