• 국제지역연구
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• 제18권3호
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• pp.147-173
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• 2014

평균 9% 성장이라는 외적인 성과와 달리 소득 격차, 빈부 격차 및 지역 격차 등의 사회적인 문제는 중국이 지금까지 이어온 성장세를 지속할 수 없을 것이라는 부정적 견해의 주요 원인이 되었다. 이러한 이유로 중국 정부는 CSR에 대한 제도적인 규정이 기업의 지속가능한 발전을 위한 선택적 사항이 아닌 필수적인 사항임을 인식하기 시작하였다. 특히 11.5규획이 시작되고 3차 개정 "회사법"이 시행된 2006년은 중국의 CSR 원년이라고 할 수 있다. 11.5규획에서 CSR을 처음 언급하며 사회적 관심을 불러일으켰다면, 개정 회사법에서는 사회적 책임이라는 단어를 처음으로 법률 조항에 삽입시켰다. 그리고 12.5규획에서는 '지속가능한 발전'을 핵심목표로 설정하고 본격적으로 CSR에 대한 구체적인 방안을 기업정책에 반영하고 있다. 은행의 사회적 책임은 은행고유의 산업적 특징으로 인하여 일반기업보다 더 구체적이고 강제적인 규정을 마련하고 있다. 우리나라 은행이 중국시장에 성공적으로 진출하고 안정화하기 위해서는 중국정부의 거시정책을 반영하고 적절한 대응방안을 마련하는 것이 중요할 것이다. 이에 본 논문에서는 중국정부의 중요 거시정책 중 하나인 CSR을 중심으로 논의를 전개하였다. 특히 상업은행의 사회적 책임이 은행법 체계에 어떻게 반영되어 있으며 문제점이 무엇인지, 그리고 향후 상업은행의 사회적 책임과 관련한 입법 방향에 대하여 연구하여 전략적 시사점을 제공하고자 하였다.

• Journal of Sport and Applied Science
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• 제2권1호
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• pp.11-23
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• 2018

In spite of importance of safety issues in community sport, little concerns have been paid to the sport safety policy. Governing bodies and individuals involved with the facility management have a responsibility to manage the risks at acceptable levels. For sports injury prevention interventions, the safety policy of sport facilities should be made to provide a structured framework which can be implemented at community sport. Hence, the current study is to identify the safety issues and to generate the policies that assist to conduct the systematic safety management at sports facilities. For this, the current study analyzed two cases from Japan and Germany. The study reviewed multiple pieces of literature including journal publications, political reports, and media coverage. Through review, the study analyzed the organizational structure, legal systems, and political stance of the safety management of sport facilities in Japan and Germany. The results proposed the following issues. First, law needs to be enacted to establish the control tower where has a responsibility to develop the safety manual and system. Second, local organizations need to be established to educate individuals working in sport facilities and inspect the facilities. Further political issues were discussed for safety management in Korea sport facilities.

• 의료법학
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• 제7권2호
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• pp.113-136
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• 2006

In recent years, as well as the other countries, medical dispute cases increase continuously in China. one of the reason that medical cases increase rapidly like this is after reformation and opening people's sense of independence, law and right come to be high, but a theoretical study about medical malpractice liability is insufficient and there is deficiency at legislation from 1986 civil law general rule is carried out in Chinese. but it is difficulty to deal with those more and more complicated medical dispute only according to the law above. so in 2001 The Chinese Supreme Court established the judicial construction about civil litigation evidence which regulated the shift of the burden of proof of medical malpractice and the relation of cause and effect from the plaintiffs to the defendants. in 2002 the State Council made out Incident of Malpractice Processing Rule. but many scholar pointed out the problem in it. on the other side, according to Chinese Contract Law parties could choose contractual or tort liability to prosecute. but because of the judicial construction above majority of people asked tort liability. of course there are some cases asking contractual liability. then this paper aim at analysis of the Chinese medical malpractice liability, especially of the problems about the subject of responsibility, burden of proof and scope of responsibility.

