• Journal of the Daesoon Academy of Sciences
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• v.34
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• pp.203-238
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• 2020

This paper focuses on legal risks and risk management affecting foreign religions or foreign religious legal persons in Taiwan. Beginning with an overview of relevant legal norms, types, processes, precautions, other such considerations, the purpose of this paper is to assist foreign religions when they first come to Taiwan for development. The contents of this paper can inform the adoption of a suitable methodology. If foreign religions want to come to Taiwan to develop, there may be several methods for their development: 1. Send Individual Missionaries to preach in Taiwan 2. Send Groups to Preach in Taiwan: 1) specify these groups as temples (or religious groups called "Lingtai (靈臺)"). 2) form civil associations or unincorporated religious groups 3) cases of temples that have not been registered (or specified as "Lingtai") 4) cases of offices and independent property and religious purposes that are not registered with the government or registered as temples (differentiated from item 3) 3. Establishing a research center in Taiwan: When foreign religions have established religious consortia in foreign countries, they can come to Taiwan to set up branches. 4. The establishment of legal persons in Taiwan: These are divided into "school legal persons", "religious corporate legal persons" and "religious consortium legal persons." Each of the above types has a different law applicable to it. This article will introduce the contents of each applicable law and important related matters such as the relevant funds, setting incentive rules for outstanding religious groups, and religious groups applying for foreigners. Due to foreign-related factors in the development and setting up of foreign religions in Taiwan, Act Governing the Choice of Law in Civil Matters Involving Foreign Elements is the parent law for solving conflicts regarding laws and regulations. The spirit of Article 2 and Italian Private International Law, Article 25, Paragraph 1 and so on, adopts the legalism of establishing legal personhood. It is clear that the national law regarding legal persons is the law under which it was incorporated. Therefore, foreign religious legal persons who encounter legal issues in Taiwan fall under the national law, which was established as domestic law. Therefore, internal matters regarding foreign legal persons are also applicable to domestic law.

• Journal of Arbitration Studies
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• v.27 no.2
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• pp.83-105
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• 2017

In contemporary society interest in and consumption of beauty treatment are increasing, raising interest in health and beauty. However, beauty-related laws are becoming factors of hindrance of beauty development. Currently the Public Health Control Act plays a basic role in the beauty art business in Korea, However the contents are in discord with international laws and its definition is not clear. Therefore it is causing conflicts of different occupations and job associations which are similar to art business. Especially, because neither definitions nor policies on beauty care devices exist in the Public Health Control Act, beauty care devices using in foreign countries cannot be used in Korea due to classification as medical devices. Under this circumstance, therefore, beauty care device uses by beauty artists violate the law. The government has tried to solve these irrational regulations. Recently, the Small and Medium Business Administration announced 'the improvement plan of small business and young founders site regulation for public economy recovery' in a ministerial meeting on December 28, 2016. Regulations on policy preparation for skincare devices were inclusive in this announcement. It is the question whether the regulations will be executed or not. Even though beauty industrial competitiveness was presented in the 18th Presidential Council on National Competitiveness in 2009, it was not practiced. The proposal bills for beauty law improvement have been put forth several times since 2000 including an improvement plan for regulating beauty care devices. However, so far there have been no improvements. The damage on the regulation classifying beauty devices as medical devices is not only restricted to skincare. This develops beauty devices and the beauty industry which imports and exports beauty devices. When beauty devices are exported, complicated procedures are unavoidable and when beauty devices are imported, irrational problems like reregistration procedures and costs occur. The reason why an improvement plan has not gone into practice is the resistance of the dermatologists' association. Dermatologists tend to stand positively against harming public health by saying that beauty devices used by beauty artists cause people to suffer side effects. In contrast, anyone who has a licence to use beauty devices is able to use them in foreign countries. It is not only infringement of one's right as a beauty artist but also people's right to receive beauty care services. With this reason, Korean's current law under which beauty devices are ruled as medical devices should be revised with accordance to domestic surroundings. Therefore in order to advance and globalize the beauty industry, the support and cooperation of the Korean government and relevant associations is needed to legislate and revise the beauty devices laws. The relevant associations abandon regional self-centeredness and cooperate to define ranges, size and management of beauty devices for safe use. If no collaboration exists, an arbitration agency should be established to solve the problem.

