• IE interfaces
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• v.13 no.1
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• pp.133-140
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• 2000

As the internet dramatically grows, internet electronic commerce is being increased. But, as products distributed with ESD(Electronic Software Distribution) are in the form of electronic file, it is difficult to prohibit illegal copy of products. Therefore, new technology is needed to distinguish legal products from illegal ones. In this paper, we present the ESD's requirements, characteristics and a new dynamic license management technology to prevent illegal copy.

• Journal of Arbitration Studies
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• v.22 no.3
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• pp.47-69
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• 2012

This paper investigates the U.S. courts'attitudes toward the legal doctrine of adhesion contracts, which have been employed as contract defenses by individual consumers who have entered into consumer arbitration agreements with businesses. Some requirements have been added to the sole adhesiveness of the arbitration clause that can invalidate the arbitration clause, including unconscionability and unreasonable harshness. It seems that the U.S. courts have moved toward a more tightened stance in evaluating the validity of consumer arbitration clauses, favoring consumer arbitration.

• Journal of Information Technology Services
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• v.19 no.3
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• pp.57-73
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• 2020

The proportion of digital evidence in criminal cases has increased, while at the same time, the spread of the Internet has made it easy to delete information that is stored in another place and thus, the Internet is being used to delete online criminal evidence. To respond quickly and effectively to cybercrime, 29 countries signed the Convention on Cybercrime in 2001 through the Council of Europe. Article 16 of the Convention relates to the expedited preservation of stored computer data and requires signatories to adopt legislative measures to enable its competent authorities to order expeditious preservation of specified computer data where there are grounds to believe that the data is particularly vulnerable to loss or modification. More than 60 countries have joined the Convention since 2001 and have made efforts to improve their legal system in line with it. The United States legislated 18 U.S.C. § 2703(f) to preserve electronic evidence pending the issuance of a court order. The German Code of Criminal Procedure §§ 94~95 allows prosecution authorities to seize evidence or issue production orders without court control in urgent circumstances. A custodian shall be obliged to surrender evidence upon a request that evidence be preserved, and non-compliance results in punishment. Japan legislated the Criminal Procedure Act § 197(3) and (4) to establish a legal base for requesting that electronic records that are stored by an ISP not be deleted. The Korean Criminal Procedure Act § 184 outlines procedures for the preservation of evidence but does not adequately address the expeditious preservation of digital evidence that may be vulnerable to deletion. This paper analyzes nine considerations, including request subjects, requirements, and cost reimbursement to establish directions to improve the legal system for the expedited preservation of digital evidence. A new method to preserve online digital evidence in urgent cases is necessary.

• The Journal of Information Technology
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• v.4 no.3
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• pp.1-17
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• 2001

This study is to examine some legal problems of cyber trade transactions and to suggest some policy implications to vitalize cyber trade by internet accomplishes electronic business from all process integration of production, marketing and customer service. However, there are some legal problems for the electronic commerce to be used in international trade activities such as trade contract transport documents and payment systems by internet. First international trade rules have to be legislated so that electronic documents has same legal function like traditional documents. Also electronic signature must has authenticity, integrity, non-repudiation, writing and confidentiality. Second, traditionally international payment systems such as letters of credits, remittance, documentary collections and open account have been operated as an important and popular method of payment. In the modern world of electronic commerce, information technology has made it possible to pay for the sale of goods and services over the internet. The payment methods such as Credit Card, Debit Card, Electronic Cash, Electronic Fund Transfers enable partly sellers, buyers and service providers to settle payment electronically through the internet. To settle the problems of payment systems, the security requirements for safe electronic Payments such as authenticity, integrity, non-repudiation have to be guaranteed. Also, electronic data interchange in transport documents has to be adopted and negotiability of electronic bills of lading has to be guaranteed. Electronic payment systems through SWIFT enable the sellers and the buyers to conduct and settle international business-to-business electronic commerce in case of solving the above problems and harmonizing the Bolero project.

• International Commerce and Information Review
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• v.10 no.4
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• pp.395-416
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• 2008

The advance information for oceangoing cargoes destined to th United States enable CBP to evaluate the potential risk of smuggling WMD and to facilitate the prompt release of legitimate cargo following its arrival in the Unites States. On January 1, 2008, CBP promulgate regulations, also known as 10+2 rule, to require the electronic transmission of additional data elements for improved high-risk targeting, including appropriate security elements of entry data for cargo destined to the United States by vessel prior to loading of such cargo on vessels at foreign seaports. The potential impact to an importer's international supply chain will be as follows ; Firstly, importers will take incremental supply chain costs and filing costs. Secondly, anticipate delay in shipment of containerized cargo. Thirdly, importers could be charged fines if they fail to file and file inaccurate or missing data. Companies exporting to the United States should be interested in 10+2 rule, analyze their current processes and procedures to ensure that they are prepared to handle the additional filing requirements of 10+2 rule. And they should focus on how 10+2 impacts their supply chain in terms of costs and sourcing. They will be necessary to revise service legal agreements with their forwarders, customs brokers or carriers in order to meet filing requirements of 10+2 rule.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.61
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• pp.213-245
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• 2014

