• Title/Summary/Keyword: Legal Culture

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Legal Culture and Corruption: A Cross-National Analysis of Effects of Courts Fairness and Courts Accessibility on Corruption (법문화(legal culture)와 부패인식: 사법서비스에 대한 접근성과 재판의 공정성 효과를 중심으로)

  • Kim, Hyeongmyeong;Suh, Jaekwon
    • Korean Journal of Legislative Studies
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    • v.25 no.2
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    • pp.141-177
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    • 2019
  • This paper explains cross-national variation of CPI(corruption perception index) centering on legal culture. By critically reviewing previous researches on effects of British common law system on corruption, we define legal culture as citizens' perception of their legal system. Specifically, measuring legal culture with respect to courts fairness and courts accessibility, we test two hypotheses on effects of legal culture on corruption. A cross-national comparison of 78 countries with OLS regression analyses reveals that courts fairness tends to lower the level of corruption while courts accessibility does not have a significant effect on corruption. Based on this result, we suggest policy implications for judicial reform as well as anti-corruption measure, which puts more emphasis on reforming legal practice that hinders courts fairness than increasing legal service supply. In addition, as the essence of legal culture lies in citizens' shared perception of the legal system, we argue that a broad and solid citizens' consciousness of fair and equitable legal procedures is indispensable in preventing corruption.

Legal Culture and Commercial Arbitration in the United States and Japan

  • Kim, Chin-Hyon;Chung, Yong-Kyun
    • Journal of Arbitration Studies
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    • v.23 no.3
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    • pp.185-212
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    • 2013
  • In this paper, a conceptual model of legal culture based on Ehrlich's "living law" theory and Cole's social-cultural explanation can explain the low utilization rates of arbitration of Japan and the high utilization rates of arbitration in the United States, simultaneously. This model highlights the clash between social norms and legal provisions in Japan. Japan has developed a two-tiered system of dispute resolution. At the official level, Japanese people accept the legal system imposed by the outside world. But, at a deeper level, they utilize diverse forms of informal dispute resolution mechanisms, such as reconcilement and conciliation, reflecting their own social norms. In contrast, there is no conflict between social norms and legal provisions in United States. This study may show that there are distinctions between American-style arbitration and Japanese-style arbitration, reflecting their own respective social norms. The question of reconciliation between the American style of arbitration and the Japanese style of arbitration can be resolved by an international arbitrator.

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Legal Deposit in the Sultanate of Oman: The Law of Printing and Publishing and its Role in Building Oman's Culture of Democracy

  • Saleem, Naifa Eid;Al Kindi, Abdullah Khamis;Ai-Rahbi, Khalifa
    • International Journal of Knowledge Content Development & Technology
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    • v.7 no.1
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    • pp.23-55
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    • 2017
  • Omani citizens participate in building the culture of democracy through the implementation of the legal deposit or the Law of Printing and Publishing. Legal deposit is the law that requires individuals and agencies who are responsible for printing and applying the law in Oman, whether they are publishers, printing houses or authors, to submit certain copies of their work or publications to a repository, usually a library. The present study aims to explore the reality of the Omani Law of Printing and Publishing and discover how the law defines the term "publications". In addition to the role of this law in building the Omani culture of democracy, the study uses an interpretive research paradigm of applied unstructured interviews and content analysis. Twenty-four printing houses were interviewed. The findings determined that definition of the term "publications", according to the law, is very general and covers different items, and the Law of Printing and Publishing plays an essential role in the building of Oman's culture of democracy. The study also found that all of the printing houses interviewed participated in creating the Omani culture by depositing the requested copies of their publications, although four of them had negative beliefs about the law of "Printing and Publishing". In addition, the study found (19=79.1%) of the sample interpreted the term "culture of democracy" in a positive way.

Perception survey analysis for legal support in case of legal disputes among firefighters (소방공무원의 법적 분쟁 시 법률지원을 위한 인식조사 분석)

  • Reem, Young-Jin;Kong, Ha-Sung
    • The Journal of the Convergence on Culture Technology
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    • v.9 no.6
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    • pp.495-507
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    • 2023
  • The purpose of this study is to identify the current status of legal disputes that occur while firefighters are performing their duties and to suggest efficient response measures. To investigate awareness of legal disputes, a survey was conducted on 3,500 firefighters, and the responses of 505 people who participated in the survey were analyzed. As a research method, frequency analysis and cross-analysis were conducted based on the demographic characteristics of the participants and a survey of firefighters' awareness of the law, and through this, basic statistics and status were analyzed. As a result of the analysis, it was found that firefighters feel a lot of burden, including time and material losses, as well as disadvantages and mental anxiety in the workplace when legal disputes occur while performing their duties. The need for an organizational response in the workplace as an efficient response to this was statistically confirmed. Therefore, based on the results of this study, we propose the permanent establishment and operation of a professional legal support team within each city/provincial fire department headquarters so that firefighters can concentrate on their duties free from legal disputes.

