• Title/Summary/Keyword: Obligations

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Authorization Model with Provisions and Obligations in XML

  • Kim Suhee;Park Jongjin
    • Proceedings of the IEEK Conference
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    • summer
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    • pp.355-360
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    • 2004
  • With the growing acceptance of XML technologies, XML will be the most common tool for all data manipulation and data transmission. Meeting security requirements for privacy, confidentiality and integrity is essential in order to move business online and it is important for security to be integrated with XML solutions. Many policies require certain conditions to be satisfied and actions to be performed before or after a decision is made. Binary yes/no decision to an access request is not enough for many applications. These issues were addressed and formalized as provisions and obligations by Betti et Al. In this paper, we propose an authorization model with provisions and obligations in XML. We introduce a formal definition of authorization policy and the issues involving obligation discussed by Betti et Al. We use the formal model as a basis to develop an authorization model in XML. We develop DTDs in XML for main components such as authorization request, authorization policy and authorization decision. We plan to develop an authorization system using the model proposed.

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The effects of publicity regarding socially valuable creations in fashion social enterprises on consumer purchases (패션 사회적 기업의 사회적 가치 창출관련 퍼블리시티가 소비자 구매에 미치는 영향)

  • Seo, Min-Jeong
    • Journal of the Korea Fashion and Costume Design Association
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    • v.21 no.3
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    • pp.25-35
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    • 2019
  • The purpose of this study was to identify the relationships among credibility toward publicity (CP), the attitude toward publicity (AP), enterprise images, ethical obligations, and purchase intention, and then to demonstrate the differences in the relationships according to the three socially valuable creations: job creation, environmental protection, and fair trade. The hypotheses of this study were empirically tested with data collected via an online survey. The results of path analysis indicated that CP and AP positively affected enterprise images and ethical obligations respectively. Purchase intention was influenced by AP, enterprise images, and ethical obligations, but not by CP. In addition, this study highlighted the lack of a difference in consumer responses to publicity according to the three types of socially valuable creations. These findings provide guidelines for publicity strategies to induce consumers to purchase social enterprise products for marketing managers and entrepreneurs operating social enterprises.

A Study on System Optimization according to the Supply Obligations Rate of New and Renewable Energy at an Indoor Gymnasium (실내체육관의 신재생에너지 공급의무비율에 따른 시스템 최적화 연구)

  • Park, Yun-Ha;Kim, Yun-Ho;Won, An-Na;Hwang, Jung-Ha
    • Journal of the Korean Solar Energy Society
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    • v.35 no.6
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    • pp.51-60
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    • 2015
  • In statutes on the promotion of distribution of new and renewable energy, which were revised in 2014, daylight system and fuel cell were added in addition to existing new and renewable energy sources. This study, therefore, aimed at setting up targets for the introduction of daylight system and analyzing the installation rate of new and renewable energy which can be provided by daylight system for the aggressive use of daylight system, thereby deducting the optimal combination ratio with other new and renewable energy sources. The results of the study are as follows. First, when a prism-shaped daylight system was installed to a round indoor gymnasium among domestic indoor gymnasiums, out of a supply obligations allotment rate of 15% of new and renewable energy, the rate of daylight system was basically set at 2.5%. Second, therefore, with daylight system coming first, the lacked supply obligations rate was taken up by solar photovoltaic, solar heat and geothermal heat. In addition, using the KRESS Program, economic, technical, environmental and complexity evaluations for the upper 5% was made, deducting the optimal ratio of the system. The results produced the following optimal combination ratios: solar photovoltaic (83.3%) in economic evaluation, solar heat (8.3%) and geothermal heat (75%) in technical evaluation, solar photovoltaic (83.3%) in environmental evaluation, and solar photovoltaic (83.3%, the same as in economic evaluation) in complexity evaluation.

(A) Study on Contracting Parties' Obligations in International Leasing Agreements - Focus on Draft Common Frame of Reference(DCFR) - (국제리스계약상 당사자의 의무에 관한 소고 - DCFR(유럽계약법 공통참조기준 초안)을 중심으로 -)

