• Journal of Information Management
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• v.35 no.2
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• pp.87-105
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• 2004

In the print information world, purchasing books in a library includes rights both to own them and to access to them. In an information world, access to electronic resources often takes place within the confines of a license that defines appropriate use over a specified period of time. Most of these electronic resources are governed by license agreements. This paper describes recent licensing issues which remain unresolved in the area of business model, archive, and fair use and also investigates formal evaluation criteria for developing electronic resources in a library. This study provides licensing principles and considerations for managing the licensing of electronic resources.

• Korea Trade Review
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• v.44 no.3
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• pp.137-154
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• 2019

This study analyzes the major provisions of the UK Insurance Act 2015 and Marine Insurance Act 1906 on the duty of disclosure under the doctrine of utmost good faith. Marine insurance contracts are based on "utmost good faith" and one aspect of this is that MIA 1906 imposes a duty on prospective policy holders to disclose all material facts. In the Insurance Act 2015 of the United Kingdom, the contents of the precedent were enacted such that we have borrowed the legal principles of common law until now. The insurer is required to more actively communicate with the insurer rather than passively underwriting and asking questions of the insured. The Act details the insured's constructive knowledge of the 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. This is a default regime, which may be altered by agreement between the parties.

• Informatization Policy
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• v.25 no.1
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• pp.3-29
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• 2018

The Federal Communications Commission voted to repeal net neutrality protections on December 14, 2017. This is the very opposite decision of the net neutrality rule that the Obama administration has consistently maintained. The ensuing storm from the repeal of net neutrality protections has an extensively effect enough on individuals and businesses to cover the entire spectrum, and the impact is hard to assess in the U. S. content industry, which dominates the worldwide Internet content and platform market. On the other hand, Korea's net neutrality protections have been firmly pursued, and there is no sign of change even after the decision happened in the U. S. Net neutrality is not a simple theme that is associated with the Constitution, such as freedom of expression, as well as the issue of network enhancement to prepare for 5G. Accordingly, this study examines how the net neutrality has been carried out in the U. S. and Korea over the years, and provides the issues of Internet enhancement, perspectives of ISP and ICP, and implications for the Constitution, market economy, fair competition and zero rating. This research delivers future direction and implications of domestic net neutrality policies.

• Korean Business Review
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• v.14
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• pp.31-44
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• 2001

The purpose of auditing is to express an auditor's opinion on the fair presentation of the financial position and business operations of companies according to the financial accounting standards, and to raise the reliability of the financial statements and to enable the user of the financial statements to make a proper judgement on the companies. There should be an audit risk in the audit of the financial statements in a modem sense because it is done by the sampling audit not by the detailed one. Audit risk is the risk that an auditor may unknowingly fail to modify appropriately the auditors' report on financial statements containing a material misstatement. The audit risk eventually hurt the reliability of the financial statements when the auditors set up different audit risks because it is determined by the auditor's professional judgement. Thus, there have been negative opinions on the Audit Risk Model suggested in the SAS No. 47 because it cannot explain the process of auditor's judgement and bring different results. In view of the results so far achieved, which influences the auditor's decision making, should be done by the Belief Function Mode Model in a position of raising the reliability of the financial statements and emphasizing the usefulness and effectiveness of the auditing.

• Journal of Arbitration Studies
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• v.28 no.1
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• pp.77-97
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• 2018

The Court of Arbitration for Sport (CAS) has been adjudicating on sports-related disputes since 1984. CAS can be regarded as world supreme court for sports settling down about 4200 cases including doping issues. Doping disputes are generally processed by CAS Appeals division and Anti-Doping Division. An appeal against the decision by sports-related bodies may be filed with CAS Appeals Division. Doping issues concerning Olympic games are on Anti-Doping Division, introduced from 2016 Olympic games and invested with complete authority by IOC. The Award of Maria Sharapova finds a player is responsible if found to have committed any Anti-Doping Rule Violation regardless of his/her intention or fault. It offers detailed jurisprudence on imposing such a specific period of ineligibility in view of the totality of the circumstances. The award of Xinyi Chen also confirms the Strict Liability Rule on anti-doping disputes. The player appealed there could be either accidental contamination of drinks, or doping laboratories' mistakes that affected the test results. But, all of them were rejected. Though dealing with doping disputes in a timely manner is important for seasonal sports events like Olympic games, it is necessary to prepare the acceptable and fair process for the players in the future.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2008.11a
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• pp.505-508
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• 2008

It's hard to express a lot of information within the drawings and the specifications as construction projects have gradually become large-size and complex. So, disputes are caused by that and reason that the usual practice(culture) of contract of the constructions in Korea is based on unfair rather than the fair principle between clients and contractors. However, the contractors don't try to solve this kind of things because they are worried about at their disadvantage situation. Therefore, this paper deduced the factors in the pre-dispute phase by analysing the cases of the civic counseling in the office of supply and the pre-dispute factors, and conduct analysis on the factors' importance by using AHP. The results will be used for a check-list to prevent the disputes.

