• 제목/요약/키워드: Legal Compliance

검색결과 126건 처리시간 0.023초

Regional Trade Agreements : Exceptions to the MFN Principle in the GATT/WTO System

  • PAK, In-Sop
    • 무역상무연구
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    • 제68권
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    • pp.171-195
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    • 2015
  • The large increase in RTAs since the late 1980's has challenged the foundations of the multilateral trading system, and thereby has become an axis in the GATT/WTOsystem.While RTAs can be seen to be contradictory to the overall aim of the WTO, they were allowed for in Article XXIV of GATT conditional to certain provision. The failure of compliance and subsequently enforcement of these provisions could be seen as a serious flaw of Article XXIV since the inception of GATT system. Many elements of GATT Article XXIV are not clear and thus lead to divergent interpretations of its disciplines. This considerable divergence in opinions arise from both ambiguities throughout the provisions under GATT Article XXIV. In this regard, both economic and legal work is required to keep up with constantly changing nature of the world trading system. Further, global efforts are required to resolve another teething issue of WTO's problematic institutional framework on GATT/WTO's oversight and surveillance of RTAs. and thereby strengthen the multilateral trading system. Needless to say, theGATT/WTOframework has been essential in paving the way for RTAs while ensuring a more multilateral and liberal trading system. Consequently, global efforts should be made to restructure the WTO for the renewed multilateral trade liberalization in the GATT/WTO.

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An Investigative Treatise on the Success Story of Women Entrepreneurs in Tribal Areas of India

  • POTLURI, Rajasekhara Mouly;JOHNSON, Sophia;ULLAH, Rahat
    • 산경연구논집
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    • 제11권9호
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    • pp.17-24
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    • 2020
  • Purpose: The purpose of this research is to explore the continuum of reasons and skills employed by tribal Indian women entrepreneurs to establish their successful businesses in terrorist affected areas. Research design, data and methodology: After an extensive literature review on women's entrepreneurship and their situations in disturbed areas, a qualitative research method was applied, and researchers conducted well-structured personal interviews to collect data from fifty respondents selected by using random and convenience sampling. Results: This study has identified the range of reasons for the successes of tribal women entrepreneurs. These are strict compliance with tribal culture and restrictions imposed by different stakeholders and the establishment of social networks and support from local communities and with their indefatigable and indomitable perseverance to proffer basic sustenance for their families. Conclusions: A minimum sample was selected from the Andhra-Odisha Border (AOB) areas due to security concerns. The research depicts the tribal Indian women entrepreneurs' grit and remorseless nature in overcoming impediments from the socio-cultural, economic, political, and legal framework of the country. This research is a gallant effort taken up by the authors, which is the first of its kind to visit as well as to conduct primary research in disturbed areas like the Andhra-Odisha Border in India.

치의학분야 3D 프린팅 기술이 적용된 의료기기의 인·허가전략과 과제 (Licensing strategies and tasks for medical devices utilizing 3D printing technology in dentistry)

  • 신은미;양승민
    • 대한치과의사협회지
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    • 제56권9호
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    • pp.479-490
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    • 2018
  • 3D printing technology supporting the specific patient medical services is actively being implemented in dentistry. The purpose of this study is to introduce the legal and institutional considerations to the medical practitioners in dentistry who must observe when they manufacture medical devices using 3D printers, and to provide a ways to activate and enhance their utilization in the domestic approval point of view for medical devices. Through the public data of government agencies and related organizations, the statutory system and compliance matters related to the manufacture of 3D printing medical devices have been examined and reviewed for the government's improvement efforts. Through the study, the government has been actively improving the system and making policy, but the active interest and participation of medical professionals and related workers are continually required to solve the problems which are scattered. 3D printing technology is expected to be more frequently utilized in the field of dentistry in near future. Therefore, it is essential to establish measures to improve the regulation through continuous cooperation with the related ministries with the long-term point of view enhancing smooth entry to the market for the medical devices by taking data from the continued research.