• Journal of The Korean Association For Science Education
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• v.18 no.4
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• pp.473-483
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• 1998

A learner's cognitive conflict with his /her existing conception is regarded to be one of the most important factors for a conceptual change. In this study, the effects of the conflict situation types on inducing students' cognitive conflicts in Newton's law were examined. The thirty-four students of 10th grade were selected from a rural high school based on the result of pre-test. The two different types of conflict situations among many possible types were used in this study. One type was using logical conflict situation and the other was demonstrating real conflict situation. The levels of cognitive conflict were measured by 4-point Likert scale by three interviewers. As the results, the demonstration method was more effective than the logical argument method. In case of the logical argument method, rather than showing scientific conceptions, suggesting another misconception was more effective to the students who have misconception. However, logical argument method was not effective to those who have scientfic conceptions. To the students who have unscientific conceptions, the demonstration method was very effective for inducing cognitive conflict. From the results of this study, demonstration method of teaching seems to be very effective for inducing students' cognitive conflict and overcoming their misconceptions on scientific concept.

• Korean Journal of Legislative Studies
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• v.25 no.3
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• pp.33-67
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• 2019

This study analyzes whether online political activities have an important impact on attitudes toward the legalization of same-sex marriage and the anti-discrimination law and whether these effects are different by the religion of voters. The main findings are as follows. First, the ideology variable has a significant effect on attitude toward legalizing same-sex marriage and enacting anti-discrimination law. Second, the higher the degree of online political activities, the more likely they will support two issues. Third, the effect on attitudes toward the enactment of anti-discrimination law has appeared different by religion. In other words, Protestants, compared to other religions, are more likely to oppose the enactment of anti-discrimination laws as the level of online political activities increased. Our study is meaningful in that we found online political activities play an important role in making voters' attitudes positively toward the enhancement of the right of sexual minorities. Also, although ideological conflicts are usually intense in diplomatic and security issues in Korea, the sexual minority issue would be likely to be an crucial as a dimension of ideological conflicts.

• Journal of the Korean Society of Environmental Restoration Technology
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• v.27 no.2
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• pp.1-16
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• 2024

To achieve carbon neutrality and restore the national environment, there is growing interest in policies to transform national land areas into green space, such as expanding nature-based solutions, increasing biodiversity, and improving ecosystem service functions. In addition to complying with international agreements such as the United Nations Framework Convention on Climate Change and the Convention on Biological Diversity, it is necessary to expand green spaces to achieve the 2050 Carbon Neutrality goal, which can be achieved by restoring the damaged land in an ecological way. However, it is challenging to implement green restoration in a systematic and active way due to conflicts of interest among landowners and lack of institutional support and advanced technology. Therefore, this study aims to develop a strategy to expand green restoration and implement it smoothly and systematically. This study examined the current status of green restoration in South Korea by investigating green restoration laws and systems and overseas trends, and by surveying the perceptions of 1,000 people selected from a pool of the public. The results of this study show that it is difficult to implement the green restoration efficiently because the laws related to restoration are scattered. According to the relevant legal plans, the perception and direction of restoration is to pursue a sustainable national land environment, allow people to benefit from nature, improve the quality of life, and nurture related industries and human resources. In the international community, it is mentioned that green restoration contributes to achieving the 2050 Carbon Neutrality goal, revitalizing green industries, developing and applying advanced technologies, maintaining consistency in restoration-related policies, expanding citizens' access to green spaces, and adopting nature-based solutions. Both experts and the public are aware of the seriousness of the damage to the natural environment and prefer restoration with human use rather than focusing on natural recovery. It is expected that this study will contribute to the future direction of green restoration and the implementation of tasks for the sustainable restoration of the national land environment and the zero-carbon era.

• Korean Journal of Construction Engineering and Management
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• v.7 no.1 s.29
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• pp.119-127
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• 2006

On December, 1996, the Ministry of Construction and Transportation published Construction Management Service in Construction Industry Basic Act. CM service has been adopted in Korean construction market for ten years by now, however there was no significant change in the construction industry from adoption of CM service. The CM service results aggregated by PCM, from 1997 to 2004, show that CM service adopted projects were 324 in total and the total contract amount was 260million US dollars. These results tell us that adoption of CM service in Korean construction industry is not successful. The research is to survey the factors and the limitations affecting on poor adoption of CM service and to propose the improving strategies on that matter. Therefore, this paper analyzes former papers, laws and regulations on CM and CM service results from PCM as well. From the analysis, we found conflicts in between the laws such as different rules on same matter or missing significant policies in their provisions. Also, problems of industrial organization was found such that the public sector seldom adopts CM service due to their embeded CM function.