Legislation for Culture and Arts Development in the Local Area (지역문화진흥을 위한 법제 정비 방향에 관한 탐색적 연구)

  • Kim, Sehun;Seo, Sunbok
    • The Journal of the Korea Contents Association
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    • v.13 no.1
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    • pp.186-198
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    • 2013
  • This study has interest in the cultural environment in the local areas. Despite continuous efforts to establish a new law for the culture and arts in the local areas, they failed because of its non-systematic approach to legal system of culture and arts areas. In order to establish a new law of culture and arts development in the local areas, it explores the existing efforts and foreign cases for the legislation, and analyses the legal system in culture and arts. As a conclusion, it suggests recommendations; Firstly, culture and arts should be separated regarding the legislation for cultural development in the local areas. Secondly, the articles which share same or similar meaning in the existing laws should be rectified. Finally, the roles of central government and local government should be identifies regarding public supports for culture and arts in the local areas.

A Study on national responsibility to foster cultural contents and legal principles of vulgarity regulation

  • Cho, man-hyeong
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.1
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    • pp.33-38
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    • 2016
  • Constitution declares culture is area that without any interference from the state space, and so creates each person creative energy. It is a typical movie in culture. The film will be referred to as an important expression form as well as high value-added industries of cultural creativity of ethnic communities. Intervention of the state is necessary that by competing mechanisms of diverse opinions and ideas caused harm. State intervention is only to be operated at a minimum. The vulgarity causes young people have impulsive tendencies and affects adults adversely on on issues, regulation is possible for children and youth protection. This paper aims to suggest a new legislative measure about the legal principles of vulgarity regulation to solve this kind of problem efficiently. Some standard allowed vulgarity regulation on the principles of control.

A Research on Legal Risk Prevention of Chinese enterprises' FDI in China-Japan-Korea FTA

  • SU, Shuai;ZHANG, Fan
    • The Journal of Economics, Marketing and Management
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    • v.7 no.4
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    • pp.6-9
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    • 2019
  • Purpose - This research mainly studied with the promotion of "one belt and one road "initiative's strategy and the construction of China, Japan and South Korea Free Trade Zone, China exports urgently needed industrial products to Japan and South Korea, which will not only help digest excess industrial capacity, optimize China's industrial structure, but also promote the economic development of Japan and South Korea. Research design, data, and Methodology - The study conducted a survey on 2018 year new revision of China-Korea Japan's data. Results -This study shows that In this process, multinational enterprises, as pioneers of economic development, play an irreplaceable role. However, due to the differences between laws of different countries and their own corporate culture concepts, enterprises in different countries will inevitably encounter various conflicts in the process of development. Conclusions -This requires our enterprises to have awareness of legal risk prevention in the process of development, and to study the corporate culture of relevant enterprises to truly achieve win-win cooperation.

An Inquiry of properness and Legal Bases about the Embalming in Korea (엠바밍(Embalming)의 법률적 상당성에 관한 연구)

  • Hwang, Kyu-Sung;Jin, Sang-Myoung;Kim, James;Kim, Jeong-Lae
    • The Journal of the Convergence on Culture Technology
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    • v.2 no.3
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    • pp.9-14
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    • 2016
  • Embalming is process of chemically treating a dead body to reduce growth of microorganisms and retard organic decomposition. Embalming is contemporary preservation and includes skin incision and preservative fluid injection of blood vessels. That the preparation, embalming and final disposition of a dead body should be attended with appropriate legal bases and properness, having due regard and respect for the care of the human body. The necessity of embalming on legal base is present but it has not been studied in Korea. We propose the legal bases about the embalming that is based on the related law associated a dead body in Korea. We aim to have legal reason for the embalming and embalmer.

Modern Innovative Forms Of Teaching Law At Other Schools In Ukraine

  • Tsilmak, Olena;Iasechko, Svitlana;Poplavska, Myroslava;Motlyakh, Oleksandr;Kabanets, Oleksandr
    • International Journal of Computer Science & Network Security
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    • v.22 no.11
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    • pp.260-264
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    • 2022
  • The article considers innovative teaching methods used in the system of modern education process. Characteristic features of means, forms and methods of innovative training are defined, it is revealed the specifics of their use in the interactive educational environment of Ukrainian universities. The article is devoted to topical issues of modernization and improving the quality of higher legal education in Ukraine in the context of its European integration. Particular attention is paid to innovative technologies of legal education faculties.

Legal Regulation Of Insurance In Tourism

  • Andrusiv, Uliana;Skrypnyk, Volodymyr;Zihunova, Inna;Klochko, Oleksii;Khutkyy, Volodymyr
    • International Journal of Computer Science & Network Security
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    • v.21 no.11
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    • pp.189-192
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    • 2021
  • The article is devoted to the issue of the content of legal instruments in terms of tourism business, namely the problems of legal regulation of insurance in tourism. The analysis of the state of development of the problem in question shows that the issue of legal regulation of the insurance contract in general and the contract in tourism services, in general, is insufficiently studied. The article is devoted to topical issues of legal regulation of insurance in the field of tourism, the search for effective mechanisms to increase the liability of both underwriters and insurers. Therefore, insurance can be considered as one of the methods of preventing unfortunate consequences during the implementation of tourism activities. The author's vision of the content of the package of measures that can positively influence not only the development of the tourist industry in general but primarily to help identify those legal segments that need improvement in the future has been stated.