• Journal of Korean Society of Occupational and Environmental Hygiene
• /
• v.33 no.3
• /
• pp.365-374
• /
• 2023

Objectives: After the MSDS submission and non-disclosure review system was introduced in January 2021, there were compliance difficulties in the field. Accordingly, for the establishment of the MSDS system, the government intends to investigate what has been improved and what urgently needs to be improved in the future, and to suggest detailed improvement plans. Methods: The background and problems of urgent difficulties in the field handling chemicals were investigated, and realistic improvement plans were derived through review of other laws related to the MSDS system and overseas cases. Results: In order to guarantee the safety of the public while at the same time promoting corporate R&D, it is necessary to alleviate the non-disclosure screening system for chemical substances for R&D, and to improve the irrationality of failing to implement the non-disclosure screening system due to information on unclassified substances being circulated. For this reason, it seems necessary to ease the requirement to submit all ingredients. In addition, it is necessary to strengthen punishment to raise awareness so that health problems do not occur due to the harmfulness and danger of hidden substances among workers who handle chemical substances and downstream users due to false descriptions in MSDS. Conclusions: All members of our society, including chemical manufacturers/importers and handling companies, academia, civil society, and the government, each subject of chemicals, should take an interest in the entire process from production to disposal of chemicals and work together to prevent harm to the public.

• Asian Journal of Business Environment
• /
• v.5 no.3
• /
• pp.17-21
• /
• 2015

Purpose - This paper compares current requirements for depreciation accounting from the Financial Accounting Standards Board in America for equity securities and all debt securities with determinable fair value, and disclosure requirements related to the fair value of securities below registered cost with the requirements of the international Financial Reporting Standards Board and accounting standards committee. Research design, data, and methodology - Mini-review statements are examined relating to depreciation of investments in America and the Financial Accounting Standards depreciation of investments in Iran that meet the requirements of international reporting standards and the Iranian Accounting Standards Committee. Results - Accounting rules for depreciation of investments in securities requires a good deal of judgment. In particular, devaluation decisions during the recession and market crisis were controversial, although even with no clear guidelines on devaluation, sometimes such decisions were simple. Conclusions -Companies can choose from formal policies applied uniformly and documentations of interest to provide a summary of the principles and conclusions obtained through disclosure, enabling market participants to assess the entity's conclusions reasonably, thereby easing investor and market worries.

• East Asian Economic Review
• /
• v.21 no.1
• /
• pp.29-58
• /
• 2017

The third pillar of the Basel II highlights the role of market discipline in easing the existing pressure on traditional monitoring measures like capital requirement and government supervision. This study test the effectiveness of market discipline in inducing prudential risk management practices among the East Asian banks over the 1995 to 2005 period. Market discipline is measured using information disclosure and interbank deposit holdings. We find that only the latter is an effective market discipline tool. However, the former becomes effective when market concentration is higher. We find that government owned, foreign owned and recapilatised banks are subject to market disciplining when disclosure in taken account but the opposite is true when interbank deposits is taken into account. Finally, we find that banks that disclose more risk related information hold more capital against their non-performing loan. The implications of the findings are discussed.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.71
• /
• pp.171-194
• /
• 2016

In the UK, the legal principle for the duty of disclosure established in Carter v Boehm case was codified in the Marine Insurance Act 1906("MIA"). The duty of disclosure under the MIA is the pre-contractual duty by the insured and therefore, the insured should disclose the every material circumstance that would influence a prudent insurer's judgement. If the insured violates the duty of disclosure, the insurer is entitled to avoid the insurance contract, regardless of whether there was the deliberate or reckless breach, which is unfavorable to the insured. The Law Commission reviewed the duty of disclosure under the MIA in detail and provided the Insurance Act 2015 for the purpose of enhancing the interests of the insured. The Insurance Act 2015("Act"),while the basic legal structure of the duty of disclosure under the MIA still remains, amends it in respect of non-consumer insurance and furthermore, integrate the duty of disclosure and the duty not to misrepresent into the duty of fair presentation of risk. And according to the Act, the insurer is required to more actively communicate with the insured before entering the contract with the result that, if the insured fails to disclose the material circumstance but provides the sufficient information to put the insurer on notice, the insurer should further inquire for the purpose of the insured's revealing the material circumstance. In addition, the Act details the insured's constructive knowledge of material circumstance by reviewing the current case law and introduces a new system for the insurer's proportionate remedy against the insured's breach of the duty of fair presentation of risk.

