• Title/Summary/Keyword: Act/Regulation

Search Result 696, Processing Time 0.026 seconds

Outsider Trading Regulation under the Capital Markets Act (자본시장법상 외부자거래의 규제와 개선방안)

  • Chang, Kun-Young
    • Journal of Legislation Research
    • /
    • no.41
    • /
    • pp.367-399
    • /
    • 2011
  • This Article examines the regulation of outsider trading under the Financial Investment Services and Capital Markets Act (the "Capital Markets Act"). Outsider trading occurs when a market participant who is not a traditional corporate insider trades securities based on either "inside" or "outside" nonpublic information. Unlike "inside" information, "outside" information is referred to as information not derived directly or indirectly from the issuer. "Outside" information includes both "corporate" and "market" information. "Corporate information" is information about events or circumstances which affect the company's assets or earning power. "Outside corporate information" is information about the company's assets or earning power not derived directly or indirectly from the issuer. "Market information" is information about events or circumstances which affect the market for a company's securities but which do not affect the company's assets or earning power. The Capital Markets Act prohibits both "temporary insiders" from using "corporate" information in trading securities and "outsiders" from using "market" information, such as (i) information regarding the initiation or discontinuance of a tender offer; or (ii) information regarding acquisition or disposition of stocks in bulk. However, the Act does not encompass circumstances (i) where an outsider trades securities based on confidential corporate information obtained through certain types of wrongful conduct; (ii) where an outsider trades securities based on corporate information obtained through eavesdropping; and (iii) where an outsider trades securities based on either outside corporate information or market information created by the outsider himself. In order to plug a few of the gaps left open in the law of outsider trading under the Capital Markets Act, this Article suggests that regulators adopt a relatively broad reading of the scope of ${\S}$ 178(1) of the Act, which is similar to SEC Rule 10b-5, to include outsiders with no relationship to the corporation that had issued the securities. Since ${\S}$ 178(1) of the Act does not require "deception" for liability, it would seem to evade the limitations imposed by the U.S. misappropriation theory. Key Words : Outsider Trading, Insider Trading, Material Nonpublic Information, the Capital Markets Act, Misappropriation Theory, Fiduciary Theory.

Direction of CM Services Defect Liability in the CM Contract

  • Cho, Young-Jun
    • Journal of the Korea Institute of Building Construction
    • /
    • v.13 no.3
    • /
    • pp.209-217
    • /
    • 2013
  • The execution of a construction project involves the engagement of many participants. Generally, the Authority uses CM to certify that the Work is built according to the contract documents. The CM work scope is expressed in the Construction Technology Management Act and its Regulation. The mandated and delegated CM services are limited to the construction period. If Contractor is required to repair a construction defect, the Contractor should bear the burden of the inspection service for the defect repair, because it is associated with him. Nevertheless, CM should submit a bond to provide the inspection and supervision service for the defect repair. These may result in conflict with each liability. Therefore, CM service in the law and regulation was investigated and analyzed in this study to classify the characteristics of CM contracts, and it was suggested that the CM liability for the inspection and supervision service for the defect repair should be reconsidered.

Metropolitan Area Development Planning and Environmental Impact Assessment in Korea : With Special Reference to Pusan and Asan-Bay Metropolitan Area Development Planning (광역개발계획과 환경영향평가 : 아산만권 및 부산권 광역개발계획을 중심으로)

  • Lee, Jong-Ho
    • Journal of Environmental Impact Assessment
    • /
    • v.4 no.1
    • /
    • pp.47-57
    • /
    • 1995
  • This study analyzes the problems of environmental laws, development planning laws, Metropolitan Area Development Planning(MADP), and the level of environmental pollution at Pusan and Asan-Bay Metropolitan Area where MADP will be realized in the near future. In order to prevent the environmental pollution by realization of MADP, Environmental Impact Assessment Act and environmental impact assessment systems in Korea should be revised so as to reflect the followings. First, the impact of national landuse planning change on the environment should be considered at the beginning of environmental impact assessment procedures. Second, the overlapping and greater impact of many projects, whose part is the subject of environmental impact assessment, upon surrounding metropolitan area should be simultaneously evaluated and the environmental pollution protection and abatement alternatives must be made according to the above impact of the projects. Thirdly, total effluent regulation of water pollution, air pollution and solid wastes should be enforced based on the self-purification of the metropolitan area environment.

  • PDF

Metropolitan Area Development Planning and Environmental Impact Assessment in Korea with Special Reference to Asan-bay Metropolitan Area Development Planning (광역권 개발과 환경영향평가)

  • Lee, Jong-Ho
    • Journal of Environmental Impact Assessment
    • /
    • v.4 no.3
    • /
    • pp.63-71
    • /
    • 1995
  • This study analyzes the problems of environmental laws, development planning laws, Metropolitan Area Development Planning (MADP), and the level of environmental pollution at Asan-bay metropolitan area, where MADP will be realized in the near future. In order to prevent environmental pollution by the implementation of MADP, the Environmental Impact Assessment (EIA) Act and EIA systems in Korea should be revised so as to reflect the followings. First, the impact of national landuse planning changes on the environment should be considered at the beginning of the EIA procedures. Second, the overlapping and greater impact of many projects upon surrounding metropolitan areas should be simultaneously evaluated, though each project is the subject of EIA, and the environmental pollution protection and abatement alternatives must be made in accordance with the above impact of the projects. Thirdly, total effluent regulation of water pollution, air pollution and solid wastes should be enforced based on the self-purification of the metropolitan area environment.

