• Title/Summary/Keyword: Rights

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A Study on Opposing Rights against Assignment of Receivables in International Trade (국제무역상 채권양도의 대항력에 관한 일고찰)

  • RYU, Chang-Won
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.74
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    • pp.25-54
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    • 2017
  • Among various export financing, Assignment of Receivables is very important. Various countries make use of this method. But Korean law system had shortage of International legal system. This paper looks into Opposing Rights on Assignment of Receivables relation to legal system. And this paper analyze not only detail Korean civil law system about Opposing rights on Assignment of Receivables but also comparative other International system. There are UNIDROIT Principles and United Nations Convention on the Assignment of Receivables in International Trade. Especially, Korean civil law system of Opposing rights on Assignment of Receivables compares UNIDROIT Principles system of Opposing Rights on Assignment of Receivables or United Nations Convention on the Assignment of Receivables in International Trade of Opposing Rights on Assignment of Receivables. In the context, This paper compares Korean civil law system about Assignment of Receivables with International standard rule about Assignment of Receivables. This is good for the commercial practice party in terms of financing and receivable assignment. Thus this paper will make direction to International Trade Practicer. There are argument on method of having an action or manual about international trade practice. The purposes of this are to examine revitalizing on Assignment of Receivables. And this paper deals with improvement of International Commercial Activation.

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The Level of Patient Expectation and Governing Factors in Selecting Hospital (병원치료시 환자의 기대수준과 병원선택 요인 - 대학병원과 중소병원의 비교를 중심으로 -)

  • Hong, Yong-Sok;Park, So-Young
    • The Korean Journal of Health Service Management
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    • v.5 no.4
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    • pp.15-26
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    • 2011
  • This study assessed and compared the expectation levels of in- and out-patients at hospitals of different size in relation to patients' view of their rights. A survey of out-patients visiting university hospitals (204 patients) and small to mid size community hospitals (215 patients) in Seoul and Kyeongki Province was conducted, where the respondents reported their perceptions of patient rights. Based on the survey, their respective expectation levels for the medical services that they would receive was assessed and analyzed for exploring possible factors for their selecting small to mid sized hospitals over larger hospitals. The results showed difference in perceptions between patients visiting or staying in lager and smaller hospitals. Namely, for out-patients, those at university hospitals had higher perceptions only about their rights to privacy while in hospital, whereas in the case of in-patients, those at small to mid size hospitals had higher perceptions only about their rights to access to inspection information. With respect to the results from analysis of difference in the expectation level for medical services between university and non-university hospital patients, it was found that in-patients at university hospitals had higher perceptions about their rights to choose to see hospital visitors while in hospital and rights to access to religious facilities.

Influence of Perception of Patient rights and Ethical Values on Biomedical Ethics Awareness in Nursing Students (간호대학생의 환자권리에 대한 인식과 윤리적 가치관이 생명의료윤리의식에 미치는 영향)

  • Kim, Mi Sook;Jeon, Min Kyung
    • Journal of East-West Nursing Research
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    • v.24 no.1
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    • pp.1-9
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    • 2018
  • Purpose: The purpose of this study was to identify nursing students' perception of patient rights, their ethical values and biomedical ethics awareness, and to examine the factors affecting the nursing students' biomedical ethics awareness. Methods: The participants of this study were 273 nursing students in B and K metropolitan city. Data collection was conducted through the structured questionnaires from March 2 to March 25, 2016. Data were analyzed using t-test, ANOVA, Scheffe's test, Pearson's correlation coefficient, and multiple regression analysis with SPSS WIN v 21.0. Results: The mean scores of nursing students' perception of patient rights, ethical values and biomedical ethics awareness were $4.56{\pm}0.38$, $3.26{\pm}0.31$, $2.91{\pm}0.20$, respectively. Biomedical ethics awareness was positively correlated with the nursing students' perceptions of patient rights (r=.38, p<.001) and ethical values (r=.25, p<.001). Factors affecting the nursing students' biomedical ethics awareness were the perception of patient rights (${\beta}=.36$, p<.001) and ethical values (${\beta}=.13$, p=.023). Conclusion: The results suggest that nursing educational program should include perception of patient rights and ethical values to foster biomedical ethics awareness for nursing students.

