• Title/Summary/Keyword: Legal Compliance

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Correlation among knowledge of safety, compliance with safety rules, and ability to cope with emergency situations of scuba divers (스쿠버 다이버의 안전지식, 안전수칙 준수와 응급상황 대처능력의 관계)

  • Park, Hong-Cheol;Cho, Keun-Ja
    • The Korean Journal of Emergency Medical Services
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    • v.19 no.1
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    • pp.35-49
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    • 2015
  • Purpose: This study aimed to identify the current status and correlations among scuba divers' knowledge of safety, compliance with safety rules, and ability to cope with emergency situations. Methods: There were 317 study subjects. Data were collected between September 21, 2012 and September 7, 2013, and analyzed using SPSS software version 21.0. Results: Of the participants, 89.3% wanted to be educated in emergency care, while 69.4% indicated that preparedness in emergency situations for divers is insufficient. 78.5% suggested a need to creat a legal standard for the prevention of accidents. The average scores among the participants showed 3.22 points for knowledge of safety, 3.09 points for compliance with safety rules, and 2.91 points for ability to cope with accidents and emergency situations, with strong correlation among them. The lower license level they had, the lower score they indicated. Conclusion: We suggest there is a need to strengthen systematic educations on knowledge of safety, compliance with safety rules, and the ability to cope with emergency situations and emergency care at the open water level. In addition, there is a need to creat legal standards to consolidate the effects of these changes.

A Study on A Model of Convergence Security Compliance Management for Business Security (기업 보안을 위한 융합보안 컴플라이언스 관리 모델에 관한 연구)

  • Kim, Minsu
    • Convergence Security Journal
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    • v.16 no.5
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    • pp.81-86
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    • 2016
  • Recently, increasing security threats are not only interfering with business continuity of companies but they are al so causing serious problems on social and national levels. As violation of intellectual property rights increases due to growing competition between different companies and countries, companies are now required to follow various IT compliance regulations, under relevant legal obligations. This study proposed a model of convergence security compliance management by using machine learning, in order to help companies actively utilize IT compliance.

The Importance of Qualitative Approach to Managing the Regulatory Lag of Convergence New Products: Focusing on the Certification of Compliance of New Products of Industrial Convergence (융합 신제품 규제 시차 관리를 위한 정성적 접근의 중요성: '산업융합 신제품의 적합성 인증제도'를 중심으로)

  • Kim, Hyung-Jin
    • Informatization Policy
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    • v.29 no.3
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    • pp.26-47
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    • 2022
  • "The certification of compliance of new products of industrial convergence" (hereinafter referred to as "certification of compliance") is a legal certification system in accordance with the Industrial Convergence Promotion Act through which a convergence new product can be officially certified without legislation when the certification standards applicable to the product are not yet provided. Unlike other certification systems, the certification of compliance is characterized by the role of resolving the certification difficulties driven by the regulatory lag of convergence new products. Nevertheless, studies that analyzed the certification of compliance in detail from the viewpoint of regulatory improvement were surprisingly rare. Through the sequential matching of the steps of certification of compliance with the process from the occurrence of a regulatory problem to resolution, our study provided clear understanding as to how the regulatory lag could be reduced by the procedure for certification of compliance. Furthermore, we divided the perspective on regulatory lag management into quantitative and qualitative, and the structures and practices of certification of compliance were then analyzed from the two perspectives. By doing this, the present study emphasized that the fundamental reason the certification of compliance could effectively solve the regulatory lag problem of convergence new products was not only the quantitative elements such as legal deadlines for each step but also several qualitative approaches to securing the quality of every stage.

