• Title/Summary/Keyword: Protection of Law

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Bankruptcy Protection Law in US With Focus on The Bankruptcy Abuse Prevention And Consumer Act Of 2005

  • Alharthi, Saud Hamoud
    • International Journal of Computer Science & Network Security
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    • v.22 no.5
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    • pp.215-219
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    • 2022
  • Bankruptcy is one of the major areas that have attracted the interest of many researchers in the American system, particularly in terms of the laws that oversee it. It provides a plan of reorganization that enables the debtor or the proprietor to discharge liabilities to the creditors through dividing the assets to settle debts. This activity is carried out under supervision to fairly protect the interests of the creditors. Bankruptcy protection systems are dynamic and complex in nature, in line with the economic sector, ensuring the protection of affected individuals from falling into huge losses. Some bankruptcy procedures give the debtor the opportunity to stay in operation or business activity and benefit from revenues until the debt is settled. This law allows some debtors to be relived from any financial burden after the distribution of assets, even if the debt is not paid in full. In light of the above information, this research paper seeks to explore the nature of the complexity of bankruptcy protection laws, their characteristics, and the justice system that regulate them. It also sheds more light on the decision-making powers on bankruptcy cases. There are specialized courts that cover bankruptcy cases located in district courts in every state.

Prospects for Building a Legal System for Marine Environment Protection in China (중국의 해양환경법제 분석과 전개방향에 관한 고찰)

  • Yang, Hee-Cheol;Park, Seong-Wook;Park, Su-Jin;Kwon, Suk-Jae
    • Ocean and Polar Research
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    • v.30 no.1
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    • pp.89-107
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    • 2008
  • Marine environment is subject serious destruction because of frequent accidents during exploration of marine resources and overseas transport. Also, as many industrial enterprises discharge high volume of wastes and contamination, marine pollution has become a serious threat to people (especially in China). China is quickly becoming a world economic leader of the 21st century. Rapid industrialization and social changes have raised the standard of living of millions of the Chinese, mainly in the areas of East and South East coast. The process of industrialization, however, is often followed by deterioration of the marine environment and rarely turned around until a country has increased its standard of living. Solving these array of problems will take decades and currently the government is addressing minor specific issues only. Fortunately, the Chinese government has enacted a number of marine pollution control laws. On 25 December 1999, the 13th Session of the Ninth Standing Commettee of the National People's Congress passed the amended the Marine Environment Protection Law of the People's Republic of China. This Law establishes rights and responsibilities of the relevant departments concerning marine environment management and provides for two new chapters on "Marine Environment Supervision" and "Marine Ecological Protection", along with "Supervision of Pollution Prevention for Marine Construction Projects", "Marine Ecological Protection" and "Marine Environment Pollution Prevention for Marine Construction Projects". Also, the Law was amended with provisions for integrated pollution discharge control system and oil spillage emergency response plan and enhanced legal responsibilities. Chinese government recognizes that international and national experience can be useful for China to prevent further ecological degradation of the marine environment.

The Effect on Firm's Effort to Correct Discrimination against Fixed-term Workers of Articles Regarding Prohibition or Correction of Discrimination in the Fixed-term Worker Protection Law (차별시정에 관한 법률이 기업들의 차별시정 노력에 미친 영향)

  • Choi, Hyung-Jai
    • Journal of Labour Economics
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    • v.34 no.3
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    • pp.81-117
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    • 2011
  • This study examined how firms responded to the articles regarding the prohibition or correction of discrimination against fixed-term workers in the 'fixed-term worker protection law', which has been effective since July of 2007 in Korea. Data used cone from the Korean Workplace Survey, and a difference-in-differences method was employed for the identification of the causal effect, noting that the 'discrimination prohibition law' has been applied to firms over stages based on their sizes. The empirical results show no strong evidence that the law played a positive role in reducing differentials between permanent workers and fixed-term workers in the areas of wage and various employee benefits, including the provision of severance pay, annual leave, and 4 major social insurances for fixed-term workers. A more thorough future analysis on the causes of the insignificant impact of the law in some employee welfare benefits, along with supplemental policies, is needed to have the law achieve the desired goal of removing discrimination at the workplace.

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A Study on the Financial System for Developing Mineral Resources and Protecting the Marine Environment in the Area (심해저 광물자원 개발과 해양환경보호를 위한 재정제도에 관한 연구)

