• Title/Summary/Keyword: Legal Requirements

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Effect of the Influential Factors on Brand Equity (브랜드 자산가치의 형성에 미치는 영향요인에 관한 연구)

  • Kang, Seuk-Jung
    • Journal of Global Scholars of Marketing Science
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    • v.8
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    • pp.233-267
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    • 2001
  • The management environment in Korea today is undergoing rapid changes; in particular, domestic corporations and businesses are confronting formidable adversity with IMF crisis and WTO. Though cost cutback, higher quality, rapid production, and diversification of products were accepted as important requirements for competitiveness in the past, they have been replaced by brand power. Consumption patterns have changed their focus from function to image orientation. This is why managers in corporations have invested enormous amounts of resources into producing powerful brands, which can attract consumers' attention greatly enough to improve the image of their products. Brands are regarded as a vital vehicle for marketing strategies and thus as a legal asset. Brands with remarkable and favorable image can secure a loyal consumer groups stable revenues. M & A, currently active between corporations, makes brand equity all the more important. The purpose of the present study was to investigate the effect of internal marketing and increased brand diversification on brand equity by combining them as influential factors with marketing mix factor. For this purpose, literature review was make on previous fragmented studies of influential factors on brand equity build-up. Based on the findings of this study, some operational implications were suggested for marketing managers. The findings and implications of the present study are as follows; First, efficient communication among organization members was found to have a significant effect on product quality. Second, job satisfaction and efficient communication among members was shown to significantly influence price policies. Thirdly, efficient communication among organization workers proved to have a significant effect on distribution strategies. Forth, efficient communication among members was demonstrated to significantly influence advertisement and other public-relations activities. Fifth, opacity of market environment appeared to have a significant effect on product quality, prior market entrance as perceived by organization members turned to be of negative influence on product quality. Sixth, opacity of market environment was found to have a significant effect on price policies. Seventh, opacity of market environment was shown to be of significant effect on distribution strategies. Eighth, grater opacity of market environment proved to improve advertisement and other public-relations activities. Ninth, price policies, distribution strategies, advertisement and public-relations activities were found to have a significant effect on brand equity value. To sum up these findings, in order for corporations and businesses to cope with consumers' needs that are increasingly segmented, internal marketing strategies and brand diversification should be implemented so as to generate greater synergy effect. It is also important to stress that differentiated, higher competitiveness should be secured for Korean corporations and businesses to survive in the drastically changing, globalized market environment. In this regard, continuous and long-term management strategies for brand equity build-up should be ensured and is essential in the present unlimited competition. The last but not least important point to notice is that to increase brand equity value, intensive investment and constant emphasis should be made on internal marketing management on intra-organizational members before strengthening external marketing.

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Analysis of Modality and Procedures for CCS as CDM Project and Its Countmeasures (CCS 기술의 CDM 사업화 수용에 대한 방식과 절차 분석 및 대응방안 고찰)

  • Noh, Hyon-Jeong;Huh, Cheol;Kang, Seong-Gil
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.15 no.3
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    • pp.263-272
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    • 2012
  • Carbon dioxide, emitted by human activities since the industrial revolution, is regarded as a major contributor of global warming. There are many efforts to mitigate climate change, and carbon dioxide capture and geological storage (CCS) is recognized as one of key technologies because it can reduce carbon dioxide emissions from large point sources such as a power station or other industrial installation. The inclusion of CCS as clean development mechanism (CDM) project activities has been considered at UNFCCC as financial incentive mechanisms for those developing countries that may wish to deploy the CCS. Although the Conference of the Parties serving as the Meeting of the Parties to the UNFCCC's Kyoto Protocol (CMP), at Cancun in December 2010, decided that CCS is eligible as CDM project activities, the issues identified in decision 2/CMP.5 should be addressed and resolved in a satisfactory manner. Major issues regarding modalities and procedure are 1) Site selection, 2) Monitoring, 3) Modeling, 4) Boundaries, 5) Seepage Measuring and Accounting, 6) Trans-Boundary Effects, 7) Accounting of Associated Project Emissions (Leakage), 8) Risk and Safety Assessment, and 9) Liability Under the CDM Scheme. The CMP, by its decision 7/CMP.6, invited Parties to submit their views to the secretariat of Subsidiary Body for Scientific and Technological Advice (SBSTA), SBSTA prepared a draft modalities and procedure by exchanging views of Parties through workshop held in Abu Dhabi, UAE (September 2011). The 7th CMP (Durban, December 2011) finally adopted the modalities and procedures for CCS as CDM project activities (CMP[2011], Decision-/CMP.7). The inclusion of CCS as CDM project activities means that CCS is officially accredited as one of $CO_2$ reducing technologies in global carbon market. Consequently, it will affect relevant technologies and industry as well as law and policy in Korea and aboard countries. This paper presents a progress made on discussion and challenges regarding the issue, and aims to suggest some considerations to policy makers in Korea in order to demonstrate and deploy the CCS project in the near future. According to the adopted modalities and procedures for CCS as CDM project activities, it is possible to implement relevant CCS projects in Non-Annex I countries, including Korea, as long as legal and regulatory frameworks are established. Though Korea enacted 'Framework Act on Low Carbon, Green Growth', the details are too inadequate to content the requirements of modalities and procedures for CCS as CDM project. Therefore, it is required not only to amend the existing laws related with capture, transport, and storage of $CO_2$ for paving the way of an prompt deployment of CCS CDM activities in Korea as a short-term approach, but also to establish the united framework as a long-term approach.

