• 한국IT서비스학회지
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• 제5권1호
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• pp.61-81
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• 2006

It is necessary to systematically explore the reform plans of the Software Industrial Promotion Law to systematically a representative high-added value future knowledge-based industry, software industry. The current Software Industrial Promotion Law provides only one provision on software business contract procedures, and the Civil Code, the National Contract law or Subcontract Fairness Law regulate other things, so the features of software industry are not properly reflected. To the contrary, the Information Communication Construction Law or the Construction Basic Law effectively prevent disputes by providing material and detailed provisions. Therefore the current software industry needs to be shifted from promotion to fundamental one. That is, as the software industry takes up a large portion at present, so the law should have basic procedural provisions. Also the National Contract Law governs only the contract procedures of public sector, so there should be business performance procedural provisions to regulate the software business formalities of civil sector. And the National Contract Law controls the sale, construction and service of articles at separate contract procedures, but software business contains construction and service characters simultaneously, so there should be business performance procedures fit for software business. Thus this study presented the legislative need and bill on the performance procedures of software business.

• Journal of Multimedia Information System
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• 제8권1호
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• pp.61-68
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• 2021

The paper is based on data collected from the Amazon website (specific in the Handmade's Category) to understand and analyze Vietnamese artisans' business context. Data analysis is also applied to determine the factors that bring success Handmade products and compare products of the same industry among competitors to find out potential products. By collecting data from Amazon and analyzing the data, we extracted useful information for online business developers. Besides, the list of potential products in Handmade sector can be referred to improve the business and compete with competitors. This paper also proposes solutions to help Vietnamese products become more appealing to international customers on the Amazon website.

• 패션비즈니스
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• 제13권4호
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• pp.37-50
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• 2009

Recently, as individual 3D avatars are rapidly generalized in internet sites, its commercial applications for fashion business are being tried in ubiquitous fashion shopping era. In this research, we have investigated and analyzed patent problems of 3D avatar including personal body data to activate the fashion business using 3D avatars. Here, considering the patents for 3D face and body generation methods are already published, this research is focused on whole 3D body avatar obtained from individual body information. Firstly, definition of 3D avatar and its application cases have been investigated and then it has been researched whether or not legal protections by patent law, copyright law, computer program protection law, design protection law and fair competition laws are feasible in view of the subjects to be protected in each law and requirements for such protections. It was revealed that patent law may provide legal protections for 3D avatar and domestic and foreign patents related to 3D avatar have been researched.

• 의료법학
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• 제12권2호
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• pp.189-217
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• 2011

According to the current law of national health insurance, the Minister of Health and Welfare can impose a suspension of business or license, and a fine with medical institutions who violate the law. In case that medical institutions raise an action for ity with each penalty, they ask for replacing the suspension of business with a fine during the pendency of the action. But there is a long gap of time between an offense and administrative measures. One violation cause several types of administrative measures (suspension of business or fine, suspension of license etc.) and different government departments impose these penalties. It takes a lot of time to organize their opinions and they are liable to impose penalties after considerable space of time because of overwhelming tasks. Then the medical institutions can sustain a loss by getting unexpected administrative measures after their offense against the law. Thus, this article review whether extinctive prescription apply to the right of imposing fine on the law of national health insurance or not. Meanwhile, we have no regulations imposing a same fine to co-representatives of medical institution who infringe the law of national health insurance. On this point, this study review whether they have equal duty on that or not.

• 동아시아경상학회지
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• 제11권4호
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• pp.41-50
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• 2023

Purpose - This study aims to examine the role of contract law in mergers and acquisitions (M&A) and to examine whether or not contract law is necessary in M&A. The study also discusses how contract law can be utilized in M&A, as well as some of the problems that arise from the use of contracts in this area. Research design, data, and methodology - To minimize bias and errors, this study used only peer-reviewed articles and book excluding internet news articles, conference papers, and dissertations. For a well-organized screen and selection process, the author conducted the extraction procedure thoroughly to eliminate some duplicated resources. Result: This study indicates that complex deals carry a high risk but also have the potential to yield substantial revenue for stakeholders. Thus, contract law is essential to the success of M&A because it helps to define the (1) terms of the transaction, (2) reduces risk, (3) offers legal safeguards, and ensures that the (4) agreement is enforced. Conclusion - This study concludes that an understanding of contract law is essential to the profitable merging of two businesses. The application of contract law provides a mechanism for enforcing the agreement, which can increase the likelihood that the stipulations of the M&A will be satisfied.

