• Title/Summary/Keyword: Legal ways

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Legal Research on FinTech Regulatory Sandbox Fostering Financial Innovations in Korea (핀테크 활성화를 위한 규제 샌드박스의 도입 방안 연구)

  • Ko, Young-Mi
    • Journal of Legislation Research
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    • no.53
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    • pp.213-267
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    • 2017
  • Regulatory barrier is considered most challenging out of all FinTech barriers, which many technology innovators have always experienced. Even though technological solutions promise customers accessibility to more cost-effective and secured financial services, it is quite challenging to create regulatory environment that enables innovation FinTech industry. Especially, a common challenge FinTech innovators and business face is regulatory uncertainty and confusion rather than any particular regulation. Since many FinTech models are continuously introducing new innovative ways in providing financial services, significant confusion could be raised in applying principles of existing law and regulations. In addition, it is uncertain whether or not applying complex regulatory compliance model intended for large financial institutions to small start-ups is appropriate since most existing regulations and rules are established and introduced without considering innovative tools such as mobile instruments, e-trade, and internet. Therefore, new mechanism to access to regulatory information in a more cost-effective, quick and immediate way should be created. Regulators, technological innovators, and financial customers should cooperate each other to find out appropriate solutions for those issues. Many regulators are introducing regulatory sandbox which provides service providers with opportunities to test their innovations, during the test, providing regulators with enough time to understand risks of innovations. However, regulatory sandbox is not a panacea for all challenges to FinTech innovations. Therefore, regulators should make comprehensive and multidimensional efforts including regulatory sandbox in supporting FinTech ecosystem.

Development of Culinary Tourism in European Countries

  • Boiko, Viktoriia;Liubynskyi, Oleksandr;Strikha, Liudmyla;Zarakhovskyi, Oleksandr Y.;Neilenko, Sergii
    • International Journal of Computer Science & Network Security
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    • v.21 no.4
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    • pp.167-177
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    • 2021
  • The scientific paper studies the impact of tourism and traveling on the economic level of development of countries at the macro level and its relationship with other sectors of the economy. Tourism is one of the budget-forming factors of every economy. This work describes the main trends in the development of tourism. It is determined that about one third of tourism revenues are generated by the food sector, i.e., the culinary niche of tourism. Culinary tourism is a new direction of tourism, but it is developing quite dynamically in the EU. Culinary is an important part of rural tourism in the EU and culinary tourism is actively promoted at fairs and festivals. In recent years rural tourism has been developing both at the international level and in Ukraine, primarily due to its features, which include the implementation of the principles of sustainable community development, preservation of local traditions and cultural values, gastronomic events to promote them. The aim of the article is to study the theoretical aspects of the development of gastronomic tourism in the world, to analyze the actual condition of gastronomic tourism in the EU and Ukraine, identifying prospects and ways to develop regional gastronomic tourism. The methodological and informational basis of the work is analytical reports and researches related to the development of event tourism and statistics. Systematic and logistical approaches to the studied problems were used to achieve this goal. Various general scientific and special research methods were also used. Based on PESTLE analysis, key aspects of the external environment of gastronomic tourism in Ukraine are identified. We took into account the principles of sustainable development: political, economic, social, technological, legal and environmental. The main trends in the development of gastronomic tourism in the world are studied and it is found that the greatest development in the coming years will be the trend of combining gastronomic and event tourism on the basis of sustainable development. The main preconditions and possibilities of introduction of this holistic approach to the strategy of development of the tourist branch of Ukraine are determined. A model of sustainable value chain of gastronomic tourism in the region is formed and the main advantages of its implementation are identified: formation of a regional brand, preservation of culinary traditions, development of green farming, minimization of negative impact on the environment, sustainable development of communities.

