• 제목/요약/키워드: Legal requirement

검색결과 122건 처리시간 0.028초

서비스 품질과 신뢰가 고객만족에 미치는 영향 -법무사의 법률서비스를 중심으로- (Influence of Service Quality and Trust on Customer Satisfaction in Judicial Agents's Service)

  • 엄희열;이성호;김제숭
    • 품질경영학회지
    • /
    • 제40권4호
    • /
    • pp.513-530
    • /
    • 2012
  • Purpose: The requirement for legal services is going up by modern people living in the era of complexity and variety who want to resolve legal conflicts between individuals and improve their personal rights. Methods: In this study, we used both literature and empirical researches to achieve our goals. In literature research, concept of service quality, method of measuring service quality, and dimension of service quality were explored, relationship among service quality, customer satisfaction, and customer loyalty and hypothesis was made based on the above, and tested. To test the conceptual framework, structural equation modeling (SEM) has been used to analyze the data collected from 252 customers of Judicial Agents's Service. Results: This result is not consistent with that of advanced study; it was found that service has significant influence on customer trust, and the trust also has significant influence on customer satisfaction and loyalty. Conclusion: This study has limitations in terms of restricted service sectors and measuring methods. For this reason, the followings are needed to be considered for interpretation and generalization of the study results. We believe that further studies are needed to investigate other service areas as well as legal service at the same time, and study target which is limited to Gangwon Province needs to be expanded for more accurate investigation. In addition, in-depth follow-up study should be proceeded considering variables such as customer value, conversion cost, and image of service providers.

장애아 보육시설의 물리적 환경에 대한 법적기준 및 문헌 연구 - 한국, 미국, 호주를 중심으로 - (A Study on the Legal Regulations and Design Guidelines on Child Care Centers for Children with Disability - A Comparison with Korea, U.S.A. and Australia -)

  • 김민경;주서령
    • 한국실내디자인학회논문집
    • /
    • 제16권6호
    • /
    • pp.125-135
    • /
    • 2007
  • A study on child care centers has been developed with a focus on normal children. Also the child care centers which take care of children with disability are rare. In Seoul, Korea, only 2% of children with disability are taken care of in childcare centers. And even the disabled children at the child care centers are mostly mentally or emotionally disabled because the building, programs and services of the centers are restrictive to the children with severe physical disabilities. In Korea, it is not yet an obligation for child care centers to adopt Disability Accessibility Guidelines to make facilities accessible by the disabled. Also, Korea does not have specific design guidelines or legal standards. This study aims to review the domestic and foreign legal standards and design guidelines which are applicable to child care centers for children with disability through a reference review. Korean legal standards, and US's ABA and ADAAG were analyzed. Two representative references such as "Creating Inclusive Child Care Facilities" published in US and "Design for access and mobility requirement for Children and Adolescents with Physical Disabilities" published in Australia were reviewed. As a result, we categorized the guidelines according to contents such as locations, areas, space organizations, nursing spaces, sanitary spaces, and doors and corridors. The goal of this study is to provide the basic information to develop domestic design guidelines to ensure that the child care centers are welcoming and usable for everyone possible.

문화재 소관 법령에서 '원형유지' 원칙에 대한 법률적 검토 (Legal Review of Heritage Laws and Regulations)

  • 황권순
    • 헤리티지:역사와 과학
    • /
    • 제49권1호
    • /
    • pp.178-189
    • /
    • 2016
  • 이 글은 문화재 관련 법령에서 '원형'이라는 철학적 개념이 어떻게 표현되어 있으며, 해당 규정의 법률적 성격은 무엇인지, 실제 문화재 관리행위별로 적용되는 양태는 어떠한지 등을 살펴보고, 법적 구속력있는 기본원칙으로 작용하기 위해 필요한 사항은 무엇이 있는지를 설명하고 있다. 현행 문화재 관련 법령은 일반 국민, 문화재 종사자에게 '원형'을 유지할 것을 기속행위로 강요하고 있으나, 실체적 규정없이 선언적 당위적으로만 명시하고 있을 뿐이다. 이에 따라 실제 행정업무에 있어서도 원형이 무엇인지 밝히지 않고 절차적 규정만 준수하여 문화재를 원형으로 보존, 관리, 활용하려는 태도를 보이고 있다. '원형' 관련 규정이 실체적 법규성을 갖고 문화재 관리활동 전반에 구속력있게 적용되기 위해서는 많은 실체 규정을 보완해야 하며, 이 경우 명확성 원칙, 평등의 원칙, 비례의 원칙 등 규범통제의 기본원리에 위반되지 않도록 할 필요가 있다. 여전히 '원형' 원칙은 문화재 보호에 가장 필요한 개념이기에 법적 흠결없는 정합성있는 규범체계를 갖출 필요가 있다.

