• Title/Summary/Keyword: legal framework

Search Result 352, Processing Time 0.024 seconds

Current Discussions on Electronic Commerce in the WTO and Korea's Response (WTO 전자상거래의 논의동향과 대응방안)

  • Lee, Shin-Kyuo
    • The Journal of Information Technology
    • /
    • v.5 no.3
    • /
    • pp.137-156
    • /
    • 2002
  • This paper is to analyzes the recent discussions in the WTO and to draw some basic policy implications for Korea concerning electronic commerce. To foster electronic transactions. the WTO agreement should establish a basic legal framework for international transactions to guarantee a stable and predictable environment. The member countries in the WTO, however, have not formed a consensus on the definition, classification, technological neutrality, and domestic regulations dealing with electronic commerce. Digital transfer and classifications of electronic transfer are the most difficult problems to be solved. The discussions on electronic commerce which had been on hold after the Seattle Ministerial is due to begin in a special working group of specialists. Electronic transactions in Korea have been increased rapidly and the implementation of concrete forms and rules of electronic commerce in the WTO will be influential to international trade as we to adopt them in the transactions. Therefore, we have to open our eyes to the trends of international discussions on this matter and to make our rules and laws of electronic commerce to the international levels.

  • PDF

A Study on Acceptance of CDM/UCR in WCO as e-Customs clearance procedures (WCO의 CDM과 UCR을 수용한 전자통관시스템 발전 방안)

  • Ryu, Geun-Woo;Kim, Young-Chun
    • International Commerce and Information Review
    • /
    • v.9 no.2
    • /
    • pp.327-350
    • /
    • 2007
  • A single window platform must be successfully established by implementing CDM/UCR in WCO and UNeDocs in UN/CEFACT, which is part of the framework of standards for secure and facilitate global trade. Core success factors in single window platform for international trade depend on political innovative capacity, advanced leadership of high ranking officials and departments in charge, effective collaborations between the ministries and offices concerned which are supported by supreme executives, self-controlled coordinations between users, convenience and access availability to users, promotion and marketing, identification on predictive impediments, financial raising and revenue model payable, communication's strategy, valid legal basis etc. To settle a stable ubiquitous e-trade platform, firstly, procedures and practices of customs clearance which different from one another mutually must be standardized globally. Secondly, the international standard electronic data exchanges must be introduced to facilitate and simplify customs clearing procedures by holding administrative informations in common between public institutions. thirdly, cooperative work model must be accepted with enhancing outsourcing business between reference groups (export-import firms and IT service providers).

  • PDF

Quality of Corporate Governance: A Review from the Literature

  • Rahman, Md. Musfiqur;Khatun, Naima
    • The Journal of Asian Finance, Economics and Business
    • /
    • v.4 no.1
    • /
    • pp.59-66
    • /
    • 2017
  • The purpose of this paper is to review the quality of corporate governance from the prior empirical literature. This study finds that most of the researchers developed the self structured corporate governance index and few researchers used the corporate governance index provided by rating agencies. This study also finds that there is no uniform basis to measure the corporate governance quality and observed the variation in terms of overall and individual attributes of corporate governance; sub-indices of corporate governance; scoring system; weighted and un-weighted method; statistical method; time period; financial and non financial companies; code of corporate governance; listing requirement; disclosure practices; legal environment; firms characteristics; and country perspective. This study also observed that overall corporate governance quality is very low in most of the studies and even quality of corporate governance varies in the firms within the same country. This study recommends that the boundary of corporate governance quality should be defined based on the agreed set of rules and regulation, code of governance and practices. This study also suggests that the regulator and policy makers should more emphasize on code of corporate governance and regulatory framework and monitoring to improve the quality of corporate governance.

