• 제목/요약/키워드: Legal Compliance

검색결과 127건 처리시간 0.03초

농가의 외국인 근로자 고용에 대한 인식조사 (A Survey on the Employment of Foreign Workers in Farm Households)

  • 이춘수;강창수;양성범
    • 한국유기농업학회지
    • /
    • 제29권2호
    • /
    • pp.187-207
    • /
    • 2021
  • This study examined the perception of farmers who employ foreign workers. A survey was conducted on 110 farms, and the main research results are as follows. First, as many farmers hire foreign workers in informal ways other than the employment permit system or seasonal worker programs, it is important to increase the number of registered foreign workers through the employment permit system or seasonal worker programs. Second, it is important to improve farmers' perception of compliance with the minimum wage, as some farmers pay wages below the legal minimum wage. Third, the subjective productivity evaluation results of farmers showed that the difference in labor productivity between foreigners and foreigners was not significant. This means that hiring foreign workers is due to other factors such as ease of management and cost rather than productivity. Fourth, many farmers were willing to hire existing foreign workers even if they paid extra wages after the expiration of the employment permit system. Finally, promotion and improvement of the additional system for foreign workers' workplaces are needed to solve problems caused by foreign employment during off-farming season.

Islamic Legal Reasoning for the Justification of Tax Evasion: The Case of Indonesia

  • HIDAYAT, Nurul;SHARKEY, Nolan
    • The Journal of Asian Finance, Economics and Business
    • /
    • 제8권8호
    • /
    • pp.475-486
    • /
    • 2021
  • Religiosity is often perceived as a trait that can effectively suppress attitudes and behavior that lead to people evading taxes. However, this study finds that Islamic religiosity has a complicated relationship with tax evasion. This study employs a mixed-method, which involves collecting, analyzing, and integrating quantitative and qualitative research, and this integration provides a better understanding of the research problem. Qualitative analyses of the sermons of prominent Islamic clerics speaking on taxes on YouTube channels revealed different views. The textualists/conservative clerics viewed taxes are prohibited based on the fact of Islamic history and tax prohibition stated in a hadith. Furthermore, tax compliance is determined solely by the threat of punishment from the government. On the other hand, the moderate preachers seem to be more flexible in response to tax issues. They involve the framework of contextual and analogical-historical practice. Quantitative analyses from the survey found that Islamic religiosity is not directly correlated with tax evasion. However, the sentiment of Islamic law adoption by the state has significantly mediated the correlation between them. In addition, respondents who affiliate with moderate Islamic organizations tend to have less justification of tax evasion than those who affiliate with conservative organizations or movements.

A Study on the Quantified Point System for Designation of Personal Identity Proofing Service Provider based on Resident Registration Number

  • Kim, JongBae
    • International journal of advanced smart convergence
    • /
    • 제11권4호
    • /
    • pp.20-27
    • /
    • 2022
  • In this paper, we propose to improve the designation examination criteria of agencies that provide personal identity proofing based on the resident registration number (RRN), a 13-digit number uniquely assigned by the government to identify Korean citizens. In online commerce, etc., the personal identity proofing agency (PIPA) is a place where online users can prove their personal identity by presenting an alternative means instead of their RRN. The designation examination criteria for PIPAs established in 2012 is a revision of the relevant current laws, and there is a problem in applying the designation examination for alternative means of RRN as the current examination standard. Therefore, in this paper, we propose a method to make the current examination criteria applicable to the newly designated examination of the personal identity proofing service provider based on the current RRN alternative method. According to the current designation examination criteria, only those who satisfy all the examination criteria are designated as the PIPA. However, in reality, it is not in line with the purpose of regulatory reform to require that all examination criteria be satisfied. In the proposed method, it is proposed to apply the standard score system for designation of PIPAs, to make the law current, to secure legal compliance, and to establish a new examination standard to provide a new alternative means of personal identity proofing service. By applying the proposed method to the PIPA designation examination, various alternative means of RRN can be utilized in the online commerce service market.

YOLO와 OpenCV기술을 활용한 현수막 단속 자동화 시스템 방안 (Banner Control Automation System Using YOLO and OpenCV)

  • 김덕원;이지훈
    • 반도체디스플레이기술학회지
    • /
    • 제22권4호
    • /
    • pp.48-52
    • /
    • 2023
  • From the past to the present, banners are consistently used as effective advertising means. In the case of Korea, there are frequent situations in which hidden advertisements are installed. As a result, such hidden advertisement materials may damage urban aesthetics and moreover, incur unnecessary manpower consumption and waste of money. The proposed method classifies the detected banners into good banner and bad banner. The classification results are based on whether the relevant banners are installed in compliance with legal guidelines. In the process, YOLO and Open Computer Vision library are used to determine from various perspectives whether banners in CCTV images comply with the guidelines. YOLO is used to detect the banner area in CCTV images, and OpenCV is used to detect the color values in the area for color comparison. If a banner is detected in the video, the proposed method calculates the location of the banner and the distance from the designated bulletin to determine whether it was installed within the designated location, and then compares whether the color used in the banner is complied with local government guidelines.

