• Title/Summary/Keyword: legal measures

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On the Use of Legal Measures to entice Participation in Online Dispute Resolution System (ODR 시스템으로의 사용자 참여유인을 위한 법적 장치의 활용)

  • Kim, Sun-Kwang
    • International Commerce and Information Review
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    • v.10 no.1
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    • pp.279-293
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    • 2008
  • The number of participants in an online dispute resolution(ODR) system is crucial to its survival. Securing participation is nonetheless difficult. Clearly, it is important to offer a system that is fair, transparent and offers an efficient service at low cost. These factors are fundamental to ensure trust and to build a returning customer base to the system, but are not what attracts a party to submit a dispute for settlement. This paper describes and discusses four main categories of legal measures found in the online dispute resolution services offered by SquareTrade and WIPO. In spite of shortcomings in the offered, the legal measures have contributed to attract large numbers of participants. Large participation secures the long-term economic viability of an online dispute resolution system. The four categories of legal measures described and discussed in this paper need to be part of the specifications and the design and development of future ODR system.

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Proposals for the Coexisting of Legal Units and Living Measures (법정계량단위와 생활계량단위의 공존방안)

  • Sohn, Jin-Hyeon
    • The Journal of the Korea Contents Association
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    • v.8 no.9
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    • pp.185-193
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    • 2008
  • The Korean Government is regulating using traditional measures such as ‘pyeong' or ‘don' in commercial transactions not also as a standard but also as a subsidiarity since the first of July, 2007. However, contrary to our expectation, the measures ‘pyeong’ and ‘don’ are used in other forms because the living measures are convenient for our living and they have useful meanings. In this article, we propose an idea that makes the convenient living measures and the legal units coexist.

Independence and Transparency of the Central Bank of Kazakhstan

  • Nurbayev, Daniyar
    • The Journal of Asian Finance, Economics and Business
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    • v.2 no.4
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    • pp.31-38
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    • 2015
  • During the last two decades the idea that central bank independence and transparency helps to maintain price stability, became popular among economists and central bankers. Many countries' governments give their monetary authorities higher independence and transparency to achieve the price stability goal. However, emerging countries such as Kazakhstan, suffer from high inflation. This inflation occurs largely due to a low level of independence and transparency of central banks. This research project measures the current level of independence and transparency of central bank of Kazakhstan. Indices were used to measure central bank independence and transparency. Central bank independence was measured by two types of indices: based on central bank laws (legal independence) and based on central banks governor's turnover (TOR). Developing countries have a weak legal framework, implying that a legal independence index cannot be appropriate to use as a measures of actual independence. Therefore, by paying attention to the other two indices, we can say that the central bank of Kazakhstan has a low level of independence and transparency. This, in turn, can be one of the causes of high inflation in Kazakhstan.

Review on Need for Introduction of New Legal Framework of Investigation and Criminal Sanctions for OSH Fatal Accidents

  • Park Doo Yong
    • International Journal of Safety
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    • v.3 no.1
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    • pp.47-52
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    • 2004
  • Current OSH system was analyzed in this paper to explain why high fatal incidents and disasters are continuously repeated for recent years in Korea. It was found that we have Dichotomous Perceptional Misconception of prevention before accident and compensation after accident and there is a significant lack of proper feed­back reward system for OSH performance. It was assumed that no reduction of accident rate and fatality rate have not been achieved recently despite of a great effort and increased resource allocations. Some statistics for proving weak punishment were analyzed. In the current system, the will of administrative agency would have been very limited particularly in the legal aspects. The Industrial Safety and Health Act is not suitable to after-injury punishment for employer and/or corporate since it is based on a framework for enforcement of prevention. Based on these analyses, it was concluded that there was a need to consider a special law for Corporate Accountability for Fatal Accidents. Because it is necessary to consider seriously for introduction of a new legal system for after injury punishment to repair the current system where it was found lack of proper feedback system. Also, there was no proper sanction measures for corporate with the current OSH legal system, and the most urgent problem in OSH area is the high fatality rate. it is necessary to consider seriously for introduction of a new legal system for after injury punishment. Also, there is no proper sanction measures for corporate with the current OSH legal system, and the most urgent problem in OSH area is the high fatality rate.

