• Title/Summary/Keyword: Regulation of Unethical Behavior

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Regulation of Attorney Ethics in International Arbitration (국제중재에서 변호사의 비윤리적 행위 규제에 대한 연구)

  • Hong, Seok-Mo
    • Journal of Arbitration Studies
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    • v.25 no.2
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    • pp.3-17
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    • 2015
  • For many years commentators have requested more active regulation of attorney ethics in international arbitration. Gradual deterioration of ethical standards in international arbitration will bring disrepute and, once its reputation is lost, it could take decades to rebuild confidence. The first reason for increasing unethical behavior is that there is no ethical code generally applied to all lawyers participating in international arbitration. A second reason might be that nobody is actively regulating attorneys in international arbitration. The first step to solve this problem is that major arbitration institutions should cooperate to enact a uniform code of conduct to be generally applied to all attorneys representing parties in international arbitration. Recently, IBA and LCIA prepared guidelines on party representation in international arbitration, and the guidelines will help attorneys follow uniform standardsof ethics. However, this will not be sufficient. There should be a regulating body to monitor attorney ethics and take sanctions against unethical attorneys accordingly. Arbitrators, who can see unethical behavior by attorneys from the closest distance, are the most appropriate regulating force rather than courts of arbitration seat or an attorney's licensing country. Of course, arbitrators don't have powers to withdraw or suspend an attorney's license, but they have powers to control attorneys'behavior within arbitration proceedings such as an allocation of fees and costs, barring the assertion of claims or defenses, drawing adverse inferences, or precluding the submission of evidence or testimony. Furthermore, arbitrators should be provided with such obligation as active control of attorney ethics. Even arbitration institutions should participate by imposing on an attorney who is a repeat offender a suspension from appearing in future arbitrations. Unethical behavior will decrease through concerted actions among arbitrational institutions to introduce a uniform code of conduct and to empower arbitrators for more efficient regulation of attorney ethics.

The Study of Online Piracy Protection -Focusing on Punishment and Moral Obligation- (인터넷 저작권 침해 보호에 관한 연구 -저작권 침해에 대한 처벌 및 윤리의식을 중심으로-)

  • Park, Joo Yeon
    • Journal of Digital Convergence
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    • v.11 no.1
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    • pp.145-151
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    • 2013
  • As the Internet is widely used worldwide, digital asset on the internet becomes to be critical to protect from illegal copying and piracy which is an unlawful action that download or upload copyrighted materials from the Internet without having a right to use them from the copyright owners. Such an illegal and unethical behavior are pervading and becoming a big concern in many industries and business sectors over the world. This study examines the effect of the user's perception for piracy regulation and moral obligation on online piracy intention. Therefore, the purpose of this study is to see the different effect of regulation and moral obligation on piracy attitude and intention so as to suggest an effective method of piracy protection and to bring an attention on moral and ethical education for online piracy. The result of this study showed both punishment and moral obligation toward online piracy are significantly associated with users' attitude on piracy, indicating that higher level of punishment severity as well as moral obligation lead to decrease piracy attitude. This research also revealed that the level of users' moral obligation has a stronger relationship with piracy attitude than punishment.

The Effect of the Punishment for Internet Piracy on Attitude and Intention: Focusing on the Moderating Effect of Piracy Education (인터넷 저작권 침해에 대한 처벌이 태도와 침해 의도에 미치는 영향에 관한 연구: 저작권 교육의 조절변수 효과를 중심으로)

  • Park, Joo-Yeon
    • Journal of Information Management
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    • v.43 no.3
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    • pp.61-78
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    • 2012
  • Internet is widely spreading in everyday life and it makes easy to find and share information on the Internet. Many of Internet users are copying and distributing copyrighted materials freely on the Internet without recognizing that it is unethical and illegal behavior. The rate of Internet piracy is constantly increasing even though the regulation and punishment for piracy behavior are to be strict. However, there is a lack of study about the relationship between the punishment and education for intenet piracy on users' attitude and intention toward piracy on the Internet. The purpose of this study is therefore to find out the effect of the level of punishment for internet piracy on users' attitude and intention. This study also examines the moderating effect of piracy education on the relationship between punishment and piracy intention. The study shows that the punishment is directly associated with the attitude but not associated with the piracy intention. The piracy education has a significant effect on the relationship between punishment and intention. The result of this study could bring up the issue of intellectual property protection on the Intenet and suggest an importance of piracy education to educators, managers and internet users.