• Journal of the Korean Academy of Child and Adolescent Psychiatry
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• v.24 no.2
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• pp.78-82
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• 2013

Child labor is being recognized as the key issue of human rights, and the International Labor Organization and the Convention on the Rights of the Child emphasize that children are individuals with dignity and rights. Male and female child actors belong to a profession with wide public exposure and there is a potential danger of invading classes and roles not matching the developmental stage of the child. In this study, we would like to discuss international and domestic laws and future complementary measures surrounding legal and institutional issues that need to be considered for child actors. Although the basic rights for child workers are stated in the Constitution Article 32 Paragraph 5 and Labor Standards Act Articles 64 through 70, they are insufficient. Following the revised broadcasting deliberation regulations by the Korea Communication Commission and amendment of the Juvenile Protection Law, several changes are taking place in the working environment. In certain foreign places such as California, United States, the economic and educational rights of male and female child actors are being protected. Although legal and institutional frameworks for the male and female child actors are being reinforced, more consistent devices are needed. Consideration for working hours, regulations to keep up with learning while working, and preparation for physical and emotional influences are required to keep up with international changes.

• Journal of Arbitration Studies
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• v.8 no.1
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• pp.221-241
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• 1998

Though the arbitration agreement is a means to resolve disputes autonomously in essence, the Principle of Parties Autonomy and the Principle of Free Contracting can not be applied infinitely without any limitations but subject to the Public Policy and the Compulsory Provisions as established by an interested country. Such principle of law is applied to international arbitration agreements as well, but their validity should be determined by different standards from those in domestic arbitration agreements, in consideration of their internationality. The essential effect of arbitration agreement is to exclude from the jurisdiction of State courts. Depending upon definition of the legal nature of arbitration agreement, the range and contents of the effect of such agreement will vary. Whether State courts can intervene in claims related to Compulsory Provisions is an issue at the level of legislation policy which can not be easily concluded. But, the applicability of Compulsory Provisions can not serve as an imperative ground to deny the eligibility of claims for arbitration, so far as such claims can be disposed of by the parties. On the other hand, it is reasonable to view the arbitration agreement as a substantive contract in its legal nature enabling the authority for dispute resolution to be delegated to arbitrator, so that the Principle of Parties Autonomy can be widely applied throughout the arbitration procedure as well as with other legal acts on private laws. With this, the parties can enjoy an arbitration award appropriate for characteristics of a specific arbitration agreement, thus resulting in facilitating the use of arbitration procedure for international trade activities. To conclude, the Public Policy and the Compulsory Provisions as limitations on arbitration agreement should be applied to such an extent that they can protect States basic moral faith and social order.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.65-84
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• 1999

During the past few decades, we have witnessed three approaches to overcome the legal disparities between trading countries: - determining the individual governing law in accordance with the conflict of laws principle; - unifying and harmonizing private international law into uniform rules and substantive laws under the auspices of ICC, UNCITRAL, UNIDROIT and various NGOs ; and - drafting model laws like the UNCITRAL Model Law on Electronic Commerce and promoting member countries to enact them. Against this backdrop, the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the process by which it was adopted, established the benchmark for the unification of commercial law. The CISG, completed in 1980, merged civil and common law concepts and came into force in 1988 after a certain number of countries endorsed the treaty. Besides the CISG, the U.N. Limitations Convention and the UNIDROIT Principles of International Commercial Law, to name a few, have attempted to set cross-border legal norms and standards in the international business transactions. However, since the advent of computer-based commerce, there have emerged all-out efforts to establish uniform rules before national legal systems have been developed. As a consequence, the Model Law on Electronic Commerce has become a specimen legislation covering functional equivalents of paper-based writing and signature. For the credit enhancement exemplified by the Uniform Rules for Demand Guarantees (ICC Publication No.458), the UNCITRAL prepared the U.N. Convention on Independent Guarantees and Stand-by Letters of Credit, which was adopted by the U.N. General Assembly in 1995 but remains still not effective as only two countries have ratified this treaty so far. In this connection, two draft conventions underway at UNIDROIT and UNCITRAL deserve our attention as the probability of unification in the Korean Peninsula is mounting. They are to create security interests for commercial finance in moveable equipment and accounts receivable. The UCC-type security rights are regarded to be useful to enable the North Koreans with limited properties to borrow from the banks.

