• Title/Summary/Keyword: Protection of Law

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Consumer Protection in E-commerce: Synthesis Review of Related Books

  • Alharthi, Saud Hamoud
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.413-419
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    • 2022
  • To have a complete and comprehensive understanding of the research subject and to form an integrated legal framework for it, I have sought comprehensively to cover the major written literature on the issue under consideration. I also benefitted from a wide range of research and academic studies pertaining to the same topic, although that literature did not specifically address the issue of consumer rights in electronic contracting in the Saudi e-commerce system. Rather, it addressed only the civil and criminal protection of the consumer in e-commerce.

A Study on the Legal Protection of Science and Technology Databases on the Copyright Law and Online Digital Contents Industry Development Law (저작권법과 온라인 디지털 콘텐츠 산업발전법에 의한 과학기술 데이터베이스 법적보호에 관한 연구)

  • Jang, Tae-Jong;Yoo, Jae-Young;Jeong, Eui-Seob
    • Journal of Information Management
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    • v.36 no.2
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    • pp.153-172
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    • 2005
  • Currently the copyright law and the online digital contents industry development law aim to protect the producers of databases and digital contents. A report on databases in the United States describes that an additional protection of databases is needed as databases get more significant in terms of science and economy and become a key factor on Internet. At this moment, Korea does not recognize the importance of databases of science and technology when we look into any public or civil organizations. Accordingly this paper deals in depth with overall issues surrounding the regal protection of science and technology databases, key contents for science and technology databases protection by current laws, and additional protection problems. Considering that the industry of science and technology databases plays a pivotal role in the securement of national competitiveness, the preparation of legal measures to properly protect databases as one of the policies for the continuing development of databases should not be overlooked.

Recent Trends in the Theory of Expectation Rights Violations in Japan (기대권침해론에 관한 일본의 최근 동향)

  • Song, Young Min
    • The Korean Society of Law and Medicine
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    • v.14 no.1
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    • pp.209-236
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    • 2013
  • The concept of expectation rights considers 'the expectation' that the patient should be given proper medical treatment as the benefit and protection of the law, so it would be the benefit and protection of the law due to personal rights different from 'the legal principle that has the possibility to a considerable extent' being in an extension of life and body. However, the problem how the patient's expectation of medical service sets up in order to make it the benefit and protection of the law would be still left in the vague concept of the patient's 'expectation', thus, in the first place, the medical practice following formed medical standard in every particular medical institutes should be the standard because these medical services are normally within a range of the patients' expectations. In addition, it should be naturally constituted as mental profit to get the subjective circumstances such as 'the patient's expectation' to be an object, and also, different from the profit and protection of the law such as life and body that should be absolutely protected, the origin of violation behavior should be regarded simultaneously to define the denotation of expectation rights. Therefore, the expectation rights violations would be problematic in case it fails to reach the medical standard that is expected for common doctors to practice properly. This is the concept of expectation rights that gets subjective matters such as the patient's expectation to be objectivity as medical practices that can be expected by generalized abstract doctors. This standard should be defined as the minimum standard that is naturally expected for doctors to practice, different from medical standard that decides the level of doctors.

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Factors Influencing Clinical Nurses' Practice of Personal Information Protection: Focusing on Knowledge of Personal Information Protection Law and Nursing Patient Advocacy (임상간호사의 개인정보보호 실천 영향요인: 개인정보보호법 지식, 옹호간호를 중심으로)

  • Kim, Dongeun;Park, Wanju
    • Journal of Korean Clinical Nursing Research
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    • v.29 no.3
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    • pp.261-270
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    • 2023
  • Purpose: This study aimed to identify the influence of knowledge of personal information protection law and nursing patient advocacy on practice of personal information protection among nurses. Methods: The subjects were 130 nurses who have worked for six months or more in the ward of the tertiary or general hospitals. Data were collected from February 20 to March 3, 2023. Results: Factors influencing practice of personal information protection were acting as an advocate (β=.32, p=.004), environmental and educational influences (β=.21, p=.040), knowledge of personal information protection law (β=.19, p=.013) and clinical experience for five years or more but less than ten years (β=.17, p=.036). The regression model showed an explanatory power of 34.0%. Conclusion: Acting as an advocate has the most effect on practice of personal information protection. To promote practice of personal information protection for nurses, it is necessary to provide education related to privacy protection and encourage nursing patient advocacy.

A Study on the Matter of Double Contract for Trademark License in China (중국의 상표사용허가계약의 중첩체결에 관한 연구)

  • SONG, Soo-Ryun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.73
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    • pp.1-20
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    • 2017
  • There are many safeguards and measures available regulating the protection of a trademark and its registered holder, however, the protection of a licensee in a trademark license agreement is also important for protection of a intellectual property. Therefore, there are several measures in place for the protection of licensees' interests in Chinese trademark law. Article 43(3) of the Chinese Trademark Law rules a licensor who licenses others to use his registered trademark shall submit the trademark licensing to the trademark office for file, and the trademark office shall announce the trademark licensing to public. Without filing, the trademark licensing shall not be used against a bona fide third party. It means a licensee can not use an unrecorded license with the relevant trademark authority against third parties - essentially, this means that a licensee should insist on having their trademark license agreements recorded against the relevant trademark authority, so that a licensee's interests are protected as against the assignees, licensees and other types of third parties. Otherwise a third party in good faith can use the registered trademark legally against a licensee even though a trademark license agreement between a licensor and licensee is still valid.