A Research on Improvement Measures for Safety Management of Aviation Cosmic Radiation (항공부문 우주방사선의 안전관리 적용을 위한 개선연구)

  • Choi, Sung-Ho;Lee, Jin;Kim, Hyo-Joong
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.215-236
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    • 2016
  • This paper is related to a study on safety management of cosmic radiation in the aviation area, and as a comprehensive study encompassing not only aviation crew but also aviation traffic users, presents issues on an exposure to the cosmic radiation which authors predict may be intensified in a time to come. Although the government of the Republic of Korea has recently activated regulations related to the cosmic radiation, the following improvement measures are further urged to be carried out not only as a regulatory improvement for pushing ahead with effectiveness but also as a supplementary tool. Firstly, a dose limit corresponding to the international standard needs to be applied. Since the dose limit imposed by the Korean government is improperly higher than the international dose limit of the cosmic radiation, the present dose limit needs to be re-established in a range of "not exceeding the international recommendation". Secondly, a new methodology is needed such that aviation companies observe a yearly effective dose limit of passengers. A fact that only aviation crew is specified but passengers are excluded in the related regulation is based on a recommendation presented by the International Commission on Radiological Protection (ICRP). According to the recommendation, Korean government excluded passengers in the "Cosmic Radiation Safety Requirements for Crew". Among the present aviation regulations, there exists a protection standard for protecting aviation traffic users. However, it presents a damage protection only for ticket-related issues. Since this regulatory weakness provides a cause of endangering national health, the authors believe that an improvement in the regulation is needed without sticking to the recommendation from the ICRP. To this end, new regulations are strongly demanded from aspects of not only legal but also regulatory areas. The dose limit in accordance with the international standard is established. However, at least a minute amount of cosmic radiation is continuously acting on all people of Korea. Since more and higher level of cosmic ration may exist in the aviation space, an improved method of representing the minute amount of cosmic radiation in figures. As a result, a desirable regulation may be established for protecting not only crew but also aviation traffic users from being exposed to the cosmic radiation via a legislation of the desirable regulation.

Brief Observation on Arbitration Agreement and Arbitral Award - Focusing on Construction Disputes - (중재합의와 중재판정에 관한 소고 -건설분쟁을 중심으로-)

