• Title/Summary/Keyword: Legal Implications

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Legal Review of the Writing Requirements on Arbitration Agreement: The U.S. Statutes and Cases (미국법상 중재합의의 서면요건에 관한 고찰)

  • Ha, Choong Lyong
    • Journal of Arbitration Studies
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    • v.27 no.2
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    • pp.19-36
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    • 2017
  • This paper reviews and analyzes the U.S. cases and statutes on the writing requirements of arbitration agreement. In order to discuss the legal aspects of writing requirement on arbitration agreement in the U.S., it is necessary to delve into both the contractual aspects of arbitration agreement and statutory specifications of the writing requirements of arbitration agreement. Statute of frauds and parole evidence rule were reviewed and employed to find legal implications on the writing requirement of arbitration agreement. Relevant cases were analyzed to verify how the courts have been responded to the conflicts regarding the validity of the arbitration contract with respect to writing requirement. International treaties absorbed into the U.S legal system were also reviewed and commented to analyze their implications on the writing requirement of arbitration agreement, including the UNCITRAL Model Arbitration Law and the New York Convention.

Legal Implications of In Vitro Fertilization and Embryo Transfer (체외수정 및 배이식에 관한 법율고)

  • Bai, Byoung-Choo
    • Clinical and Experimental Reproductive Medicine
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    • v.13 no.2
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    • pp.129-136
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    • 1986
  • While the technique of In Vitro Fertilization and Embryo Transfer has been proven undoutedly, it is for from reaching a consensus on the legal implication. Legal authority regarding clinical therapeutic In Vitro Fertilization and Embryo Transfer is, for all practical purpose, nonexistant. In this paper, it is discussed existing regulation dealing with In Vitro Fertilization and Embryo Transfer and related areas i.e. the regulation related medical technologies, the use of donor sperm, donor eggs, surrogate uteri, multiple pregnancy, miscarriages, extra embryos, the technique of cryopreservation. The legality of embryo donation, the responsibility for embryo preservation or destruction and the legal status of the embryos are surveyed. Finally the various legal theories that may give rise to physician liability in connection with clinical In Vitro Fertilization are also reviewed.

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Reviewing Articles Related to Recent Advances in Non-invasive Prenatal Testing and Nursing Implications (최신 비침습적 산전 유전 검사(NIPT)의 임상 적용과 간호학적 의미)

  • Jun, Myunghee;Shin, Gyeyoung;Hur, Myung Haeng;Choi, Kyung-Sook
    • The Journal of Korean Academic Society of Nursing Education
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    • v.19 no.4
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    • pp.675-683
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    • 2013
  • Purpose: Nineteen articles were analyzed to gather opinions and nursing implications about NIPT recently launched. Methods: Nineteen articles were selected from EBSCO (eBook business collection), Google Scholar, and two Korean academic d-bases with key words 'prenatal screening testing', 'prenatal genetic diagnostic testing', NIPT or 'cell free DNA (cfDNA)'. Authors developed a framework for analyzing the 19 articles including opinions and suggestions for future implications. Results: Eleven articles written by the first author affiliated with medicine or genetics, viewed NIPT as promising because of safety, accuracy, early detectability and cost effectiveness. Articles written by journalists or authors affiliated with history and ethics were concerned with the possible risk of ELSI (ethical, legal, social issues), erratic interpretation of test results, and lack of genetic counseling service. Conclusion: With consideration of Korean clinical, and legal circumstances, not only pregnant women and families but also health professionals must prepare for clinical NIPT implications including updating prenatal genetic testing, counseling services, protecting ELSI and amulticultural team approach.

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 and Institutional Issues and Improvements for the Adoption and Utilization of Artificial Intelligence in Government Services (정부서비스에서의 인공지능 도입 및 활용을 위한 법제도적 쟁점과 개선과제)

  • BeopYeon Kim
    • Journal of Information Technology Services
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    • v.22 no.4
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    • pp.53-80
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    • 2023
  • Expectations for artificial intelligence technology are increasing, and its utility value is growing, leading to active use in the public sector. The use of artificial intelligence technology in the public sector has a positive impact on aspects such as improving public work efficiency and service quality, enhancing transparency and reliability, and contributing to the development of technology and industries. For these reasons, major countries including Korea are actively developing and using artificial intelligence in the public sector. However, artificial intelligence also presents issues such as bias, inequality, and infringement of individuals' right to self-determination, which are evident even in its utilization in the public sector. Especially the use of artificial intelligence technology in the public sector has significant societal implications, as well as direct implications on limiting and infringing upon the rights of citizens. Therefore, careful consideration is necessary in the introduction and utilization of such technology. This paper comprehensively examines the legal issues that require consideration regarding the introduction of artificial intelligence in the public sector. Methodological discussions that can minimize the risks that may arise from artificial intelligence and maximize the utility of technology were proposed in each process and step of introduction.