  • Oh, Won Suk;Choi, Young Joo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.63
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    • pp.111-132
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    • 2014
  • This paper analyzed the obligations of the parties entering into an international leasing agreements, focusing on the Draft Common Frame of Reference (DCFR) Book IV, Part B. The lessor's obligations are as follows. i) The lessor must deliver goods to the lessee by the due date of delivery so that the lessee can use the goods on the starting date of the lease agreement. ii) The lessor must conform with the contract so that the goods meet the purpose of the contract at the start of the lease agreement and throughout the period of the lease agreement. iii) If the lessee returns the goods upon the termination of the lease agreement, the lessor must cooperate with the lessee. The lessee's obligations are as follows. i) The lessee must pay rent, which is the most critical obligation of the lessee. ii) The lessee must cooperate with the lessor so that the lessor can perform the obligation to deliver the goods and accept the goods of which the lessee shall take control. iii) The lessee shall perform fiduciary duties while it uses and makes profits from the goods, and when the lessor cannot take any measure to protect the object, the lessee must prevent damage. Further, if the lessor pays expenses that are not considered necessary expenses, the lessor may not be reimbursed and must accept the goods after delivery to preserve them. iv) The lessee must give notice to the lessor if there is a possibility that a third party can claim rights to goods or infringe upon the lessor's ownership while using the goods. v) At the end of the lease period, the lessee must return the goods to the lessor.

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A Study on the Equivalence Requirement of WTO Retaliation (WTO 보복조치의 동등요건에 관한 연구)

  • Kang, Soo-Mi
    • Journal of Arbitration Studies
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    • v.23 no.2
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    • pp.81-113
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    • 2013
  • The World Trade Organization (WTO) offers remedies for non-compliance by the introduction of compensation or retaliation in the Dispute Settlement Understanding (DSU). There are no the provisions under the WTO DSU and it seems unclear what retaliation is attempting to achieve. Therefore, it is unclear whether the goal of WTO retaliation is to induce compliance or to restore the balance between the rights and the obligations of WTO members. It has been claimed the WTO has a strong dispute settlement system by providing retaliation when the recommendations and rulings of Dispute Settlement Body (DSB) are not complied with. But this seems to be inadequate to bring about effective and timely compliance. Especially there is a problem with free riding by a violating member because the level of retaliation is determined from the expiration of a reasonable period of time, providing an incentive to delay compliance. Also the level of the suspension of concessions or other obligations authorized by the DSB is equivalent to the level of nullification or impairment, according to DSU Article 22.4. However, if the member concerned objections to the level of the suspension proposed, the matter shall be referred to arbitration. The arbitrator shall not examine the nature of the suspension of concessions or other obligations to be suspended but shall determine whether the level of such suspension is equivalent to the nullification or impairment. The arbitrator makes an assessment standard of equivalence by comparing the suspension of concessions or other obligations and the nullification or impairment calculated in terms of the amount of trade. But it is necessary that other standards replace the quantitative standards when the level of the nullification or impairment cannot be quantified by concrete damages.

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A Study on the Effect of Expansion of Responsibilities and Obligations for Construction Accidents on Improvement of Safety Management System (건설재해 책임 및 의무 확대가 안전관리시스템 개선에 미치는 영향에 관한 연구)

  • Park, Young Sang;Park, Jong Young;Kim, Young Yong
    • Journal of the Society of Disaster Information
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    • v.18 no.2
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    • pp.314-323
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    • 2022
  • Purpose: To study the effect of the amended Occupational Safety and Health Act on the expansion of the employer's responsibility and obligations and the evaluation of the employer on the improvement of the safety management system. Method: An academic discussion was conducted by comparing the contents of previous studies with the analysis results. A questionnaire was prepared using the measurement tools collected from previous studies, and statistical multiple regression analysis was performed with the collected data. Result: Research hypothesis It was found that the expansion of responsibility and obligations of the business owner and the reinforcement of the employer's evaluation of the ordering party had a positive (+) effect on the improvement of the safety management system. Conclusion: The expansion of the responsibility and obligations of the employer and the strengthening of the evaluation of the owner of the orderer are having a positive effect on the improvement of the construction safety management system for the prevention of construction accidents.

A Comparative Study of the Legal Regulations on Contracting for Dangerous Work (위험작업 도급에 관한 법규제의 비교법적 고찰)

  • Jung, Jin-Woo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.32 no.3
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    • pp.279-286
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    • 2022
  • Objectives: South Korea's occupational safety and health legislation appears on the surface to have stronger regulations than any other country, but it is criticized for having many problems when viewed from the perspective of the effectiveness and universality of these regulations. Therefore, it is necessary to consider the validity of the regulatory content and the methods for contract work in South Korea. Methods: The main issues in contract work are compared and analyzed in terms of the occupational safety and health laws systems in South Korea and other developed countries. Based on this, problems related to contract regulation are derived from the perspective of legal policy studies. In addition, effective improvement measures for the derived problems will be proposed. Results: Other developed countries impose obligations suitable for the status and role of persons who entrust work in consideration of the fact that they do not directly manage risks and in terms of the effectiveness of industrial accident prevention. These countries generally impose obligations such as management of facilities and machinery, cooperation and coordination with subcontractors, cooperation and coordination obligations between subcontractors, and guidance obligations on a person who entrusts a work. Conclusions: It is difficult to achieve effectiveness in preventing accidents with based on unreasonable regulations that do not conform to safety principles or legal theory. Regulations on contract work need to be converted to rational cogent regulations based on science and rationality, not ideology and emotion. To this end, the legal system for contract work must have international universality.

