• Title/Summary/Keyword: Policy Enforcement

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Comparing the ICT industries of Silicon Valley and Route 128: What's law got to do with it?

  • Timberman, Alex;Seol, Sung-Soo
    • Proceedings of the Korea Technology Innovation Society Conference
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    • 2014.10a
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    • pp.189-203
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    • 2014
  • Silicon Valley's legal foundation in recent years has surfaced on the radar of policy planners who model Silicon Valley's ICT industry. Precisely, the prohibition of covenants not to compete is linked to firm to firm knowledge spillovers by way of mobile workers positioned as nodes in a system of innovation. Meanwhile, traditional frameworks support enforcement of covenants not to compete as a way to encourage R&D into the worker and to prevent the worker's tacit knowledge and know-how from fleeing. This article examines the ICT industry in Silicon Valley and Route 128 to argue that California's unique law is a key factor in the success of Silicon Valley firms. Theoretically, we reconcile the ostensible strife between enforcement and prohibition frameworks by presenting an industrial approach. We contend that selective enforcement by industry can maximize the policy tools of discorded planners.

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Comparing the ICT industries of Silicon Valley and Route 128: What has law got to do with it?

  • Timberman, Alex
    • Asian Journal of Innovation and Policy
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    • v.4 no.1
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    • pp.19-34
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    • 2015
  • Silicon Valley's legal foundation in recent years has surfaced on the radar of policy planners who model Silicon Valley's information and communication technologies (ICT) industry. Precisely, the prohibition of covenants not to compete (CNCs) is linked to firm-to-firm knowledge spillovers by way of mobile workers positioned as nodes in a system of innovation. Meanwhile, traditional frameworks support enforcement of CNCs as a way to encourage R&D activities to the worker and to prevent the worker's tacit knowledge and know-how from fleeing. Amidst the battle for the restraint or release of human capital, we present an industrial approach to reconcile the ostensible strife between enforcement and prohibition frameworks. Theoretically, we contend an industrial approach can maximize the policy tools of discorded planners. Moreover, this article newly compares the ICT industries of Silicon Valley and Route 128 to argue that California's law is a unique factor in the greater success of Silicon Valley firms.

Analytic Hierarchy Process for Prioritizing Radiation Safety Measures in Medical Institutions

  • Hyun Suk Kim;Heejeong Jeong;Hyungbin Moon;Sang Hyun Park
    • Journal of Radiation Protection and Research
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    • v.49 no.1
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    • pp.40-49
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    • 2024
  • Background: This study aimed to prioritize policy measures to improve radiation safety management in medical institutions using the analytic hierarchy process. Materials and Methods: It adopted three policy options-engineering, education, and enforcement-to categorize safety management measures, the so-called Harvey's 3Es. Then, the radiation safety management measures obtained from the current system and other studies were organized into action plan categories. Using the derived model, this study surveyed 33 stakeholders of radiation safety management in medical institutions and analyzed the importance of each measure. Results and Discussion: As a result, these stakeholders generally identified enforcement as the most important factor for improving the safety management system. The study also found that radiation safety officers and medical physicists perceived different measures as important, indicating clear differences in opinions among stakeholders, especially in improving quality assurance in radiation therapy. Hence, the process of coordination and consensus is likely to be critical in improving the radiation safety management system. Conclusion: Stakeholders in the medical field consider enforcement as the most critical factor in improving their safety management systems. Specifically, the most crucial among the six specific action plans was the "reinforcement of the organization and workforce for safety management," with a relative importance of 25.7%.

Analysis, Recognition and Enforcement Procedures of Foreign Arbitral Awards in the United States

  • Chang, Byung Youn;Welch, David L.;Kim, Yong Kil
    • Journal of Arbitration Studies
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    • v.27 no.3
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    • pp.53-76
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    • 2017
  • Korean businesses, and their legal representatives, have observed the improvements of enforcement of commercial judgments through arbitration over traditional collections litigation in U.S. Courts-due to quicker proceedings, exceptional cost savings and more predictable outcomes-in attaching assets within U.S. jurisdictions. But how are the 2016 interim measures implemented by the Arbitration Act of Korea utilized to avoid jurisdictional and procedure pitfalls of enforcement proceedings in the Federal Courts of the United States? Authors examine the necessary prerequisites of the U.S. Federal Arbitration Act as adopted through the New York Convention, to which Korea and the U.S. are signatories, as distinguished from the Panama Convention. Five common U.S. arbitration institutions address U.S. "domestic" disputes, preempting U.S. state law arbitrations, while this article focuses on U.S. enforcement of "international" arbitration awards. Seeking U.S. recognition and enforcement of Korean arbitral awards necessitates avoiding common defenses involving due process, public policy or documentary formality challenges. Provisional and conservatory injunctive relief measures are explored. A variety of U.S. cases involving Korean litigants are examined to illustrate the legal challenges involving non?domestic arbitral awards, foreign arbitral awards and injunctive relief. Suggestions aimed toward further research are focused on typical Korean business needs such as motions to confirm foreign arbitration awards, enforce such awards or motions to compel arbitration.