Ethical and Legal Implications of AI-based Human Resources Management (인공지능(AI) 기반 인사관리의 윤리적·법적 영향)

  • Jungwoo Lee;Jungsoo Lee;Ji Hun kwon;Minyi Cha;Kyu Tae Kim
    • Journal of the Institute of Convergence Signal Processing
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    • v.25 no.2
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    • pp.100-112
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    • 2024
  • This study investigates the ethical and legal implications of utilizing artificial intelligence (AI) in human resource management, with a particular focus on AI interviews in the recruitment process. AI, defined as the capability of computer programs to perform tasks associated with human intelligence such as reasoning, learning, and adapting, is increasingly being integrated into HR practices. The deployment of AI in recruitment, specifically through AI-driven interviews, promises efficiency and objectivity but also raises significant ethical and legal concerns. These concerns include potential biases in AI algorithms, transparency in AI decision-making processes, data privacy issues, and compliance with existing labor laws and regulations. By analyzing case studies and reviewing relevant literature, this paper aims to provide a comprehensive understanding of these challenges and propose recommendations for ensuring ethical and legal compliance in AI-based HR practices. The findings suggest that while AI can enhance recruitment efficiency, it is imperative to establish robust ethical guidelines and legal frameworks to mitigate risks and ensure fair and transparent hiring practices.

Study on Legal Issues of Facility Management of Children's Swimming Pool

  • KWON, Yeon Taek;SEO, Myung Seok;SEO, Won Jae
    • Journal of Sport and Applied Science
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    • v.3 no.1
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    • pp.19-25
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    • 2019
  • Purpose: Children's swimming pools are picking up faster than the other types of swimming pool. Yet, safety law-related studies are still lack. This study is to review legal status of children's swimming pool in Korea and to discuss the related legal issues for safety management of children's swimming pool. Research design, data, and methodology: The study reviewed law and clauses for sport facility management and related legal clauses with chilren's swimming pool management, and sport facility-related articles. Results: Safety management of children's swimming pool should currently follow law for sport and physical education facility management because of no its own legal norm for children's swimming pool. Given this, specific law and clauses for children's pool management need to be legislated to prevent risks for children and to satisfy specific safety factors considering careless behavior of children. Conclusions: Regarding this, the study points out five suggestions. First, law should be established to make notification of safety rules mandatory and this notification should be placed in the pool. This notification would be better effective if it is visualized. Second, according to law, safety 7 rules of children' s swimming pool need to be legistrated and educated for pool managers to obey them. Pool managers could also add their own rules to the 7 rules. Finally, preparation of emergency kits and safety devices need to be mandatory in the pool. Further implications were discussed.

PCA Ruling on South China Sea : Implications for Region (필리핀 vs. 중국 간 남중국해 사건 중재판정의 동아시아 역내 함의)

  • Park, Young-Gil
    • Strategy21
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    • s.40
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    • pp.131-143
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    • 2016
  • On 12 July 2016, China's maritime claim to most of the South China Sea (SCS) based on the so-called nine-dash line was rejected by the Arbitral Tribunal, constituted under Annex VII to the UN Convention on the Law of the Sea (UNCLOS) concerning issues in the South China Sea including the legality of the so-called "nine-dashed line", the status of certain maritime features and their corresponding maritime entitlements, together with the lawfulness of certain actions by China which the Philppines, in a case brought in 2013, alleged were violations. As having the Tribunal determined that China's claim had no legal grounds in UNCLOS, thus undermining China's claims, and establishing that China has no exclusive legal rights to control the area roughly the size of India. There are some major implications from the Tribunal's ruling in the Arbitration award. These include implications on: how to delimit the maritime boundary in disputed waters, how to promote maritime confidence-building measures, how to safeguard maritime safety and security, and how to promote the rule of law in the SCS. Since its application of UNCLOS in East Asia, it has been obvious that the only way to resolve maritime disputes in the region is to build strong maritime cooperative partnerships under the auspices of the rule of law.