• 한국IT서비스학회지
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• 제13권3호
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• pp.149-164
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• 2014

The laws and policies governing Korea's game regulations are becoming more and more topics for debate as we enter the Age of Internet. The nature of the basis for Internet regulations and policies are not rooted in freedom of speech or fundamental values of democracy, but rather focused on solving real-world problems such as protection of the youth. Furthermore, the reality is that regulatory devices for keeping the social order such as regulating gambling are being applied directly to games without consideration on the characteristics of Internet gaming, raising concerns that the expansion of constitutional values and innovative empowerment inherent to the Internet are being weakened. The Geun-Hye Park Administration which succeeded Myung-Bak Lee's Administration, even went so far as to implement the so-called "Shutdown Policy", which prohibits access to Internet games during pre-defined time zones and also instigated a time zone selection rule. In order to curb the gambling nature of Internet games, government-led policies such as the mandatory personal identification and prohibition of player selection or in other words mandatory random player selection are being implemented. These institutions can inhibit freedom of speech, which is the basis of democracy, violate the right of equality through unreasonable discrimination between domestic and foreign service providers, and infringe upon the principles of administrative law, such as laws, due process in policies, and balance in among policies and governmental bodies. Going forward, if Korea's Internet game regulations and polices is to develop in a rational manner, regulatory frameworks will need to be designed to protect the nature of the Internet and its innovative values that enable the realization of constitutional values; for example, the Internet acting as the "catalytic media for freedom of expression as a fundamental human right ", which has already been acknowledged by the Korea's Constitutional Court. At the same time, transparent procedures should be put into place that will allow diverse participation of stakeholders including game service providers, game users, the youth and parents in the legislation and enforcement process of regulatory institutions; policies will also need to be transformed to enable not only regulatory laws but also self-regulation system to be established. And in this process, scientific and empirical analysis on the expected effects before introducing regulations and the results of enforcing regulations after being introduced will need to be strengthened.

• 한국신뢰성학회지:신뢰성응용연구
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• 제17권4호
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• pp.362-369
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• 2017

Purpose: Recently, the government of China has established new safety regulations for towing devices. The new Chinese regulation has more unfavorable conditions than the conditions of other countries. So the various measures have been reviewed to satisfy this regulation. Methods: The regulation conditions were compared through analysis of strain energy, and a method for improving the accuracy of analysis is suggested. In addition, the test method considering the tolerance is presented through tolerance analysis. This paper also explained importance of confirming the quality of products through a case of poor quality of Chinese products such as poor heat treatment. Result: We could know how strong Chinese regulations are stronger than other national laws and investigated which member receives a lot of strain energy. In order to cope with these Chinese regulations, we suggested improvement of analysis accuracy, test method through tolerance analysis, and heat treatment quality. Conclusion: This paper contributed to general counterplan of the strengthened new Chinese regulations for towing device.

• 의료법학
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• 제15권1호
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• pp.165-181
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• 2014

Advertisements and labels provided by businesses are highly likely to contain false or exaggerated content because of the business's purposes. In these cases, it is difficult to deliver proper information to consumers, and regulation is necessary to some extent. In particular, information delivery is more important in the health medical and biotechnology areas than any other because of their specialized characteristics. The Fair Labeling and Advertising Act regulates ordinary content for labels and advertisements, while individual laws stipulate regulations for false or exaggerated advertisements and labels. Criminal law might apply in fraud cases depending on their characteristics. Therefore, consistency is needed among criminal fraud laws and regulations, the Act on Fair Labeling and Advertising, and legal punishment. However, a review of all these laws found that there is no such consistency. Accordingly, this paper asserts the need for improvement in this area.

• 한국중재학회지:중재연구
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• 제25권2호
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• pp.49-70
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• 2015

There are three categories of arbitration - domestic arbitration, foreign-related arbitration and foreign arbitration. Although the meaning of foreign arbitration and International Commercial Arbitration is different, they are used to mean the same in practice. In fact, there is significant controversy about the meaning of non-domestic arbitration because it is too difficult to distinguish between non-domestic arbitration and domestic arbitration. In the Chinese arbitration system, there are two main laws,Chinese Arbitration Law and Chinese Civil Procedure Law. Chinese Arbitration Law regulates the internal matters, while Chinese Civil Procedure Law regulates the external legal regulations. After the 2012 revised Chinese Civil Procedure Law, a number of laws and regulations have been revised, and almost every Arbitrations Rules have been revised, and will be in effect in 2015. Depending on the nationality of arbitration, the applicable laws will be different. The nationality of arbitration is so important that this paper will pay more attention to it. Although the case in China has no precedent effect, it is so important to the parties that this paper will address it. This paper will analyze the process and the cases of the recognition and enforcement of the award system in China.