A Study on the Problems and Improvement of Long-Term Care Insurance for the Elderly (노인장기요양보험제도의 문제점 및 개선방안에 관한 고찰)

  • Ahn, Myung-Sun;Park, Joo-Hyun
    • The Journal of the Korea Contents Association
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    • v.19 no.8
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    • pp.525-534
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    • 2019
  • Korea is facing one of the fastest aging population problems in the world due to the extension of life expectancy and low birth rates due to economic development and the development of health care. It has become difficult to take care of elderly people in need of long-term care at home, and social problems such as dementia and the increase in stroke cases are serious problems. The government is enacting and implementing the Long-Term Care Insurance Act for the purpose of improving the quality of life for senior citizens subject to long-term care and alleviating the burden of family support in order to solve such social structure and problems for senior citizens. However, as a result of the implementation of the long-term care insurance system for the elderly, the privatization of the facilities and the disorder are causing widespread requests for public accountability of the services and the enhancement of the quality of the facilities. In addition, various arrangements are needed for the production of low-wage medical care workers, tasks for quality improvement, problems regarding financing methods, and so on. In order to maintain and develop the long-term care insurance system for the elderly, the government will consider seeking ways to improve the legal and institutional aspects according to changes in the social environment of the age, as well as seeking mental and psychological measures for the stabilization of old life as well as physical health.

A Necessary Conditions of Building University Archives: For the Tentative Application of an Immature Archival Method and Program prior to Building Archives (대학기록관 설립의 필요조건: '미성숙한' 기록관리 방법의 시험 운용 방안)

  • Lee, Jong-Heup
    • The Korean Journal of Archival Studies
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    • no.3
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    • pp.33-64
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    • 2001
  • This essay introduces the basic method and program required to meet some necessary conditions of building university archives. By the phrase 'method and program', I intend the effective means of regularly but circumstantially controling the ways to the archival purposes proper which can be defined as the keeping of evidences and the broadening of information pool in terms of the evidential and informational natures or values of records. My starting point is about the matters of overcoming a standard method of induction which has long prescribed much passive procedures in the archival work. Considering the differences in the records and archives management-practices between West and Korea, I tentatively try to add some active elements to the archival work among which the collection for the expanding evidences and informations may firstly emphasized. While this collecting activity normally depends on the existing 'collections' and 'manuscripts', I cannot exclude the possibility of collections the materials, being likely to be registered in any poor or insufficient record groups. In the similar context, this kind of activity may and must be expanded beyond the university boundaries so at to arrange the cornerstones of archive-based local studies in the various disciplines. Here I premise another role of university archives, the role as 'science archives'. These archives within university archives seem likely to function in likewise the special collections within Western university libraries. What I mean here, however, is the archival groups purposedly gathered or acquisited according to more detail and narrower plan in order to meet the various demands from the different disciplines for the primary sources. The archival procedures from this revised method and program may, I hope, satisfy some of the preconditions of building university archives before the archives will actually function as a sub-institution of an university preserving legal, administrative and financial evidences, thus keeping identity and continuity of the university on the one hand, and as a local information center of supplying the archival contents on effectual demand from the field of local studies on the other. Finally, I conclude with a suggestion concerning the cooperation of all the parties of archival works. Proposing the 'Regional Research Center Program' in the field of technology and engineering as a model for the cooperation, I suggest that universities, private/public organizations, and central and local governments may work together for surveying the scattered ancient and modern documents as well as for building archives under the matching fund.

A Study on Early Childhood Teachers' Perception and Practice on Technology Leadership (테크놀로지 리더십에 대한 유아교사의 중요도 및 실행도 인식)

  • Jung, Ji-Hyun
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.20 no.3
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    • pp.82-90
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    • 2019
  • The purpose of this study was to examine early childhood teachers' importance and performance of technology leadership. A survey was conducted on 205 early childhood teachers. Borich's needs model was used to calculate their needs. In the area of director leadership and vision, the early childhood teachers felt the most need for opportunities to participate in conferences or training programs related to the educational utilization of technology. In the area of teaching-learning methods, they called the most for better ways to take advantage of technology considering the characteristics of the activity areas and activity types. In the area of teaching professionalism, the items they asked for the most were building confidence over the educational utilization of technology and case studies of superior teaching and learning. In the area of institutional support, they felt the most need for assistant human resources who could assist in solving possible problems using technology. In the area of evaluation, they called the most for the development of a variety of evaluation tools and methods. Finally, the item they called for the most in the area of social, ethical, and legal support from the institutions to which they belonged was the preparation of guidelines on how to be in good health in times of using technology.