항공(航空) 자유화(自由化)와 '단일(單一)' 유럽항공시장(航空市場) 접근(接近);유럽사법재판소(司法裁判所)의 미(美) ${\cdot}$ 독(獨) 항공운수협정(航空運輸協定)상 '국적요건(國籍要件)' 조항(條項)의 공동체법(共同體法)상 '내국민대우(內國民待遇)' 규정 위반(違反) 관련 '집행위원회(執行委員會) 대(對) 독일연방(獨逸聯邦)' 사건 판결(判決)(2002)의 문제점을 중심으로 ('Open Skies' Agreements and Access to the 'Single' European Sky;Legal and Economic Problems with the European Court of Justice's Judgment in 'Commission v. Germany'(2002) Striking Down the 'Nationality Clause' in the U.S.-German Agreement)

  • 박현진
    • 한국항공운항학회지
    • /
    • 제15권1호
    • /
    • pp.38-53
    • /
    • 2007
  • In a seminal judgment of November 2002 (Case C-476/98) relating to the compatibility with Community laws of the 'nationality clause' in the 1996 amending protocol to the 1955 U.S.-German Air Services Agreement, the European Court of Justice(ECJ) decided that the provision constituted a measure of an intrinsically discriminatory nature and was thus contrary to the principle of national treatment established under Art. 52 of the EC Treaty. The Court, rejecting bluntly the German government' submissions relying on public policy grounds(Art. 56, EC Treaty), seemed content to declare and rule that the protocol provision requiring a contracting state party to ensure substantial ownership and effective control by its nationals of its designated airlines had violated the requirement of national treatment reserved for other Community Members under the salient Treaty provision. The German counterclaims against the Commission, although tantalizing not only from the perusal of the judgment but from the perspective of international air law, were nonetheless invariably correct and to the point. For such a clause has been justified to defend the 'fundamental interests of society from a serious threat' that may result from granting operating licenses or necessary technical authorizations to an airline company of a third country. Indeed, the nationality clause has been inserted in most of the liberal bilaterals to allow the parties to enforce their own national laws and regulations governing aviation safety and security. Such a clause is not targeted as a device for discriminating against the nationals of any third State. It simply acts as the minimum legal safeguards against aviation risk empowering a party to take legal control of the designated airlines. Unfortunately, the German call for the review of such a foremost objective and rationale underlying the nationality clause landed on the deaf ears of the Court which appeared quite happy not to take stock of the potential implications and consequences in its absence and of the legality under international law of the 'national treatment' requirement of Community laws. Again, while US law limits foreign shareholders to 24.9% of its airlines, the European Community limits non-EC ownership to 49%, precluding any ownership and effective control by foreign nationals of EC airlines, let alone any foreign takeover and merger. Given this, it appears inconsistent and unreasonable for the EC to demand, $vis-{\grave{a}}-vis$ a non-EC third State, national treatment for all of its Member States. The ECJ's decision was also wrongly premised on the precedence of Community laws over international law, and in particular, international air law. It simply is another form of asserting and enforcing de facto extraterritorial application of Community laws to a non-EC third country. Again, the ruling runs counter to an established rule of international law that a treaty does not, as a matter of principle, create either obligations or rights for a third State. Aside from the legal problems, the 'national treatment' may not be economically justified either, in light of the free-rider problem and resulting externalities or inefficiency. On the strength of international law and economics, therefore, airlines of Community Members other than the designated German and U.S. air carriers are neither eligible for traffic rights, nor entitled to operate between or 'free-ride' on the U.S. and German points. All in all and in all fairness, the European Court's ruling was nothing short of an outright condemnation of established rules and principles of international law and international air law. Nor is the national treatment requirement justified by the economic logic of deregulation or liberalization of aviation markets. Nor has the requirement much to do with fair competition and increased efficiency.