The Improvement Plan for Personal Information Protection for Artificial Intelligence(AI) Service in South Korea (우리나라의 인공지능(AI)서비스를 위한 개인정보보호 개선방안)

  • Shin, Young-Jin
    • Journal of Convergence for Information Technology
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    • v.11 no.3
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    • pp.20-33
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    • 2021
  • This study is to suggest improvements of personal information protection in South Korea, according to requiring the safety of process and protection of personal information. Accordingly, based on data collection and analysis through literature research, this study derived the issues and suitable standards of personal information for major artificial intelligence services. In addition, this cases studies were reviewed, focusing on the legal compliance and porcessing compliance for personal information proection in major countries. And it suggested the improvement plan applied in South Korea. As the results, in legal compliance, it is required reorganization of related laws, responsibility and compliance to develop and provide AI, and operation of risk management for personal information protection laws in AI services. In terms of processing compliance, first, in pre-processing and refining, it is necessary to standardize data set reference models, control data set quality, and voluntarily label AI applications. Second, in development and utilization of algorithm, it is need to establish and apply a clear regulation of the algorithm. As such, South Korea should apply suitable improvement tasks for personal information protection of safe AI service.

A Case Study on Complying Requirements of the Description of the Goods in Documentary Credit Transactions (화환신용장거래에서 물품명세의 일치성요건에 관한 사례연구)

  • Kim, Jong-Chill
    • International Commerce and Information Review
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    • v.10 no.3
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    • pp.239-261
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    • 2008
  • Documentary credit transactions are judged by the principle of strict compliance. The compliance of the tendered documents with the credit's teams ensures the proper completion of the underlying transaction. But if the documents tendered by beneficiary differ, a discrepancy of documents occurs. Such a discrepancy raises difficult problems for the bank to which the documents are tendered. It has to decide whether to reject or accept them or to accept them under a protective mechanism. Therefore, this study is to examine the case study of complying presentation of the description of the goods in documentary credit through the Korean Supreme Court Cases. The objectives of this paper are as follow : 1. To examine two point of views on document compliance such as strict compliance and substantial compliance. 2. To analyze Korean Case Law which challenges the legal conclusions, standard for examination of documents and New ISBP. 3. To draw out the criterion for conformity and discrepancy of description in invoices and WC and to provide the guidelines for determining the nature and extent of an issuing bank's duty of documentary compliance. 4. Finally to suggest some implications through the Korean case law. By using the examination standards for description of goods suggested in Korean Case Law and New ISBP, the traders will be able to prepare documentation more perfectly and document checkers will be able to examine the negotiation documents more easily.

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A Checklist and Manual Developed to Review Fire Safety Facilities' Compliance with Fire Safety Requirements for Apartment Buildings (공동주택 소방시설 적법성 검토를 위한 화재안전규정 체크리스트 및 매뉴얼 개발)

  • Jeong, Soo-jin;Park, Yoo-na;Kim, Jae-jun
    • Korean Journal of Construction Engineering and Management
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    • v.19 no.6
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    • pp.94-102
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    • 2018
  • Recently, there is a growing need to review compliance with legal requirements to ensure fire safety as the number of fires caused by noncompliant fire safety facilities in high-rise buildings has increased. While there are a large number of apartment buildings in Korea, there is a lack of review on fire safety facilities' compliance with fire safety requirements. The reason for this lack of review despite apartment buildings causing deaths due to their structural features in the event of a fire, lies in the misinterpretation of legal provisions as the Building Act and the Fire Services Act are mixed up; a final inspection when fire safety facilities are unnecessarily installed or missing could result in significant losses in terms of finances and time. Therefore, this study developed a checklist that makes it possible to review mixed-up legal requirements for fire safety facilities simultaneously, and examined the importance and current level of each item through IPA (Importance Performance Analysis). Based on these results, this study intends to develop a manual that considers its applicability to construction practices and contribute to reducing construction companies' fire safety inspection risks.