Promoting an Arbitration System for International Dispute Resolution in Intellectual Property Rights Cases (국제 지식재산권 분쟁해결을 위한 중재의 활성화 방안 - 국내 ADR 기관의 발전방안을 중심으로-)

  • Lee, Ju-Yeon
    • Journal of Arbitration Studies
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    • v.23 no.2
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    • pp.165-190
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    • 2013
  • As intellectual property rights are perceived as the key element of creating added values and securing competitiveness, the result of intellectual property rights disputes play an important role in the success of companies. As seen from above strong points of an Alternative Dispute Resolution (ADR) system in Chapter III, intellectual property rights disputes increasingly tend to be resolved by ADR rather than litigation. Discussions about and operation of ADR are already being actively carried out in many countries, and major ADR institutions have been acquiring experience in a variety of intellectual property rights disputes. To enhance the use and recognition of ADR as the way of resolving the Intellectual Property Rights disputes in Korea, this study suggested the following three ways. First, domestic ADR institutions, the Korean Commercial Arbitration Board (KCAB) will need to establish cooperative systems with prominent overseas institutions to lead the disputing parties to fair resolutions as well as to instill trust in international arbitration institutions. Second, they will need to contribute to the promotion of arbitration systems throughout society by developing and applying a variety of arbitration systems as well as securing a pool of professionals. Finally, the arbitration rules will need to be continuously improved to deal with disputes promptly and reinforce privacy protection.

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A Study on Metadata Elements for the Management of Human Rights Records in North Korea (북한인권기록물 관리를 위한 메타데이터 요소(안) 연구)

  • Lee, Bum Hyung;Nam, Young Joon
    • Journal of Korean Society of Archives and Records Management
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    • v.19 no.3
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    • pp.71-96
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    • 2019
  • Various organizations generate and collect human rights records in North Korea for the purpose of punishing perpetrators and compensating victims; hence, a systematic and integrated management system on such records is needed. As such, the study aims to propose metadata for the human rights records in the country. Furthermore, the study derived common and necessary elements for the management of human rights records and referred deficiencies to the United Nations' (UN) guidelines by analyzing three local and international organizations and two human rights record software. Overall, the metadata consists of 15 upper elements in total with their corresponding subelements. Each of the proposed upper elements consists of 13 essential and 2 optional elements.

The Effects of Shareholders' Rights, Disclosures, and Transparency on Firm Value

  • SUMATRIANI, Sumatriani;PAGULUNG, Gagaring;SAID, Darwis;PONTOH, Grace T.;JAMALUDDIN, Jamaluddin
    • The Journal of Asian Finance, Economics and Business
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    • v.8 no.3
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    • pp.383-390
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    • 2021
  • This study investigates the effect of shareholders' rights, disclosure, and transparency on firm value. This study also investigates whether corporate social responsibility (CSR) is pure moderation or quasi moderation in the effect of shareholders' rights, disclosure, and transparency on firm value. This study's novelty is building a model framework to increase firm value and the role of CSR in increasing firm value. This study used secondary data provided by Indonesia, Malaysia, and Thailand Stock Exchanges. The sample of this study is 142 companies with four years of observations from 2012-2015. Firm value is measured by Tobin's Q. While shareholder's rights, disclosure, and transparency are measured using the ASEAN scorecard. The analysis method used in this study is a fixed effect model using a panel data approach. The result of this study shows that shareholders' rights have a significant positive effect on firm value. However, disclosure and transparency do not affect firm value significantly. In comparison, the CSR disclosure has a moderation effect on the relationship between shareholders' rights and firm value. The CSR disclosure does not have a moderation effect on the relationship between disclosure and transparency and firm value.

The Influence of Global Citizenship Consciousness of University Students Majoring in Business Administration on Human Rights Sensibility