• BMB Reports
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• 제47권4호
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• pp.179-183
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• 2014

Investigators planning to use animals in their research and the Institutional Animal Care and Use Committee (IACUC) members who review the research protocols must take personal responsibility for ensuring that they have the skills and knowledge to perform their duties, applying the Three Rs principles of Russell and Burch. The two Korean laws introduced in 2008 and 2009 regulating animal use for scientific purposes in line with the Three Rs principles have been revised a total of 11 times over the last 6 years. Both regulatory agencies, e.g., the Animal and Plant Quarantine Agency and the Ministry of Food and Drug Safety, provide regular training based on the legal requirements. Based on the amended Animal Welfare Act, the IACUC appointment framework has been upgraded: appointments are now for two-year terms and require a qualified training certificate issued by the Animal and Plant Quarantine Agency since 2012. The authors reviewed the current curricular programs and types of training conducted by the two governing agencies through Internet searches. Our Internet survey results suggest that: a) diversity should be provided in training curricula, based on the roles, backgrounds and needs of the individual trainees; b) proper and continued educational programs should be provided, based on trainees' experiences; and c) active encouragement by government authorities can improve the quality of training curricula.

• 무역상무연구
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• 제53권
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• pp.101-133
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• 2012

The paper aims to analyse the obligations and Responsibilities of shipper in the Rotterdam Rules. The Rotterdam Rules, has underlying intention that it will provide uniform law for the international carriage of goods by sea. It is highly expected that the Rotterdam Rules will create the new international legal regime replacing Hague-Visby Rules and Hamburg Rules. Rotterdam Rules provide the obligations and responsibilities of shipper in express. The shippers obliged to provide, (a) duty as to the condition in which the cargo has to be delivered to the carrier, (b) cooperation of the shipper and the carrier in providing information and instruction, and (c) shipper's obligation to provide information, instructions and documents. The shipper is liable for loss or damage sustained by the carrier if the carrier proves that such loss or damages was caused by a breach of the shipper's obligations. However, the shipper is relieved of all or part of its liability if the cause or one of the causes of the loss or damage is not attributable to its fault or to the fault. But, the shipper shall indemnify the carrier against loss or damage resulting from the inaccuracy of such information. Rotterdam Rules is providing rather concrete as to the shipper's responsibilities and burden of proof in separate chapter. The question is whether such burden of proof of the fault should be imposed to the shipper.

• 한국항해학회지
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• 제20권3호
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• pp.43-63
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• 1996

The purpose of this study is to find out what is the functional role of VTS in order to get the people concerned with marine traffic/transportation understand about VTS. VTS could be described as the essential risk management system in both cost effective on cost-benefit analysis and the sea space or time management at port, coastal environment. The important role of the VTS are those functions such as the decision making infrastructure, the passive/active safety measures at sea. VTS could not control/regulate marine traffic as strong as ATC(Air Traffic Control) owing to the marine traffic characters. However, the right and responsibility of VTS finally are belong to the master, pilot and mariners. For the benefit of the electronic technology development, VTS system also cloud be upgraded to communication system from information system. In connection with these system upgrading, the right and responsibility of VTS/staff should be supported by domestic legal system. The followings are presented for VTS to be effective. First, the cooperation and understanding of VTS between the peoples concerned with marine traffic/transportation are essential. Because they are all data supplier and also information consumers. Second, VTS staff/regulator should be selected, educated, trained accordingly as per their career, ability, quality, qualification, certification and etc. Third, the port reliability from VTS users depends on the factors such as economic interests, safety and effectiveness/efficiency of VTS.