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韓-歐FTA中与ILO相關條款紛爭及對中國的啓示

  • Go, Cheon-Cheon;Mun, Cheol-Ju
    • 중국학논총
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    • no.72
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    • pp.101-122
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    • 2021
  • Over the past 20 years, labor standards have been widely used in free trade agreements. The U.S., the European Union and China have all aggressively signed free trade agreements with their trading partners, developing different styles on labor standards. According to the study, the implementation of the KOREa-EU FREE trade agreement has been hampered by ongoing disputes over the terms of the FREE trade agreement and the ILO since the korea-EU free trade agreement was signed. Because in order to break this deadlock, relevant scholars have done a lot of research, but mainly focused on the economic and trade field. Therefore, this paper for the first time systematically studies the substantive focus of disputes over FTA and ILO clauses, and carefully analyzes the domestic law amended by South Korea, and provides suggestions and inspirations for China by drawing lessons from the revision model of South Korea's domestic law. This is from a newperspective: the essence of the korea-EU FTA and ILO disputes is the conflict between international law and domestic law, and the conflict between free trade agreements and human rights protection. It holds that the essence of disputes should be sorted out from the perspective of legal principles and human rights protection, and the free trade and human rights protection should be actively coordinated. In order to make China more actively integrate into the international economy, China should adopt a positive attitude to revise and perfect its own laws, so as to realize the purpose of common development of international trade and human rights protection.

A Quality Assurance for Building and Facing up to PL Law (건축물의 품질보증과 제조물책임법에 따른 대응-품질보증 활동과 관련법을 중심으로-)

  • 이학영
    • Journal of the Korean Professional Engineers Association
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    • v.33 no.2
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    • pp.18-21
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    • 2000
  • As consumer, one of the most important things how to get manufactured good is an assurance of quality. We have a consumer protection law which is weaker than product liability law(so called PL law), but stronger than civil law. In this special issue, we want to explain PL law which will be legislated within not long time and to propose a method of protection and defence in building and housing field. As the quality control of constructor, ISO 9000 series for quality assurance and CM (Construction Management) for quality assister are concerned in all construction process. Therefore, above mentioned PL law is very serious problems which are applied in apartment housing, if applied, a little part as not real estate will be possible.

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The Constitutionality of Individual Mandate under the U.S. Patient Protection and Affordable Care Act of 2010 (미국 의료개혁법의 의료보험 의무가입 제도에 대한 연방대법원의 합헌결정)

  • Lee, Won Bok
    • The Korean Society of Law and Medicine
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    • v.14 no.1
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    • pp.275-302
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    • 2013
  • The Unites States has been plagued with soaring health care costs and an alarmingly large number of uninsured population. The Patient Protection and Affordable Care Act of 2010 ushered in the most sweeping health care reform in the United States since the introduction of Medicare and Medicaid in 1965 to address these issues. The law's requirement for individuals to purchase health insurance (the so-called "individual mandate"), however, not only caused a political stir but also prompted constitutional challenges. Some questioned whether the federal government, lacking general police power, could require its citizens to buy unwanted insurance based on its enumerated powers under the U.S. Constitution. This paper summarizes the decision of the U.S. Supreme Court on the constitutionality of individual mandate, and explores how the decision relates to Korea's own universal health care.

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International Conference of Consumer Protection Issues on B2C in APEC (APEC 국가의 전자상거래 소비자보호 현황과 개선방안)

  • Jun, Eui-Cheon;Kim, Jang-Ho;Kim, Seog-Min
    • International Commerce and Information Review
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    • v.4 no.2
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    • pp.27-46
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    • 2002
  • Nowadays, the explosive evolvement of Internet. which is referred to as EC, has been prevailing. That has given the chance all of the world consumers to contact all of the world companies to enter into business relationship. But, electronic commerce laws have been established per conventional jurisdiction. some legal issues take place in the field of cross-border electronic commerce, including the governing law and competent courts. In this situations, it is gradually and widely required to lay down the internationally harmonized electronic commerce legal framework. Now, there are a lot of legal issues assumed in EC, in this study, we studied three precedence problems concerning B2C: Consumer Protection Law regarding B2C, Personal Information Protection Law in Private Sector regarding B2C, Web Site Trust Mark System.

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Issues of Harmonization of ISO 9001 Standard and the Law 09-08. Protection of Personal Data in Morocco: Potentials and Risks

  • Adil CHEBIR ;Ibtissam EL MOURY;Adil ECHCHELH;Omar TAOUAB
    • International Journal of Computer Science & Network Security
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    • v.23 no.10
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    • pp.57-66
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    • 2023
  • Since 2009, Morocco has had a law governing the processing of personal data, the law 09-08, and a supervisory authority, the CNDP (National Commission for the Protection of Personal Data). Since May 2018, the European General Regulation on the Protection of Personal Data (GDPR) entered into force, which applies outside the EU in certain cases and therefore to certain Moroccan companies. The question of the protection of personal data is primarily addressed to the customer. The latter may not only be a victim of crime linked to ICT, but also have to face risks linked to the collection and abusive processing of his personal data by the private and public sectors. Often the customer does not really know how their data is stored, nor for how long and for what purpose. This fact raises the question of satisfying customer requirements, in particular for organizations that have adopted a quality approach based on ISO 9001 standard.In order to master these constraints, Moroccan companies have to adopt strategies based on modern quality management techniques, especially the adoption of principles issued from the international standard ISO 9001 while being confirmed by the law 09-08. It is through ISO 9001 and the law 09-08 that these companies can refer to recognized approaches in terms of quality and compliance. The major challenge for these companies is to have a Quality approach that allows the coexistence between the law 09-08 and ISO 9001 standard and this article deals within this specific context.