• Journal of Arbitration Studies
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• v.23 no.4
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• pp.97-122
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• 2013

Vietnam has become an attractive destination for foreign investors, but confidence in the country's legal system to resolve commercial disputes remains low. Reasons include the lack of an independent judiciary, the lack of published court decisions, and a tendency to criminalize civil disputes, among others. As such, arbitration has become a preferred alternative to litigation. On June 17, 2010, the National Assembly of Vietnam passed a new act on commercial arbitration replacing the July 1, 2003 ordinance on commercial arbitration. The new act will take effect on January 1, 2011, and it is widely expected by the Vietnamese legal profession and lawmakers will create a favorable legal framework for the expansion of the arbitration service market in Vietnam. The new act is inspired by the UNCITRAL Model Arbitration Law of 1985 as are most new arbitration laws throughout the world. As opposed to the 2003 ordinance, the 2010 Act allows parties to request interim relief from the arbitrators. Also the new act eliminates the mandate that arbitrators be Vietnamese. The law has addressed the ordinance's shortcomings and reflects international standards. Commercial arbitration law is an important milestone in the improvement process of the laws on commercial arbitration in Vietnam. However, it is still too soon to affirm anything definitely because there remain many obstacles to the activation of arbitration. Rule of law and business cultural factors are important. The leading arbitral institution, VIAC, which is attached to the Vietnam Chamber of Commerce and Industry, is expected to play an important role for boosting the competitiveness of Vietnamese arbitration as an avenue to dispute settlement.

• The Journal of Information Systems
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• v.30 no.4
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• pp.119-152
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• 2021

The concept of Self-Sovereign Identity (SSI) has emerged to overcome the limitations of traditional centralized personal identity management systems in our society. Therefore, in this study, 36 seminal researches out of 112 collected studies were investigated with a systematic literature review method to deliver a core common definition as well as the research trends on SSI in the socioeconomic, legal and technological fields. SSI studies in the legal field have mainly considered the conflicts with relevant laws such as General Data Protection Regulation (GDPR) and privacy protection laws. The study of SSI in the technology field have looked at the trends of the technical components to implement SSI and discussed the necessities of establishing standards to increase interoperability for SSI diffusion worldwide. This study ultimately derived the core definition of SSI from a various academic fields as "a trust-based personal identity management system that enables autonomous self-identification by a identity owner without a centralized system or 3rd party intervention". The results of this study contribute to the understanding of the essential SSI concept which were varied on different research fields and industries. The results also provide a foundation for discovering various SSI-based business models, applications as well as future research opportunities. Furthermore, this study suggested that SSI must be developed with interdisciplinary manner among the socioeconomic, legal, and technological fields to be practically applicable system to enable autonomous self-identification by a identity owner in our society.

• Smart Media Journal
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• v.11 no.5
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• pp.63-74
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• 2022

Initial public offering (IPO) has a legal framework for investor protection, and because there are various quantitative evaluation factors, objective analysis is possible, and various studies have been conducted. In addition, crowdfunding also has several devices to prevent indiscriminate funding as the legal system for investor protection. On the other hand, the blockchain-based cryptocurrency white paper (ICO), which has recently been in the spotlight, has ambiguous legal means and standards to protect investors and lacks quantitative evaluation methods to evaluate ICOs objectively. Therefore, this study collects online-published ICO white papers to detect fraud in ICOs, performs ICO fraud predictions based on BERT, a text embedding technique, and compares them with existing Random Forest machine learning techniques, and shows the possibility on fraud detection. Finally, this study is expected to contribute to the study of ICO fraud detection based on quantitative methods by presenting the possibility of using a quantitative approach using unstructured data to identify frauds in ICOs.

• Journal of Wellbeing Management and Applied Psychology
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• v.6 no.2
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• pp.15-26
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• 2023