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Individual and collective responsibility to enhance regulatory compliance of the Three Rs

  • Choe, Byung In;Lee, Gwi Hyang
    • BMB Reports
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    • 제47권4호
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    • pp.179-183
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    • 2014
  • Investigators planning to use animals in their research and the Institutional Animal Care and Use Committee (IACUC) members who review the research protocols must take personal responsibility for ensuring that they have the skills and knowledge to perform their duties, applying the Three Rs principles of Russell and Burch. The two Korean laws introduced in 2008 and 2009 regulating animal use for scientific purposes in line with the Three Rs principles have been revised a total of 11 times over the last 6 years. Both regulatory agencies, e.g., the Animal and Plant Quarantine Agency and the Ministry of Food and Drug Safety, provide regular training based on the legal requirements. Based on the amended Animal Welfare Act, the IACUC appointment framework has been upgraded: appointments are now for two-year terms and require a qualified training certificate issued by the Animal and Plant Quarantine Agency since 2012. The authors reviewed the current curricular programs and types of training conducted by the two governing agencies through Internet searches. Our Internet survey results suggest that: a) diversity should be provided in training curricula, based on the roles, backgrounds and needs of the individual trainees; b) proper and continued educational programs should be provided, based on trainees' experiences; and c) active encouragement by government authorities can improve the quality of training curricula.

신용장거래에서 비서류적 조건의 유효성에 관한 분쟁사례연구 (Case Studies on the Effect of Nondocumentary Conditions in the Letter of Credit Transactions)

  • 이상훈
    • 한국중재학회지:중재연구
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    • 제15권3호
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    • pp.175-205
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    • 2005
  • One of the important issues facing current letter of credit practice is the effect of nondocumetary conditions. A nondocumentary condition is a condition contained in the credit without stating the document to be presented in compliance therewith, so nondocumentary condition must be ascertained by reference to factual matters rather than by review of a tendered document. This study attempts to examine the regulations in UCP, ISP98 and UCC on the nondocumetary conditions and the opinions on the effect of nondocumetary conditions and to analyze various cases on the effect of nondocumetary conditions. The results of this study can be summarized as follows. Firstly, UCP, ISP98 and UCC stipulate that banks will deem nondocumetary conditions as not stated and will disregard then So the legal standards for nondocumetary conditions have established. Secondly, courts used to permit the effect of nondocumetary conditions on the basis of the Wichita rule, party autonomy. Thirdly, issuing banks and applicants should not attempt to put in any nondocumetary conditions in order to prevent disputes on the effect of nondocumetary conditions.

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2006년 도축장 출하 지육에 대한 항생물질 잔류현황 분석 (Analysis of antimicrobial residues in meat samples from slaughtered livestock in 2006)

  • 서동균;박대현;홍주연;임현숙;김경희;이춘식
    • 한국동물위생학회지
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    • 제31권1호
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    • pp.129-135
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    • 2008
  • A total of 3,943 samples (beef 698, pork 2,178 and chicken 1,067)were collected from slaughter houses in Daegu from January to December 2006 for analysis of antimicrobial residues. The results were also comparatively analyzed with those carried out from 16 veterinary service laboratories nationwide as a part of national residue program in 2006. The samples from 11 farms (cattle 2, pig 9) were found to exceed the legal limit. Among them 5 were classified as tetracyclines, 3 as $\beta$-lactams, 2 as sulfonamides and 1 as quinolone. Nationally a total of 222 farms (241 cases) were found to violate the residual limits, of which 47.3% were detected by screening test, followed by surveillance (38.3%). Failure to observe withholding periods of antimicrobial drugs after treatment was the most significant cause of the non-compliance.

내부자거래(內部者去來) 규제개선(規制改善)의 효율적(效率的)인 방안(方案) (An Efficient Ways of Improving Regulations on Insider Trading)

  • 박상봉
    • 경영과정보연구
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    • 제4권
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    • pp.611-629
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    • 2000
  • In the legislation interpretation and fundamental viewpoint about the legal system of insider trading, Japan strictly legislate under the proposition, the principle of 'nulla poena,' adopted 'the principle of limited enumeration,' and United states, under 'the principle of comprehension,' has entrusted courts with establishment of concrete concepts and standard, so the courts are very flexible in determining the range of insiders and the importance of inside information to show a strong will to eradicate insider trading. Korea has a legislative position of 'the principle of limited indication' which has been created by the negotiation between those principles of United states and Japan. Though this court has interpreted insider trading, insider trading using non-disclosed information has increased lately, needing the strengthening of its regulations. However, this shows us that sophisticate the regulations may be, the exposure of insider trading has limitations. The most important thing is to change recognition for transparency of the securities market, security of investors and to establish the atmosphere which is that fair stock trading made in a sound capital market to raise funds for corporation. The policies of improving unfair trading, self-regulation bodies, raising the transparency and legality of procedures of supervision and monitoring and applying 'compliance program' to stock companies are very needed to eliminate unfair trading in the securities market and establish the order of trading.