  • Seongwook Park
    • Ocean and Polar Research
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    • v.45 no.1
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    • pp.11-22
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    • 2023
  • For the commercial development of deep-sea mineral resources, the International Seabed Authority is engaged in wide ranging discussions to establish the Regulations on Exploitation. The core issue of the Regulations on Exploitation is how to protect the marine environment along with the royalty system that distributes the profits from such development. The United Nations Convention on the Law of the Sea stipulates the protection of the marine environment in Part 12 (Articles 192-237) for the preservation of the marine environment, and in the 1994 Implementation Agreement, the protection of the marine environment at the stage of application for approval of the plan of work together with the Regulations on Exploration for the protection of the marine environment. For this purpose, certain obligations are imposed on the applicants. In the Regulations on Exploitation, financial systems such as environmental performance guarantee, insurance, and environmental compensation funds, which were not found in the Regulations on Exploration, are added to further specify the measures for marine environment protection generally stipulated in the 1982 Law of the Convention or 1994 Implementation Agreement. Regarding the financial system for marine environment protection, the Marine Environmental Protection and Conservation Informal Working Group meeting is revising the purpose of the environmental compensation fund. Among these financial system elements, it is judged that there is a possibility that the environmental performance guarantee and insurance may overlap considerably, and it is also thought that the establishment of the environmental compensation fund can also provide a substantial sum of money that will meet the purpose of the compensation fund in terms of securing its financial resources. In this paper, the question is posed as to whether or not this can be accomplished. In this respect, this paper examines the environmental performance guarantee, insurance, and environmental compensation fund, which are necessary for the protection of the marine environment of the deep seabed, but which can impose appropriate obligations on contractors for the commercial development of deep seabed mineral resources. At the same time as figuring out how it is operated in relation to relevant domestic laws, I would like to propose a plan to reflect the implications derived from the domestic law operation process in the Regulations on Exploitation.

Consumer Protection in E-commerce: Synthesis Review of Related Articles and Websites.

  • Alharthi, Saud Hamoud
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.380-384
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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. I have divided the reviewed literature into two sections according to the sources.

A Study on the Copyright Survey for Design Protection in Metaverse Period

  • Kim, Gokmi;Jeon, Ju Hyun
    • International journal of advanced smart convergence
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    • v.10 no.3
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    • pp.181-186
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    • 2021
  • Among human intellectual creations, the right granted by law to what is worth protecting is defined as intellectual property rights. Copyright is a legal right to creative finished products made by individuals, and in recent years, this legal right has been recognized as very important. In other words, copyright is a system created to protect the rights of individuals who created creations and to recognize their efforts. Works subject to copyright vary from poetry, thesis, novels to designs, paintings, music, and architecture, and the scope of the subject is gradually expanding. Recently, research has begun on how far the Metaverse design area absorbed into the real world among works. Computer-generated video productions and software program works are also subject to digital copyright protection, but it is also true that the interpretation of the author protection law for works, designs, and trademarks in the virtual world is unclear. This study aims to analyze copyrights based on case studies and theoretical backgrounds on copyright protection and to discuss the protection limitations of Metaverse design in the virtual world. In other words, the direction for the protection of Metaverse design is presented through clear distinction and definition of copyright protection in the tertiary virtual world. This study aims to present methods for design copyright protection in the era of Metaverse, respect copyright holders' creative activities, and develop our culture through protection of creations.

Intellectual Property Rights Analysis of 3D Avatars for Ubiquitous Fashion Business (유비쿼터스 패션 비즈니스를 위한 3차원 Avatar의 지적재산권 분석)

  • Park, Ha-Jin;Chang, Sue-Hyun;Park, Chang-Kyu
    • Journal of Fashion Business
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    • v.13 no.4
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    • pp.37-50
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    • 2009
  • Recently, as individual 3D avatars are rapidly generalized in internet sites, its commercial applications for fashion business are being tried in ubiquitous fashion shopping era. In this research, we have investigated and analyzed patent problems of 3D avatar including personal body data to activate the fashion business using 3D avatars. Here, considering the patents for 3D face and body generation methods are already published, this research is focused on whole 3D body avatar obtained from individual body information. Firstly, definition of 3D avatar and its application cases have been investigated and then it has been researched whether or not legal protections by patent law, copyright law, computer program protection law, design protection law and fair competition laws are feasible in view of the subjects to be protected in each law and requirements for such protections. It was revealed that patent law may provide legal protections for 3D avatar and domestic and foreign patents related to 3D avatar have been researched.

A Constitutional Study on the Unborn Human Life : Focusing on the Right to Life of the Fetus and the Embryo (출생 전 생명에 대한 헌법적 고찰 - 태아 및 배아의 생명권과 그 제한을 중심으로 -)

  • Kim, Eun-Ae
    • The Korean Society of Law and Medicine
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    • v.10 no.1
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    • pp.39-75
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    • 2009
  • The development of the biomedical science and technology has extended an argument about a status in constitutional law of unborn human life and a protection of the potential human life to that of an embryo and a gamete beyond a fetus. This argument has been focused on whether we should provide unborn or potential human life with human dignity and the right to life that are guaranteed by the constitutional law altogether or separately. If the right to life is given to unborn or potential human life, on what grounds can we restrict this right. Those who argue for the unity of the right to life with human dignity and the inseparability of those two claims that the right to life in itself should be guaranteed absolutely. According to the constitutional law, however, any constitutional right of the human person within the protection of essential part of the right can be compared with each other and restricted with some valid reasons from the legal perspective. This measure is unavoidable in reality because one right can come into conflict with another right frequently. Since fetus and embryo are in a process of developing into the human person, it is difficult to think that they are the same with the human person. For that reason, it is hard to consider that the right to life of fetus or embryo is the same with that of the human person. However, since a fetus has a special status as a potential human person, and an embryo also has a special value as a potential fetus upon an implantation, the right to life of fetus or embryo should be judged differently according to the stage of their development. A study on a constitutional status and protection of a fetus and an embryo is essential because unborn or potential human life is the origin of human person. Therefore, we have to make much account of their right to life and seek the legal respect for their inherent value.

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