• The Journal of Asian Finance, Economics and Business
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• 제7권11호
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• pp.637-645
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• 2020

A free-market economic system supported by the progress of the Industrial Revolution 4.0 has given birth to a sharing economy with a disruptive business model. In many ways, this business model is more effective, efficient, and makes it easy for businesses and consumers. However, because disruptive innovation is not asymmetrical with the conventional business that sustains innovation, several regulatory issues arise because it is fundamentally very different and cannot be regulated by standard law. Disruptive innovation may create chaos if it is regulated by norms that are used to regulate conventional business. This research was conducted with a normative method, which examines various theories, principles, laws and regulations to get justification for how the law should govern. The findings of this study are: competition law must be designed pragmatically so that it can keep pace with changes in business models that are rapidly changing. For this reason, it is necessary to shift regulatory authority from the Government to business people to make self-regulation, as a rule, that was born from the agreement of the business actors themselves. Self-regulation is considered more effective in maintaining fair competition, so that the market will be more dynamic, and consumers will be more prosperous.

• 무역상무연구
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• 제49권
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• pp.257-281
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• 2011

The duty of utmost good faith is found in sections 17-20 of MIA 1906. Critics of the current legal regime on the pre-contractual duty from the viewpoint of the assured, have been concentrated on two points in particular. First, the scope of the duty is so wide that it imposes too high burden on the assured. The second criticism is directed at the remedy, prescribed by the MIA 1906, s.17, against breach of the duty. This article intends to analyse the legal implications of proposals in CP 2007 for reforming pre-contractual duty of utmost good faith of business assured in English insurance contracts law and the problems of proposals. The Law Commissions are proposing four fundamental changes to meet the long-standing criticism and the results of analysis are as following. First, the Law Commissions are proposing a change in the test of constructive knowledge in relation to the duty of disclosure so that a business assured will be obliged to disclose facts which he knows or a reasonable ought to know in the circumstances. Secondly, deviating from the current legal position, the Law Commissions are proposing that if a business assured has made a misrepresentation, but the assured honestly and reasonably believe what it said to be true, the insurer should not have any remedy due to the misrepresentation. The proposal is designed to protect the reasonable expectations of business assured at the pre-contractual stage. Thirdly, the Law Commissions are proposing to change the test for materiality by replacing the "prudent insurer" test by a "reasonable assured" test. The proposed test would focus on the question of what a reasonable assured in the circumstances would think what is relevant to the judgment of the insurer. Finally, the Law Commissions are proposing flexible remedies in case of the breach of the duty. The Law Commissions are proposing no remedy when an assured is acting honestly and reasonably, while avoidance in case of dishonesty. On the other hand, The Law Commissions seem to have an intention to introduce a compensatory remedy in case of negligent breach of the duty.

• 무역상무연구
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• 제54권
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• pp.189-209
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• 2012

This Work intends to study on some issues of business and law in relation to Contract for Turnkey Base System. The continuing advance of export system of the plant with the importance for efficient and effective management emphasizes the need for business and legal approach to uniform international model contract. ICC Model Contract for Turnkey Supply of Industrial Plant by ICC covers a particular category of turnkey contract, i.e. contracts for the supply of a plant or production line to be erected within facilities which already exist or which are constructed by the purchaser. Furthermore, the application of the ICC Model Contract for Turnkey Supply of Industrial Plant leaves much to be desired from a business and legal point of view. Therefore, there would appear to be room for compromise between the supplier and purchaser in respect to make a contact for Turnkey supply of industrial plant.

• 무역상무연구
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• 제26권
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• pp.3-34
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• 2005

This thesis is in focus on keeping int'l businessman in mind application of CISG to perform smoothly in the their oversea's trade in accordance with taking effect on ratification of it from first, March, 2005. First of all, they have to keep in mind that it is possible to fall within the sphere of application of CISG of their contracts made between parties whose places of business are in different countries or although they have their places of business in different contracting states, if rules of private int'l law imply or express to the application of law of contracting state. Therefore in order to avoid confusion about whether apply or not, it is necessary to customize application of CISG as a proper law of their contracts. If so, they can avoid problem of requirements as to forms and any other requirement as to forms. Secondly they must attend the use of the legislative history of CISG and the use of the int'l case law and various scholarly thesises that studied on CISG such as information of Institute of Int'l Commercial Law under School of Law, PACE University. If so, problems which can give a rise in connection with interpretation of a basic and important terminology of CISG will be successfully conquest. In addition to above mentioned attentiveness, they must keeping in mind that various problems in connection with application of provisions of CISG can give their oversea's business a obstacle. buy the way of precaution against this case, they have to collect and analyze various materials about CISG.

• 무역상무연구
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• 제13권
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• pp.979-1012
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• 2000