• The Korean Journal of Archival Studies
• /
• no.22
• /
• pp.77-114
• /
• 2009

The right to know is not satisfied merely by making or improving laws or systems. The right to know is a matter of culture rather than system. Nevertheless, consistent system improvement measures are required. There are many laws relating to the right to know. In particular, at the core are the Official Information Disclosure Act, the Record and Archives Management Act, and the Presidential Record Management Act. The fact that systems relating to official record management and presidential record management are related to the right to know is understood by the promotion of records and archives management reform after the year 2004, as a result of which the national archives management innovation road map was established. Reflecting the many opinions of the "Information Disclosure System Improvement Task Force" composed with participation of the government and the press after the participatory government's announcement of "Measures to Advance the Support System for News Coverage," amendments to the Information Disclosure Act have come forward with system improvement measures in connection with issues that had arisen until then. Such improvement measures have not resulted in actual improvements. This thesis proposes several system improvement measures, focusing on those that have arisen until now but have not been reflected in discussion, such as converting the concept of information non-disclosure into disclosure postponement, preparing and disclosing particular information disclosure standards, specifying personal information for non-disclosure, specifying and strictly applying any information that has not been disclosed for purposes of internal review, deleting non-disclosure items in stenographic records that do not have a reason to exist, and establishing limits and terms of non-disclosure. Of the most remarkable system improvement measures that have been made until now is our recognition that the right to know is not limited to the information disclosure system but that the "cause" of archive management should be systematic and scientific. In other words, the right to know is understood to establish not just accidential factors, such as with a whistle-blower, but the inevitable factors of systemization of production, distribution, preservation, and use of archives. Much more study should be pursued regarding disclosure of archives information. In particular, difficult issues to be resolved regarding reading records at permanent archives management institutions, such as the National Archives of Korea, or copyrights that arise in the process, require constant study from academia and relevant institutions.

• Journal of Korean Society of Occupational and Environmental Hygiene
• /
• v.33 no.3
• /
• pp.265-272
• /
• 2023

Objectives: Since the material safety data sheets(MSDS) submission and non-disclosure review system was introduced in January 2021, the implementation status of MSDS for chemical manufacturing and importing workplaces being supervised for the first time. Methods: A supervisory team consisting of two labor inspectors and one from the Korea Occupational Safety and Health Agency directly visited the selected workplaces to check compliance with the MSDS system as a whole. Results: As a result of supervising 214 chemical substance manufacturing/importing workplaces, a total of 241 violations of the law were found in 121 workplaces, or 57% of them. In response, the Ministry of Employment and Labor took legal action on 8 cases in 6 locations, imposed a fines totaling of 249.69 million won on 120 chemical handling workplaces, and took action to correct the violations immediately. Conclusions: Major violations were in the order of non-request for warning signs, non-submission of MSDS, non-execution of MSDS training, and non-posting of MSDS. This shows the reality that employers who handle chemical substances are sufficiently communicating chemical information to workers. In the future, the government will actively implement preparation and submission support and system guidance for the implementation of the MSDS system, while making efforts to ensure that the MSDS system works well in the field through thorough on-site supervision in the future.

• Journal of the Korean Society of Clothing and Textiles
• /
• v.35 no.9
• /
• pp.1099-1111
• /
• 2011

This study identified the types of consumer review information about apparel products based on consumer satisfaction/dissatisfaction with the availability/non-availability of consumer review information for online stores. Data were collected from 318 females aged 20s' to 30s', who had significant experience in reading consumer reviews posted on online stores. Consumer satisfaction/dissatisfaction with availability or non-availability of review information on online stores is different for information in regards to apparel product attributes, product benefits, and store attributes. According to the concept of quality elements suggested by the Kano model, two types of consumer review information were determined: Must-have information (product attribute information about size, fabric, color and design of the apparel product; benefit information about washing & care and comport of the apparel product; store attribute information about responsiveness, disclosure, delivery and after service of the store) and attracting information (attribute information about price comparison; benefit information about coordination with other items, fashionability, price discounts, value for price, reaction from others, emotion experienced during transaction, symbolic features for status, health functionality, and eco-friendly feature; store attribute information about return/refund, damage compensation and reputation/credibility of online store and interactive and dynamic nature of reviews among customers). There were significant differences between the high and low involvement groups in their perceptions of consumer review information.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.13
• /
• pp.365-387
• /
• 2000

