• 제목/요약/키워드: legal process

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온라인 디지털자료의 납본체계 및 이용에 관한 연구 (A Study on Legal Deposit Process and Use of Online Digital Materials)

  • 최재황;곽승진;김정택
    • 한국도서관정보학회지
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    • 제40권1호
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    • pp.209-232
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    • 2009
  • 본 연구는 온라인 디지털자료 납본 및 이용에 관한 법률(안) 및 도서관법 일부개정법률(안)이 국회에 발의되어 있는 상황에서 국가의 디지털 문화 자산인 온라인 디지털자료에 대한 보존과 접근을 지속적으로 보장하기 위하여 세계 주요국의 납본 관련 법률 및 지침을 참조하여 온라인 디지털자료의 납본요소를 추출하고, 납본의 이해당사자인 저작권 소유.유관단체 및 관련 기업과 이용자의 의견 그리고 납본 관련전문가의 자문을 수렴하여 온라인 디지털자료의 납본체계 및 이용에 대한 가이드라인을 제시하고 있다.

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QFD를 이용한 기업 법무 서비스 품질 측정 및 개선에 관한 연구 (A Study on Measurement and Improvement of Service Quality using QFD in the Law Firm Industry)

  • 표인수;이재광
    • 지식경영연구
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    • 제17권2호
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    • pp.1-26
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    • 2016
  • As entry barriers at the legal service market in Korea have been recently lifted, the legal service market has dramatically changed from a seller's market to a buyer's market. Externally, the Korean legal service market has been open to foreign law firms and internally, lawyers graduating from law schools have been increasing. In addition, as even the general public can easily access, through the official sites of government organizations, to the basic legal information such as laws and judicial precedents, the degree of information asymmetry has also decreased. These phenomena require the legal service industry to be a more client-oriented and more quality-oriented one. Having said that, legal service providers also need to continue to make strenuous efforts to measure and improve the service quality from the customers' perspective. Under these circumstances, this study introduced a certain type of model which may be of help of measuring and improving the quality of legal service of law firms, in particular, with a focus on those firms providing corporate legal service. This study used a Quality Function Deployment (QFD) in order to measure and thereby improve the quality of corporate legal service in the law firm industry. Above all, this study showed, by using SERVQUAL, each and every service attributes of quality measurement of the corporate legal service and also calculated the degree of importance of service quality at each process of providing corporate legal service. Next, this study introduced all supporting factors necessary for the provision of corporate legal service and calculated the degree of importance of each and every supporting factors in the service process. This study may be of help to provide the substantial and systematic approaches to the corporate legal service providers who would like to set up a certain methods of measuring and further improving the quality of corporate legal service from the customers' perspective.

국내외 국가도서관 납본절차 분석을 통한 납본업무의 합리적 운영방안 도출 (Suggesting the Reasonable Legal Deposit Operating Plan through Analyzing the Legal Deposit Process of National Libraries of the World)

  • 노영희
    • 한국비블리아학회지
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    • 제20권4호
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    • pp.173-189
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    • 2009
  • 한 국가의 모든 출판물은 인류의 정신문화유산으로 각 국가도서관은 각 나라에서 생산된 모든 출판물을 수집 보존해야 하며, 그것을 지원하는 강력한 법적 장치가 납본제도이다. 이에 본 연구에서는 국내외 도서관 납본법에 대해서 분석하고 그 중에서 납본보상 여부, 미납본에 대한 제재조치 여부, 미납본의 경우에 대한 과태료 징수 절차, 구체적인 납본절차 등에 대해서 집중적으로 분석하였으며, 이를 기반으로 국가도서관의 납본율을 올릴 수 있는 방안을 모색하고자 하였다. 납본업무의 자체 수행, 납본지원시스템의 개발, 납본부서의 신설, 납본 부수 및 납본 보상의 개선 등이 그 방안으로 제시되고 있다.