The Present Status of and Development Plans for Legal Technology in the Fourth Industrial Revolution (4차 산업혁명시대 법정보기술의 현황과 발전방안)

  • Lee, Sung-Jin;Lee, Yeon-Ju;Son, Hyoung-Kun;Kim, Gi-Bum
    • Informatization Policy
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    • v.28 no.1
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    • pp.3-21
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    • 2021
  • Klaus Schwab's discussion on the Fourth Industrial Revolution provides a framework for predicting the direction of legal technology development. Technological convergence, which has emerged as the core concept of the Fourth Industrial Revolution has a significant effect on legal technology. In particular, various new technologies, such as legal chatbots and platforms, are being introduced to enhance efficiency and accessibility in the legal field. However, legal technology is still in its early stage, with institutional improvement needed to vitalize the industry. In this paper, we first specify the concept and classification of legal technology in Chapter 2, followed by trends and limitations in Chapter 3 and ways of vitalizing legal technology in the future in Chapter 4. To invigorate legal technology development, it is necessary to put in place legal regulatory measures that stipulate the active disclosure of legal data, such as precedents, and make free use of such measures. In the law, many issues, such as the safety of artificial intelligence, personal information protection, and ethical standards, will be discussed in the future. Therefore, via this paper, we hope to promote the formation of social consensus and prepare countermeasures, such as legislative measures.

Comparative Legal Study of Workplace Thermal Environment Management Legislation (작업장 온열환경 관리 법제의 비교법적 고찰)

  • Saemi Shin;Hea Min Lee;Nosung Ki;Sang-Hoon Byeon;SunghoKim
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.33 no.4
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    • pp.485-501
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    • 2023
  • Objectives: The Ministry of Employment and Labor has revised the articles regarding management of the thermal environment in the workplace. Currently, two types of regulations exist together with indoor workplaces as the scope of application. It appears that the time has come to discuss regulations. In this study, we aim to identify the feasibility of and problems with the current system through a comparative legal review of workplace thermal environment management laws from around the world. We suggest directions for improving South Korea's workplace thermal environment management laws. Methods: For the several selected countries, we analyzed the classification and content of obligations stipulated for the thermal environment, the presence or absence of specific measures for thermal environment management, legal status and content, and the scope of application of thermal environment provisions and measures. The investigated content was classified according to Zweigelt-Kotz's legal theory. Results: In some countries, employers' obligations for regulating the thermal environment are broadly divided into two types: results and actions. The scope of application of provisions and measures on the thermal environment was extensive, with most of the selected countries targeting general workplaces. Conclusions: In the case of South Korea, restricting and classifying target workplaces and imposing separate obligations to manage a workplace thermal environment goes against global practices, and stipulating legal orders and separate action obligations in guidelines does not conform to the characteristics of South Korea's legal system, meaning that improvement is needed.

Developing and Evaluating an Ontology-based Legal Retrieval System (온톨로지 기반 법률 검색시스템의 구축 및 평가에 관한 연구)

  • Chang, In-Ho
    • Journal of the Korean Society for Library and Information Science
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    • v.45 no.2
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    • pp.345-366
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    • 2011
  • The law affects our daily lives, and hence, constitutes a crucial information resource. However, electronic access to legal information using keyword-based retrieval systems appears to provide users with limited satisfaction. There are many factors behind this inadequacy. First, the discrepancies between formal legal terms and their counterparts in common language are quite large. Second, the situation is further confounded by frequent abbreviations in legal terms. Third, even though there is a constant deluge of legal information, users' needs have evolved to demand more Q and A type searches. All of these factors make the existing retrieval systems inefficient and ineffective. This article suggests an ontology-based system as a means to deal with such difficulties. To that end, a legal retrieval system(experimental system), built on the basis of a newly-constructed law ontology, was tested against a keyword-based legal retrieval system(existing one), yielding data on their relative effectiveness in retrieval and user satisfaction.