Honour and Dishonour Relating to the Fraud and Forgery in Letter of Credit Transactions (신용장거래에서 사기 및 서류위조에 따른 지급이행과 지급거절에 관한 고찰)

  • Kang, Won-Jin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.49
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    • pp.139-164
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    • 2011
  • Traditionally courts have been adopted over the years two standards of dealing with compliance of documents such as strict compliance and substantial compliance and the substantial compliance, which was somewhat less demanding than the strict compliance. However the new guidelines of ICC's international standard banking practice for the examination of documents under documentary credits set up how the UCP is to be applied in practice. The payment obligations of an issuing bank to a beneficiary are independence of the performance or the nonperformance of any contract underlying the letter of credit. However, strictly applying the principle of independence and abstraction could produce unfair results by operating unjustly enrich an unscrupulous beneficiary in case of fraud. Accordingly, when a beneficiary presents complying documents, the issuing bank is bound to honour the presentation unless the fraud rule applies on the facts of the case such as forged or material fraud. If it does, the issuing bank(issuer) needs not pay despite the complying presentation of documents by the beneficiary under the Uniform Commercial Code Article 5-109 and case law in America. However the fraud rule was not addressed in UCP 600. In conclusion, view in terms of legal principle and the court cases is variable and difficult to honour or dishonour the presentation in case of application of the independence principle and fraud rule such as the problems on burden of proof timely, possibility of granting injunction in order to protect against victim for bona fide applicant.

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A Study on the Requirements and Compliance Standard of a Presentation for Demand for Payment under URDG (URDG 하의 지급청구를 위한 제시요건과 그 일치성 기준)

  • Chae, Jin-Ik
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.50
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    • pp.109-136
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    • 2011
  • Bank Guarantee system is commonly used as useful financial instruments to support various overseas and domestic business activities by providing bank guarantees. Therefore, it will be able to develop as a useful socio-economic useful system. However, some procedural problem can arise from the processes under demands for payment. Therefore, it is very important to review the requirements of the demand for payment and compliance standard for the examination of a presentation under the guarantee system. It is necessary to examine main issues under the revised URDG 758. The URDG introduced the same examination principle of "need not be identical to, but shall not conflict with' as that of UCP 600. The main changes of the URDG 758 like this imply the mitigation of the compliance standard for examination. So, This paper is to provide a comparative study of the regulations and laws for the examination standard and propose their implications and practical notes under bank guarantee system. For this purpose, this study will be examined the practical and legal issues focusing on the relative regulations of the revision URDG 758. It will also be reviewed and compared with the URDG, ISP98, UCP 600 and so on.

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Drivers of Corporate Social Responsibility Leading to Sustainable Development

  • Sy, Maria Victoria U.
    • Industrial Engineering and Management Systems
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    • v.13 no.3
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    • pp.342-355
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    • 2014
  • Organizational dedication to corporate social responsibility (CSR) is set off by a number of driving forces, such as enhancing corporate financial performance, concern for the environment, regulatory compliance, and social equity. This article aims to ascertain the uptake of CSR among firms in the Philippines and Thailand leading to the attainment of sustainable development. The results revealed that CSR is carried out by the companies primarily to enhance their competitive advantage and legal compliance, which are deemed essential to the firms' existence. This study seeks to contribute to understanding how companies undertake their operations based on socially responsible practices so that the theoretical conceptualizations of sustainability can be developed. By determining what prods companies to pursue CSR, it will shed light on the mechanism that promotes the existence of sustainable organizations, linking it with CSR and the companies' objectives and strategies.

An Actual Analysis of Web Accessibility of Disaster Response Agencies using K-WAH4.4 (K-WAH4.4를 이용한 재난대응기관의 웹 접근성 실태분석)

  • Lee, Young-Sik;Choi, Chul-Jae;Jang, Jae-Yeol;Choi, Jin-Sik
    • The Journal of the Korea institute of electronic communication sciences
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    • v.10 no.1
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    • pp.149-156
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    • 2015
  • In this paper, the web accessibility of institutions and organizations that are related to disaster response we evaluate analysis. Along with the legal enforcement of Web accessibility, It is because shall comply with web accessibility. we have applied the K-WAH4.4 as an evaluation tool for web accessibility compliance of actual conditions. Look at the degree of compliance with the six detailed procedure of the web site, we request to the improvement of Web accessibility. Based on the guidelines 2.0, looked to the insufficient compliance rate at 61.8%. Then, we propose the need for improvement to enhance Web accessibility.