• 한국중재학회지:중재연구
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• 제24권3호
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• pp.125-169
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• 2014

In France, arbitration, both domestic and international, has recently been subjected to a major reform. This article discusses the content of the 2011 reform and its aftermath, while putting into perspective the current arbitration act in South Korea, an arbitration-friendly jurisdiction that contemplates reforming its own law. The two legal systems are characterized by their concern for efficiency and rationalization of the arbitration proceedings, through the codification of essential principles previously established by case law and through the promotion of the independence of this ADR vis-$\grave{a}$-vis state courts. The efficiency consideration is strengthened at every stage of the proceedings: from the arbitration agreement often considered valid and rarely challenged, through the proceedings for annulment, recognition and enforcement of the award, up to the judicial assistance of the French supporting judge towards the actual arbitral proceedings. Finally, new concerns are emerging: the increase of transparency and the arbitrability of disputes in some uncertain fields of law.

• The Journal of Asian Finance, Economics and Business
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• 제8권1호
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• pp.543-550
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• 2021

The purpose of the study is to investigate the simulated effects of the Philippine tax reform, which is called Tax Reform for Acceleration and Inclusion Law, on household income and occupational choice. The study utilized the Family Income Expenditure Survey and tax collection as input to Computable General Equilibrium-Top Down Behavioral Microsimulation approach to determine the effect of Philippine tax reform on household income and occupational choice. The results of the study show that the household income in the Philippines will increase due to the implementation of the Philippine tax reform. Also, the study had found that tax reform results drive the household to shift from being farming entrepreneur to salaried workers since the utility derived from being workers is much higher compared to the utility derived from being entrepreneur. The findings of this research suggest that the Philippine Tax Reform for Acceleration and Inclusion Law is beneficial to the household since their income would increase, which will further result to an increase in their capability to buy goods and services. However, the tax reform would also lead to imbalance between the distribution of numbers of workers across sectors such as entrepreneurial farming, entrepreneurial non-farming, and wage sector.

• The Journal of Asian Finance, Economics and Business
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• 제8권2호
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• pp.281-288
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• 2021

The purpose of the study is to determine the poverty and distributional effects of the implementation of Tax Reform for Acceleration and Inclusion Law. The Computable General Equilibrium-Top Down Behavioral Microsimulation was used to obtain the effects of the tax reform on macroeconomic and microeconomic levels. Moreover, the Poverty Gap Index, Squared Poverty Gap Index, Foster, Greer, and Thorbecke Measures of Poverty, and Sen-Shorrocks-Thon Index were used to measure the poverty effect of the tax reform. Meanwhile, the Gini Coefficient and SST Gini Coefficient Index were used to measure the distributional effect of the tax reform. The results show that the implementation of the tax reform has resulted in a significant increase in household income and disposable income. Region IV has the highest estimated increase in household income. Meanwhile, Region IV remained to have the lowest household income. Further, the findings of this study suggest that the tax reform resulted in a significant decrease in the magnitude of poor and the number of poor in the Philippines. However, the result of the study also suggests that the effect of tax reform manifests no differences in terms of the poverty gap measured through the Foster, Greer, and Thorbecke poverty index due.

• 기술혁신연구
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• 제2권1호
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• pp.142-169
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• 1994

Korean Government has established a lot of S&T laws to promote National Science and Technology since established the Ministry of S&T and the S&T Promotion Law in 1967. There are more than ninties of S&T related laws to support Government's S&T policies recently. Even though Korean Government has enacted plenty of S&T related laws are required to be reformed. In this paper, firstly, we define what is S&T related law and the relationship between S&T related law system. Secondly, we investigate the problems of S&T related law with respect to several aspects such as historical, executing, international environment, and systematic aspects. Finally, we suggest the directions of S&T law reform. We conclude that S&T laws need to be merged and abolished in some areas such as various council system and S&T incentive system especially related to UR restriction.

• 항공우주정책ㆍ법학회지
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• 제10권
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• pp.233-249
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• 1998

• 정보화정책
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• 제22권3호
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• pp.47-60
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• 2015

본 연구는 인터넷을 기반으로 하는 웹 캠페인이 전 세계적으로 확산되고 있으나, 인터넷 강국 한국에서는 <선거법> 규제로 인한 제약이 있다는 점에 주목해서 그 문제점과 해결 방안을 분석하고자 했다. 연구 결과, 첫째, <선거법> 제93조 제1항은 헌법재판소의 한정위헌 결정으로 상시적 웹 캠페인이 가능한데, 제59조와 제254조(선거운동기간위반죄)는 이와 달라 개정이 필요하다. 둘째, ISP에 대한 삭제 등 조치요청은 <선거법>과 <정보통신망법> 조항들을 같이 개정해야 한다. <선거법> 제82조의4 제3항과 <정보통신망법>의 게시물 삭제 또는 취급거부 등의 조치를 ISP에게 요청할 경우, 이중 처벌의 가능성도 있어 개정이 필요하다. 셋째, <선거법> 제82조의6(인터넷언론사 게시판 대화방 등의 실명확인)은 2015년 7월 헌법재판소가 합헌이라 결정했지만 장기적으로 정치적 표현의 자유를 제한할 소지가 강해 보완 입법이 필요하다. 마지막으로, 연구는 <선거법> 개정이 왜 어려운지를 2가지 정치적 맥락에서 재해석하고 웹 캠페인 활성화를 위한 <선거법> 개정방식으로 정치인뿐 아니라 다수의 전문가와 시민사회 등이 참여하는 '<선거법>개정 다층 거버넌스'를 제안한다.