• 아태비즈니스연구
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• 제12권1호
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• pp.165-182
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• 2021

Purpose - The purpose of this study is to compare and analyze the ordinances of other local governments to propose implications and improvement plans for the ordinances of Chuncheon City. To this end, cases of overseas legislation related to youth labor rights, domestic laws and major policies of the central government were reviewed. Design/methodology/approach - This study mainly utilized literature research methods. In addition, it was based on foreign laws and case analysis, domestic laws and ordinances, and preceding research and data related to government policies. Findings - Chuncheon city ordinances are superior to those of other local governments. However, the details of the establishment of the implementation plan, the actual condition survey, and the establishment of the consultation system are included in the project contents of Article 6, so it is not concrete and clear. And there were no articles related to the labor environment check. Research implications or Originality - It is proposed to make the contents of the establishment of an implementation plan, survey, and consultation system as independent provisions. It is also proposed to establish a new article related to the youth labor environment check. In addition, it is desirable to establish detailed regulations by establishing the ordinance enforcement regulations.

• 한국소음진동공학회:학술대회논문집
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• 한국소음진동공학회 2005년도 추계학술대회논문집
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• pp.25-32
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• 2005

In China, environmental noise policies are composed of correlated laws adopted by the Standing Committee of the National People's Congress and promulgated by the President of the country, regulations promulgated by the State Council and/or local government, standards issued by the Standardization Administration Committee (SAC) under the State Council. The laws mainly include the 'Environmental Protection Law' and the 'Law on Prevention and Control of Pollution From Environmental Noise' Regulations are often applied to a special noise pollution phenomenon of wide influence. They are generally only effective in a given area and/or a specific period. Tens of correlated standards specify the noise level limits of different functional zones of land use and of different equipment, machines, devices, appliances etc., and the measurement methods. In this presentation, a brief introduction to these policies and their operations is given and discussed. The conclusion is that the policies supply an effective legislative basis for environmental noise prevention and control in China, but still a lot of work should be conducted and completed to strive for a quiet society.

• 무역상무연구
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• 제77권
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• pp.23-42
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• 2018

This study compares the SGA and CISG to find out the difference of the criteria for calculating damages. and it intends to give some important points in trade practice. The damages is intended to compensate the victim for the breach of contract but there are differences between SGA and CISG as follow. First, the SGA and CISG have the same purpose of claiming damages. Both laws and regulations are subject to a full indemnification to compensate for the breach of the contract by the amount equivalent to the loss suffered by the victim. Second, in the general principle related to the calculation of damages, both law enforcement officials are required to be able to predict damages caused by breach of contract. In the case of SGA, however, a foreseeability test or remoteness of damages is required for the relationship between the contract violation and the loss. In other words, it can be said that the causal relation between the contract violation and the damage is strictly applied rather than the CISG. Finally, both laws and regulations of SGA and CISG have a big difference in criteria for calculating damages. In the CISG, after the contract is canceled, it is classified according to the existence of the alternative transaction and the damage amount is calculated based on the contract price. On the other hand, the SGA estimates the loss based on the market price at the delivery of the goods, reflecting the change in the market price instead of the contract price of the goods.

• 한국컴퓨터정보학회논문지
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• 제21권3호
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• pp.105-111
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• 2016

Circulating various pieces of unlawful information that violate the law by leaking personal information or circulating violent/sexual materials or malignant programs in the cyberspace is unlawful, and blocking this beforehand is an important duty of the state. Preceding discussions on the legal restriction of unlawful information in the cyberspace have mostly been focused on the criminal responsibilities and civil responsibilities of information communications service providers, but this study has approached it with emphasis on the issue of police responsibility for the exercise of police authority to block unlawful information. It is because the principles of police responsibility to determine the target of police authority to block unlawful information provide the standards for the interpretation of existing laws and regulations and function as legislative principles for the enactment of new laws and regulations to prevent risks in the cyberspace.

• 한국중재학회지:중재연구
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• 제22권3호
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• pp.165-185
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• 2012

Franchising has proved over many years to be a successful commercial vehicle for the international distribution of products and services. However, there has long been missing a user-friendly model contract that would reflect the diversity of international franchising contracts. Because the ICC has drafted a model form of international franchising contracts, taking into account the most commonly encountered clauses in franchising agreements, their model could be used as a checklist of the core obligations of a cross-border franchise contract. Because there is no internationally agreed-upon uniform legislation on franchising, parties must rely on national laws and regulations applicable to the international franchise (when such laws and regulations exist) and should therefore very carefully draft stipulations for the legal status of the contract. This study has been intended to cite some provisions for striking a fair balance between the interests of the franchisor and those of the franchisee and for avoiding unfair trade acts in international franchising contracts.

• Journal of Contemporary Eastern Asia
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• 제17권2호
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• pp.237-253
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• 2018

In order to understand China's internet governance, this paper examined 1,931 Internet policies of China by bibliometric techniques. Specifically, the bibliometric techniques include simple document counting, co-word analysis, collaboration network analysis and citation analysis. The findings include: (1) China's Internet legislations mainly emphasized e-commerce and Internet governance, and, to some extent, neglected personal data protection; (2) China's Internet is under intensive multiple regulatory controls by central government. A large number of government agencies are involved in Internet policy-making. The Propaganda Department of the Central Committee of the Communist Party of China and the State Information Leading Group of the State Council, enforced fewer policy documents, but occupy higher positions in the Internet governance hierarchy; (3) China's Internet legislation system is primarily composed of industry-specific administrative rules, rather than laws or administrative regulations. Nevertheless, laws and administrative regulations received significantly more citations owing to their superior force. This paper also discussed current gaps in China's internet governance and how the country's internet policies are situated in the broader global context.