• Title/Summary/Keyword: Legal Study

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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.

A Study on the Reform Model of Legal Deposit System in Korea (한국의 납본제도 개선모형에 관한 연구)

  • Yoon, Hee-Yoon
    • Journal of the Korean Society for Library and Information Science
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    • v.37 no.4
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    • pp.24-52
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    • 2003
  • In digital environment the hallmark of the national libraries is its responsibility or function of acquiring and preserving the county´s off-line and on-line publications in term of legal deposit. But the legal deposit system based on print materials in Korea predates the digital age and requires a new legal framework. It would be a tragedy if national library was not to archive the nation´s intellectual and cultural heritage because of limitation of legal deposit system. The purpose of this paper is to analyze form of the current deposit system and to suggest a reform model for legal deposit legislation with priority given to legal scheme and elements(terms, the depositor, the depository, object of deposit, number of copies, time of deposit, compensation and fine, right of migration and free access, etc.).

Virtual currency and confiscation

  • Lee, Ju-Il
    • Journal of the Korea Society of Computer and Information
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    • v.23 no.5
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    • pp.41-46
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    • 2018
  • This study focuses on the legal concept of virtual money, focusing on the case of how we can change the framework of fixed thinking about our trade concept and money with the fourth industrial revolution. The legal character of the virtual money, which played a role as a means of trading in crime, could be discussed, and the court could put it in the category of " property " as a subject of confiscation. Many people are expressing empathy for the fact that there will be many traits in the future world that are difficult to predict. At this side, when the legal validity of the advantage is not recognized as the legal money yet to be recognized as the legal currency, it begins to be discussed as a necessary means of trading between individuals, businesses and individuals. Defining a legal character can be very significant in determining policy direction related to future operations of virtual money. But to date, it is very difficult to establish the legal character of virtual money through existing legislation. Therefore, as we looked at in this case, we examined whether the property was subject to the seizure of the profits from the crime. Attention was also given to the possibility of such abuse of virtual money and whether effective legal interpretation was possible for the categories of assets subject to seizure.

Legal Considerations to Make a Successful Corporate Decision: Evidence from Prior Literature Analysis

  • KIM, Young-Dae;KOH, Jae-Jong
    • East Asian Journal of Business Economics (EAJBE)
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    • v.10 no.2
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    • pp.71-80
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    • 2022
  • Purpose - It is chaotic when doing a business without legal patterns and rules; individuals who make legal decisions without legal consideration are often protecting their interests and forgetting others. This study aims to suggest key solutions how companies can make better decision based on legal considerations through investigation comprehensive literature analysis. Research design, Data, and methodology - This research conducted qualitative textual method and a technique called 'Qualitative Comparative Analysis' (QCA) can be used to understand better why certain things change while others do not. In tough situations, QCA is a strategy for comparing several occurrences. Result - Total six considerations were founded by the QCA for better corporate decision. Based on these considerations, all stakeholders, shareholders, and every employee should nominate and vote on one person to be their leader in the organization; fair practices in choosing the governor of the organization through legal binding will bring peace and order to the company. Conclusion - It was time consuming to go through every detailed material that entails legal consideration in making corporate decision. The concept of same profile in the research is critical whereby many authors are using same concept to write their articles and books. Using pure concept from one source limits the research and gives inadequate information.

A Study on Force Majeure and Hardship in the International Sales Laws (국제상거래법상 Force Majeure와 Hardship에 관한 고찰)

  • OH, Hyon-Sok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.179-199
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    • 2016
  • There is legal relation between both parties after contract formation. The parties are liable for performing each duties but a party is not liable for a failure to perform the duties if party proves that the failure was due to the force majeure. The forec majeure has different concepts and legal principles such as change circumstance, hardship, frustration, impediment and so on. Therefore, it need to analyze a historical background and their presence in various domestic legal systems. Although the CISG describes Art. 79 impediment instead of using the force majeure, the impediment has several interpretative limitation. The CISG pursue to harmonize divergent legal concepts and principles from various national laws and legal systems but the harmonization of legal systems make the impediment more confused. The article goes on to analyzes about limitation of the impediment and reviews to examine the force majeure and hardship in PICC. Thus both parties of international contract insert hardship clause in order to prevent the problem of judgment in a court or a court of arbitration under impediment of CISG.

