• 제목/요약/키워드: Legal structure

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Consideration on the Convention of Space Station as Law-Making Process among Nations (다수국간법정립행위로서의우주기지협정에관한고찰(多数国間法定立行為としての宇宙基地協定に関する一考察))

  • Horish, Saito
    • The Korean Journal of Air & Space Law and Policy
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    • v.14
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    • pp.87-110
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    • 2001
  • This Article examines a structure of two Conventions of Space Station, compares 1988 Convention and 1998 Convention, and tries to apply "model" to it. The structure of 1988 Convention shows us three phases: the Convention as a framework, the bilateral memorandum of understanding and the legislation by domestic process of United States. There were many advantageous provisions for United States. In 1998 Convention, however, those provisions are dampened and provisions become impartial, for example, the criminal jurisdiction, the right of intellectual property and the codes of conducts in Space Station. On the other hand, we sets the "model" up, that is "input of national benefits and ideas ${\Rightarrow}$ process of law-making ${\Rightarrow}$ output of common benefits, universal ideas and wastes." In the case of applying this "model" to 1988 and 1998 Conventions, we are convinced of enough possibility to understand and explain the legal system of Space Station by this "model." This result awakes us that study of legal system of Space Station according to the "model" influences the fundamental theory of International Law Study: the relation between international law and domestic law. This "model" has possibility to change the theory of relation between from "international law and domestic law" to "domestic law and domestic law through international legal system." In the end, we should reconsider on "policy-oriented jurisprudence" by professor McDougal to use his key words for explanation of concepts in the "model," because his theory contains important suggestions to the study of law-making process and legal system for outer space activities in the near future.

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A Review on the Financial and Legal Characteristics of 'Leveraged Buyout(LBO)' in the Korean Capital Markets (LBO(Leveraged Buyout)에 대한 법제도상 특성과 재무적 이론의 응용가능성 고찰)

  • Kim, Hanjoon
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.14 no.1
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    • pp.85-93
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    • 2013
  • While relatively many researches have been performed on the legal issues of leverage buyout(LBO) in the Korean capital market, the on-going 'interdisciplinary studies' between the legal and the financial aspects of LBO financing structure seems to be relatively few so far. In this particular study, the concept and major financing structures on LBO have been discussed, by which domestic investors including institutional investors, may acquire in-depth knowledge on the issue given the dynamically changing circumstances surrounding the Korean domestic capital market. Moreover, legal analyses related to the conventional case studies on two types of LBO structures such as 'asset-backed LBO' and 'merger-related LBO', have been illustrated, coupled with the review of the previous literature on mergers & acquisitions(M&A) related to the financial aspects of LBO financing structure. From the director's perspective, who is employed by an acquired firm, legal issues in terms of 'fiduciary duty' and 'duty of loyalty' have been discussed, along with the logical scope of 'business judgement principle' in terms of modern finance theory.

A Study on Using 'Population of Legal Service Area' as a Criterion for Evaluating Public Libraries in Korea (우리 나라 공공도서관 평가의 적실성 제고를 위한 연구 - 봉사대상인구 적용문제를 중심으로 -)

  • Lee, Yong-Nam
    • Journal of the Korean Society for Library and Information Science
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    • v.34 no.2
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    • pp.5-20
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    • 2000
  • This study is to analyze the results of which the Ministry of Culture and Tourism had evaluated the public libraries in 1999. In results, the study finds that the use of "population of legal service area" as a criterion for evaluating public libraries is not quite appropriate. That is, it is found that the use of legal service area by law as a unit of population measurement is not only inconsistent with the current local autonomous administrative structure, but also may distort all evaluation results. Therefore, this study is to criticize several points about using population of legal service area as an evaluation criterion and to suggest the amendment of Library and Reading Promotion Act, which may make the evaluation of public libraries more proper.

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Legal Issues Relating to Artificial Islands, Installations and Structures in the Exclusive Economic Zone or on the Continental Shelf and Korea's Practice (국제해양법상 인공섬, 시설 및 구조물 제도의 쟁점과 우리나라의 입법태도에 관한 고찰 -배타적 경제수역 및 대륙붕을 중심으로)

