• Title/Summary/Keyword: Legal requirement

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Kazakhstan's Gender Policy: Problems and Prospects

  • Potluri, Rajasekhara Mouly;Abikayeva, Marina Dauletovna;Yanovskaya, Ol'ga;Potluri, Lohith Sekhar
    • The Journal of Industrial Distribution & Business
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    • v.7 no.2
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    • pp.21-24
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    • 2016
  • Purpose - The purpose of this paper is to review, analyze and identify the suitability of Kazakh gender policy for the changes taken place in the society with suggesting necessary changes. Research design, data, and methodology - After meticulous reviews of germane literature, the researchers applied an analytical approach which focuses on analyzing the Kazakh's gender policy and its issuance guidelines based on the present requirement in the society. Even though the policy has introduced with astonishing prudence, present-day living trends in society require imperatively some notable modifications which protect the rights of women and minority sections of the society. Results - Through this gender policy, government has proffered required legal, financial and preferential support country's women to participate in the management and legislation of the country. Kazakh gender policy requires upgradations which flawlessly support women in the lifestyles of the feminine community. Conclusions - In achieving gender equality in the economy as a priority area, Kazakh government monitoring persistently and closely the changing trends of women and their requirements which introduce necessary modifications to the existing gender policy of the country with the cooperation of international organization.

A Study on Convention of ILO Amending for Korean Seamen Act (선원법의 개정을 위한 ILO협약에 관한 고찰)

  • 황석갑
    • Journal of the Korean Institute of Navigation
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    • v.19 no.4
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    • pp.9-40
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    • 1995
  • Since Korean Seamen Act(herein after called "the Act") has been legislated in 1962, an amendment of the Act has duly performed several times in order to meet an essential guideline of appropriate international convention and practical requirement of domestic labour movement. As the Act in many area, is based on the application of international convention and regulations, it has been considered essential to call attention to such international rules, to emphasize their importance, and to indicate how and to what extent they may be incorporated in national law, in accordance with national constitutional rules and requirements. Of newly amended act in 1991, it could, however, not fully reflect an adequate and modern labour standard as a guideline of the convention. Therefore, a principal objective of this paper is to provide a comprehensive reference work to assist amending up-to-data seamen act against the Act. The guidelines, however, do not attempt to suggest or formulate a legislative programme, but rather provide an ordered and specific content corresponding to international convention adopted by ILO. Consequentially, these guidelines aim to direct the reader and legislator toward the sources and contents of what has come to constitute an international code of maritime labour standards. The guidelines described herein may also serve as a specific arrangement to the various kinds of legal aspects to be regulated through reasonable future amendment under amicable agreement between interesting parties.g parties.

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Life Cycle Costing: Maintenance and Repair Costs of Hospital Facilities Using Monte Carlo Simulation

  • Kim, Tae-Hui;Choi, Jong-Soo;Park, Young Jun;Son, Kiyoung
    • Journal of the Korea Institute of Building Construction
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    • v.13 no.6
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    • pp.541-548
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    • 2013
  • During the administration of a construction project, various types of participants are engaged in the project. From the design phase to the maintenance phase, these participants may confront many risks. To avoid these risks, participants should utilize an insurance company or a bond company. The types of risks and liability that a construction manager may face are listed in the construction law or contract. But there are some arguments related to risk transferring and the content of risks. For this reason, construction managers must carefully consider any possible risks in the contract and the construction law. Therefore, for construction managers to deal with risks appropriately, the introduction of a legal requirement to carry professional liability insurance, a defined compensation range for damages, a method of guarantee in the event of defects, a defined compensation claim period for damage, and a method of damage claim were suggested in this study.

