• Title/Summary/Keyword: legal evidence

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Determinants of Corporate Anti-Corruption Practice Disclosure: Evidence from Chinese Firms

  • Yin, Hong;Zhang, Ruonan
    • The Journal of Industrial Distribution & Business
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    • v.10 no.3
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    • pp.7-16
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    • 2019
  • Purpose - The purpose of this paper is to investigate the determinants of corporate anti-corruption practice disclosure (ACPD) from the perspective of rent-seeking theory. Research design, data, and methodology - Data are hand-collected from corporate social responsibility reports (CSRR) issued by 724 A-share listed firms in China. This paper provides an empirical analysis of the relationship between ownership structure and corporate ACPD as well as its moderating role in the institutional environment. Results - Our findings indicate that rent-seeking is a key factor in influencing corporate ACPD. State-owned enterprises disclose significantly more anti-corruption information than private ones in order to achieve personal promotion of top executives. Monopoly enterprises reported significantly less anti-corruption information than enterprises in competitive industries due to their rent-seeking behavior. The reduction of government intervention and improvement of legal environment are helpful to curb corporate rent-seeking activities and enhance the level of corporate ACPD. Conclusions - Rent-seeking is an important factor in explaining corporate voluntary disclosure in emerging countries. Institutional environment also plays a moderating role in the relationship between ownership structure and corporate voluntary disclosure. Our results are of interest to policy makers, regulators and market participants that are interested in corporate voluntary disclosure and corruption prevention.

Factors Related to the Recognition and Behavioral Intention for Smoking Cessation Programs (금연프로그램에 대한 인지도, 이용의도 및 영향요인)

  • 장혜정;노맹석
    • Korean Journal of Health Education and Promotion
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    • v.20 no.3
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    • pp.1-18
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    • 2003
  • This study was conducted to evaluate factors related to the recogniton and behavioral intention for smoking cessation programs. Five effective smoking cessation programs were considered: acupuncture, nicotine patch, clinic program, mass education, and alliance programs. To explain the health behavior for smoking and smoking cessation programs, a five-stage behavioral intention model was built, and 500 questionnaires were completed through a telephone survey. Stages of the model included recogniton of the programs, past experiences, present smoking status, intention for smoking, and behavioral intention for smoking cessation programs. The results showed that the recogniton rate of the programs were low in general, therefore strategies of education, public relations, and advertisement need to be pursued. Nicotine dependency resulted in the fact that success rates were low although trial rates of smoking cessation were high among smokers. The necessity for smoking cessation programs was suggested. And the significant factors related to the intention for smoking cessation were individual attitude and reluctancy to pay time and money. Others' attitude was insignificant to subjects' smoking cessation. Purchase rates for nicotine patches were 11.3% for male and 27.3% for female, those for acupunture were 7.6% for male and 10.0% for female. There were very low purchase rates for clinic, mass education, and alliance programs. In conclusion, evidence-based and effective smoking cessation programs need to be promoted by medical doctors. Strategies in education, public relations, and advertisement also need development. In addition, continuing legal and systematic support for smoking cessation would lower the smoking rate and ultimately contribute to the nation's health.

An Evolutionary Concept Analysis of Forensic Nursing Competency (법의간호 역량에 대한 진화론적 개념분석)

  • Jo, Na Young;Lee, Yun Mi;Son, Youn-Jung
    • Journal of Korean Critical Care Nursing
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    • v.11 no.2
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    • pp.34-50
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    • 2018
  • Purpose : This study aimed to clarify attributes, antecedents, and consequences of forensic nursing competency. Method : Rodgers' evolutionary concept analysis was used to analyze twenty nine articles on forensic nursing based on a systematic review of theology, medicine, psychology, and nursing literature. Results : Forensic nursing competency consists of the following seven attributes: awareness of the medico-legal problem, multidisciplinary integrated knowledge, education and training in forensic science, professional career development, evidence based practice in forensic nursing, collaborative forensic nursing with community partner, safety and security effective communication, and supportive relationships. Finally, we could explain the consequences of forensic nursing competency on knowledge construction in nursing, enhancing professional nursing, and establishing a human rights and social justice based approach. The antecedents of forensic nursing competency were forensic science interest, forensic science experience, and nurses' view of person in forensic-works. Conclusion : Based on these results, we recommend the development of a Korean version of a scale to assess forensic nursing competency.