  • Lee, Yong Hee
    • Ocean and Polar Research
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    • v.36 no.4
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    • pp.353-365
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    • 2014
  • Artificial islands, installations and structures have been used as a major means for ocean development and management since the early 20th century. The International legal regime to regulate the man-made offshore structures also have evolved and the UN Convention on the Law of the Sea (UNCLOS) acts as a basic international instrument for that purpose. Although the Convention includes more detailed provisions on man-made offshore structures, there are some legal issues regarding jurisdiction of coastal State on the man-made offshore structures in the Exclusive Economic Zone (EEZ) or on the Continental shelf. For this reason, this article begins by reviewing the 1958 Convention on the Continental shelf and the UNCLOS by focusing on the EEZ and the Continental shelf regime governing the man-made offshore structures. It next examines some controversial international legal issues that have emerged from the regulation of man-made offshore structures in the EEZ or on the Continental shelf. This is followed by a review of the Korean domestic laws regulating artificial islands, installations and structures in the EEZ or on the continental shelf. Finally, it closes by summarizing the findings of the above examinations, and suggests some recommendations for future works.

A Study in the legal standards of healthcare facilities in Korea, China, and Japan (한국·중국·일본의 의료시설 법적기준과 그 변화 과정에 관한 연구)

  • Cho, Junyoung;Lei, Qingyun;Yang, Naewon
    • Journal of The Korea Institute of Healthcare Architecture
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    • v.26 no.4
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    • pp.39-47
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    • 2020
  • Purpose: Korea, China, and Japan can be seen as a geopolitical community that has developed through various relationships in terms of history. However, nowadays, it seems that they are pursuing different societal goals resulting from the difference in political and social systems, demographic structures, and economic situations. The law provides the minimum standards for people's lives in the direction that the society pursues. Therefore, the aim of this study is to examine the architectural differences in medical facilities and their causes comparing the legal standards of medical facilities in Korea, China, and Japan. Methods: The subject of the study is Korea, China, and Japan's legal standards of facilities corresponding to the Korean medical service act; enforcement decree of medical service act; and enforcement rules of medical service act. The scope of the study is as follows: First, the facilities standards and the reason for the revision of the standards after the 1950s when the current system of each country was established are investigated and thus the changing trends of the facilities standards that each country has pursued are analyzed. Second, the range and level presented by the current facilities standards of each country are compared and the differences are analyzed. Finally, cases in which the differences in the legal facilities standards are reflected in the actual design are compared and the effect of the facilities standards of medical facilities on the architectural plan is identified. Results & Implications: Each country differs in the legal standards of facilities because of changes in demographic structure and experience of disease. Moreover, it is identified that differences in social operating systems, especially in the operating methods of medical facilities, affect the range and level enforced by the facility standards. When investigating and researching foreign standards of facilities and cases for foreign medical facilities, it is required that they should be analyzed in consideration of the social and cultural aspects of each country.

A Study on System-Based Accident Analysis : An Accident at In-house Subcontractor of a Manufacturing Company (제조업 사업장 사내협력업체 사고사례의 시스템적 분석에 관한 연구)

  • Seo, Dong-Hyun;Choi, Yi-Rac;Park, Jang-Hyun;Han, Ou-Sup
    • Journal of the Korean Society of Safety
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    • v.37 no.5
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    • pp.42-55
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    • 2022
  • In this study, an accident at an in-house maintenance subcontractor of a manufacturing company was analyzed using representative systemic analysis methods, and the results were compared to determine the socio-technical and organizational structure causal factors. Systemic accident analyses were performed using AcciMap, STAMP-CAST, and a method that utilizes work processing procedures. The causal factors derived from the three methods were classified according to HFACS classification criteria. AcciMap and STAMP-CAST analyses were able to derive legal problems and defects in organizational structure between the company and the subcontractors. The method that utilized the work processing procedures drew the most causal factors of the three methods but showed some limitations in deriving legal and facility-related problems. Most of the causal factors identified through the systemic methods could be classified according to the HFACS classification criteria, except for the legal and organizational structure matters. Socio-technical and organizational problems with a holistic perspective of the company and subcontractors could be found using systemic analysis methods. However, it is necessary to conduct analysis using various methods in order to derive more comprehensive measures to prevent accidents because each analysis method showed some limitations in the derivation or expression of some causal factors. The results of this study can be helpful in selecting and using an appropriate method for accident analysis.

