• International Journal of Computer Science & Network Security
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• 제22권1호
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• pp.300-304
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• 2022

The central feature of a digital society is the presence of a significant volume of digital services. The main research-analytical goal of the work is to identify the characteristic features of digital services, to classify and compare various types of digital services, to study the main levers for the development of digital services, the principal determinants of the observance and implementation of digital rights, to identify the dominant threats regarding the violation of digital rights, to analyze the features of legal relations that arise between the supplier and the consumer of digital technologies, consider the available taxation options for the digital economy. The work uses the following methods and research methods: hermeneutic, forecasting, in particular, extrapolation, analysis and synthesis, comparative. Research results: the definition of the concept of "digital service" is given, its main characteristics and types, according to the level of digitalization, the states-leaders are identified, slowing down, promising and problematic, the main triggers of slowing digitalization in some EU countries are investigated, by analyzing the regulatory legal acts of the European Commission on digitalization the strategy of the EU's actions to increase the degree of digitalization was determined, the positive and negative effects of digital services concerning the observance of human rights and freedoms were highlighted, the issue of levying taxes from digital companies was investigated.

• 의료법학
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• 제8권2호
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• pp.291-328
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• 2007

Under the present law, a medical corporation has the legalistic character of a noncommercial corporation and its commerciality is restricted by public service. In a recent precedent, however, a judgment has considered the service part in medical practice. The tendency of a precedent is that both commerciality of a medical institution and medical corporation are allowed to be pursued under fundamental order-observance. This change is found in china and india, which consider a medical service as national industry. In the case of ours, the now government demonstrate the industrialization or the market of medical service through promotion of commerciality of a medical corporation. This paper deal with the meaning of a medical corporation and the present condition of medical market under the present law and recommends a tendency of law policy through study of foreign's and our precedent for commerciality of medical advertisement and medical corporation.

• 해양환경안전학회지
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• 제8권2호
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• pp.1-8
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• 2002

Government is willing to abolish half of whole administration regulations and put emphasis to improve them. There was criticism that taper by bureaucracies' form and interest group's repulsion does not reach here upon in spite of these result. Therefore, need to ready diversified regulation adaptation administration countermeasure so that can observe because propel regulation innovation until now continuously and people, corporation, public official understand definitely contents of regulation. Contents of question regulation awareness about regulation adaptation and degree. On the basis of Question investigation about persons concerned of leisure safety law and wish to grasp observance degree, and produce synthetic Contents and field conformity degree, and draw solution plan of reformable item in leisure safety law and present development direction of leisure safety law.

• 무역상무연구
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• 제43권
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• pp.3-23
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• 2009

The meaning of Good faith is honest intent to act without taking an unfair advantage over another person or to fulfill a promise to act, even when some legal technicality is not fulfilled. The term is applied to all kinds of transactions. According to the CISG only regulated Art. 7. that is in the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade (1) and questions concerning matters governed by this Convention which are not expressly settled in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the law applicable by virtue of the rules of private international law (2). In the other hand PICC is related to the good faith and fair dealing, each party must act in accordance with good faith and fair dealing in international trade (1) and the parties may not exclude or limit this duty (2). Good faith of PECL is these principles should be interpreted and developed in accordance with their purposes. In particular, regard should be had to the need to promote good faith and fair dealing, certainty in contractual relationships and uniformity of application. Further more regarding to the good faith and fair dealing, same to the PICC regulations.

• 한국중재학회지:중재연구
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• 제19권1호
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• pp.147-169
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• 2009

This paper deals with disputes incurred from the CISG provisions in relation with the conformity of goods with a view to finding the general way of approach made by the court and arbitration tribunal in the case laws for the interpretation of CISG based on 6(six) cases thereon. Throughout this study, it has been noted that the German Supreme Court devoted most in creating the general principle of CISG interpretation in relation with national compulsory law of regulation applicable on the conformity of goods. It was New Zealand mussels case in which the German supreme court decided that the exporting country's compulsory law of regulation would be applied in determining the conformity of goods. Furthermore, German supreme court added that CISG does not place an obligation on the exporter to supply goods, which conform to all statutory or other public provisions in force in the import state unless the same provisions exist in the export State as well, or the importer informed the exporter about such provisions existing in the import state, or the exporter had knowledge of the provisions due to special circumstances. It is stipulated in CISG that the goods conform with contract if they are fit for the purpose for which goods of the same description would ordinarily be used. When questions arise concerning matters governed by the CISG that are not expressly defined in the CISG, the question is to be settled in conformity with general principles on which the convention is based. Only when such a general principle cannot be found may the tribunal turn to other sources such as UNIDROIT Principles, Principles of European Contract Law and Lex Mercatoria, etc. Interpretation of CISG should be autonomous, in the sense that it should not depend on principles and concepts derived from any national legal system. Even where a CISG rule is directly inspired by domestic law, the court should not fall back on its domestic law, but interpret the rule by reference to the CISG with a view to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade.

• International Journal of Safety
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• 제9권1호
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• pp.30-34
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• 2010

A big difference is seen in the perception of self-responsibility concerning safety, as a result of my survey on the safety measures taken in the pipeline construction at workers level between Japan and Indonesia. Specifically, when an accident occurs, a worker in Indonesia will think that the responsibility depends on the person who causes it. However a worker in Japan will think that safety is can only be protected by law and regulations. There is also another difference in the understanding of construction period. It is alright in Indonesia to take 5 times longer period than it takes in Japan if the cost is less. The idea of punctual delivery is very strong in Japan. Through this survey, points which construction industry in Japan could learn from Indonesia came to surface. In addition, over the recent years, several nasty accidents at Japanese sites were caused due to human error to disregard the law. Japanese should arouse the awareness of self-responsibility in this regard. Risk management should be upon self-recognition of each individual worker in both countries. What is important is the "work attitude education", "to grow sense of self-responsibility by thinking on one's own for one's self" in the education curriculum of man to man learning as in technical educational program.

