• Title/Summary/Keyword: Legal Compliance

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A Study on Web Accessibility Status of Metropolitan and Provincial Offices of Education from the Universal Design View (유니버설 디자인 관점에서 본 국내 시도 교육청의 웹 접근성 실태에 관한 연구)

  • Seo, Mi-Ra
    • Journal of Digital Convergence
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    • v.11 no.5
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    • pp.405-410
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    • 2013
  • Due to the enforcement of a law about disability nondiscrimination and rights protection in 2008, the web accessibility has become an obligation. According to a survey targeting public sectors such as central administrative organization, local autonomous entity and etc., the level of compliance with web accessibility appeared to be improved every year. However, such legal mechanism focuses on the improvement of convenience for disabled people only and does not meet the concept of universal design that aims to satisfy every user. Therefore, this study verifies the status of web accessibility on 17 homepages of metropolitan and provincial offices of education. The status survey was carried out with 3 steps: 1) Verification through automated verification tool by National Information Society Agency, 2) Verification through Web Content Accessibility Guidelines(UD-WCAG) that adopts the concept of universal design, 3) Verification by using screen reader. Compared to the verification through automated verification tool, the overall compliance rate verified through UD-WCAG was reported lower.

How Compliant are Tobacco Vendors to India's Tobacco Control Legislation on Ban of Advertisments at Point of Sale? A Three Jurisdictions Review

  • Goel, Sonu;Kumar, Ravinder;Lal, Pranay;Tripathi, J.P.;Singh, Rana J.;Rathinam, Arul;Christian, Anant
    • Asian Pacific Journal of Cancer Prevention
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    • v.15 no.24
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    • pp.10637-10642
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    • 2015
  • Background: Section 5 of India's tobacco control legislation "Cigarettes and Other Tobacco Products Act (COTPA), 2003"comprehensively prohibits all kinds of tobacco advertisement, promotion and sponsorship (TAPS), but permits advertisments at the point-of-sale (POS) under certain conditions. This provision has been exploited by the tobacco companies to promote their products. Objective: To measure compliance with the provisions of Section 5 of Indian tobacco control legislation (COTPA, 2003) at point of sale. Materials and Methods: A cross-sectional survey using an observation checklist was conducted in 1860 POS across three jurisdictions (Chennai city, District Vadodara and District Mohali) in India. Results: The most common mode of advertisement of tobacco products was product showcasing (51.1%), followed by dangles (49.6%), stickers (33.8%) and boards (27.1%). More than one fourth of POS were found violating legal provisions for displaying advertisement boards in one or other forms (oversized, extended to full body lenth of POS, displayed brandname/packshot and promotional messages). Advertisement boards (16.3%) without health warnings were also found and wherever found, more than 90% health warning were not as per the specification in respect to size, font and background color. Conclusions: Point of sale advertising is aggressively used by the tobacco industry to promote their products. There is an urgent need of effective implementation of a comprehensive ban on tobacco product advertisement, promotion and sponsorship at point of sale.

A Study on the Application of Principle of Good Faith in L/C Base Transaction (신용장(信用狀) 거래(去來)에 있어 신의성실(信義誠實) 원칙(原則)의 적용(適用)에 관한 고찰(考察))

  • Shin, Koon-Jae;Kim, Kyung-Bae
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.22
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    • pp.173-197
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    • 2004
  • Letter of Credit between buyer and seller in International Trade Transaction is the means of payment which makes International Trade operate smoothly by guaranteeing an exporter against non-payment and an importer against non-delivery. Therefore, the parties to a sale apply UCP500 established by the International Chamber of Commerce, in accordance with principle of the freedom of contract among the parties concerned, to look to their own legal stability. However, we may recognize some cases to have been applied principle of faith and trust, one of the dominant principles of the civil law, by the Korean Supreme Court and other cases to have not been applied that principle by the Korean Supreme Court. The Court shall apply UCP500 strictly as long as the parties concerned adopt UCP500 in view of the legal stability. In other words, in case that the Court applies principle of faith and trust to the case related to L/C, this rule - principle of faith and trust - should apply to the subject matter which have not stipulated in UCP500 under certain restriction. We suggest keeping in mind points to korean companies as follows; First, the parties to a sale shall understand L/C basis transaction and principles related to L/C deeply. Second, the exporter shall prepare documents in compliance with L/C and fulfil his or her obligation according to UCP500 and L/C related to the contract. Third, as buyer or importer, when he or she receive the shipping documents with discrepancies from the notifying bank, he or she makes him or herself clear to all the parties concerned. Fourth, as bank, she shall examine all the documents according to UCP500 and L/C related to the contract, and if any document with discrepancies, the bank, by all means, shall approach applicant first, and then decide whether to pay the credit amount to beneficiary or not to.

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A Study on Some Problems and the Need for Reform of the Rule of Warranty in English Law of Marine Insurance (영국 해상보험법 상 담보법원칙의 문제점 및 개혁 필요성)

  • Shin, Gun-Hoon
    • 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.

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A Study on PIMS Controls for PII Outsourcing Management under the Cloud Service Environment (클라우드 서비스 환경의 개인정보 위탁을 위한 개인정보보호 관리체계 통제 연구)

  • Park, Dae-Ha;Han, Keun-Hee
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.23 no.6
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    • pp.1267-1276
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    • 2013
  • Cloud consumers who use cloud computing services are obliged to review and monitor the legal compliance of cloud providers who are consigned the processes of the PII (personally identifiable information) from them. This paper presented possible scenarios for cloud PII outsourcing and suggested PIMS (personal information management system) controls for outsourcing management between cloud consumers and cloud providers by analyzing both international standards and domestic certification schemes related to cloud computing and/or privacy management based on the legal obligations for PII outsourcing from Korean "Personal Information Protection Act (PIPA)". The controls suggested can be applicable for developing the guidance of complying with privacy laws in organizations or the checklist of PII outsourcing management in PIMS certification.