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신종플루 확산(2009년) 이후 호흡기감염 아동 보호자의 감염관리 지식정도 및 수행정도 (Knowledge and Practice Level of Infection Management for Child Guardians with Respiratory Infections after H1N1 Diffusion (2009))

  • 박미경;고영숙;박경임
    • Child Health Nursing Research
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    • 제17권1호
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    • pp.1-9
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    • 2011
  • Purpose: The purpose of this study was to investigate the knowledge and practice level of infection managements in child guardians with respiratory infections after H1N1 diffusion of 2009. Methods: The data were collected during February and March 2010 using a self-report questionnaire. The participants were 228 child guardians. Data were analyzed using frequency, percentage, means, SD, t-test, F-test, Pearson correlation coefficients, and Cronbach's alpha with the SPSS 17.0 program. Results: Mean age of the guardians and children were 37.8 years, 4.1 years respectively. For knowledge level of respiratory infections, hand washing method had the highest score and snuffles prevention method, the lowest. For practice level for respiratory infections, environmental hygiene management had the highest score and symptom management, the lowest. Infection management knowledge and practice level had a positively significant correlation in every area. Conclusion: The results indicate the necessity of continual education on infection management, and that the most efficient timing for the education appears be for participants during their first pregnancy or after the woman has delivered her child.

공해조업선(公海操業船)에 대한 관할권문제(管轄權問題)와 기국(旗國)의 책임(責任) (A Study on the Jurisdictional Problems for Fishing Vessels Engaging High Sea Fishery and the Responsibility of Flag States)

  • 최종화
    • 수산해양교육연구
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    • 제5권2호
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    • pp.138-146
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    • 1993
  • In accordance with the establishment of 200 nautical miles EEZ regime as a customary international law since the mid - 1980s, the area of global high seas became reduced relatively. On the other hand, the importance of high seas fishing ground became serious for the distant-water fishing states like Korea. But it can be expected that international dispute on the jurisdictional problem of the fishing vessels engaging high sea fishery will occur frequently owing to institutional inertia of the UNLOS Convention on this matter. "The Draft Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas" as an international code of conduct for responsible fishing which was adopted by FAO in 1993 is providing the more consolidating and definiting rules for jurisdictional responsibility of flag states to make completion the loophole of the UNLOS Convention. As a precondition for the effective control and enforcement of activities of the fishing vessels engaging high sea fishery, the Draft Agreement is providing some articles allowing the flag states to hold the rights of granting nationality, fishery permission, fishery supervision and control with punishment for the fishing vessels entitled to fly their own flag. Accordingly it can be evaluated that this Draft Agreement does not deviate on the whole from the traditional practice and the basic legal principle of the UNLOS Convention.

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Responsibility for Dissemination of Inaccurate Information on the Internet

  • Romanova, Vera;Nikitin, Yurii;Vozniuk, Natalia;Sverdlyk, Zoriana;Boichuk, Nelia;Kunderevych, Olena
    • International Journal of Computer Science & Network Security
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    • 제21권8호
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    • pp.137-140
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    • 2021
  • The article is devoted to the study of the issue of liability for the dissemination of inaccurate information on the Internet. The article emphasizes that now the public opinion of socially active segments of the population is mainly formed on the basis of not critical but subjective ("consumer") analysis of the received information. The modern realities show that the main source of its origin is the Internet: electronic media and, above all, the relevant social networks. The problem of dissemination by the mass media of inaccurate information obtained via the Internet is solved; it is seen in bringing the laws of Ukraine, which regulate public relations regarding the dissemination of information, into compliance with the Civil Code of Ukraine. The issues of development and implementation of new legislative acts aimed at regulating the status of subjects of informational relations on the Internet and establishing the grounds for their liability are also investigated.