One of the central and primary doctrine of the law of marine insurance is that the contract of indemnity entered into by assured and insurer is a contract of the utmost good faith. The notion of utmost good faith is a well established doctrine derived from the celebrated case of Carter v. Boehm(1766), decided long before the inception of the Marine Insurance Act(MIA). With the codification of the law, the principle found expression in sections $17{\sim}20$ of the MIA 1906. In section 17 is presented the general duty to observe the utmost good faith, with the following sections introducing particular aspects of the doctrine, namely, the duty of the assured and brokers to disclose material circumstances, and to avoid making misrepresentations. It is somewhat surprising that section 17, being a long founded doctrine, has not attracted the attention of the courts until very recently. Given that the most significant manifestations of uberrimae fidei are non-disclosure and misrepresentations, fulfillment of the obligation of utmost good faith was, not unreasonably, for a long time perceived in terms of the duty to disclose and not to misrepresent. However, Black King Shipping Corporation v. Massie, 'Litsion Pride'(1985) has clarified that the duty of disclosure stems from the duty of utmost good faith, and not vice versa. The duty of utmost good faith is an independent and overriding duty, with the ensuring sections on disclosure and representations providing mere illustrations of that duty. It is now clear that there are important questions with regard to the general doctrine and as to the nature and scope of any duty of good faith continuing after the contract of insurance is made which require separate and fuller discussion. The purpose of this paper is to review the nature and scope of the duty of utmost good faith.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.24
• /
• pp.25-49
• /
• 2004

English contract law has traditionally taken the view that it is not the duty of the parties to a contract to give information voluntarily to each other. In English law, one of the principal distinctions between insurance contract law and general contract law is the existence of the duty of disclosure in insurance law. This article is, therefore, designed to analyse the scope or extent of the duty of disclosure and the remedy for breach of the duty in English marine insurance law. The main purpose of this article is also to seek the alternative remedy for the breach. The results of analysis are as following : First, the scope of the duty of disclosure is closely related to the test of materiality and the concept of a hypothetical prudent insurer. The assured is required to disclose only material circumstances subject to MIA 1906, s. 18(1). The test of materiality, which had caused a great deal of debate in English courts over 30 years, was finally settled by the House of Lords in Pan Atlantic and the House of Lords rejected the 'decisive influence' test and the 'increased risk' test, and the decision of the House of Lords is thought to accept the 'mere influence' test in subsequent case by the Court of Appeal. Secondly, an actual insurer is, in order to avoid contract, required to provide proof that he is induced to enter into the contract by reason of the non-disclosure of the assured. But this subjective test of actual inducement is somewhat meaningless in sense that English court takes the test of materiality as a starting point and assumes the presumption of inducement even in case of no clear proof on the inducement. Finally, MIA 1906, s. 18 provides expressly for the remedy of avoidance of the contract for breach of the duty of disclosure. This means rescission or retrospective avoidance of the entire contract, and the remedy is based upon a fairly crude 'all-or-nothing' approach. The remedy of rescission is too draconian from the point of view of the assured, because he can be deprived of all cover despite he is innocent perfectly. An inadvertent breach from an innocent mistake is as fatal as wilful concealment. What is, therefore, needed in English marine insurance law with respect to remedy for the breach is to introduce a more sophisticated or proportionate remedy ascertaining degrees of fault.

• Journal of Computing Science and Engineering
• /
• v.7 no.3
• /
• pp.177-186
• /
• 2013

We briefly review the problem of statistical disclosure control under differential privacy model, which entails a formal and ad omnia privacy guarantee separating the utility of the database and the risk due to individual participation. It has born fruitful results over the past ten years, both in theoretical connections to other fields and in practical applications to real-life datasets. Promises of differential privacy help to relieve concerns of privacy loss, which hinder the release of community-valuable data. This paper covers main ideas behind differential privacy, its interactive versus non-interactive settings, perturbation mechanisms, and typical applications found in recent research.