A Study on the Effects of KORAIL's CSR on Customers' Reliability and Loyalty (철도공사의 사회적 책임이 고객신뢰와 충성도에 미치는 영향에 관한 연구)

  • Yang, Jae-Hoon
    • Journal of the Korean Society for Railway
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    • v.17 no.6
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    • pp.423-432
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    • 2014
  • The purchasing behavior of consumers is related to service quality and corporate social responsibility (CSR). Therefore, CSR is recognized as an important factor in company strategies. This study determines the relationship between the CSR activities of KORAIL and the reuse intention and recommendation intention of the consumer. CSR is composed of economic, legal, philanthropic, ethical, and environmental responsibilities. In the results of the structural equation modeling analyses, legal responsibility and economic reliability affect the reliability of KORAIL and this reliability affects the customers' reliability and loyalty. This paper proposes a compliance program, wagon safety information, customized tour packages, and communication strategy that will increase customer's reliability and loyalty.

Legal Issues of Medical Institution Remodeling (의료기관 리모델링의 법적 제문제)

  • Shin, Tae-Seop;Chung, Mi-Young
    • The Journal of the Korea Contents Association
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    • v.21 no.8
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    • pp.294-304
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    • 2021
  • Medical institutions remodel existing hospital buildings rather than construct buildings to satisfy patient satisfaction and enhance competitiveness with other medical institutions. Medical institution remodeling is gradually increasing due to enhanced laws and systems to improve the quality of medical services and the level of patient safety. However, prior studies were discussed only within a limited range, including architectural elements, about medical institution remodeling. Therefore, this study aims to provide basic data to medical institutions planning future remodeling by examining the legal issues of medical institution remodeling in various ways. Medical institution remodeling extends the construction period due to restrictions on construction conditions, and causes damage such as noise and dust to patients. So it is necessary to prevent damage to patients in advance and to support appropriate remodeling of medical institutions. Therefore, it is necessary to prepare an Act on promotion of and support for remodeling of medical institutions. In addition, medical institutions should prepare a checklist for voluntary compliance with construction standards, preventive measures and post-improvement measures, and measures for infection and radiation exposure in hospitals.

A Study on the Operational Problems and Improvement Plan of the Domestic Violence Punishment Act through Domestic Violence Crime Information Analysis

  • Yoon, Hyun-Seok
    • Journal of the Korea Society of Computer and Information
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    • v.26 no.11
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    • pp.227-232
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    • 2021
  • The 「Act on Special Cases concerning the Punishment of Crimes of Domestic Violence」 still has various problems in the legal system and enforcement process. Contrary to the original intention of the legislation, it is operated very passively in terms of state intervention and punishment of domestic violence actors in actual operation. Even if it is treated as a home protection case, if you look at the details of the protection disposition, there is a problem that the decision on the protection disposition is biased towards a specific type of protection disposition. In order to improve this, the need for cooperation and active intervention between state agencies is required. In addition, it is necessary to establish a legal basis for a request for personal protection by recognizing the status of a victim who reported domestic violence as a crime reporter. In addition, in order to secure the effectiveness of the protective disposition, it is necessary to strengthen sanctions for non-compliance or violations of the protective disposition.

A Study on Parts Manufacturer Approval in Civil Aviation Law (항공기 부품제작자증명에 관한 연구)

  • Lee, Kang-Yi;Jin, Young-Kwon;Lee, Jong-Hee;Lee, Kwang-Hee
    • The Korean Journal of Air & Space Law and Policy
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    • v.17
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    • pp.133-152
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    • 2003
  • Certification by Civil Aviation Law is necessary for aircraft parts and appliances as well as aircraft, engines, and propellers to ensure safety and reliability in operation. Advanced countries in aerospace industry as like U.S.A require Parts Manufacturer Approval for aircraft parts and Technical Standard Order Authorization for designated appliances. However, there are no legal requirements for certification of aircraft parts and appliances in Korea until now. This study presents the draft to revise Civil Aviation Law, which is applicable to set up domestic certification system and maintain it equivalent to U.S. Federal Aviation Regulation.

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Islamic Corporate Social Responsibility: An Exploratory Study in Islamic Microfinance Institutions

  • MUHAMMAD, Helmi
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.12
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    • pp.773-782
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    • 2020
  • The research objectives are to study the implementation of Islamic Corporate Social Responsibility (i-CSR) values in BMT UGT Sidogiri, an Islamic microfinance institution in Indonesia based on Islamic boarding school or pesantren. This research employed a post-positivist paradigm. Data observation was performed by conducting an in-depth interview with several informants. The data analysis utilized an interactive model technique. The research results showed that i-CSR was successfully implemented in the Islamic microfinance institution based on Islamic boarding school due to the mutual passion (convergence) with conventional CSR typologies. The convergence is in two ways, firstly managerial behavior that focuses on protecting company stakeholders, second, creating sustainable corporate values through effective and efficient business activities. The orientation is the creation of a social role based on justice and sustainable development. The convergence is mainly in the dimensions of economic, legal, ethical and philanthropic responsibilities. The Islamic values have enriched the implementation of i-CSR as the form of practicing the teachings of Islam and evidence of human servitude to God so that the behaviors become worthy of worship. The implementation of i-CSR focused on the Islamic teachings. Compliance to Islamic jurisprudence and apply it in business activities became a divergent element of conventional CSR concept.