  • LEE, Hyo-Young
    • East Asian Journal of Business Economics (EAJBE)
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    • v.9 no.1
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    • pp.71-81
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    • 2021
  • Purpose - This study verified the mediating effect of volunteer activities in the influence of global citizenship consciousness on human rights sensitivity of university students majoring in business administration. Research design, data, and methodology - The survey was conducted on 172 4-year college students in G City, Korea. SPSS 23.0 program was used to perform frequency analysis, descriptive statistics analysis, correlation analysis, reliability analysis, and multiple regression analysis. In addition, path analysis was conducted to confirm the mediating effect of volunteer activities. Result - First, the "justice domain" had a statistically significant effect on human rights sensitivity. Second, the "cognitive domain" had a positive and significant effect on volunteer participation. Third, the volunteer participation of university students majoring in business administration had a positive and significant effect on human rights sensitivity. Fourth, in the relationship between global citizenship consciousness and human rights sensibility of university students, volunteer participation had a partial mediating effect. Conclusion - The period of college enrollment is an important time to establish life goals and strategies as adults. Therefore, if the university environment is built to grow into a healthy global citizen, it will help to cultivate global competence and the "sensitivity to human rights" that is more emphasized in the era of the 4th industrial revolution.

Certain Uses of the Assignment of Monetary Rights arising from International Sales Contracts and Legal Relations between Parties under UNIDROIT Principles (UNIDROIT 원칙상 채권양도에 의한 국제매매 대금채권의 활용과 그에 관한 법률관계)

  • Hur, Hai-Kwan
    • Journal of Arbitration Studies
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    • v.32 no.2
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    • pp.31-53
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    • 2022
  • This paper examines various legal issues related to the assignment of monetary rights under UNIDROIT Principles. To this end, this paper examines the concept and the effects of the assignment of rights, the related legal structure and notice to the obligor, and some uses in practice (II). Then, as a matter of law in the context of the assignment of monetary rights under UNIDROIT Principles, this paper examines what may happen to the legal relationship between the parties and what practical considerations need to be taken by them when the obligor has legal defenses against the assignor, when successive assignments are made by the assignor, when the obligor exercises against the assignee its right of set-off before receiving the notice of assignment, when the assigned right does not exist at the time of the assignment, when any payment is received from the obligor before the notice of assignment is given, and finally when the obligor becomes insolvent or refuses to pay.

Legal Regulation Of Digital Rights In Ukraine

  • Bilenko, Marianna;Ilchenko, Hanna;Herych, Anatolii;Solodka, Olena;Podolyak, Svitlana
    • International Journal of Computer Science & Network Security
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    • v.22 no.9
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    • pp.59-62
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    • 2022
  • In the scientific research, the object of research is a complex of legal relations, which are formed by the use of modern digital technologies. The subject of this work is the novelties of Ukrainian and foreign legislation, norms of international law aimed at regulating social relations in the field of digital rights, as well as doctrinal provisions and materials of law enforcement practice. Within the framework of this work, two types of digital rights are distinguished, those that exist in the law of Ukraine, and the issues of law that apply to legal relations, regarding the turnover of each of them, are considered. Examples of law applied in foreign countries are given for comparison. On the basis of a comprehensive study of the legal framework and positions of scientists, the prospects for the development of legal regulation of digital rights were noted.

Substantial Improvement of Medical Care for Detainees in Republic of Korea (대한민국 수용자 의료처우의 실질적 개선)

  • Samin Hong
    • Health Policy and Management
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    • v.33 no.3
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    • pp.370-375
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    • 2023
  • The responsibility to ensure the health rights of detainees, particularly their medical rights, fundamentally lies with the state in all nations. However, in the correctional facilities of the Republic of Korea, these rights are currently not adequately safeguarded. Numerous detainees express dissatisfaction with the medical services provided and show a preference for voluntary external treatment. However, barriers such as prolonged application processes for external treatment and the requirement for detainees to cover their medical expenses present significant challenges. Therefore, the National Human Rights Commission of Korea has advocated for an increased medical budget in correctional facilities and a bolstered professional medical workforce to improve the medical care of detainees. Recommendations for improvements include: (1) establishing dedicated correctional hospitals for detainees, (2) setting up specialized correctional wards, (3) collaborating with military hospitals, (4) launching mobile medical buses for diverse specialties, (5) enhancing collaboration with public and private medical institutions, (6) increasing compensation for partnering external medical institutions, (7) improving the working conditions of medical officers, (8) safeguarding the defense rights of medical staff, (9) improving the working conditions of public health doctors from the Ministry of Justice in correctional facilities, and (10) pre-assigning public health specialists and military doctors to correctional facilities. By implementing these measures, it is anticipated that the quality of medical services in the Republic of Korea's correctional facilities will improve, reducing the demand for external treatments among detainees and ensuring their health and medical rights are realistically upheld.