• 한국심리학회지 : 문화 및 사회문제
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• 제9권1호
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• pp.67-79
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• 2003

본 논문에서는 한국인들의 법 불신, 법 경시와 준법의식이 희박하고, 법을 지키지 않는 행위의 이유에 대해 논하고자 하였다. 한국인들이 이러한 법감정 내지 법의식의 심층적인 근원에는 인간관계와 정리(情理)가 규범이나 법질서에 대한 적용을 어렵게 하는 사적논리와 공적논리의 갈등, 죄지은 자에 대한 평가나, 범법행위의 단죄에 대한 한국인의 독특한 사고방식이 자리잡고 있다고 할 수 있다. 이러한 추론을 가능하게 하기 위해, 본 논문에서는 동양과 서양이 정의와 도덕을 규정하는 방법에서 차이가 있고, 단순히 한국인들이 약속을 잘 지키지 않으며, 거짓말을 잘하는 부도덕한 국민이기 때문에 준법의식이 약한 것이 아니라, 한국인의 법의식에 내재한 사적 논리 중심적, 정리 중심적 심리 때문에 법이 잘 지켜지지 않는다는 것을 비교문화적인 선행연구들과 국내의 논문들을 통해 밝혀보고자 했다.

• 무역상무연구
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• 제25권
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• pp.243-266
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• 2005

Product liability is becoming a real issue to exporters, manufacturers world wide. The purpose of this study is to examine the product liability of Korean exporters, manufacturers, etc. under Product Liability Laws and Regulations of China. For this purpose, firstly we deal with the Product Liability Laws and Regulations of China. Secondly we analyze the case study concerning the Product Liability in China. From the analysis of case study, Korean exporters, manufacturers, etc. are required to pay close attention to the following : the correspondence of English with Chinese in the warning phrases, the possibility of application of strict global standard in case of existence of product liability, the proper treatment of evidence in the process of litigation, the application of strict liability and the shift of responsibility for evidence on to a defendant, the observance of procedures prescribed by the country in design and manufacture of the product, the manufacture of product to come up to country standard in quality, the consideration of diverse expression in the preparation of warning sign, the importance of quality control and inspection system in case of local procurement of parts and raw materials, Finally, this paper contributes to help the Korean Exporters, Manufacturers, etc. to build up the proper countermeasures regarding product liability under the product liability regulations of China.

• 한국의류산업학회지
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• 제13권4호
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• pp.499-510
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• 2011

The response of the adolescents toward school uniform regulations according to personal character and clothing needs was studied. To carry out this experiment, questionnaires were administered to 514 students in middle and high schools in Seoul and Gyeonggi-do. The collected data were analyzed with Factor analysis(Varimax rotation), Cronbach's ${\alpha}$, Frequencies Statistics, t-test, ANOVA, and multiple regression analysis using the SPSS WIN 15.0. By surveying on actual condition of uniform regulation in school, it was found that the existing uniform regulation was unnecessarily strict and caused stress leading a negative educational effect. Based on the relationship among the degree of regulation, stress, and student attitude toward school uniform regulation, stress and negative attitude to uniform regulation increased as the degree of regulation increased, resulting in an decrease in observance behavior of students. Since the stress from the school uniform regulation can be reduced by establishing rational law, which induced voluntary conduct of student to obey, it is important for student to participate in establishment of adoptable and reasonable school uniform regulation law.

• 무역상무연구
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• 제62권
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• pp.135-178
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• 2014

The Uniform Commercial Code (UCC) sets the standards of good faith in a commercial transaction for the sale of goods. With every sales contract, there is an implied obligation for both the seller and the buyer to negotiate the contract and perform under the terms of the contract in good faith. The agreement between both parties and the customs in the industry determine how the good faith standard should be applied to a particular transaction. Generally, the meaning of good faith, though always based on honesty, may vary depending on the specific context in which it is used. A person is said to buy in good faith when he or she holds an honest belief in his or her right or title to the property and has no knowledge or reason to know of any defect in the title. In section 1-201 of the UCC good faith is defined generally as "honesty in fact in the conduct or transaction concerned." Article 2 of the UCC says "good faith in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade." The sales contract will generally determine which party is required to perform first. This provision helps to determine if the buyer or the seller is in breach of the agreement due to failing to perform as stated by the contract. Either the seller must deliver the items before the buyer is required to accept and pay or the buyer must pay for the items before the seller has the duty to act in good faith and deliver the items in a reasonable manner. If the contract does not specifically define who is required to perform, industry customs and fair trade may determine what is acceptable for the transaction. Under the UCC, the buyer is required to pay for the goods when they are delivered, unless the contract states otherwise. Therefore, the UCC imposes an obligation of good faith on the performance of every contract or duty under its purview. The law also generally requires good faith of fiduciaries and agents acting on behalf of their principals. This article discusses problems of the principles of good faith under the UCC. Specifically, this paper focuses on the interpretation of UCC sections and analysis of various cases. By comparing, also, UCC and Korean law, the paper proposes some implications of good faith issues for Korean law.