  • PDF

산업보건사업의 경제성 분석 (A Cost-Benefit Analysis of Industrial Health Promotion Program in Korea)

  • 김진현;양봉민;이석연
    • 한국환경보건학회지
    • /
    • 제19권2호
    • /
    • pp.88-99
    • /
    • 1993
  • There has been investments by firms to protect workers' health and to improve their health status. Most of the investments are made on the ground of legal requirement. However many argue that the amount of investments made falls short of the legally required level. One of the reasons why firms are not active in undertaking required investments is that they are not certain whether such investment is economically beneficial to them or not. Using CBA (Cost-Benefit Analysis), this study investigates whether firms' investments on workers' health are economically justifiable or not. All kinds of expected costs and benefits are itemized and calculated, and costs are compared with benefits. The result shows that if firms fully undertake the legally required investments, total expected costs amount to W453.2 billion and expected benefits accruing to reductions from medical care costs, workers compensation costs, litigation costs in case of legal suit, work days lost, and etc. comes up to W2,086.8 billion. In other words, economic benefits from firms' investment on industrial health far outweighs their costs. As the economy grows, the probability of having various occupational disease increases. It is well conceivable from this study outcome that, the higher the probability, the greater the social loss would be, and the greater the benefits from proper investments on workers' health.

  • PDF

Ethical Issues in Business Marketing Researches

  • HWANG, Hee-Joong
    • 연구윤리
    • /
    • 제3권2호
    • /
    • pp.1-5
    • /
    • 2022
  • Purpose: Various ethical issues arise in different stages of management and business marketing research. The current study aims to take look at practices that ensure informed consent, privacy and confidentiality, deception, and legal aspect in data management in procedures involved in marketing research. Research design, data and methodology: Literature content analysis was conducted for this research and the current author has investigated journal articles mostly to guarantee a high degree of content validity and to keep the advantages of qualitative content approach. The current study explores manifest topics regarding the ethical issues of business marketing research. Results: The current study found that ethical consideration needs to be similarly significant and learning from the previous researchers' approach to handling this issue is helpful for future research and is essential to have additional guidelines. Also, four findings (Lack of Informed Consent, Deception, Invasion of Privacy and Confidentiality, and Legal Data Management) indicate that marketing researchers need to consider before undertaking any project. Conclusions: Overall, the study presents practical suggestions though unexhausted. By raising these ethical marketing issues, consumer behavior disciplines will continue to expand and contribute positively towards attaining thoughts, feelings, and decisions that positively contribute to marketing research as the foundation for effective marking practices.

Enforcement of Arbitral Awards Incompatible with the Korean Procedural Framework

  • Lim, Sue Hyun
    • 한국중재학회지:중재연구
    • /
    • 제30권3호
    • /
    • pp.67-94
    • /
    • 2020
  • This paper examines the current enforcement regime of Korea and provides an overview of the same with focus on the changes before and after the 2016 revision of the Korean Arbitration Act. It briefly studies the pro-arbitration bias of the New York Convention, as well as the Korean judiciary's stance on the enforcement of foreign arbitral awards. Some of the substantial issues discussed in the paper include the major procedural changes brought about by the 2016 amendment with respect to the enforcement of arbitral awards. The paper also discusses the rare instances where the Korean judiciary refused to recognize or enforce an arbitral award, and the reasoning behind the refusal. The paper discusses and analyzes four court judgments that reflect the Korean judiciary's position on the enforcement of foreign and domestic arbitral awards in Korea. It focuses on the NDS v. KT Skylife case, where the court of first instance refused the enforcement on grounds that the relief granted by the arbitral tribunal was not specific enough for enforcement. Ultimately, the appellate court, although agreeing on the specificity requirement, reversed the ruling and granted an enforcement judgment on grounds that the application for enforcement had the legal interest to request an enforcement judgment.