• 의료법학
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• 제8권1호
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• pp.179-211
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• 2007

To succeed the claim of medical malpractice litigation, the patient as a plaintiff should establish the medical fault of a physician as a defendant, and the causation between the fault and damages. Because of the extraordinary nature of medical province, however, this application of a legal principles is rigorous with the patient. In addition, given the causation between the validation of physician's fault and damage is not attested, patient is not awarded anything. In order to overcome a difficulty of patient's verification and ensure the right to fair process, it was demonstrated the lightening of burden of proof in medical malpractice litigation and the acceptance of the responsibility for an illegal act in a prescribed range in the absence of the causation between the physician's fault and damage. This paper deals with the judgement of causation and burden of proof in medical malpractice litigation, and the acceptance of responsibility in the absence of the causation between the physician's fault and damage. Also, this study recommends a tendency of our precedent through the comparative case method of ours and Japan.

• The Journal of Asian Finance, Economics and Business
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• 제7권2호
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• pp.309-316
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• 2020

This study aims to measure the relationship between corporate social responsibility (CSR) and affective commitment (ACO), normative commitment (NCO), and organizational performance in food processing enterprises (FPEs) in the Mekong River Delta, Vietnam. To test the initial model proposed in this paper, a total of 422 owners, directors and managers of FPEs were interviewed from some provinces in the Mekong River Delta. The method of exploratory factor analysis (EFA) is initially employed, then confirmatory factor analysis (CFA) and structure equation modelling (SEM) are used. The results of SEM showed that higher affective commitment was correlated with normative commitment. The results showed that four aspects of CSR toward employees, customers, environment and legal are significant factors. As a result, ACO and NCO act as mediators between CSR and organizational performance. This finding provides strong evidence of the important role of CSR to support positive impacts on ACO, NCO, and orgazational performance (OP). In addition, the success of the organizational performance is also found by contributions of CSR and NCO to its changes. Although ACO does not directly affect performance, it has a positive effect on the NCO. Therefore, it is necessary to enhance the implementation of CSR to promote implementation of organizational commitments.

• 수산해양교육연구
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• 제5권2호
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• pp.138-146
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• 1993

In accordance with the establishment of 200 nautical miles EEZ regime as a customary international law since the mid - 1980s, the area of global high seas became reduced relatively. On the other hand, the importance of high seas fishing ground became serious for the distant-water fishing states like Korea. But it can be expected that international dispute on the jurisdictional problem of the fishing vessels engaging high sea fishery will occur frequently owing to institutional inertia of the UNLOS Convention on this matter. "The Draft Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas" as an international code of conduct for responsible fishing which was adopted by FAO in 1993 is providing the more consolidating and definiting rules for jurisdictional responsibility of flag states to make completion the loophole of the UNLOS Convention. As a precondition for the effective control and enforcement of activities of the fishing vessels engaging high sea fishery, the Draft Agreement is providing some articles allowing the flag states to hold the rights of granting nationality, fishery permission, fishery supervision and control with punishment for the fishing vessels entitled to fly their own flag. Accordingly it can be evaluated that this Draft Agreement does not deviate on the whole from the traditional practice and the basic legal principle of the UNLOS Convention.

• The Journal of Asian Finance, Economics and Business
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• 제9권7호
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• pp.63-79
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• 2022

Past studies on the influence of corporate social responsibility (CSR) activities on firms have been inconsistent, highlighting the significance of examining how CSR affects the performance of Malaysian government-linked companies (GLCs). The study aims to investigate the impact of CSR dimensions (economic, legal, ethical, and philanthropic) on firm performance from 2016 to 2020 using a sample of 31 GLCs from the top 100 companies under the Main Board of Bursa Malaysia. A total of 35 GLCs were selected as the study sample size based on the top 100 businesses listed under the board of Bursa Malaysia as of 31 December 2020. The study employed correlation and multiple linear regression models to examine the relationship between CSR dimensions and firm performance. Financial performance is evaluated using accounting-based models of return on assets (ROA) and return on equity (ROE) and market-based models of earnings per share (EPS) and market value (MV). The CSRHub database was employed to collect information on the performance of company CSR dimensions. The findings suggested a significant positive relationship between ethical and philanthropic CSR and firm performance regarding ROE. Thus, GLCs prioritized ethical and philanthropic CSR over other dimensions.