Due to climate change policies Researches by the role of local government (기후변화 대응 지방자치단체의 역할에 따른 정책 연구)

  • Bae, Ki-Tae;Ree, Sang-Bok
    • Proceedings of the Korean Society for Quality Management Conference
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    • 2010.04a
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    • pp.474-482
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    • 2010
  • The Research of local governments in addressing climate change policy formulation and enforcement role in the formulation of local governments, and faithful to the role of local governments when addressing climate change to policy issues and is aimed to provide direction. The role of local governments' Star Statement by looking at best practices, through which more realistic and effective climate change response measures would be able to set aside. Local party organizations in addressing climate change and understanding the role and establishment and enforcement of the policy must be balanced community and residents more comfortable and be able to provide a comfortable life.

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Active PDP Discovery for PBNM in MANETs (MANETs에서 정책기반 망 관리를 위한 Active PDP Discovery)

  • Lee Kyung-Jin;Song Wang-Cheol
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.31 no.5B
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    • pp.390-396
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    • 2006
  • Policy-based Network Management(PBNM) in the Mobile Ad-hoc network(MANETs) requires additional, reliable and efficient mechanism over PBNM in wired network. Thus, it is important that the management system in MANETs should cluster the moving nodes and manage their movements in an effective manner. In this thesis, I propose a mechanism for the policy-based management in ad hoc networks in which I consider several methods to discover the Policy Decision Point(PDP), set the management area, and manage the movements of Policy Enforcement Point(PEP) nodes in the PBNM system. Moreover, COPS-PR is extended for the mechanism. Finally, I analyze and validate the results through simulations.

An Efficient Privacy Preserving Method based on Semantic Security Policy Enforcement (의미적 보안정책 집행에 의한 효율적 개인정보보호 방식)

  • Kang, Woo-Jun
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.13 no.6
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    • pp.173-186
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    • 2013
  • New information technologies make it easy to access and acquire information in various ways. However, It also enable powerful and various threat to system security. To challenge these threats, various extended access control methods are being studied. We suggest a new extended access control method that make it possible to conform to security policies enforcement even with discrepancy between policy based constraints rules and query based constraints rules via their semantic relationship. New our approach derives semantic implications using tree hierarchy structure and coordinates the exceed privileges using semantic gap factor calculating the degree of the discrepancy. In addition, we illustrate prototype system architecture and make performance comparison with existing access control methods.

A Study on Grounds for Challenging Arbitral Awards in Korea and China (우리나라와 중국 중재법에서 중재판정의 취소사유에 관한 연구)

  • Shin Chang-Sop
    • Journal of Arbitration Studies
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    • v.16 no.2
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    • pp.51-88
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    • 2006
  • The obligation on a national court to recognize and enforce arbitral awards as provided in Article III New York Convention, which both Korea and China have ratified, is subject to limited exceptions. Recognition and enforcement will be refused only if the party against whom enforcement is sought can show that one of the exclusive grounds for refusal enumerated in Article V(1) New York Convention has occurred. The court may also refuse enforcement ex officio if the award violates that state's public policy. This article explores the circumstances where arbitral awards may be refused enforcement under the Korean and Chinese arbitration laws. It first analyzes the relevant statutory provisions. In Korea and China, which have adopted the UNCITRAL Model law, the grounds of challenge are exhaustively defined within their respective arbitration laws. According to their arbitration laws, an arbitral award may be set aside if a party making the application proves that (i) a party to the arbitration agreement was under some incapacity or the agreement is not valid under the applicable law, (ii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case, (iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration, or (iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties. An arbitral award may also be set aside ex officio by the court if the court finds that (i) the subject-matter of the dispute is not capable of settlement by arbitration under the applicable law or (ii) the award is in conflict with the public policy. This article then reviews relevant judicial decisions rendered in Korea and China to see how the courts in these countries have been interpreting the provisions specifying the grounds for challenging arbitral awards. It concludes that the courts in Korea and China rarely accept challenges to arbitral awards, thereby respecting the mandate of the New York Convention.

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Bounded Rationality under Analysis of Relative Priorities on Multi-cultural Policy (제한된 합리성 하에서 다문화 정책에 대한 상대적 우선순위 분석)

  • Jung, Seok-Hwan
    • The Journal of the Korea Contents Association
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    • v.18 no.11
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    • pp.317-326
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    • 2018
  • The purpose of this study is to develop an AHP model to evaluate the relative importance and priorities of multi-cultural policies under bounded Rationality. The results of the study are as follows. First, in the evaluation elements for each measurement area, the following are the stable social settlement support policy (1rank), social capability development policy of multi-cultural family second generation (2rank), socio-economic activity policy (3rank), collaborative governance policy enforcement(4rank). Second, the priority of the measurement element is as follows. social settlement service target expansion policy was proved to be the top priority project stable social settlement support policy aspect and social capacity development policies of the second generation of multi-cultural families, social support policy was most important evaluated. Active economic activity support policy was as the top priority project socio-economic activity policy, and construct cooperation system of policy practice main agents was proved to be the top priority collaborative governance policy enforcement. These results will contribute to explain the reality of multi-cultural policy.