현대 거주공간으로서 도시한옥의 가능성 제안에 관한 연구 - 북촌 도시한옥의 재해석을 중심으로 - (A Study on the proposal of possibility for the Tosi-hanok as contemporary residential space - Focused on the reinterpretation of the Tosi-hanok -)

  • 허혜림;임종엽
    • 한국실내디자인학회논문집
    • /
    • 제13권5호
    • /
    • pp.32-38
    • /
    • 2004
  • The value of the Tosi-Hanok have recently been appreciated and accordingly the resultant studies have actively been conducted. This is an attempt to probe our architectural type haying identity through our traditional architecture in Korean society that pursues only something new. But owing to the infusion of foreign cultures and modernization, the archetype of Korean-style house has either been damaged or indiscriminately transformed without the establishment of its proper norms. The understanding of the value of traditional cultures has gradually increased, and accordingly effort to preserve Korean-style houses through legal regulations or systems have continually been made in terms of appearance or cityscape. For this reason, it is thought that it Is insufficient to present the direction or alternative to preservation in relation to the change or use of the interior space with the pattern of requirement for other programs other than dwelling. Therefore, this study attempted to find out the original meaning of Korean-style house by highlighting the advantages of Tosi-Hanok and supplementing its disadvantage while accommodating the diverse requirement for programs as contemporary residential space. And it was intended to propose the model for Tosi-Hanok that accommodates social changes in content while maintaining its meaning by analyzing the Tosi-Hanok with a focus on interior space and preserving historical continuity on its basis.

미국 관세청의 선적전 추가 보안관련 정보 제출법안(10+2 Rule)에 관한 연구 (A Study on the Importer Security Filing and Additional Carrier Requirements(10+2 rule) in U.S.)

  • 송선욱
    • 통상정보연구
    • /
    • 제10권4호
    • /
    • pp.395-416
    • /
    • 2008
  • The advance information for oceangoing cargoes destined to th United States enable CBP to evaluate the potential risk of smuggling WMD and to facilitate the prompt release of legitimate cargo following its arrival in the Unites States. On January 1, 2008, CBP promulgate regulations, also known as 10+2 rule, to require the electronic transmission of additional data elements for improved high-risk targeting, including appropriate security elements of entry data for cargo destined to the United States by vessel prior to loading of such cargo on vessels at foreign seaports. The potential impact to an importer's international supply chain will be as follows ; Firstly, importers will take incremental supply chain costs and filing costs. Secondly, anticipate delay in shipment of containerized cargo. Thirdly, importers could be charged fines if they fail to file and file inaccurate or missing data. Companies exporting to the United States should be interested in 10+2 rule, analyze their current processes and procedures to ensure that they are prepared to handle the additional filing requirements of 10+2 rule. And they should focus on how 10+2 impacts their supply chain in terms of costs and sourcing. They will be necessary to revise service legal agreements with their forwarders, customs brokers or carriers in order to meet filing requirements of 10+2 rule.

  • PDF

식물 품종 및 종자의 품질평가 기준에 대한 규정현황 (Legal Aspects for Quality Evaluation Standard of Plant Variety and Seed)

  • 최근진
    • 한국작물학회지
    • /
    • 제47권
    • /
    • pp.200-215
    • /
    • 2002
  • There are some international standards and organization controling the quality characteristics of varieties and seeds such as UPOV, OECD, ISTA, AOSA. The National List system to check variety performance such as quality characteristics of plant varieties and seeds was established by each countries. The UPOV (International Union for the Protection of New varieties of Plant) regulates the requirement of plant variety protection that is distinctness (D), uniformity (U), stability (S) (here in after called DUS), Novelty and Denomination, and some quality characteristics are used to examine the requirement of plant variety protection by each crops. OECD (Organization for Economic Cooperation Development) seed scheme regulates the seed certification for seed trade between countries. ISTA (International Seed Testing Association) and AOSA(Association for Official Seed Analyst) regulates the seed analysis standard and methods. Most of the countries in Europe has the National List system, which check the value for cultivation and use(VCU), that is to say, variety performance such as yield, quality and stress to environment. All the seeds should be enlisted in the National List before sell the seed in their country. All the quality characteristics checked variety performance are for instance, amylose and amylopectin content in rice, molting quality, $\beta$-glucan, protein in barley, protein and sugar content in soybean, sugar and amylopectin content in corn etc. Conditions for the protection of new variety of plant are DUS. Quality characteristics may be the important characteristics and used to check DUS in crop by crop. It is very important to develop a new characteristics and establish standard method fur examine the VCU and DUS test for each crop.