The Effect of Ownership Structure on Transfer Pricing Decisions: Evidence from Foreign Direct Investments in Vietnam

  • TRAN, Quoc Thinh;TRAN, Mai Uoc;LUU, Chi Danh
    • The Journal of Asian Finance, Economics and Business
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    • v.8 no.12
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    • pp.183-189
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    • 2021
  • Transfer pricing is a matter of concern for countries. It affects the interests of the parties involved in the commercial transaction. Through manipulation of prices in transactions, businesses take advantage of tax rates in a country to adjust profits for economic gain. This affects the fairness and rationality of economic transactions between related parties. The article uses a two-year time series from 2018 to 2019 of 50 foreign direct investment enterprises in Vietnam. The article uses ordinary least squares to test the hypotheses of the research model. The article uses four independent variables related to ownership structure affecting transfer pricing decisions including total ownership, organization ownership, concentration ownership, and area ownership. Research results show that two variables have a positive influence on transfer pricing decisions including total ownership and organization ownership. Organization ownership has a higher degree of influence than total ownership. To be able to control transaction activities related to transfer pricing, Vietnam's state management agencies need to pay attention to perfecting the legal framework based on supplementing and amending regulations related to transfer pricing. Legal regulations need to be regulated based on international common practices to ensure uniformity on a global scale.

Impact of Philosophical Anthropology and Axiology on the Current Understanding of the Institution of Human Rights

  • Buglimova, Olga V.;Goncharov, Igor;Malinenko, Elvira;Matveeva, Natalya;Stepanenko, Yuri;Chernichkina, Galina
    • International Journal of Computer Science & Network Security
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    • v.22 no.7
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    • pp.327-331
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    • 2022
  • The article aims at studying the institution of human rights in an ever-evolving world in the context of the interdisciplinary approach. The main scientific method was deduction that allowed examining the specific interdisciplinary approach in relation to the institution of human rights on the global scale. To solve the issue set, it is necessary to study legal foundations and features of the interdisciplinary approach to the institution of human rights in the modern world. The article proves there is no theoretical anthropological understanding of the institution of human rights. It has been concluded that the appeal to anthropological jurisprudence requires the identification of the initial theoretical and methodological principles, parameters and axioms of cognition, the integration of a person into the subject field of legal science, linking jurisprudence with the chosen external environment (philosophy, sociology, theology, etc.), predetermining the existence (understanding) of a person, causing qualitative differences and the structure of subject-methodological phenomena. In addition to the identification of such hypotheses, prerequisites and axioms, the basic method (principle) of cognition and its heuristic potential are also being searched (defined). The terminological designation of the formed subject-methodological phenomenon (legal anthropology, anthropology of law, anthropological approach, etc.) reveals its role in the system of interdisciplinary relations of legal science.

International and National Legal Experience in Combating Corruption and the Influence of Information Policy on Improving the Implementation of Anti-Corruption Measures

  • Bagdasarova, Anaid E.;Dzhafarov, Navai K.;Kosovskaya, Viktoria A.;Muratova, Elena V.;Petrova, Irina A.;Fedulov, Vyacheslav I.
    • International Journal of Computer Science & Network Security
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    • v.22 no.9
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    • pp.169-174
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    • 2022
  • The purpose of the study is to research the legal nature and essence of corrupt behavior, as well as the international and national legal aspects of the fight against corruption. The article discloses the relation between the factual results of the operation of anti-corruption normative and legal acts and the goals and objectives for which they were adopted. The effectiveness of the regulatory effect and quality of anti-corruption legislation is determined by the example of the Russian Federation. The article provides an analysis of theoretical aspects of the theory and history of the formation and development of anti-corruption legislation (on the example of Russia and some other countries, as well as international legal norms) giving several practical examples from foreign legislation demonstrating the structure of the system of government bodies battling against corrupt behavior (including its latent forms). The authors suggest that there is a need for a unified conception of information and propaganda support of state anti-corruption activities. This will make it possible to inform the population that the state is actively working to prevent corruption threats and to bring perpetrators to justice, as well as contribute to citizens' trust in the state policy in this area. At the same time, it is necessary to regularly inform the citizens about the provisions of the anti-corruption legislation, explaining the importance of their observance.

A Study on the Dwelling Environment of Geumsan Apartment (금산지역(錦山地域) 공동주택(共同住宅)의 주거환경(住居環境)에 관한 연구(硏究))

  • Jung, Young-Kyoun;Do, Yong-Ho
    • Journal of the Korean Institute of Rural Architecture
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    • v.4 no.3
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    • pp.13-22
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    • 2002
  • Put by purpose to study about habitat of apartment house which is necessity of redevelopment that is not doing role of superannuation apartment house and worker apartment in the Geumsan county in this research. 1) social element : Legal element, surrounding environment 2) element construction enemy : Construction plan, building equipment, Construction structure Slump of economic structure Geum-san area apartment house and dwelling environment by deterioration of building are considered that need.

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