  • Cho Dae-Yun
    • Journal of Arbitration Studies
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    • v.14 no.1
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    • pp.273-314
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    • 2004
  • There is a belief in the construction industry that the traditional court system may not be an ideal forum to effectively and efficiently resolve construction disputes due to the protracted proceedings and the three tier appeal system resulting in a long delay in the final and conclusive settlement of the dispute, relatively high costs involved, the lack of requisite knowledge and experience in the relevant industry, etc. Hence, they assert that certain alternative dispute resolution ('ADR') methods, such as mediation, conciliation, arbitration or a new system for dispute settlement in the form of any combination thereof should be developed and employed for construction disputes so as to resolve them more promptly and efficiently to the satisfaction of all the disputants concerned. This paper discusses certain merits of such assertions and the need for additional considerations for effective resolution of the construction disputes in light of the complexity of the case, importance of expert witnesses, parties' relationship and non-level playing field of the construction industry and so on. At the same time, however, given the inherent nature of disputes rendering the parties involved in an adversarial position, it would rather be difficult, if not practically impossible, to satisfy all the parties concerned in the dispute. Accordingly, in this study, it is also purported to address the demerits of such assertions by studying the situation from a more balanced perspective, in particular, in relation to the operation of such ADRs. In fact, most of such ADRs as stipulated by special acts, such as the Construction Industry Basic Act of Korea, in the form of mediation or conciliation, have failed to get support from the industry, and as a result, such ADRs are seldom used in practice. Tn contrast, the court system has been greatly improved by implementing a new concentrated review system and establishing several tribunals designed to specialize in the review and resolution of specific types of disputes, including the construction disputes. These improvements of the court system have been warmly received by the industry. Arbitration is another forum for settlement of construction disputes, which has grown and is expected to grow as the most effective ADR with the support from the construction industry. In this regard, the Korean Commercial Arbitration Board ('KCAB') has established a set of internal rules end procedures in operation to efficiently handle construction disputes. Considering the foregoing, this paper addresses the most important elements of the arbitration, i.e., arbitration agreement and arbitral award, primarily focusing on the domestic arbitrations before the KCAB. However, since this parer is prepared for presentation at the construction disputes seminar for the public audience, it is not intended for academic purposes, nor does it delve into any specific acadcmic issues. Likewise, although this paper addresses certain controversial issues by way of introduction, it mainly purports to facilitate the understanding of the general public, including the prospective arbitrators on the KCAB roster without the relevant legal education and background, concerning the importance of the integrity of the arbitration agreement and the arbitral award. In sum, what is purported in this study is simply to note that there are still many outstanding issues with mediation, conciliation and arbitration, as a matter of system, institutional operation or otherwise, for further study and consideration so as to enhance them as effective means for settlement of construction disputes, in replacement of or in conjunction with the court proceeding. For this purpose, it is essential for all the relevant parties, including lawyers, engineers, owners, contractors and social activists aiming to protect consumers' and subcontractors' interests, to conduct joint efforts to study the complicated nature of construction works and to develop effective means for examination and handling of the disputes of a technical nature, including the accumulation of the relevant industrial data. Based on the foregoing, the parties may be in a better position to select the appropriate dispute resolution mechanism, a court proceeding or in its stead, an effective ADR, considering the relevant factors of the subject construction works or the contract structure, such as the bargaining position of the parties, their financial status, confidentiality requirements, technical or commercial complexity of the case at hand, urgency for settlements, etc.

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The Definition and Regulations of Drone in Korea (韓国におけるドロ?ンの定義と法規制)

  • Kim, Young-Ju
    • The Korean Journal of Air & Space Law and Policy
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    • v.34 no.1
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    • pp.235-268
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    • 2019
  • Under the Aviation Safety Act of Korea, any person who intends to operate a drone is required to follow the operational conditions listed below, unless approved by the Minister of Land, Infrastructure, Transport and Tourism; (i) Operation of drones in the daytime, (ii) Operation of drones within Visual Line of Sight, (iii) Maintenance of a certain operating distance between drones and persons or properties on the ground/ water surface, (iv) Do not operate drones over event sites where many people gather, (v) Do not transport hazardous materials such as explosives by drone, (vi) Do not drop any objects from drones. Requirements stated in "Airspace in which Flights are Prohibited" and "Operational Limitations" are not applied to flights for search and rescue operations by public organizations in case of accidents and disasters. This paper analyzes legal issues as to definition and regulations of drones in Korean Aviation Safety Act. This paper, also, offers some implications and suggestions for regulations of drones under Korean Aviation Safety Act by comparing the regulations of drones in Japanese Civil Aeronautics Act.

Analysis of the Operation Status and Function based on the Overseas Accident Investigation Agency (국외 재난원인조사기구의 운영 현황 및 기능분석)

  • Lee, Kyung-Su;Yang, Seung-Ho;Kim, Yeon-Ju;Park, Jihye;Kim, Tai-Hoon;Kim, Hyunju
    • Journal of the Society of Disaster Information
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    • v.17 no.3
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    • pp.442-453
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    • 2021
  • Purpose: The objective of this study is to suggest desirable direction of Korean accident investigation organization by analyzing the operation status and way of overseas developed countries' investigation agency. Method: To accomplish the objective of this study, we were examined four main characteristics of accident investigation agencies of the U.S., Japan, and Sweden, focusing on (1); the background of the establishment, (2);organizational structure, (3);major tasks and functions, (4); accident investigation procedures. Result: First, the purpose of its establishment and task is to prevent recurrence of disasters and accidents, at the same time, administrating and researching duties such as legal system, policy, recommending improvement and conducting scientific disaster-cause analysis to contribute safety for the government. Second, it is operated as an independent organization under the president, not belonging to the ministry, in order to enable fair investigation in an impartial position. Third, it has the authority to be recognized for its expertise in the results of investigation. In other words, it is operated as a permanent organization with professional personnel, and secures authority through the accident research with indepth investigation and high-quality recommendations. Conclusion: The overseas investigation agencies rapidly manage and coordinate their operational practices in order to resolve national requirements and social conflicts with fairness, accuracy and expertise in accident investigations. In order to prevent the recurrence of similar events, Korea needs to efficiently reconstruct its investigative functions distributed by each government department. In addition, institutional improvement is needed to make general adjustments at the national level, organize and operate control tower for when the accident has happened.