The Validity of Consumer Arbitration Agreement - Focusing on U.S. Cases - (소비자 중재합의의 유효성 - 미국판례를 중심으로 -)

  • PARK, Eunok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.77
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    • pp.43-67
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    • 2018
  • Arbitration is one of alternative dispute resolution systems which settle a dispute by arbitrators(private persons) based on a contract between contracting parties without a judicial litigation system involved. As a valid arbitration agreement is an essential requirement for commencement of arbitration, the first thing to be determined is whether there is a valid arbitration agreement or not when a dispute is submitted. A consumer arbitration agreement usually exists as an arbitration clause in an adhesive contract between consumers and a seller. When consumers buy a product from a seller, they are requested to agree on a general terms and conditions which are unilaterally drafted by a seller in advance. These terms and conditions are not negotiable because it is an adhesive contract and consumers are placed in "take-it-or-leave-it" position. Therefore, even though there is an arbitration agreement between consumers and a seller, it has to be carefully considered whether it has a legal effect or not. In this respect, a court will examine if an arbitration agreement has procedural unconscionability and substantive unconscionability. Therefore, as U.S is a well-advanced and arbitration-friendly country, this paper analyzes four U.S cases to find out (i) what a court considers, (ii) how a court examines and interprets procedural and substantive unconscionability and (iii) if there has been a change in regard to a court's decision. By doing so, it will provide some suggestions and guidelines for a consumer arbitration in Korea.

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Elderly Group Homes in Korea - How They are Operated and What Needs to Be Done to Promote Them? - (노인공동생활가정의 운영 실태 및 활성화 방안)

  • Jee, Eun-Young
    • Journal of the Korean housing association
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    • v.26 no.5
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    • pp.53-60
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    • 2015
  • This study is aimed at identifying and evaluating the current operating model of elderly group homes in Korea, which were introduced with the amendment to the Welfare of the Aged Act in 2008, based on a survey of 25 managers of such homes. There are several key themes identified in the evaluation of their operation in terms of human resources, service, space and finance. The number of employees at the homes complied with the applicable law, with the majority having more employees than the minimum legal requirement for the care of residents. A wide variety of service programs were offered for residents. Typically located within detached houses purchased on the first floor, the homes varied in size from 73 square meters to 560 square meters, with each having a distinctly residence-like atmosphere. The greatest challenge such homes face was a shortage of financial resources. Many struggled to operate because they have no other source of revenue than payments from residents. Consequently, to help promote elderly group homes, there needs to be state-level support for the view that providing assistance for self-sufficient elders can save social costs in the long run by delaying their transition to a physical state requiring constant nursing.

Advances on heat pump applications for electric vehicles

  • Bayram, Halil;Sevilgen, Gokhan;Kilic, Muhsin
    • Advances in Automotive Engineering
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    • v.1 no.1
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    • pp.79-104
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    • 2018
  • A detailed literature review is presented for the applications of the heat pump technologies on the electric vehicles Heating, Ventilation and Air Conditioning (HVAC) system. Due to legal regulations, automotive manufacturers have to produce more efficient and low carbon emission vehicles. Electric vehicles can be provided these requirements but the battery technologies and energy managements systems are still developing considering battery life and vehicle range. On the other hand, energy consumption for HVAC units has an important role on the energy management of these vehicles. Moreover, the energy requirement of HVAC processes for different environmental conditions are significantly affect the total energy consumption of these vehicles. For the heating process, the coolant of internal combustion (IC) engine can be utilized but in electric vehicles, we have not got any adequate waste heat source for this process. The heat pump technology is one of the alternative choices for the industry due to having high coefficient of performance (COP), but these systems have some disadvantages which can be improved with the other technologies. In this study, a literature review is performed considering alternative refrigerants, performance characteristics of different heat pump systems for electric vehicles and thermal management systems of electric vehicles.