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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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A Study on the Legal System of SI Contract (SI 계약의 법적 성격에 대한 연구)

  • Kye, Kyoung-Moon
    • Journal of Information Technology Services
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    • v.2 no.2
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    • pp.31-38
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    • 2003
  • The rapid growth of Korean SI (System Integration) industries have established the largest marketplaces in Korea. Due to the characteristics and importance of SI industry, SI contract between developer and outsourcer is very much important. SI contract have the specific legal characters of undertaking, trust, mandate and etc. However, this paper attempts to establish the particular legal system of SI contract.

Dental hygiene students' awareness of their legal scope and petition for medical personnel (치과위생사의 법적업무범위와 의료인화에 대한 치위생학 전공 학생들의 인식)

  • Kim, Myoung-Hee;Lim, Youn-Hee;Lee, Kyung Ae;Kim, Su Jin;Kim, Yun Ji
    • Journal of Korean Academy of Dental Administration
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    • v.6 no.1
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    • pp.36-42
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    • 2018
  • This study aimed to assess dental hygiene students' and other medical personnel's knowledge of dental hygienists' legal responsibilities. A self-reported questionnaire was conducted for 2 weeks from March 25 to April 9, 2017. One of the main questions focused on the legal scope of practice for dental hygienists according to current medical technicians. A total of 298 subjects' responses were analyzed. We found that 62.1% of the respondents were aware of dental hygienists' legal responsibilities. Of the dental hygiene students surveyed, 93.6% replied that they were aware of other medical personnel's expectations. Responses to 12 legal questions were shown to have different distributions depending upon the level of dental hygienist education. Overall, knowledge of dental hygienist legal responsibilities was more comprehensive for senior students in each legal topic. However, few students (1.7%) answered all 12 legal questions correctly. In conclusion, dental hygiene students' awareness of their profession's legal scope should be improved. In addition, the Korean Dental Hygienists Association needs to more actively promote understanding of the profession's legal scope as well as of medical personnel's expectations of dental hygienists' legal roles.

A Study of Health Care System Housing and Environment of the Elderly (고령세대의 환경과 헬스 케어 시스템 주택에 관한 연구)

  • Kim, Jeong-Ja;Kim, Jin
    • The Journal of the Korea institute of electronic communication sciences
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    • v.7 no.4
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    • pp.925-930
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    • 2012
  • In the current legal system, establishing aging friendly house based on health-care for the senior people over 65 seems hard to be achieved. For these reasons, this study is intended to explore the improvements in the legal system using the comparative analysis in the domestic legal systems. The related legal system is divided into two sections - healthcare system house and senior house. It is very limited only th exchange the information with medical teams. Thus, we need to investigate th concept and all the matters of health-care on the basis of cases. From these results, we are aware of the necessity of the improvements of the health-care system, and suggest plans for these problems. That is to organize the legal system, and make a new law through revising the current specific identification.

A Comparative Legal Study on the Electronic Transactions Act in Thailand (태국의 전자거래법에 대한 비교법적 고찰 - 전문 및 일반규정을 중심으로 -)

  • Shim, Chong-Seok;Oh, Hyon-Sok
    • International Commerce and Information Review
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    • v.12 no.4
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    • pp.405-427
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    • 2010
  • This legal study is to compare the Electronic Transactions Act in Thailand(hereinafter 'ETA') with mainly other countries electronic transactions acts, such as UNCITRAL MLEC, UECIC, VETA, UCITA and Korea' Electronic Transactions Act The ETA is consisted of 6 chapters which included preamble and definitions. Each chapter's main point as follows. Preamble is related to the name, time of legal effect, scope and definitions. Chapter 1 is not only general principles of electronic transactions, required restriction in addition to specify the limit of application, documentation, evidential weight in reference to the data message, but also the conditions of offer and acceptance through data message, time and place of dispatch and receipt of data message, certification between origination and addressee. According to media-neutrality and the effectiveness security requirement of data message under the information system, legal certification is related to the exchange's declaration of intention, define about origination-addressee of data message. Chapter 2 is composed to provide expressly about the effectiveness security in electronic signature. Those contents are to compare the MLEC, UECIC and Electronic Transactions Act in Korea. Chapter 3 is related to legal definitions that present legal requirement about service relating electronic transaction which contents accept domestic law, the adequate requirement as eligibility, satisfied matter, self-reliance ratio of finance and other detail standard Chapter 4 is deal with the transaction which are public sector and those application requirements. And also this chapter are composed regulations about direct-indirect purpose of Thailand domestic electronic government.

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