Legal Issues in Protecting and Utilitizing Medical Data in United States - Focused on HIPAA/HITECH, 21st Century Cures Act, Common Law, Guidance - (미국의 보건의료데이터 보호 및 활용을 위한 주요 법적 쟁점 -미국 HIPAA/HITECH, 21세기 치료법, 공통규칙, 민간 가이드라인을 중심으로-)

  • Kim, Jae Sun
    • The Korean Society of Law and Medicine
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    • v.22 no.4
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    • pp.117-157
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    • 2021
  • This research reviewed the HIPAA/HITECH, 21st Century Cures Act, Common Law, and private Guidances from the perspectives in protecting and utilitizing the medical data, while implications were followed. First, the standards for protection and utilization are relatively clearly regulated through single law on personal medical information in the United States. The HIPAA has been introduced in 1996 as fundamental act on protection of medical data. Medical data was divided into personally identifiable information, non-identifying information, and limited dataset under HIPAA. Regulations on de-identification measures for medical information, objects for deletion of limited data sets, and agreement on prohibition of data re-identification were stipulated. Moreover, in the 21st Century Cures Act regulated mutual compatibility for data sharing, prohibition of data blocking, and strengthening of accessibility of data subjects. Common Law introduced comprehensive consent system and clearly stipulates procedures. Second, the regulatory system is relatively simplified and clearly stipulated in the United States. To be specific, the expert consensus and the safe harbor system were introduced as an anonymity measure for identifiable medical information, which clearly defines the process while increasing trust. Third, the protection of the rights of the data subject is specified, the duty of explanation is specified in detail, while the information right of the consumer (opt-out procedure) for identification information is specified. For instance, the HHS rule and FDA regulations recognize the comprehensive consent system for human research, but the consent procedure, method, and requirements are stipulated through the common rule. Fourth, in the case of the United States, a trust-based system is being used throughout the health and medical data legislation. To be specific, Limited Data Sets are allowed to use in condition to the researcher's agreement to prohibit re-identification, and de-identification or consent process is simplified under the system.

A Study on Major Safety Problems and Improvement Measures of Personal Mobility (개인형 이동장치의 안전 주요 문제점 및 개선방안 연구)

  • Kang, Seung Shik;Kang, Seong Kyung
    • Journal of the Society of Disaster Information
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    • v.18 no.1
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    • pp.202-217
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    • 2022
  • Purpose: The recent increased use of Personal Mobility (PM) has been accompanied by a rise in the annual number of accidents. Accordingly, the safety requirements for PM use are being strengthened, but the laws/systems, infrastructure, and management systems remain insufficient for fostering a safe environment. Therefore, this study comprehensively searches the main problems and improvement methods through a review of previous studies that are related to PM. Then the priorities according to the importance of the improvement methods are presented through the Delphi survey. Method: The research method is mainly composed of a literature study and an expert survey (Delphi survey). Prior research and improvement cases (local governments, government departments, companies, etc.) are reviewed to derive problems and improvements, and a problem/improvement classification table is created based on keywords. Based on the classification contents, an expert survey is conducted to derive a priority improvement plan. Result: The PM-related problems were in 'non-compliance with traffic laws, lack of knowledge, inexperienced operation, and lack of safety awareness' in relation to human factors, and 'device characteristics, road-drivable space, road facilities, parking facilities' in relation to physical factors. 'Management/supervision, product management, user management, education/training' as administrative factors and legal factors are divided into 'absence/sufficiency of law, confusion/duplication, reduced effectiveness'. Improvement tasks related to this include 'PM education/public relations, parking/return, road improvement, PM registration/management, insurance, safety standards, traffic standards, PM device safety, PM supplementary facilities, enforcement/management, dedicated organization, service providers, management system, and related laws/institutional improvement', and 42 detailed tasks are derived for these 14 core tasks. The results for the importance evaluation of detailed tasks show that the tasks with a high overall average for the evaluation items of cost, time, effect, urgency, and feasibility were 'strengthening crackdown/instruction activities, education publicity/campaign, truancy PM management, and clarification of traffic rules'. Conclusion: The PM market is experiencing gradual growth based on shared services and a safe environment for PM use must be ensured along with industrial revitalization. In this respect, this study seeks out the major problems and improvement plans related to PM from a comprehensive point of view and prioritizes the necessary improvement measures. Therefore, it can serve as a basis of data for future policy establishment. In the future, in-depth data supplementation will be required for each key improvement area for practical policy application.

