• 제목/요약/키워드: legal measures

검색결과 641건 처리시간 0.022초

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

  • 김선광
    • 통상정보연구
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    • 제10권1호
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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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법정계량단위와 생활계량단위의 공존방안 (Proposals for the Coexisting of Legal Units and Living Measures)

  • 손진현
    • 한국콘텐츠학회논문지
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    • 제8권9호
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    • pp.185-193
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    • 2008
  • 정부는 2007년 7월 1일부터 ‘평’이나 ‘돈’과 같은 비(非)법정계량단위를 상거래 활동에서 기준단위로 사용하는 것뿐만 아니라 보조적으로 표시하는 행위까지 단속하고 있다. 그런데 평이나 돈과 같은 단위는 여전히 그 형태가 다른 방식으로 유지되고 있다. 이러한 이유는 평이나 돈과 같은 생활계량단위가 나름대로의 의미를 지니고 있어 생활 속에서 사용하기 편리하기 때문이다. 본 연구에서는 나름대로의 편리함을 지니고 있는 생활계량단위들을 재정비함으로써 법정단위와 생활단위가 함께 공존할 수 있는 방안을 제안하였다.

Independence and Transparency of the Central Bank of Kazakhstan

  • Nurbayev, Daniyar
    • The Journal of Asian Finance, Economics and Business
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    • 제2권4호
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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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    • 제3권1호
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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.

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

  • 이성진;이연주;손형근;김기범
    • 정보화정책
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    • 제28권1호
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    • pp.3-21
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    • 2021
  • 4차 산업혁명에 대한 클라우스 슈밥(Klaus Schwab)의 논의는 법정보기술의 발전 방향을 예측할 수 있는 하나의 프레임이다. 4차 산업혁명의 핵심개념인 기술 융합은 법정보기술 분야에 상당한 영향을 미치고 있다. 해외 법조계에서는 법률 챗봇 및 플랫폼 등의 다양한 최신 기술을 도입하여 법률 업무의 효율성과 접근성을 증대시키고 있으나, 국내는 리걸테크 산업이 아직 초기단계에 머물러 있어 법정보기술 활성화를 위한 제도적 개선이 필요하다. 이를 위하여 본 논문에서는 제2장에서 법정보기술의 개념과 분류체계를 구체화하고 제3장에서 법정보기술 활용 현황과 한계를 살펴본 후, 제4장에서는 법정보기술 발전을 위한 개선 방안을 고찰하였다. 법정보기술의 활성화를 위해서는 판례 등의 법률 자료를 적극적으로 공개하고 공개된 자료를 자유롭게 활용할 수 있는 법적 규제 방안 마련이 필요하다. 또한, 법률 영역에 있어 인공지능의 안전성, 개인정보보호, 윤리기준 등의 다양한 쟁점이 예상되므로 본 논문을 통해 대응책이 마련되기를 기대한다.

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

  • 신새미;이혜민;기노성;변상훈;김성호
    • 한국산업보건학회지
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    • 제33권4호
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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.

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

  • 장인호
    • 한국문헌정보학회지
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    • 제45권2호
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    • pp.345-366
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    • 2011
  • 법은 실생활에 직접 영향을 미치는 중요한 정보원이다. 법률 정보가 전자적으로 접근할 수 있게 되었음에도 불구하고, 현행 키워드 기반 검색시스템은 법률용어와 일상용어의 불일치, 생략형의 용어 사용, 법률용어의 다의성, 법률 정보의 대량 생산 그리고 질의-응답 형식의 검색 욕구 등의 문제를 잘 해결하지 못하고 있는 실정이다. 이러한 문제를 해결하기 위한 하나의 방식으로 온톨로지 기반 검색시스템이 제시되고 있다. 본 연구자는 법률 온톨로지와 그 온톨로지를 기반으로 하는 법률 검색시스템(실험시스템)을 구축하는 연구와, 실험시스템의 평가를 위하여 현존하는 키워드 기반 법률 검색시스템(비교시스템)과 비교 실험을 통해 검색 성능과 이용자 만족도를 평가하는 연구를 수행하였다.

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

  • 임창선;문홍안
    • 의료법학
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    • 제14권2호
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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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    • 제27권5호
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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.

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

  • 이병렬;김종칠
    • 통상정보연구
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    • 제7권3호
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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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