The Finality of Arbitral Awards: The U.S. Practices

  • Ha, Choong-Lyong
    • 한국중재학회지:중재연구
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    • 제30권3호
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    • pp.3-19
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    • 2020
  • With the advent of the Free Trade Agreement between Korea and the U.S. and an increase in trade volume between the two countries, the possibility of commercial disputes has escalated among international merchants. It has been well-known that arbitration as an alternative dispute resolution is an efficient way to resolve international commercial disputes. When arbitral awards are enforced in the judicial system, the court will inevitably have to be involved with the enforcement procedures. The court is a typical legal entity to confirm arbitral awards. Through a confirmation process, the winning party obtains the same legal status of final judgment rendered by the court. However, a winning party in arbitration will have to overcome a legal hurdle in the enforcement process of arbitral awards. This article aims to investigate how the courts control the arbitration practices and what the basic legal issues in the enforcement of arbitral awards are. The US Federal Arbitration Act is investigated, while relevant cases are reviewed and updated for legal analysis.

토양오염지역의 책임에 관한 우리 나라, 미국, 영국, 독일, 네덜란드, 덴마크 법과 제도의 비교 분석 및 우리 나라 정책개선방향 (Problem Findings Regarding the Legal Liability of Soil Contaminated Sites in Korea, and it's Policy Suggestion from a Comparison Study to U. S., U K., Germany, Netherlands, and Denmark's Policies)

  • 박용하;학상열;양재의
    • 환경정책연구
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    • 제3권2호
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    • pp.31-57
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    • 2004
  • Attempts were made to compare and analyze the policies of the United States, the United Kingdom, the Netherlands, Germany and Denmark concerning Korea's major problems associated with legal liability of the contaminated sites. These countries were chosen from a feasible preliminary analysis of 18 countries of the EU and the U. S. The major problems were revealed based on the analysis of Korean legacy and legislation, which are summarized as follows i) lack of clear detailed technical and legal guidance to determine the responsible party or parties of contaminated sites, ii) no distinction between the strict and non strict legal liability of innocent land owners, iii) no clearly set limit on retroactive legal liability. Comparison of the policies of countries chosen suggested improvements regarding these major problems as follows: i) activating national and international research on soil contamination prevention policy, ii) arranging distinct legal regulation between strict and non strict liability criteria, iii) establishing the limits on innocent and non strict liability, iv) establishing methodology and process of legal liability distribution and compensation, and v) establishing a legal process to redeem any benefit derived from remediation of contaminated sites with the public budget. Our policy suggestions above are not yet conclusive due to a lack of policy implementation simulation. Additional research is needed on aspects of social, economic and long term effects of the proposed policy directions. Nevertheless, application of the policy suggestions of this research would increase the efficacy of Korean policy regarding the survey and remediation of the potentially contaminated sites.

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船舶優先特權과 船泊執行의 實務에 관한 考察 (A Study on the Forcible Execution for Arrest of Ship Relating to Maritime Lien)

  • 황석갑
    • 한국항해학회지
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    • 제16권2호
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    • pp.29-39
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    • 1992
  • According to newly revised Korean Commercial Law, 1991, several amendments on the maritime liens as a special legislative rights duly performed so as to make an equity with mortgates of the ship. Consequently, it is also noteworthy that claimants of the maritime lien should know how to secure their legal rights on the ship. Such a legal practice is performing in accordance with the doctrine and principles of the law of forciable excution without court order. This paper, therefore, intends to study specific legal practice for exercising legal rights on the ship by due process of law.

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중재합의의 당사자자치에 관한 미국계약법상 해석 (Party Autonomy in Arbitration Agreement: The U.S. Laws)

  • 하충룡
    • 한국중재학회지:중재연구
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    • 제29권2호
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    • pp.89-105
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    • 2019
  • This paper reviews and analyzes the U.S. cases and statutes on the issue of party autonomy in arbitration agreement. Arbitration agreement has been interpreted somewhat differently from general contracts because its legal characteristics are not purely contractual by nature. For example, some legal scholars insist that an arbitration contract is more about an agreement on a process of dispute resolution than a creation of rights and obligations to avoid litigation. Party autonomy was discussed in diverse legal perspectives including contract of adhesion, VKI principle, and separability of arbitration clause. These three legal perspectives are discussed to set the legal relationship between party autonomy and protection of consumers in consumer arbitration. In addition, it was discussed how legal defects in the formation of an arbitration contract can influence the party autonomy. The legal defects that were discussed to analyze the relationship between arbitration agreement and party autonomy included misrepresentation, fraud, mistake, duress, and undue influence.