This study has significance in examining the formation requirements and notes for concluding the guarantee contract of minimizing interests and conflicts with the concerned parties by examining issues related to the legal relation and demand payment in the concerned parties and by figuring out the provisions of conformity related to the requirements for demand payment pertinent to the documentary provision in relation to characteristics of demand guarantee. What the concerned parties of using demand guarantee grasp the requirements for demand payment of being compliant with the essence and the guarantee condition of the demand guarantee will lead to possibly preventing a dispute caused by disagreement and being secured the fulfillment of underlying contract. To fulfill a underlying contract that is the objective of issuing the demand guarantee, an effort is needed that minimizes a contract-based risk and a cost by being fully aware of a relevant rule that will be recorded in the terms of payment in the demand guarantee, by reflecting the interests between the concerned parties, and by discussing the payment terms.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.37
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• pp.3-33
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• 2008

This study primarily concerns the seller's duty to deliver the goods in conformity with the contract under the United Nations Convention on International Sale of Goods(1980) in comparison with the Draft Principles of European Sales Law. It describes and analyzes the provisions of the CISG as to the seller's duty, focusing on main controversial issues among scholars in their application. It also attempts to compare the rules of the CISG with those of the Draft PESL and to evaluate them in light of the discipline of comparative law. This is for the purpose of facilitating the systematic development and reform of one jurisdiction by any solution from the other jurisdiction found by the comparative study. In addition, this study provides legal and practical advice to the contracting parties when they intends to insert the CISG or the Draft PESL in their contract as a governing law. The comparative study particularly focuses on the following aspects; first, requirements for conformity with the contract which deals with the concept of conformity with the contract, contractual requirements agreed between contractual parties, and implied requirements otherwise not agreed between contractual parties, second, the time when the goods must be in conformity with the contract, third, exclusions of the seller's duty to deliver the goods in conformity with the contract.

• Journal of the Korean Society of Systems Engineering
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• v.18 no.1
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• pp.33-45
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• 2022

This paper relates to the improvement application of operation requirements documents(ORD) on which empirical researches are not sufficient. The application of ORD was drawn up and operated in the acquisition phase, and recently it was decided to apply it in the requirements planning phase. However, the reality is that there are deficiencies in the performance of works, such as the classification of works among related organizations. Therefore, this study analyzed the cases of writing ORD that have been promoted so far, and Its status was enhanced by reflecting it in laws and regulations. In addition, the concept was redefined, and improvement measures such as the level of writing ORD were suggested for each acquisition stages. Above all, it is desirable to incrementally supplement and develop from preliminary conceptual research in the planning stage and drafting at the military level. In addition, the relevant legal system should be supplemented so that such ORD application can be flexibly established in defence acquisition.

• Journal of Yeungnam Medical Science
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• v.40 no.1
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• pp.58-64
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• 2023

Background: A group health service is a system that delegates workplace health management to an entrusted institution. There have been various studies on group health services to date, but recent changes, such as an increase in foreign workers, are rapidly changing industry characteristics. Methods: Satisfaction was assessed using a 27-question survey distributed among 203 workplaces employing health professionals. The survey items consisted of general characteristics, comprehensive satisfaction, requirements for health professionals' work, and satisfaction with work environment management, ergonomic management, and healthcare management. Multiple regression and frequency analyses were performed. Results: The comprehensive satisfaction was 4.08 points on average, out of 5. The comprehensive satisfaction of health professionals in the industry was positively correlated with each factor. Hazardous materials and chemical management (material safety data sheets, MSDSs) were the most common requirements. Conclusion: A low level of satisfaction with work environment management indicates high demand for healthcare management. The working environment should be improved by identifying characteristics of the workplace, examining harmful substances, inspecting equipment, and enhancing worker methods. The shorter the work experience of health professionals, the more dependent they are on group health services. The variables affecting comprehensive satisfaction were the period of work, healthcare management satisfaction, and work environment management satisfaction. Most of the requirements of health professionals in the workplace were practical improvement case presentations, MSDSs, and legal document management.

• Korean Journal of Construction Engineering and Management
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• v.17 no.6
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• pp.24-30
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• 2016

Building Information Modeling, and its associated work practices, requires project participants to share not only 3D geometric data, but also information in the model that may be considered proprietary and even trade secrets. Thus protection of intellectual property, or BIM copyrights, must be in place for participants to share proprietary information among project stakeholders. Currently Korea does not have adequate copyright laws or mechanisms to provide such protection. This research examined three BIM copyright legal documents, namely U.S.' ConsensusDOCS 301, AIA Document E203/G202, and U.K.'s CIC BIM Protocol to determine how copyright protection is realized, and to formulate appropriate stipulations within the Korean construction context. The resultant requirements include stipulating ownership at to the BIM originator, adopting a license-sublicense scheme, employing a federated model, and use of a formal model delivey table to allocate responsibilities. Given Korea's adoption stage, liability should be minimal, and license revocation should be allowed if payments are not met. The three BIM legal documents focus on practical measures that allow participants to customize requirements for individual projects, and such conventions should be emulated in Korea.