Status and its Improvement of Comprehensive Water Quality Evaluation (물환경 종합평가의 현황과 선진화 방안)

  • Choi, Ji Yong;Lee, Jee Hyun;Lee, Jae Kwan;Kim, Chang Su
    • Journal of Korean Society on Water Environment
    • /
    • v.22 no.5
    • /
    • pp.748-756
    • /
    • 2006
  • Accurate and timely information on status and trends in the environment is necessary to shape sound water quality management policy and to implement water quality improvement programs efficiently. One of the most effective ways to communicate information on water quality trends to policy-makers, scientists, and the general public is with comprehensive water quality indices. The derivation and structure of a water quality index (WQI) for the classification of surface water quality is discussed. The WQI generally developed through the selection, transformation and weighting of determinants with rating curves based on legal standards and quality directives or guidelines. The representative pollutants should be included in the index, and the relationship between the quantity of these pollutants in the water and the resulting quality of the water should be based on scientific results. The WQI be simply and meaningfully formulated that nonscientifically trained users can easily become familiar with the framework of the system and use the output data to evaluate their own pollution problems.

Policy on Hospice and Palliative Care in Korea (말기암환자 완화의료정책 현황)

  • Chang, Yoon-Jung
    • Journal of Hospice and Palliative Care
    • /
    • v.15 no.4
    • /
    • pp.183-187
    • /
    • 2012
  • The importance of palliative care for terminal cancer patients has been emphasized globally. Korea has formulated and implemented its policy for cancer control as it drew up a 10-year plan for cancer patient care. We examined Korea's National Cancer Act and the second 10-year plan for cancer patient care, which are legal grounds for palliative care projects for terminal cancer patients, to check the current status of Korea's efforts to establish a hospice and palliative care system. Institutionalization of hospice and palliative care has been developed within a framework of the national cancer project. Efforts such as expansion of hospice units, experts training and quality improvement should continue after the reimbursement of hospice and palliative care begins in 2013.

A Study on Activating Disaster Management Standard Implementation (재난관리기준 이행 활성화 연구)

  • Lee, Young Jai;Jo, In Sung
    • Journal of Korean Society of Disaster and Security
    • /
    • v.5 no.2
    • /
    • pp.21-26
    • /
    • 2012
  • Disaster management standard has not been invigorated because it usually has documented qualities. Since its enactment and notification, there has been a lack of continual education and publicity that lead to poor awareness on disaster management. The purpose of this study investigates on activating the use of disaster management standards by disaster related agencies and organization during their work. It proposes details on how to distribute and promote disaster management standards, develop textbook, evaluation and feedback. Furthermore, it also developed an organizational structure and legal framework as measure for disaster management.

A Study on the on-line Dispute Resolution for the E-Trade (전자무역의 분쟁해결방안에 관한 연구)

  • 이상옥
    • Journal of Arbitration Studies
    • /
    • v.13 no.2
    • /
    • pp.425-457
    • /
    • 2004
  • This study is to approach e-Trade issues and how to settle the dispute for e-Trade according to on-line Alternative Dispute Resolution (ADR) process. Most on-line systems operate on a limited access basis. The increasing use of the internet to do business brings to light at least important concerns to persons who engage in commerce on-line, or e-Trade. There is some concern about the limits of current internet technology to guarantee the security of e-Trade. The new technology has transformed society and is defining new years of doing business. This revolution in technology has even changed the nature of many of the goods and services that are the subjects of e-Trade. There is also concern about the limits of the legal framework to guarantee the enforcement of e-Trade. A significant issue is how the law should be adapted to reflect business practices regarding such cyberspace agreements as Web site click-on agreements, e-data interchange, and on-line sales. The principal benefits of on-line ADR should typically be faster and less expensive than traditional conciliation arbitration. The on-line ADR system has the several significances, decreasing inappropriate cost as time and burden of ADR, providing an approachable measure of relief and more efficient tool for the settle of dispute. Therefore, on-line ADR could be used as an adjunct resolution process in large class actions where each single claim is small, but varies somewhat, thus requiring some individual fact determination.