  • PDF

A Study on Strengthening Domestic Personal Information Impact Assessment(PIA)

  • Young-Bok Cho
    • 한국컴퓨터정보학회논문지
    • /
    • 제29권6호
    • /
    • pp.61-67
    • /
    • 2024
  • 본 논문에서는 개인정보 영향평가의 법적 준거성을 확보하고 개인정보 영향평가 시 프라이버시 강화 방안을 제시함으로써 개인정보 유출 사고를 방지할 수 있는 강화 방안을 제시하였다. 최근 빅데이터를 기반으로 한 다양한 서비스들이 생성되면서 EU의 GDPR, 국내는 개인정보 보호법을 중심으로 개인정보보호를 위해 노력하고 있다. 이런 사회 속에서 기업들은 최신기술을 기반으로 한 개인의 맞춤형 서비스를 제공하기 위해 개인정보를 위탁 처리하게 되는데, 이때 수탁사를 통해 개인정보 유출 문제가 심각하게 발생하고 있다. 따라서 수탁사들의 개인정보 사용에 따른 법적 준거성을 확보하면서 체계적으로 개인정보를 관리 할 수 있는 방안에 대해 고찰한다.

영국 2015년 보험법 상 담보(워런티)에 관한 연구 (A Study on Warranty in The Insurance Act 2015)

  • 신건훈;이병문
    • 무역상무연구
    • /
    • 제73권
    • /
    • pp.65-90
    • /
    • 2017
  • The rule of warranty in English insurance law was established in the second part of the $18^{th}$ century by Lord Mansfield, who laid the foundations of the modern English law of insurance contract and developed very different rule of insurance law, especially in the field of warranty. At the time of Lord Mansfield, warranty, that is, 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 since the age of Lord Mansfield. English and Scottish Commissions proposed very dramatic reform of law in the field of warranty law to reflect the changes of legal environment through the Insurance Act 2016. This article intends to consider the legal implications through the comparative analysis between the new regime of warranty in the Insurance Act 2015 and MIA 1906. The major changes in the Insurance Act 2015 are summarized as following. First, Basis of the contract clauses in non-consumer insurance contracts should be of no effect and representations should not be capable of being converted into warranties by means of a policy term or statement on the proposal form. This requirement should not be capable of being avoided by the use of a contract term and the arrangement of contracting out by parties should be of no effect. Secondly, The existing remedy for breach of warranty, that is, automatic discharge of the insurer's liability, should be removed. Instead, the insurer's libility should be suspended from the point of breach of warranty and reattach if and when a breach of warranty has been remedies. Thirdly, A breach of warranty should genally be regarded as remedied where the insured ceases to be in breach of it. In the other hand, for time-specific warranties which apply at or by an ascertainable time, a breach should be regarded as remedies, if the risk to which the warranty relates later, becomes essentially the same as that originally contemplated by the parties. Fourthly, where a term of an insurance contract relates to a particular kind of loss, or loss at a particular location/time, the breach of that term should only give the remedy in relation to loss of that particular kind of loss, or at a particular location/time. Finally, whether a term of an insurance contrat relates to loss of a particular kind of at a particular location/time should be determined objectively, based on whether compliance with that ther would tend to reduce the risk of the occurrence of that category of loss.

  • PDF

ADR을 통한 저작권분쟁 해결에 관한 검토 (The Role of ADR in the Resolution of the Copyright Disputes)