Recognizing the Value of Religious Cultural Heritage and Establishing a Preemptive Preservation Foundation: A Case Study on Cultural Heritage as Observed at the Headquarters of Daesoon Jinrihoe (종교 문화유산의 가치 인식과 선제적 보전 기반 마련 - 대순진리회 여주본부도장 문화유산을 사례로 -)

  • Ryu Ho-cheol
    • Journal of the Daesoon Academy of Sciences
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    • v.48
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    • pp.337-374
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    • 2024
  • Designating and registering cultural heritages are actions taken to effectively preserve and utilize something's value as a form of cultural heritage. It is the designation and registration of cultural heritage that establishes a legal basis for preservation and utilization. The preservation and utilization of cultural heritage starts with recognizing a given object, entity, or idea's value as a form of cultural heritage. Protecting and utilizing these forms of heritage properly can only occurs after something is recognized as a form of cultural heritage. In light of this, new religions, given their relatively short histories, naturally have fewer sites or objects designated or registered forms of cultural heritage. They tend not to actively recognize the value of the heritage they have inherited. Cultural heritage can be appropriately preserved when we recognize that it has potential value cultural and historical that can be designated and registered in the future. Among the designated and registered forms of cultural heritage, those associated with religious culture account for a large proportion; however, most of these are Buddhist. Since new religions have also been around for over 50 or even 100 years in some cases, they should have a foundation to proactively protect various items, sites, and traditions that may be designated and registered in the future. Selecting and listing forms of cultural heritage to be protected, minimizes further change to instead focus on historical and cultural value. This process also involves preparing internal regulations within the religious community regarding the protection and promotion of research on cultural heritage values, preservation, and management of the selected example of cultural heritage. Furthermore, comprehensive management, including cultural heritage and its surrounding environment, are necessary requirements for this process. Although potentially valuable as forms cultural heritage, many have items and sites end up damaged or go missing before they have a chance to be designated and registered. Establishing a foundation for preserving and managing cultural heritage internally within religious communities is meaningful because it preemptively preserves that value even prior to formal designation and registration. Daesoon Jinrihoe's Yeoju Headquarters Temple Complex, houses objects that have obvious value as cultural heritage such as Cheonggye-tap Pagoda. This pagoda and other comparable items at the headquarters should be properly and preemptively preserved in light of their cultural value.

Cases and Legal Issues For 119paramedics in Mental Emergency Situations (정신응급상황에서 119구급대원 대응사례와 법적쟁점)

  • Young Pyo Hong
    • The Korean Society of Law and Medicine
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    • v.25 no.1
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    • pp.87-115
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    • 2024
  • In Korea, exposure to stress has been accompanied by mental pain in the process of achieving many growth along with rapid development, various social problems, and the frequency of emergency hospitalization is increasing.. In the case of mentally ill patients, "unwanted hospitalization" is a problem, and police and 119 paramedics try to suppress the body of mentally ill patients, and many problems are exposed This is because the constituent requirements of the provisions of emergency hospitalization under the Mental Health and Welfare Act do not reflect reality, and each institution has a different position on one mentally ill person, and emergency hospitalization does not proceed smoothly or leads to friction between related organizations, and the safety of the mentally ill or others is not secured. Emergency hospitalization is defined as "a person who finds a person who is presumed to be mentally ill and is at high risk of harming his or her health or safety or others," and if the situation is so urgent that he or she cannot afford time to go through the hospitalization procedure to decide on his or her own hospitalization, he or she can request emergency hospitalization with the consent of a doctor and a police officer. In this case, 119 paramedics are escorted to a psychiatric institution. This provision of emergency hospitalization poses many problems in the process of transferring to psychiatric institutions. If a police officer or 119 paramedics in charge of practice use "physical force" during the emergency hospitalization process, side effects will inevitably occur, and professional negligence can be a problem. Specifically, when exercising physical force, the minimum necessary physical restraint based on laws and regulations and proportional principles is required, and the lack of the duty of care of 119 paramedics or police officers under the laws and regulations will eventually be resolved by applying other laws and regulations. Accordingly, it will be an opportunity for mentally ill patients to be transferred to psychiatric institutions in a safe environment by changing the subject of emergency hospitalization provisions under the Mental Health Welfare Act, defining and prescribing the use of physical protection guards as the enforcement regulations of the Mental Health Act, setting the duty of care for 119 paramedics and police officers, and creating an environment for transportation so that mentally ill patients can be treated safely.