Quality of Corporate Governance: A Review from the Literature

  • Rahman, Md. Musfiqur;Khatun, Naima
    • The Journal of Asian Finance, Economics and Business
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    • v.4 no.1
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    • pp.59-66
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    • 2017
  • The purpose of this paper is to review the quality of corporate governance from the prior empirical literature. This study finds that most of the researchers developed the self structured corporate governance index and few researchers used the corporate governance index provided by rating agencies. This study also finds that there is no uniform basis to measure the corporate governance quality and observed the variation in terms of overall and individual attributes of corporate governance; sub-indices of corporate governance; scoring system; weighted and un-weighted method; statistical method; time period; financial and non financial companies; code of corporate governance; listing requirement; disclosure practices; legal environment; firms characteristics; and country perspective. This study also observed that overall corporate governance quality is very low in most of the studies and even quality of corporate governance varies in the firms within the same country. This study recommends that the boundary of corporate governance quality should be defined based on the agreed set of rules and regulation, code of governance and practices. This study also suggests that the regulator and policy makers should more emphasize on code of corporate governance and regulatory framework and monitoring to improve the quality of corporate governance.

Introduction of Alternative Conformity Assessment System for New Radio, Telecommunication and Broadcasting Equipment Without Technical Requirement (융합 신기술을 채택한 방송통신기기의 대안적 적합성 평가체계 연구: 기술기준 부재의 경우를 중심으로)

  • Lee, Yong-Kyu;Han, Ju-Yeon
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.34 no.2B
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    • pp.203-211
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    • 2009
  • In the area of the telecommunication industry, a few products have been developed before related technical regulation has been made. Government agency is forced to make a final decision on whether a requested product is sellable in the market only after the structure and function of requested product is tested. The introduction of a 'SDoC', and 'privatization of technical regulation' to our legal system could be a solution for minimizing the situation mentioned above. Both 'SDoC' and 'privatization of technical regulation' are systems which are capable of minimizing the appearance of products without technical regulations. Furthermore, 'Temporary approval system' would provide a government agency with administrative procedure for new product without technical regulation.

A case study on the family-friendly culture of non-certified firms for a family-friendly certification system improvement (가족친화인증제도 검토를 위한 미인증기업의 가족친화문화 사례연구)

  • Kim, Seon-Mi;Jun, Jong-Kun;Lee, Seung-Mie;Koo, Hye-Ryoung;Lee, Hyun-Ah
    • Journal of Family Resource Management and Policy Review
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    • v.21 no.3
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    • pp.161-182
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    • 2017
  • This qualitative case study explored seven non-certified firms' family-friendly cultures and their responses to the family-friendly certification through interviews with the human resources managers. The results from the data analysis revealed within firm's differences and a gap among those firms. In addition, their responses to the family-friendly certification were classified into three categories: a positive group, indifference group, and negative group. From the results of the firms' various family-friendly cultures and the firms' various responses to the family-friendly certification, we suggested several issues on the family-friendly certification system's improvement and the government's management and supervision of the legal requirement to ensure workers' work-life balance and the firm's autonomy plan for its' own family-friendly culture.

A Study of the Legal Principles of the Obligation to Compensate for Damage by Unfair Labeling and Advertising Focusing on the Qualitative Analyses of Supreme Court Precedents (부당한 표시·광고의 손해 배상 책임의 법리에 관한 연구: 대법원 판례에 대한 질적 내용 분석)

  • Cho, Jae-Yung
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.19 no.3
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    • pp.180-185
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    • 2018
  • The literature of unfair labeling and advertising(ULA) was reviewed, along with the requirement for establishing an obligation to compensate for damage(OCD) by it based on the Act on Fair Labeling and Advertising(FLAA). ULA covers cases of possible deception or misleading consumers and thereby undermining fair trade order, or making other business entities do so. FLAA regulates OCD by ULA, but the Civil Act should also be considered for its effective results since the Act regards ULA as unlawful and duty bound to make compensation for damages arising therein. In this context, the study analyzed qualitatively 17 supreme court precedents related to OCD by ULA among a total of 119 by advertising to find the characteristics of the judgemental principles. It is found that most principles came from FLAA and the Act focusing on the meaning of false or exaggerated advertising, which is one of the following five ULA types according to its standards of judgment: its requirement for fraudulent acts, the meaning of damage by it, the perspective of calculation of damages, the requirement of OCD, and the characteristics of claim for damages. A more effective policy is suggested based on FLAA and related research should be continually carried on.