  • 김선정
    • 한국중재학회지:중재연구
    • /
    • 제21권2호
    • /
    • pp.85-112
    • /
    • 2011
  • These days utilization of copyright in daily life and economic activities is becoming more important than ever, and IT technology is developing day by day. Along with those fact, copyright infringement and dispute is naturally increasing. This thesis dealt with the 3 different issues of ADR on copyright. The First part, introduce ADR system that was performed by Korea Copyright Committee according to Copyright law. This paper evaluate the committee's efforts to provide resolution of copyright disputes via conciliation was effective. So it needs to be look over several countries' ADR, beside conventional judicial remedy. And Korea's copyright conciliation system which is successfully operating also introduced. Second, In many countries, including South Korea are take advantage of conciliation as the way to settle down the dispute over copyright. Furthermore, looked over if we can use arbitration as tool to settle dispute or not. Currently in Korea, patent dispute is handled by Industrial Property Dispute Conciliation Committee(The Invention Promotion Act Ch.5) and Layout-design Review and Mediation Committee(The Act on the Layout-designs of Semiconductor Integrated Circuits Art.29-34), but using performance of those two committee is still too low. In comparison, the copyright committee, a affiliation organization of the ministry of culture, sports and tourism has much more result in conciliation compare with patent dispute. Copyright disputes has arbitrability of it's subject-matter and many regulating organs are interested in it. (especially, binding of arbitral award and final resolution). Take advantage of both conciliation and arbitration could be good way to resolve copyright disputes. Third, the writer look at the proposal on the creation of Northeast Regional Center for Intellectual Property ADR. Because of the nature of copyright and rapid development of internet technology, international use of work become more frequent and accordingly infringement cases are increasing. The role of commercial arbitration regimes and institutions which has progressed significantly worldwide level, but which has only just begun in the intellectual property ADR area, leads also to a clash of often very different legal cultures and protection in a market economy. International cooperation in regional area with conflict interests becomes an important alternative. But it will depend on the building of regional institutions and mechanisms. The feasibility of this proposal and preconditions were examined. Establishment of new international organization requires a lot of time, cost and efforts. And risk of failure is much too high. Therefore factual, statistical review should be preceded. In addition, technical measures, such as on-line arbitration is necessary to review also. Furthermore in order to establish new organization, the relative law, legal environment, public sentiment and international compliance must be carefully considered with factual review about the needs and economic benefits of each country Yet on complex regulatory matters such as IP and ADR, a great deal of the potential benefits from international standards arises not from the international legal framework nor even the formal content of national legislation, but from the informed and effective use made of the possibilities within the system, including by policymakers and regulators.

  • PDF

남.북한 항공법 비교연구 (A Comparative Study on the Civil Aviation Law between South and North Korea.)

  • 김맹선;이시황
    • 항공우주정책ㆍ법학회지
    • /
    • 제21권2호
    • /
    • pp.97-121
    • /
    • 2006
  • 남 북간 정상회담을 위한 서해 임시직항로가 개설된 이후부터 서울과 평양 간 직항로를 이용한 민간항공의 교류는 부정기적이며 당국자간의 필요에 의하여 계속되어 왔다. 남 북한 간의 정상적인 항공기운항은 양국 간 협의에 의하여 이루어 질수도 있고 또는 부지불식간에 예상치 못한 상태에서 이루어 질수도 있다. 본 연구는 남 북간 항공법의 차이를 비교연구 함으로써 향후 남 북한 간 민간 항공기의 정상적인 운항에 기여할 수 있는 바람직한 제도적 기틀을 마련하는데 목적이 있다. 남 북한은 혈연, 역사, 언어 등을 같이하는 분단체제이나, 남한과 북한은 법체계가 다르게 되어 있다. 남한의 법은 대륙법계의 영향을 받아 체계적인 규정형식을 취하고 있는 반면에 북한의 항공법은 사회주의법계의 영향으로 그 규정이 일반적이며 추상적인 것이 특징이다. 항공법의 법원에 있어, 남한과 북한은 모두 국제민간항공협약의 체약국으로 협약상의 규정과 권고사항을 바탕으로 제정된 결과 많은 유사점이 있으나 항공기 및 비행장등에 대한 소유권의 유무, 공법 및 공사법 체계에서 오는 항공사의 책임제도와 보험가입의무등 상이한 내용도 연구결과 도출 되었다. 그러나 북한법에 관한 연구는 자료가 매우 제한적일 뿐만 아니라 북한의 법령자체도 거의 공표되지 않고 있는 실정이기 때문에 본 연구에서는 국내에서 수집 가능한 자료를 중심으로 북한의 항공법과 남한항공법을 내용상의 차이점을 중심으로 비교 연구하였다.

  • PDF

비침습적 뇌자극기술과 법적 규제 - TMS와 tDCS기술을 이용한 기기를 중심으로 - (Non-invasive Brain Stimulation and its Legal Regulation - Devices using Techniques of TMS and tDCS -)