Purpose: It is necessary to prepare more groundbreaking measures to prevent recurrence in order to reduce the number of industrial accidents in Korea that occur steadily. In particular, since workers with disabilities are much more vulnerable to disaster safety than non-disabled workers, there is a great need to build a customized safety environment system suitable for the characteristics of the work in which workers with disabilities work and to promote management efficiency. Research design, data and methodology: Based on the analysis of the actual status of safety and health management of workplaces for the disabled, such as small, medium-sized and major businesses in Korea, an app was designed and developed to improve safety and health management efficiency of workplaces for the disabled. First, it was designed so that managers of workplaces with disabilities can understand at a glance key legal information that managers need to know and it was improved to suit the eye level of disabled workers so that they could self-evaluate the risk of their work by applying the risk assessment model for workplaces with disabilities. In addition, a mobile education environment was created in which safety and health education contents suitable for the characteristics of disabled workers can be learned by themselves. Results: When this app is applied to domestic workplaces, it is possible to check the exact contents of occupational safety and health education and easily search and check various legal information anytime, anywhere, allowing managers and disabled workers to quickly and efficiently manage various safety information. Conclusions: In addition, the establishment of a mobile safety and health management system that can quickly identify and clearly respond to various legal standards and risks of workplaces with disabilities can be expected to help prevent industrial accidents at workplaces with disabilities in Korea.

• The Journal of the Korea Contents Association
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• v.13 no.6
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• pp.380-389
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• 2013

The nurse staffing level in the acute care hospitals affects patient safety and performance, and the nurse staffing legislation can be an important tool to guarantee the minimum nurse staffing. In Korea, although the medical law suggests the nurse staffing standards, it is necessary to revise the medical law for quality of nursing care and patient safety. Firstly, the nurse staffing standards in the current medical law enacted in 1962 needs to be revised to reflect changes in health care environment. Secondly, legal nurse staffing standards in the medical law are the minimum nurse staffing that medical institutions should comply with and thus must be managed so that all medical institutions should abide by them. Thirdly, the nurse staffing standards should apply on the basis of RN-to-patient ratios per shift in order to help patients understanding and ensure the easy management. Fourthly, the information of nursing staff level by the nursing unit and nursing shift in hospitals shall be released.

• Journal of the Korean housing association
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• v.26 no.6
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• pp.191-198
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• 2015

The domestic housing paradigm has changed from quantitative growth to qualitative growth, and demands for pleasant living environment and meeting basic living conditions have increased due to increased living standards of the people. In a related move, the Ministry of land, Infrastructure and Transport introduced "long-life housing construction standards" in the Article 21 paragraph 6 of the Housing Act through a revision of the Housing Act in December 2014, devised detailed criteria and enforced the Ministry of Land, Infrastructure and Transport, titled "long-life housing construction certification standards" which require long-life housing certification in construction of apartment houses that accommodate more than 1,000 households. In this regard, A survey of consumers was conducted to collect opinions about consumers' perception and requirements regarding long-life housing, and thus to promote long-life housing and improve certification system criteria. The general public who wish to purchase housing were selected as the subjects for the present study, and the survey was conducted at the site of apartment house PR hall in Seoul and Gyeonggi-do as of January 2015. The result of this study is an opinion survey of long-life housing consumers. For future work, additional research is needed to establish legal standards and devise support systems, along with technology development for long-life housing.

• Journal of Arbitration Studies
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• v.8 no.1
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• pp.323-352
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• 1998

Documentary letters of credit including standby letters of credit are governed by the independence or abstraction rule and the doctrine of strict compliance. Since the former rule requires the issuing bank to honor the drafts regardless of the defective performance of the underlying contract, the applicant(the customer) will be without a remedy if he is unable to make himself whole by litigation on the underlying contract. Therefore, the applicant is exposed to a risk much higher than in the commercial letters of credit. The Uniform Customs and Practice for Documentary Credit(UCP) has no provisions allowing legal relief for the applicant on the abuse of L/C by unscrupulous beneficiary, but UCC ${\S}5-114$ has provision allowing injunctive relief for the applicant. In this paper, I attempted to clarify certain standards of injunctive relief available for the customer in the credit. When there is fraud in the L/C transaction by any of the parties concerned, we must weigh the principle of independence or abstraction and the fraud rules. According to banking practice and judicial precedence, we need not keep the principle of independence and abstaction even in fraudulent transaction and the bona fide sufferer must be protected. The purpose of this paper is to review the studies of Fraud rule and the Injunction and to suggest the applicable standards for the Injunction therory under letters of credit. Specially this paper analysed the following ; (1) the guideline for the fraud (exception) rule to the autonomy principle, (2) the appilcable standards of the Injunction, and (3) the implications on parties concerned in letters of credit transaction. Conclusively, the Injunction should be granted if (1) there is clear proof of fraud (2) the fraud constitutes fraudulent abuse if the independent purpose of L/C (3) irreparble injury might follow if injunction is not granted or the recovery of damages would be seriously endangered.