• The Journal of the Korea Contents Association
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• v.13 no.12
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• pp.212-220
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• 2013

This study analyzed the effect of fairness of personnel management systems of public organizations on job satisfaction and job performance. For hits, satisfaction, problems, and improvements of personnel management systems were investigated targeting 4 personnel management systems which are being operated in Chungcheongnam-do and analyzed the correlations between job satisfaction and job performance with it. Personnel fairness has the positive effect on job satisfaction and performance of public servants. When personnel management is done by considering career, degrees of work difficulty, and efforts, job satisfaction and performance can increase. This shows that fair personnel management plays the important role in organizations and employees' morale. As the various personnel management systems are being operated in Chungcheongnam-do, the fact that personnel management of public servants is done according to objective evaluation materials and procedures with the same principles should be recognized.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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• pp.239-273
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• 2009

Marine insurance contracts, which intended to provide indemnity against marine risks upon the payment of a premium, originated in Northern Italy in the late 12th and early 13th centuries. The law and practice of Italian merchants were later introduced into England through Lombard merchants. It is, therefore, quite exact that English and Continental marine insurance law have common root. Nevertheless, some significant divergences between English and Continental marine insurance systems occurred since the late 17th century, mainly due to different approaches adopted by English courts. The rule of warranty in English marine insurance was established in the second part of the 18th century by Lord Mansfield, who laid the foundations of the modern English law of marine insurance and developed different approaches, especially in the field of warranty in marine insurance law. Since the age of Lord Mansfield, English marine insurance law has developed a unique rule on warranty. Bearing in mind the realities of the 18th century, it could easily be understood why Lord Mansfield afforded such a strict legal character to marine warranties. At that time, the 'promise' given by the assured, played an important role for the insurer to assess the scope of the risk. Legal environments, however, have changed dramatically since the times of Lord Mansfield. Of course, it is still important that the assured keep his promises to the insurer under the insurance contract, which is based upon utmost good faith. Nevertheless, the remedy of automatic discharge from liability, regardless of existence of a casual link between the breach and loss seems harsh in the realities of the 21st century. After examining the warranty regime adopted by the German and Norwegian hull clauses, it is fair to say that they provide a more equitable approaches for the assured than does English law. Therefore, this article suggests that English warranty regime needs overall reform and it is time to reform.

• The Journal of the Korea Contents Association
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• v.7 no.8
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• pp.199-206
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• 2007

Capital gain comes from the transfer gain which is occurring by transferring assets except inventory assets. Our government recently has made capital gain tax on real estates and imposed as classified income tax by including it into aggregate income so that provide function of tax and curb property speculation. However the present income tax law imposes capital gain tax on capital profit including real estate and securities, while this law and the special tax treatment control law implement non-taxation and tax exemption too widely. That is to say, the system of capital gain tax can hinder the fair tax because it has various exemption terms including the non-taxation principle on a house for a family and the special tax treatment law. And also it has a problem in the sense of equity because it imposes tax by progressive tax rate on the subjects of capital gain tax considering them as the profit of that year, which were transferred, so there is difference between the income which has been made for a long time and the income made for a short time even in the same capital gain. Therefore this study identifies some issues surrounding the present capital gain tax system and focuses on presenting reasonable development plan.

• Informatization Policy
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• v.19 no.3
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• pp.3-18
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• 2012

Constitutional issue of economic order has fiercely been disputed around the world and through the ages. In Korea, there also has been endless argument on to what extent the government should intervene in the economy through regulation. Article 119 of the Constitution of the Republic of Korea has its basis on the principle of free market economy, exceptionally allowing the government to intervene and coordinate in certain situations. The Constitution empowers the government with the authority of regulation and coordination to execute the Constitutional value of guaranteeing and securing fundamental human rights. Therefore, the government, as a fair and just mediator, should perform its mission to democratize the economy as well as secure market freedom and creative initiative.