Problems of the Legal System Related to the Regulation of Radiation Safety for Diagnosis (진단용 방사선 안전관련 법령의 법체계상 문제점)

  • Lim, Chang-Seon;Moon, Heung-Ahn
    • The Korean Society of Law and Medicine
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    • v.14 no.2
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    • pp.119-142
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    • 2013
  • It is not easy to regulate the amount of radiation used for the medical purpose as there usually is more good than harm to the patient's health and life caused by the medical exposure to the radiation. However, the rapid increase of the use of diagnostic radiation involves a high possibility of increasing the radiation hazard exposure. Therefore, it is imperative to implement effective regulations in order to secure the safety of diagnostic radiation. The one and only rule we currently have for the diagnostic radiation is "Medicine Act" with only one clause dedicated to regulate the safety management that does not include any rules for the medical radiation. A set of inclusive rules for the whole medical radiation inclusive of diagnostic radiation and therapeutic radiation need to be based on the "Medicine Act" rather than "Nuclear Safety Act" in order to protect the medical professionals, patients and the guardians of patients from the hazards of diagnostic and/or therapeutic radiation that was not used the purpose of medical treatment. If there is an administrative measure to be imposed to secure the safety of diagnostic radiation, it is considered as exertion of governmental authority of administrative agency. There must be clear and realistic legal guidelines for in-fringe on people's interests. The administrative measures for the safety management of the diagnostic radiation must be clearly and specifically based on the law and the detailed standards for the administrative measures must be dele-gated by the presidential decree or departmental ordinance. Accordingly, the restrictions imposed by the administrative measures to the "Safety Inspection Institute of Radiation along with Radiation Exposure Measuring Institutes" should have clear legal basis as well and the detailed standards for the administrative measures should be regulated by the Ministry of Health and Welfare decree instead of the notification by the Director of Korean Centers for Disease Control and Prevention. While securing the safety of radiation on one side, careful review and up-grade on our legal system for the safety management of the diagnostic radiation is required on the other side to guarantee the legality, interest balance and reliability of the administrative measures.

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Legal Implications of U.S. CVD on Tires and Undervalued Currency in the WTO's SCM

  • Thi Thanh Tuyen Nguyen;Xuan Zhou;Chang Hwan Choi
    • Journal of Korea Trade
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    • v.27 no.5
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    • pp.41-62
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    • 2023
  • Purpose - This paper examines whether the imposition of countervailing duties by the United States on undervalued foreign currency is legally consistent with the WTO's SCM Agreement. Design/methodology - The study uses a methodology that involves analyzing relevant WTO agreements, prior panel reports, Appellate Body decisions, and other legal documents. Findings - The findings suggest that to impose countervailing duties, certain legal requirements must be met, including financial contribution, benefit, and specificity. The paper also notes that when calculating the benefits of undervalued foreign currency, losses from import activities due to currency undervaluation must be considered. Additionally, classifying all exports to the US under specific industries or business groups is likely to be inconsistent with the SCM Agreement. Originality/value - Even the US countervailing measures on exchange rate subsidies may not comply with WTO regulations due to incorrect calculation of benefits and a lack of specificity, however, it suggests that when intervening in the foreign exchange market, the measures should aim to achieve only minimum policy goals.

The e-Commerce Regulation and System Structure in China (중국 전자상거래 제도구축에 관한 연구)

  • Lee, Byeong-Ryul;Kim, Jong-Chill
    • International Commerce and Information Review
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    • v.7 no.3
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    • pp.231-246
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    • 2005
  • Concerning the regulation of Internet service and the control of electronic commerce in China, It has not specific regulation and various rules or measures to enforce it yet. The common regulatory measures are that online business in some special areas must acquire a license or approval from relative agencies in advance. But whether licensing is an effect regulatory measure still takes time to verify. Accordingly these measures must be unified or coordinated to be enforced effectively. In order to encourage the development of E-Commerce, China will need to focus on developing rules that take advantage of the internet to encourage the economy, and establishing new legal rules or amending the traditional law to create a safe and secure legal environment for online transactions.

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