Utilization of Mediation under KCAB in International Commercial Disputes - Focusing on Comparison with AAA - (국제상사분쟁에서 KCAB 조정의 활용방안 - AAA와의 비교를 중심으로 -)

  • JANG, Eun-Hee
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.77
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    • pp.91-112
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    • 2018
  • Mediation is one of several alternatives to litigation or arbitration. It is the most informal of the alternatives and the only one that gives the parties control over the outcome. The mediator in mediation is there to help the parties persuade each other that it is in their best interests to settle. As several advantages of mediation, it is considered as the fastest way to resolve a dispute because procedures associated with litigation are not imported into the process. In mediation, the client's resources are focused on resolving the dispute as opposed to building armaments of evidence to buttress legal and factual positions. The AAA commercial mediation rules and operations in the USA are very successful owing to professional training for mediators and simple procedures for mediation to the public. Comparison with USA mediation, KCAB mediation system has several weak points. KCAB mainly deals with administrative matters related to Foreign Trade Law. Therefore, it is necessary for KCAB to come up with more improved international commercial mediation. For example, mediation should be promoted to the public as who easily rely on litigation or arbitration. Second, Setting a rule for easy access to mediation is needed by bench marking AAA's mediation guidelines and operations. Third, professional mediators should be developed by establishing relevant ADR course in law schools. This article investigated some differences of mediation system between KCAB in Korea and AAA in USA, and present some suggestions in order to promote International commercial mediation in KCAB.

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The Criteria of Medical Malpractice of Medical Doctors and Oriental Medical Doctors in Korea (이원적 의료체계에서 의사와 한의사의 과실판단)

  • Lee, Baek-Hyu
    • The Korean Society of Law and Medicine
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    • v.12 no.2
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    • pp.123-158
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    • 2011
  • The Korea health care system has been divided into Western and Oriental (Korea traditional) medicine since 1951. In accordance with dualistic medical system, there are many conflict cases between medical doctors and oriental medical doctors. Meanwhile, there were much discussions about the meaning and criteria of medical malpractice(negligence). Especially, many cases have been built up about the criteria of medical malpractice through lawsuits. But, comparatively, there's few the medical malpractice case of the oriental medical doctors. According to a recent ruling of the Supreme Court, the legal principles of medical doctor's malpractice case are equally applied to the criteria of the oriental medical doctor's malpractice case. But there are much considerations in addition to these principles for the dualistic medical system and academic distinctiveness. This study is intended to review the dualistic medical system, the criterion of medical malpractice, and analysis this issues. To make long story short, under our dualistic medical system, judging the medical and oriental malpractice should be considered relatively. However, it makes sense that we want medical doctor or oriental medical doctor to demand the reinforced negligence to restrict the unnecessary discretion. If there is lack of evidence-based medicine or the rationality suspected, the health care providers must give enough proof.

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Establishing "Green Regionalism" Environmental Technology Generation across East Asia and Beyond

  • Shapiro, Matthew A.
    • Journal of Contemporary Eastern Asia
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    • v.13 no.2
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    • pp.41-56
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    • 2014
  • This research paper advances our understanding of complex interdependence among countries. Existing research has found that total factor productivity (TFP), the residual from the economic growth function, is hindered in the absence of a country's strong political and legal institutions or if a country does not already have a sufficiently high level of TFP. We also know that regional efforts to eliminate pollution are complex. Bridging these two areas while focusing on a high polluting yet high innovating region, the following research questions are posed: Are Northeast Asian countries key collaborators in pursuit of green R&D? Are Northeast Asian countries collaborating extensively with each other? What are the implications for other regions' attempts to establish these kinds of relations? To answer the above questions, biofuels-related technology as defined in the International Patent Classification's "green inventory" of environmentally sound technologies is examined. Patent data is drawn from the USPTO and inventors' country origin as the unit of analysis. For the 1990-2013 period, the Northeast Asian countries are in the core of a small set of collaborating countries. There is evidence that their centrality has increased in recent years. Most importantly, East Asia is becoming a singular research hub in terms of biofuels-related R&D, offering a counter in the foreseeable future to the dominance of the American and European research network hubs.