  • PDF

Mechanism, Function and Regulation of Microtubule-Dependent Microtubule Amplification in Mitosis

  • Zhu, Hui;Fang, Kayleen;Fang, Guowei
    • Molecules and Cells
    • /
    • v.27 no.1
    • /
    • pp.1-3
    • /
    • 2009
  • Mitotic spindle mediates the segregation of chromosomes in the cell cycle and the proper function of the spindle is crucial to the high fidelity of chromosome segregation and to the stability of the genome. Nucleation of microtubules (MTs) from centrosomes and chromatin represents two well-characterized pathways essential for the assembly of a dynamic spindle in mitosis. Recently, we identified a third MT nucleation pathway, in which existing MTs in the spindle act as a template to promote the nucleation and polymerization of MTs, thereby efficiently amplifying MTs in the spindle. We will review here our current understanding on the molecular mechanism, the physiological function and the cell-cycle regulation of MT amplification.

A Study on direction of developmental policy for coastal management in the central southern sea (남해중부연안관리의 발전적 정책방향에 대한 고찰)

  • Yoon, Sung-Yoon
    • Journal of Wetlands Research
    • /
    • v.2 no.1
    • /
    • pp.11-17
    • /
    • 2000
  • The natural ecology of our coastal zone has been well preserved because of the designation of Han-Ryea national sea park. However, recently, it is being threatened by the frequent request of district regulation of national park and relaxation of green belt, etc. And also, with the reclamation of the foreshore by the development of industrial complex and tourism resource cultivation on a large scale, development pressure for natural coast is increasing. For that reason, preservation of the ecology, organized management and investigation is needed for the islands which scenery is beautiful and rare animals and plants inhabit. And also, it is worried that major habitats of migrants are diminishing because of the district regulation of national park, relaxation of green belt zone and construction of coastal streets. Therefore. on the basis of the through environmental impact assessment, only the business which are aimed at the preservation and restoration of the natural coast should be admitted and the act of eroding must be restricted.

  • PDF

Role of estrogen and RAS signaling in repeated implantation failure

  • Hong, Kwonho;Choi, Youngsok
    • BMB Reports
    • /
    • v.51 no.5
    • /
    • pp.225-229
    • /
    • 2018
  • In humans, hormonal regulation is crucial for the preparation of uterine environment leading to either successful implantation or menstrual cycle. Estrogen is a pivotal female steroid hormone that regulates the uterine dynamics along with progesterone in the estrous and menstrual cycles in humans. Estrogen signals act via nuclear estrogen receptor or membrane-bound receptor. The membrane-bound estrogen receptor plays a crucial role in the rapid response of estrogen in the uterine epithelium. Recently, RASD1 has received attention as a novel signal transducer of estrogen in various systems including female reproductive organs. In this review, we discuss the regulation of estrogen and RASD1 signaling in the uterus and also provide insights into RAS as a novel signaling molecule in repeated implantation failure.

A Study on Regulation for Domestic Airspace Operation of Foreign Registered FTB Aircraft (해외도입 FTB 항공기의 국내 운용을 위한 제도 고찰)

  • Hong, Seung-Beom;Hong, Gyoyoung;Park, Jehong;Eom, Jeonghwan;Chong, Pilhan
    • Journal of the Korean Society for Aviation and Aeronautics
    • /
    • v.28 no.1
    • /
    • pp.115-121
    • /
    • 2020
  • Recently avionics equipment and its integration are most important part for implementing high performance aircraft system. This trends are emphasized in the military or special purpose aircraft development program. Flight Test Bed Aircraft (hereafter FTB A/C) - by modified commercial aircraft - was key solution to verify function and performance of avionics system for complex aircraft development program for a while, but there are no experience to use it in domestic airspace of ROK. This paper would like to address what act and regulation is necessary to perform flight operation of FTB A/C with keeping a airworthiness and airspace control policy. and then willing to propose what do we do for improving aviation industry.

Lonicerae Flos Inhibited COX-2 and MMP-9 in LPS Induced Arthritis of Mouse through Regulation of MIF (LPS 유도 생쥐 관절염에서 금은화의 MIF 활성 조절이 COX-2와 MMP-9 생성 억제에 미치는 영향)

  • Ahn, Sang-Hyun;Kim, Ho-Hyun
    • Journal of Physiology & Pathology in Korean Medicine
    • /
    • v.24 no.2
    • /
    • pp.242-248
    • /
    • 2010
  • The present study was designed in order to determine whether Lonicerae flos (LF) could mitigate rheumatoid arthritis through inhibition of cyclooxygenase (COX)-2 and matrix metalloproteinase (MMP)-9 by regulation of macrophage migration inhibitory factor (MIF). We found that MIF mRNA expression in synoviocytes stimulated with phorbol-12-myristate-13-acetate dose-dependantly decreased by LF extract treatment (0.4 - 1.0 mg/$m{\ell}$). The distribution of MIF, COX-2 and MMP-9 positive reacted cells in LPS induced arthritis of mice were decreased by LF (45 mg/kg/day) treatment for 28 days. These data likely indicate that LF may act as MIF inhibitor and may be possible to develop useful agent for rheumatoid arthritis.

Validate the Effectiveness of Strengthening Legal Regulations to Expand Direct Construction of General Construction Companies (종합건설기업 직접시공 확대를 위한 법률 규제 강화의 실효성 검증)

  • Park, Hong-Jo;An, Sung-Hoon
    • Proceedings of the Korean Institute of Building Construction Conference
    • /
    • 2023.05a
    • /
    • pp.341-342
    • /
    • 2023
  • This study empirically validates whether the effect of strengthening the legal regulations in the construction industry under the 'Construction Business Act' is true in order to expand the direct construction of the comprehensive construction corporation. Checking the effectiveness of the legal regulation that can force direct construction of the required scope of construction will not only be a logical background in the strengthening of law regulations but also suggest arguments that contradict some construction companies called legal regulation.

  • PDF