A Preliminary Discussion on Policy Decision Making of AI in The Fourth Industrial Revolution (4차 산업혁명시대 인공지능 정책의사결정에 대한 탐색적 논의)

  • Seo, Hyung-Jun
    • Informatization Policy
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    • v.26 no.3
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    • pp.3-35
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    • 2019
  • In the fourth industrial revolution age, because of advance in the intelligence information technologies, the various roles of AI have attracted public attention. Starting with Google's Alphago, AI is now no longer a fantasized technology but a real one that can bring ripple effect in entire society. Already, AI has performed well in the medical service, legal service, and the private sector's business decision making. This study conducted an exploratory analysis on the possibilities and issues of AI-driven policy decision making in the public sector. The three research purposes are i) could AI make a policy decision in public sector?; ii) how different is AI-driven policy decision making compared to the existing methods of decision making?; and iii) what issues would be revealed by AI's policy decision making? AI-driven policy decision making is differentiated from the traditional ways of decision making in that the former is represented by rationality based on sufficient amount of information and alternatives, increased transparency and trust, more objective views for policy issues, and faster decision making process. However, there are several controversial issues regarding superiority of AI, ethics, accountability, changes in democracy, substitution of human labor in the public sector, and data usage problems for AI. Since the adoption of AI for policy decision making will be soon realized, it is necessary to take an integrative approach, considering both the positive and adverse effects, to minimize social impact.

A Study on anthropology of education of 'character' (인성과 교육의 관계적 의미 고찰: '문질빈빈' 인성 고찰을 통한 교육인류학적 함의 탐색)

  • Shin, Hyun-Seok;Kim, Sang-cheol
    • (The)Korea Educational Review
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    • v.23 no.2
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    • pp.131-155
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    • 2017
  • In this study, I examine what is called character. It is to establish what constitutes a relationship between life, culture, and education. In addition, I try to explore the possibility of anthropology of education as an academic basis for character education by using the way of '문 질빈빈(文質彬彬)'. As a result of the study, 'character' in terms of '문(culturality)' aspect implies the qualities, the nature, the disposition, and the meaning of virtue. A 'character education' can be seen in school education as a moral consideration, considering the social context, such as the ability to live harmoniously. In terms of '질(naturality)', I will look at both the innate aspect of the character and the acquired aspect through the 'character' which is the essence of character. Character is the concept of both parties, and if it is influenced by an external environment, one can seek better ways to improve the chances of improvement through education. Furthermore, the role of education is inevitably required in order to achieve the goal of 'lesser human being' to 'better human being'. Home and school education can have a positive impact on the character. An honest mind about humanity among family members is the right character. The importance of humanity is considered as a value to be recognized and protected in our society because the logic that it protects the family by character and helps to maintain the social order influences to the legal culture tradition of the modern. Therefore, the academic approach through anthropology of education has sufficient value of trial study for exploring the relationship between character, education, and culture for teachers and learners, and is appropriate for providing an academic foundation.

The Unconstitutionality of the Disposition Suspending Medical Care Benefits under the National Health Insurance Act (국민건강보험법상 급여정지 처분의 위법성)

  • Park, Sungmin;Woo, Meehyung
    • The Korean Society of Law and Medicine
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    • v.23 no.2
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    • pp.3-36
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    • 2022
  • In order to solve the pharmaceutical kickback problem, it is needed to establish legal system that allow ways to enable pharmaceutical promotion of medicines without kickbacks as well as provide sanction those who commit illegal act. Before the National Assembly and the government focused on strengthening sanctions. As a result, in 2014, a system of suspending medical care benefits was introduced, which could inflict heavy losses on pharmaceutical companies by withdrawing target medicines from the market. However, three years after the introduction, the system was abolished in 2018, recognizing the problem that the disposition could infringe on the patients' right to access to and choice of medicines. In 2021, the National Assembly made it possible for dispositions suspending medical care benefits regarding the third violation, which remained symbolic until then, replaced with administrative fines. Although the legislator's reflective stance on the system is more than clear, the Ministry of Health and Welfare still interprets that the old law should be applied to kickbacks for the period of the law. Moreover, regarding the substitution of fines at the discretion of the Minister of Health and Welfare under the old law, the narrow standards taken under the old law seems to be maintained. In this paper, firstly pharmaceutical kickback issue, the main reason for the introduction of the system, will be explained, after that the history of introduction and abolition of the system examined and last but not least the unconstitutionality of the system and the illegality of the disposition are to be examined.

