• Title/Summary/Keyword: legal framework

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A Study on the Prospects of Export Control System Regarding to the Strategic Items (전략물자 수출통제의 현황과 전망에 관한고찰)

  • Oh, Hyon-Sok;Yang, Jung-Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.42
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    • pp.309-335
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    • 2009
  • Over the last several years, regarding to the strategic items, the international community has seen governments make more formal commitments to adopt and implement effective export controls to counter the proliferation of weapons of mass destruction(WMD). United Nations Security Council Resolution 1540(that is "S/RES/1540") stands as the most important of these commitments. Many UN members already have export control laws and regulations in place to prevent the proliferation of weapons of mass destruction. Many members also participate in a variety of formal and informal international arrangements to coordinate their export control efforts. Nonetheless, each of these countries has its own unique legal framework for export controls. This generates considerable diversity in the construction of the specific national legal authorities. Over the last few years, however, a consensus over what constitutes the key elements of effective legal authorities for export controls has begun to emerge. Evidence for this development comes in the identification of best legal authorities or principles at several multilateral conferences on export controls.

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Independence and Transparency of the Central Bank of Kazakhstan

  • Nurbayev, Daniyar
    • The Journal of Asian Finance, Economics and Business
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    • v.2 no.4
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    • pp.31-38
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    • 2015
  • During the last two decades the idea that central bank independence and transparency helps to maintain price stability, became popular among economists and central bankers. Many countries' governments give their monetary authorities higher independence and transparency to achieve the price stability goal. However, emerging countries such as Kazakhstan, suffer from high inflation. This inflation occurs largely due to a low level of independence and transparency of central banks. This research project measures the current level of independence and transparency of central bank of Kazakhstan. Indices were used to measure central bank independence and transparency. Central bank independence was measured by two types of indices: based on central bank laws (legal independence) and based on central banks governor's turnover (TOR). Developing countries have a weak legal framework, implying that a legal independence index cannot be appropriate to use as a measures of actual independence. Therefore, by paying attention to the other two indices, we can say that the central bank of Kazakhstan has a low level of independence and transparency. This, in turn, can be one of the causes of high inflation in Kazakhstan.

A Study on the Legal Concept and the Scope of Public Records (공공기록의 개념 및 범위에 관한 논의)

  • Kyungnam Lee
    • Journal of the Korean Society for information Management
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    • v.40 no.1
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    • pp.95-119
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    • 2023
  • Public institutions defining the legal scope of records management are a prerequisite to ensure the accountability and public's right to know. In this study, the requirements essential for determining the legal scope of the concept of public records were identified. For this, the concept of policies and the scope of public records which were prescribed by current laws such as the Public Records Management Act, Electronic Government Act, and Framework Act on Electronic Documents and Transactions were analyzed by this study. Furthermore, by examining both domestic and foreign cases on the legal competence of evidence of digitized records, institutional supplementary points were proposed.

A Study on Collective Consumer Dispute Mediation System (집단소비자분쟁조정제도에 관한 연구)

  • Kim, Sang-Chan;Lee, Choong-Eun
    • Journal of Arbitration Studies
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    • v.19 no.1
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    • pp.99-119
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    • 2009
  • In modern capitalistic society, the harmed consumers like consumer complaints etc. are increasing day by day being caused by mass production and mass consumption etc. These consumer damages can come out as many types, but can be the most typical form. If there is a majority of the small sum damage, being saved by legal procedures is a fact that many consumers renounce it for long time, lots of expense and the complexity of the process etc. So, the government enforces consumer groups suit and collective dispute mediation system revising Framework Act on consumer. Specially, collective dispute mediation system, one of the ADR, saves the harmed consumers and accomodates efficiency in management of consumer dispute settlement commission by dealing with it collectively if the same or similar damage without a legal procedure happens to a great number of consumers. However, collective consumer dispute mediation system also has a number of problems. Therefore, this thesis is looking into the function and procedure of the collective consumer dispute mediation system on Framework Act on consumer as well as its problems and ways of improving it.

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An Understanding of the Legal Framework of EASA UAS Regulation Towards Improvement of Aviation Safety Law (항공안전법 개선을 위한 EASA 무인항공기 규정의 법적 체계에 대한 이해)

  • Kwon, Taehwa;Nah, Seunghyeok;Jeon, Seungmok
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.49 no.5
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    • pp.425-435
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    • 2021
  • It is imperative to examine the regulatory trends of leading overseas aviation authorities to accelerate the effort to integrate emerging new air vehicle concepts such as UAS and eVTOL into the existing national airspace system. Whilst EASA seems to react swiftly in relation to regulatory framework by proposing new sets of customised special conditions to cope with a growing demand to introduce new aircraft concepts, understanding of such movement lags behind mainly due to the complexity of EASA's regulation structure, not to mention EU's legal system. Witnessing this situation, this paper reviewed the legal system of the EU which forms the basis of EASA's regulation system together with its own recently published UAS regulations so as to contribute towards the improvement of the aviation regulatory framework.