Navigating the Digital Maze - Pertinent Issues in E?Arbitration

  • Markert, Lars;Burghardt, Jan
    • 한국중재학회지:중재연구
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    • 제27권3호
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    • pp.3-31
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    • 2017
  • Legal tech is commonly considered as the use of software and technology in the process of providing legal services. It is disrupting the method in which legal services are traditionally rendered, and under the buzz word "e-arbitration" also extends to the area of international commercial arbitration. This article aims to give an introduction into the most pertinent issues in "e-arbitration", starting with an attempt at defining the term "e-arbitration" and with an overview of some of the service providers. It goes on to address the use of information technology in international arbitration and concludes with an analysis of key legal issues arising when various aspects of the arbitral process are commenced, conducted or concluded in digital form.

The Impact of Environmental Factors on the International Harmonization Process of Accounting on SMEs: Evidence in Vietnam

  • NGUYEN, Dung Duc
    • The Journal of Asian Finance, Economics and Business
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    • 제7권10호
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    • pp.641-649
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    • 2020
  • The study examines the effect of environmental factors on the international harmonization process of accounting on small and medium enterprises in Vietnam. These factors include legal environment, business environment, and cultural environment. The data is collected by a survey of 100 accountants and 100 auditors on the factors that affects the international harmonization process of accounting. The T-Tests indicate differences between the answers of the accountants and auditors. First, for the accountants, legal environment has the biggest effect on the harmonization process of accounting; while on the auditors, business environment has the biggest influence. Second, while the accountants consider costs higher than benefits in the harmonization process of accounting, the auditors assume that benefits are superior to costs that businesses spend. Third, both the accountants and the auditors indicate that the harmonization process of accounting should not be applied for all small and medium enterprises. From the study results, the author has given a different evaluation method that Vietnam should implement for international harmonization with the required adjustments as per the suitability with the status of businesses in Vietnam. The process of harmonization in accounting practices should not be indiscriminately applied to all the small and medium enterprises either.

Information and Communication Technologies in the Main Types of Legal Activities

  • Kornev, Arkadiy;Lipen, Sergey;Zenin, Sergey;Tanimov, Oleg;Glazunov, Oleg
    • International Journal of Computer Science & Network Security
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    • 제22권11호
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    • pp.177-183
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    • 2022
  • Thanks to the informatization of society, complex and high-tech devices are being introduced in all areas of human life, and the latest technologies are being actively improved in the modern, globalizing world. The article deals with the issues of using information and communication technologies in legal activities. It also covers the main types of such activities: law-making, law enforcement, and interpretive activity. Since there is an increase in the flow and accumulation of legal information, it is practically impossible to use traditional methods of working with legal information. The article considers and analyzes the role of information and communication technologies in modern legal activity. It is necessary to reveal the principles, concepts, conditions, and factors of their development and develop theoretical and practical recommendations for the use of such technologies in order to solve legal tasks. The authors of the article raise the issues of increasing the efficiency of legal activity, as well as the integration of information technologies into practical legal activity and their use for collecting, storing, searching, and issuing legal and reference information. Much attention is paid to the specific use of automated data banks and information retrieval systems in legal practice that ensure the accumulation, systematization, and effective search for legally important information. The development of such technologies leads to the creation of comfortable conditions for a lawyer in the course of their professional activity. Currently, legal activity cannot exist without telecommunication technologies, legal reference systems, and electronic programs. The authors believe that due to the use of the latest information technologies, the time for making legal decisions has significantly accelerated, the process of searching and systematizing evidence has been worked out, and it has become possible to quickly and efficiently find information on adopted laws and legal acts.