A study on the sponsorship tactics of transnational tobacco companies in Korea: Review and analysis of tobacco industry internal documents (담배회사 내부문건분석을 통한 다국적 담배회사의 국내 후원 전략에 관한 연구)

  • Kim, Hyojin;Lee, Sungkyu;Kang, Eungjeong
    • Korean Journal of Health Education and Promotion
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    • v.33 no.3
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    • pp.71-82
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    • 2016
  • Objectives: In this study, it was analyzed which marketing activity strategy multinational tobacco companies established against Republic of Korea through their internal documents and it was checked out how the marketing activities mentioned in the documents turned out to be actually. Methods: For that, analyzed the internal documents of tobacco companies after connecting Legacy Tobacco Documents Library(LTDL). Three documents were selected finally out of total searched 1,752 documents except the ones that did not include the theme or not appropriate. Results: Internal documents analysis showed that people smoke because the filter of cigarette shown in the movies looks nice. Tobacco companies carried out the marketing through sponsorship of soccer games, F1 Grand Prix was found in the internal documents. Conclusions: The legal restriction on marketing activities of tobacco companies should be enhanced by removing the articles of allowing advertisement and promotion for tobacco companies in Korean domestic law.

Non-repudiation Protocol for Efficiency and Fairness in TTP Security Service Level (TTP 보안 서비스 레벨에서 효율성과 공정성을 고려한 부인봉쇄 프로토콜)

  • 박상준;홍충선;이대영
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.26 no.11C
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    • pp.24-32
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    • 2001
  • Recently, in the case that provides electronic services using Internet, we need the non-repudiation service that supplies a technological evidence about actions between a sender and a receiver that violate the promised protocol. Also, this service offers legal evidences while producing controversy. In this paper, we propose a protocol that improves the efficiency and offers the fairness of non-repudiation service by the extension of ability of TTP (Trusted Third Party). The proposed protocol adds a Time Check function and an Alert Message to extend the ability of TTP. Through the computer simulation, we prove that the proposed protocol has better efficiency than previous protocols.

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Social Responsibility, Organizational Commitment, and Organizational Performance: Food Processing Enterprises in the Mekong River Delta

  • NGUYEN, Thanh Hung;TU, Van Binh
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.2
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    • pp.309-316
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    • 2020
  • This study aims to measure the relationship between corporate social responsibility (CSR) and affective commitment (ACO), normative commitment (NCO), and organizational performance in food processing enterprises (FPEs) in the Mekong River Delta, Vietnam. To test the initial model proposed in this paper, a total of 422 owners, directors and managers of FPEs were interviewed from some provinces in the Mekong River Delta. The method of exploratory factor analysis (EFA) is initially employed, then confirmatory factor analysis (CFA) and structure equation modelling (SEM) are used. The results of SEM showed that higher affective commitment was correlated with normative commitment. The results showed that four aspects of CSR toward employees, customers, environment and legal are significant factors. As a result, ACO and NCO act as mediators between CSR and organizational performance. This finding provides strong evidence of the important role of CSR to support positive impacts on ACO, NCO, and orgazational performance (OP). In addition, the success of the organizational performance is also found by contributions of CSR and NCO to its changes. Although ACO does not directly affect performance, it has a positive effect on the NCO. Therefore, it is necessary to enhance the implementation of CSR to promote implementation of organizational commitments.

An Analysis of a Precedent of the Supreme Court about School Safety Accidents (학교 안전사고에 대한 대법원 판례 분석)

  • Kim, Dal-Hyo
    • Journal of Fisheries and Marine Sciences Education
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    • v.19 no.2
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    • pp.168-179
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    • 2007
  • There are many students in school. So school safety accidents are happened by accident. But, if teachers know and understand about school safety accidents exactly, the school safety accidents can be reduced. The conclusion of this study is as follow. First, generally teacher has a duty and responsibility to protect and care students in educational activities. And teacher has a responsibility to protect and care students only in the cases of predictability. Second, teacher must do his/her best about a duty of attention. If teacher do his/her best about a duty of attention, he(she) has not the responsibility about the accident. Third, teacher needs to have more concern student who has a controversial figure. And teacher needs to have an evidence that he/she did his/her best for the student ordinary times. Fourth, the criteria of teacher's legal or illegal punishment to students is (1) the motivation and details for punishment, (2) the methods and degree for punishment, (3) a part of body for punishment, (4) the degree of damage for punishment. Fifth, teacher need to learn the program about school safety accidents systematically.