Comparative Legal Study of Workplace Thermal Environment Management Legislation (작업장 온열환경 관리 법제의 비교법적 고찰)

  • Saemi Shin;Hea Min Lee;Nosung Ki;Sang-Hoon Byeon;SunghoKim
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.33 no.4
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    • pp.485-501
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    • 2023
  • Objectives: The Ministry of Employment and Labor has revised the articles regarding management of the thermal environment in the workplace. Currently, two types of regulations exist together with indoor workplaces as the scope of application. It appears that the time has come to discuss regulations. In this study, we aim to identify the feasibility of and problems with the current system through a comparative legal review of workplace thermal environment management laws from around the world. We suggest directions for improving South Korea's workplace thermal environment management laws. Methods: For the several selected countries, we analyzed the classification and content of obligations stipulated for the thermal environment, the presence or absence of specific measures for thermal environment management, legal status and content, and the scope of application of thermal environment provisions and measures. The investigated content was classified according to Zweigelt-Kotz's legal theory. Results: In some countries, employers' obligations for regulating the thermal environment are broadly divided into two types: results and actions. The scope of application of provisions and measures on the thermal environment was extensive, with most of the selected countries targeting general workplaces. Conclusions: In the case of South Korea, restricting and classifying target workplaces and imposing separate obligations to manage a workplace thermal environment goes against global practices, and stipulating legal orders and separate action obligations in guidelines does not conform to the characteristics of South Korea's legal system, meaning that improvement is needed.

The Meaning and Criterion of Medical Malpractice(negligence) from Moderating the Burden of Proof in a Medical Malpractice Suit (의료과오소송에 있어 입증책임 완화에 따른 의료과실의 의미와 판단기준)

  • Kim, Yong-Bin
    • The Korean Society of Law and Medicine
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    • v.9 no.1
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    • pp.57-127
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    • 2008
  • In medical malpractice lawsuits, negligence is generally defined as conduct that is culpable because it falls short of what a reasonable person would do to protect another individual from a foreseeable risks of harm. Thus, the essence of negligence is a breach of obligations to be attentive, and the breach of obligations to be is negligence. However, whether negligence is or not depends on time, place, litigation forms and the judge since the meaning of negligence is wavering on the basis of abstract and normative judgment. In this thesis, what is medical negligence, a breach of obligations of attention for a doctor in medical malpractice lawsuits, would be it further enacted that doctors have the responsibility to protect the patients as a subordinate duty due to a principle of faith and sincerity besides the main duty for medical contract-performance since the suit is a litigation form to be based on responsibilities of experts, especially doctors, though having factors that are non-contractual as a trait for medical treatment. Further on the concept, when the plaintiff asserts and proves a specific fact from the recent moderation of the burden of proof about medical malpractices, whether the court should find a true bill in medical malpractice actually or not has been discussed.

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A Comparative Analysis regarding Difference of ISP98 and URDG758 (보증신용장통일규칙과 청구보증통일규칙 비교분석)

  • Park, Sae-Woon;Han, Ki-Moon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.51
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    • pp.263-283
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    • 2011
  • There are two typical international rules in issuing guarantee for obligations of party which is responsible to provide some duties such as services, construction, plants, loan repayment, etc. The two internationally recognized rules are currently ISP98 and URDG758. ISP98 was firstly introduced in 1998 for American banks to issue standby letter of credit domestic and overseas for the area where UCP does not cover. URDG was introduced first in 1991 in the name of URDG458 but it has not been widely used and therefore new URDG named URDG758 came out in 2010 to accommodate more standard guarantee practice. At the face of these two prevailing international rules, the users are sometimes confused which rule would be more suitable for their individual transaction. This led us to conduct a comparative analysis on these two rules. Our study suggests that URDG758 is more adequate for construction, ship-building and plants-supply obligations whilst ISP98 is for financial obligations. Also attentions are required when issues such as counter guarantee, governing rule, presentation period, document examination period and default statement exist. This is because ISP98 and URDG758 have different view points.

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