• Industry Promotion Research
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• v.8 no.2
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• pp.157-164
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• 2023

Since there are no related laws and regulations in the Korean private investigation industry, anyone can freely operate it if they report the business to the tax office. The reality is that companies hire PI to investigate rival companies and employees for specific reasons, as they generally rely on individual requests. The Korean PI industry is divided into two parts. The first are retired police officers and investigators who have experience in criminal investigation. The second are private citizen who can conduct investigation service activities runs a PI agency after everyone has registered with the tax office. It is no exaggeration to say that the current legal conflicts and legal problems that arise in the PI service cannot be ruled out because civilians are relatively less knowledgeable than PIs and legal experts. Therefore, in order for PI industry to operate stably in Korea, we will first study the concept and type of PI industry, comparative analysis of past PI laws, current status and reality of PI industry, and study the current status and references.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.18
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• pp.159-188
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• 2002

International joint ventures are usually formed and managed by domestic companies and foreign investors for the common objectives. They offer an opportunity for each partner to benefit significantly from the comparative advantages of the other. Local partners bring knowledge of the domestic market; familiarity with government bureaucracies and regulations; understanding of local labor markets; and existing manufacturing facilities. Foreign partners can offer advanced process and product technologies, management know-how, and access to export markets. In Korea, joint ventures have been encouraged to usher in foreign investors with foreign currency capital badly needed during the IMF financial crisis. In the meantime, Korean laws and regulations with respect to joint ventures have been largely overhauled to promote foreign direct investment (FDI) both inbound and outbound. They include four types of FDI, i.e., acquisition of foreign stocks, provision of long-term loans, participation in joint operations like resources development, and establishment of foreign offices. From the legal point of view, the formal joint venture agreement must be an offspring of a series of tough negotiations between domestic and foreign partners. They usually stress the long-term relationship with the good will and dedication to each other, and restrict the free transfer of stocks. Both partners are earnestly interested in the ownership and management of the joint venture. So they keep a close eye on the articles of incorporation, changes of business environment, conflict resolution methods, transparency of accounting and other financial matters. When a multinational corporation (MNC) is involved in the joint venture, conflicts over management strategies, marketing and other issues take place more often than not between the MNC and local partners. We have to pay attention to joint ventures, particularly, in China and North Korea. As witnessed in other transition economies, China is eagerly bringing in foreign direct investments for the development of nation's economy. China encourages foreign investors to establish ordinary joint ventures, contractual joint ventures, solely invested foreign capital companies and jointly operated development companies with local partners. In North Korea, however, joint ventures have a different meaning like contractual joint ventures in China, in which North Korean partners have an initiative in the management. Rather, jointly operated companies or simply processing-for-wage companies are recommended in view of the unpredictable legal infrastructure in North Korea.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.28 no.6
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• pp.1607-1621
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• 2018

The financial industry, which guarantees a credible transaction and can not permit forgery of its transaction information, has hitherto adhered to a traditional centralized ledger management method. However, the blockchain technology has a decentralization which has been regarded as unsafe for the time being, and the more reliable transaction agreement and data integrity are guaranteed The world's financial industry and the IT world is causing the wave. Nevertheless, the inherent characteristics of the blockchain, such as the irreversibility of block information within a blockchain and the sharing of blocks between blockchain participants, can not avoid conflicts with the privacy laws. The purpose of this study is to investigate the problems related to deletion and the third party supply of personal information by focusing on these characteristics of the blockchain and to suggest the technical alternatives of the applicable blockchain and the improvement direction of the personal information protection law for using of blockchain technology.

• Journal of Arbitration Studies
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• v.26 no.4
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• pp.151-179
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• 2016

Emerging as a strategic domain of the service industry, the drone logistics industry is evolving into a zero effort industry, which realizes smart device service ranging from corporate services to daily customer services. The role of the drone industry is becoming increasingly important in strengthening national competitiveness, as well as corporate competitiveness, beyond the strengthening of product competitiveness. Although drones have various strengths and weaknesses for industries, there are plenty of possibilities for diverse disputes and conflicts due to lack of related laws, regulations, and institutional norms, as well as unsolved problems related to technologies and operations; that is, there are still policy tasks and problems to be solved such as unauthorized seizure of drones, hacking, protection of personal privacy, safety concerns, regulation and limitation of flying areas, damage relief, and dispute settlements. Thus, in order to vitalize the drone industry as a future growth engine while responding to the changes in the environment of the drone industry in Korea and overseas and to strengthen national and corporate competitiveness by harmonizing with advanced management innovations, it is necessary to conduct in-depth discussions and review policy issues related to the vitalization of the drone industry. Therefore, the purpose of this study is to review the domestic and overseas realities and statuses of the drone logistics industry and application cases, analyze policies regarding the drone logistics industry of each country, review general theories on the solution of disputes arising out of the transactions in the drone logistics industry, and, as a conclusion, suggest desirable policy issues for the vitalization of the drone logistics industry in Korea.