  • PDF

The Doctrine of Separability and Kompetenz-Kompetenz under International Commercial Arbitration. (국제상사중재에 있어서의 분리원칙과 중재인의 자기관할권판정의 원칙)

  • 박영길
    • Journal of Arbitration Studies
    • /
    • v.13 no.2
    • /
    • pp.211-234
    • /
    • 2004
  • When there is a dispute in international commercial contracts, the arbitration system, which is an ADR system, is often utilized. The Arbitration system can only be put to use when there is an arbitration agreement between the parties concerned, but even in this case, the one party of the contract tries to avoid the braking of the arbitration. In this case, separability doctrine and Kompetenz-Kompetenz doctrine can be used for the smooth operation of the Arbitration system. This paper reviews these two doctrines, taking a close look at UNCITRAL, ICC, America's FAA and case examples, and France's system and its case examples. U.S. has adopted separability doctrine for the Prima paint case but not the Kompetenz-Kompetenz doctrine. English has adopted separability doctrine for the Heyman case but not the Kompetenz-Kompetenz doctrine. However in France, both doctrines are adopted. France, which accords international arbitration the most highly favorable status of the three nations, has developed the legal framework that best promotes the public policy goal of encouraging the use of arbitration agreements in international commerce. In Korea, the above doctrines are prescribed in Article 17 of the arbitration law, as prescribed by the UNCITRAL Model law. However it takes the form of German laws. The adoption of the French system would have been wiser considering the promotion of the arbitration system.

  • PDF

Usufruct Rights Conflicts during the Exploitation and Management of Forest Parks in China

  • Zhang, Hao;Park, Bong-Woo
    • Journal of Forest and Environmental Science
    • /
    • v.25 no.3
    • /
    • pp.139-146
    • /
    • 2009
  • Forest parks are regarded as one of the scientific ways to keep the forest sustainably developed, meanwhile deliver the benefits to the general public. The development of forest parks in China has experienced simply more than 20 years and both the exploitation and management institutions haven't been set up systematically, which, in reality, reflects as inadequate legislative and policy framework. Without the regulatory guidance and collaborating assistance of environment relating governmental sectors at both national and local levels, it's inevitable that the development of forest parks in the country would face constant problems and conflicts. Therefore, it might be helpful to sort out this conflicts and problems and further more to work out how to solve the barriers. The research in this report started with introducing the IUCN Protected Areas Categories, the overall current situations in China and compared the definition of forest parks in the country and that in international experience. It is to aim to find out the real usufruct rights conflicts during the exploitation and management of forest parks and the method used in this report is field visit, previous investigation, collecting secondary materials, interview, analysis and comparison. The research result in this report couldn't cover all the conflict situations during the forest parks' exploitation and management in China but will provide the analysis of this problem from the legal perspective. Practical application and concerning suggestion will be fully discussed in Part 5 in terms of legislative, social and environmental effects.

  • PDF

The Implementation Process of School Health Education Act (학교 보건교육 법률 집행 과정)

  • Woo, Okyeong
    • Journal of the Korean Society of School Health
    • /
    • v.28 no.1
    • /
    • pp.38-46
    • /
    • 2015
  • Purpose: The object of this study is to identify the reason why school health education act had not been enforced properly, and to find out implications for improving. Methods: The implementation process of school health education act was described and the imperatives of the process were analysed. M. Rein's Policy Implementation Model was used as an analysis framework. The sources of this study was based on the minutes of parliament, government reports, materials for the meetings of policy makers, the press, etc. Results: The school health education act clarified mandatory and systemic health education in it, but it did not clearly mentioned about 'the introduction of compulsory health education subject'. The bureaucrats of National Educational Ministry who are responsible for policy implementation, did not behave in a friendly manner toward the school health education act. What is more, the ways of mandatory and systemic school health education could not be discussed reasonably in the implementation process. Through this study it was found that the rational-bureaucratic imperative played the main role in the implementation process of school health education act due to the limitation of the legal imperative and the consensual imperative. Conclusion: The result of this study suggests the strong need to make up for the defect of the two imperatives, and to reform the rational-bureaucratic imperative.