  • 최민영
    • 의료법학
    • /
    • 제21권2호
    • /
    • pp.209-244
    • /
    • 2020
  • TMS와 tDCS는 자기와 전류를 통하여 뇌에 자극을 가함으로서 환자나 개별 이용자의 질병을 치료하고, 이외에도 건강을 관리하거나 증진시킬 수 있는 비침습적 기기를 말한다. 이들 기기의 효과와 안전성은 몇몇 질병에서 입증되고 있으나, 아직도 이에 대한 연구는 진행 중이다. 점차 증가하고 있는 이들 기기의 활용도에 비해 TMS와 tDCS를 직접 규율하는 입법례를 찾기는 어렵다. 미국, 독일, 일본의 TMS와 tDCS에 대한 법적 규율을 살펴보면, TMS는 중등도의 위해도를 가진 의료기기로 승인되어 있는 반면, tDCS는 아직 의료기기로 승인된 상태는 아니다. 하지만, 최근 FDA 가이드집이나 유럽 MDR 규정의 변화, 미국의 리콜사례, 독일과 일본의 관련 법 규정, 전문가 그룹의 제언 등을 검토하면, tDCS도 조만간 의료기기로 승인되어 규율될 것으로 보인다. 물론, tDCS를 의료기기가 아닌 일반제품으로 보더라도 다른 법률과 제도를 통하여 제품의 안전성과 효과를 규제할 수는 있다. 그러나 이 기기가 인간의 뇌에 미칠 수 있는 여러 영향을 고려할 때, 이를 독자적으로 규율할 필요성이 크다. 우리도 TMS와 tDCS를 규율하는 명시적 법률은 없으나, 이 두 기기는 식약처 고시에 따라 3등급 의료기기로 판정된다. 그리고 TMS는 가이드 라인에 따라 미국 FDA 지침에 의해 안전성과 성능을 평가하도록 하고 있다. 하지만, tDCS는 아직 이에 대한 구체적 지침은 존재하지 않는다. tDCS 기기가 일부 병원에서, 그리고 개별 구매자를 통하여 가정에서 사용되고 있는 현실을 고려하면, 이러한 규제의 공백은 신속히 보완되어야 한다. 장기적으로는 비침습적 뇌자극기기를 독자적으로 규율할 수 있는 법적 시스템의 정비가 필요하다.

최근국제항공보안대책(最近國際航空保安対策)의 제간제(諸間題) -특히 법적측면(法的測面)을 중심(中心)으로- (Some New Problems of International Aviation Security- Considerations Forcused on its Legal Aspects)

  • 최완식
    • 항공우주정책ㆍ법학회지
    • /
    • 제5권
    • /
    • pp.53-75
    • /
    • 1993
  • This article is concerned with the comment on "Some New Problems of International Aviation Security-Considerations Forcused on its Legal Aspects". Ever since 1970, in addition to the problem of failure to accept the Tokyo, Hague and Montreal Conventions, there has been also the problem of parties to them, failing to comply with their obligations under the respective treaties, in the form especially of nominal penalties or the lack of any effort to prosecute after blank refusals to extradite. There have also been cases of prolonged detention of aircraft, passengers and hostages. In this regard, all three conventions contain identical clauses which submit disputes between two or more contracting States concerning the interpretation or application of the respective conventions to arbitration or failing agreement on the organization of the arbitration, to the International Court of Justice. To the extent to which contracting States have not contracted out of this undertaking, as I fear they are expressly allowed to do, this promision can be used by contracting States to ensure compliance. But to date, this avenue does not appear to have been used. From this point of view, it may be worth mentioning that there appears to be an alarming trend towards the view that the defeat of terrorism is such an overriding imperative that all means of doing so become, in international law, automatically lawful. In addition, in as far as aviation security is concerned, as in fact it has long been suggested, what is required is the "application of the strictest security measures by all concerned."In this regard, mention should be made of Annex 17 to the Chicago Convention on Security-Safeguarding International Civil Aviation against Acts of Unlawful Intereference. ICAO has, moreover, compiled, for restricted distribution, a Security Manual for Safeguarding Civil Aviation Against Acts of Unlawful Interference, which is highly useful. In this regard, it may well be argued that, unless States members of ICAO notify the ICAO Council of their inability to comply with opecific standards in Annex 17 or any of the related Annexes in accordance with Article 38 of the 1944 Chicago Convention on International Civil Aviation, their failure to do so can involve State responsibility and, if damage were to insure, their liability. The same applies to breaches of any other treaty obligation. I hope to demonstrate that although modes of international violence may change, their underlying characteristics remain broadly similar, necessitating not simply the adoption of an adequate body of domestic legislation, firm in its content and fairly administered, but also an international network of communication, of cooperation and of coordination of policies. Afurther legal instrument is now being developed by the Legal Committee of ICAO with respect to unlawful acts at International airports. These instruments, however, are not very effective, because of the absence of universal acceptance and the deficiency I have already pointed out. Therefore, States, airports and international airlines have to concentrate on prevention. If the development of policies is important at the international level, it is equally important in the domestic setting. For example, the recent experiences of France have prompted many changes in the State's legislation and in its policies towards terrorism, with higher penalties for terrorist offences and incentives which encourage accused terrorists to pass informations to the authorities. And our government has to tighten furthermore security measures. Particularly, in the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescence to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. The general opinion is that the legal oystem could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the sovereign rights of states, and the human rights of the individuals. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co - ordinated measures.

  • PDF