A Study on the Gender Rights Protection System in Arts and Cultural Industry (문화예술계 성 인권 보호를 위한 제도 연구)

  • Byun, Young geon;Lee, Sung yeop
    • Korean Association of Arts Management
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    • no.54
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    • pp.155-184
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    • 2020
  • This study aims to examine the system for gender rights in arts and cultural industry triggered by #Metoo movement and to suggest action plans to improve gender equality. Up until now, Korean government launched 'Pan-governmental Counter Plan', 'Recommendation of the Special Center for Investigating Sexual Harassment and Sexual Violence in Arts and Cultural Industries' 'the Primary and Secondary Supplemental Measures to Eradicate Sexual Harassment and Sexual Violence in the Arts and Cultural Sector by the Ministry of Culture, Sports and Tourism in Korea', and '2030 Cultural Vision'. Korean government has designed the system to protect gender rights using these proposals. Implemented policies can be grouped into 4 different categories; protecting victims, punishing abusers, implementing preventive measures, and reforming legal system. However, despite Korean government's multilateral efforts, continuous criticism aroused as policies failed to witness actual impacts in the industry. Given the fact that 2 years have passed since the launch of gender equality policy in cultural sector, this is the right time to discuss the current status and ways to improve it. For above reasons, research was conducted on documents including, but not limited to, government publications and an analysis of interviews with 9 major stakeholders of policy planning and implementation. During the study, interviews were analyzed using the qualitative research program MAXQDA. As a result, 5~10 problems were revealed in each category of the system. Furthermore, meaningful correlation has been found in improvement areas suggested by the interviewees. This connection implies that the policy for gender rights in arts and cultural industry shall be developed organically in order for the system to work.

A Study on Practical Implications in the Contract for International Transfer of Technology -Focused on Character of the Technology compared with Goods- (국제기술이전계약 체결시 실무상 유의점에 관한 연구 - 물품과 비교하여 기술이 가지는 성격을 중심으로 -)

  • Jeong, Hee-Jin
    • Korea Trade Review
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    • v.42 no.1
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    • pp.27-45
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    • 2017
  • A new phenomenon in recent trade is the rising interest in the trade of product production and manufacturing methods themselves, unlike in the past, when the interest was focused on the trade of tangible goods. That is, technology is considered as the object of trade instead of a simple element of production as "technology itself is commercialized". The broad meaning of technology encompasses all the property of knowledge with economic value. Its narrow meaning refers to technology used to produce and manufacture goods. Technologies have features such as no forms, heterogeneity, accumulation of value and extinction of right. The trade of technology commands different styles and content from that of tangible goods due to their unique characteristics; and accordingly, has various risk factors. In other words, technology can be traded in various ways according to commercial objectives including licensing, technical partnership, and joint investment in addition to general trading. The specific forms of technology transfer strategies depend on the purposes and situations between corporations. In case of technical trade with any form, the parties should be cautious about the following practical aspects: First, the contract should clearly define the scope and transfer method of technology. It is a very important matter how the provider of technology will provide the user of technology with abstract technology with no substantiality. Second, a monopoly on technology recognized as intellectual property rights is granted to their inventors for some periods of time, but anyone can have access to that technology after the term of existence. Thus, it is important to check the terms of existence of a patent as well as the terms of contract. Third, the user of technology should fulfill his confidentiality obligation to prevent the technology of the provider from being leaked to a third party unjustly. Fourth, the provider of technology should make a contribution to the successful implementation of the technology by the user as well as provide the licensed technology. Finally, a model contract is recommended to minimizing the legal hiatus of complex technology transfer trade when concluding a contract.

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