• 무역상무연구
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• 제43권
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• pp.239-273
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• 2009

Marine insurance contracts, which intended to provide indemnity against marine risks upon the payment of a premium, originated in Northern Italy in the late 12th and early 13th centuries. The law and practice of Italian merchants were later introduced into England through Lombard merchants. It is, therefore, quite exact that English and Continental marine insurance law have common root. Nevertheless, some significant divergences between English and Continental marine insurance systems occurred since the late 17th century, mainly due to different approaches adopted by English courts. The rule of warranty in English marine insurance was established in the second part of the 18th century by Lord Mansfield, who laid the foundations of the modern English law of marine insurance and developed different approaches, especially in the field of warranty in marine insurance law. Since the age of Lord Mansfield, English marine insurance law has developed a unique rule on warranty. Bearing in mind the realities of the 18th century, it could easily be understood why Lord Mansfield afforded such a strict legal character to marine warranties. At that time, the 'promise' given by the assured, played an important role for the insurer to assess the scope of the risk. Legal environments, however, have changed dramatically since the times of Lord Mansfield. Of course, it is still important that the assured keep his promises to the insurer under the insurance contract, which is based upon utmost good faith. Nevertheless, the remedy of automatic discharge from liability, regardless of existence of a casual link between the breach and loss seems harsh in the realities of the 21st century. After examining the warranty regime adopted by the German and Norwegian hull clauses, it is fair to say that they provide a more equitable approaches for the assured than does English law. Therefore, this article suggests that English warranty regime needs overall reform and it is time to reform.

• 한국콘텐츠학회논문지
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• 제16권9호
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• pp.411-422
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• 2016

2009년 7월 신문법, 방송법, 인터넷멀티미디어 방송사업법(IPTV미디어법) 개정안이 국회 본회의를 통과했다. 법개정의 목적은 기존의 방송산업에서의 엄격한 교차소유 및 겸영규제로 인해 위축되었던 투자를 활성화시켜 글로벌 경쟁력을 갖춘 미디어 기업을 육성하고 유관산업의 인력수요를 늘려 고용확대에 기여한다는 것이었다. 본 논문은 2009년 미디어법 개정이 법개정 발의에서 개정안 통과 기간 동안 그것의 영향권에 놓여있는 미디어 및 콘텐츠 관련 기업들의 미래가치에 어떤 영향을 미쳤는지 분석한다. 미래가치의 변화를 측정하기 위해 사건연구 방법론을 채택하였다. 분석 결과 지분참여 등으로 사업영역의 확대가 기대되는 기업들의 경우 법개정기간 동안 발생한 주요 사건에 유의한 영향을 받은 것으로 나타났다. 한편, 법개정의 간접영향권에 놓여 있던 콘텐츠 관련 기업이나 통신기업들의 경우 통계적으로 유의한 영향을 받았다고 볼 수 없다는 결론에 도달했다. 또한 법개정 기간 동안의 전체 사건의 영향의 합에 대한 추정치도 유의하지 않은 것으로 나타났다. 본 연구는 법 개정기간동안 유관 사건이 발생할 때마다 법개정 수혜 예상기업 중심으로 단기적인 기업가치의 상승이 있었지만 그 영향의 범위와 정도가 매우 제한적이었음을 밝혀낸 것과 기대되지 않은 사건(unexpected event)의 영향력이 상대적으로 크게 나타났다는 것을 확인했다는 점에서 그 의의를 찾을 수 있다.

• 한국IT서비스학회지
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• 제5권1호
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• pp.61-81
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• 2006

It is necessary to systematically explore the reform plans of the Software Industrial Promotion Law to systematically a representative high-added value future knowledge-based industry, software industry. The current Software Industrial Promotion Law provides only one provision on software business contract procedures, and the Civil Code, the National Contract law or Subcontract Fairness Law regulate other things, so the features of software industry are not properly reflected. To the contrary, the Information Communication Construction Law or the Construction Basic Law effectively prevent disputes by providing material and detailed provisions. Therefore the current software industry needs to be shifted from promotion to fundamental one. That is, as the software industry takes up a large portion at present, so the law should have basic procedural provisions. Also the National Contract Law governs only the contract procedures of public sector, so there should be business performance procedural provisions to regulate the software business formalities of civil sector. And the National Contract Law controls the sale, construction and service of articles at separate contract procedures, but software business contains construction and service characters simultaneously, so there should be business performance procedures fit for software business. Thus this study presented the legislative need and bill on the performance procedures of software business.

• 동아시아경상학회지
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• 제1권3호
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• pp.71-84
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• 2013

Purpose: The South African government is determined in alleviating poverty while encouraging job creation and protecting the disposable incomes of poor households. This article looks at the challenges that are facing the South African Social Security system and argues that the provision of income security is amongst the most practical expressions of a nation's cohesion and values. Research Design, Data and Methodology: There are seven proposals in the Social Security and Retirement Reform and these proposals are based on the following two principal objectives of the government, that is, to ensure a basic standard of living and to prevent destitution in old age or in circumstances of unemployment or incapacity partly or wholly through redistributive measures, and to encourage savings to provide for the replacement of income on retirement, disablement or death through long-term insurance arrangements. Results: This article evaluates these seven proposals, state old age pension, wage subsidy, mandatory participation in a national social security system for all, mandatory participation in private occupational or individual retirement funds, Voluntary additional contributions to occupational or individual retirement funds, reform of the governance and regulation of the retirement funding industry and reform of the tax system. Conclusion: This article concludes that the population size of South Africa has increased significantly to 51, 8 million in 2011 and therefore the time is right for bold new steps in improving income security of the poor and strengthening the fabric of social solidarity that binds all South Africans together.