Study on Reorganization of the Legal System for the Integrated Rural Development (통합적 농촌지역개발 추진을 위한 법체계 개편방안 연구)

  • Park, Chang Won;Kim, Sebin;Lee, Junwoo;Lee, Bohwi;Gim, Uhn-soon;Koo, Seungmo
    • Journal of Korean Society of Rural Planning
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    • v.25 no.2
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    • pp.1-13
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    • 2019
  • The rural development policies and projects in Korea has been implemented with various related acts. For instance, these acts include Framework Act on the National Land, National Land Planning Utilization Act, Special Act on Balanced National Development, etc, enacted by each of adminstration. However, there are some limitations to encourage the variety of rural development policies due to duplication and overlapping between the relevant acts. Nowadays, the fields of rural development have been evolved and integrated not only by agricultural infrastructures but also in various fields such as multi-functional industry including rural tourism, green care, and cultural welfare, etc. Therefore, the current legal system may not effectively accept and support in various rural development policies and projects at all. This study tried to figure out the necessity of reorganization related legal system through the field survey to planners, residents and analysts regarding the correlation between legal systems and projects. For these reasons, this study tried to find out the problem of current legal system and then, suggested alternative methods related to the legal system for integrated rural development. The scope of the study is as follows; 1)correlation analysis between relevant laws and rural development projects. 2)field survey to figure out the legitimacy and validity for the reorganization of the legal system. At last the result of the research has suggested an alternative method to reorganize the legal system and proposed the new legal system with is good for integrated rural development.

Environment of Doing Business in East Asia : South Korean Experience

  • Malek, Jihene
    • The Journal of Industrial Distribution & Business
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    • v.7 no.1
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    • pp.19-25
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    • 2016
  • Purpose - The purpose of this paper is to aim to stress the importance of doing business environment in South Korean economy. The theoretical justification is based on neo-institutional theories and new business management including Porter's Model as main justifications of state intervention due to the market failures to promote a competitive environment of doing business. Research design, data and methodology - The methods to be taken is to provide a comparative performance analysis, and offer in terms of doing business and economic freedom sub-index complemented by Korean reforms diagnostics. Results - The main results underlined the key factors explain the success of business environment in South Korea such as: a simplified registration procedures, a target tax incentives, the removal of business barriers, the improvement of legislative and regulatory framework, target reforms, property right and technical norms, good governance and the quality of institution, a role of a well-functioning legal framework, a strong competition framework, and the transparency of regulation, etc. Conclusion - A competitive environment of doing business is based on the target national strategies, appropriate reforms responding to national needs and good governance system.

A study on the legal structure of the nuclear law system using social network analysis (사회 연결망분석을 활용한 법제 네트워크 구조에 관한 연구: 원자력산업의 관계 법령정보를 중심으로)

  • Jeon, Jieun;Lee, Sanghoon
    • Journal of Digital Convergence
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    • v.17 no.8
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    • pp.47-60
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    • 2019
  • The purpose of this study is to explore the overall structural relationship between the statutory provisions of nuclear energy legislation and to identify the coherence of the nuclear law system using social network analysis. In particular, we analyze the legal structure of the "Nuclear Safety Act", which plays a central role in nuclear safety regulation, to examine the key provisions in legal network structure of Nuclear Safety Act. Therefore, we found the structural problems of the nuclear legal system and suggest the legislative improvement plan for reducing excessive legislative activity and determining the need for legal amendments in nuclear safety management and regulation. This study is expected to provide a analytical framework for making legal system of further policy in other science and technology industries as well as nuclear energy related industries.

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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A Study on the Systematization of the Legal Framework for Environmental Impact Assessment Systems (환경영향평가법(環境影響評價法)의 체계정립(體系定立)에 관한 연구(硏究))

  • Jeong, Yeon-Man
    • Journal of Environmental Impact Assessment
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    • v.10 no.3
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    • pp.195-209
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    • 2001
  • The objective of this study is intended to propose plans for reforming environmental impact assessment(EIA) systems by reviewing the current legal systems of EIA related laws and their implementation status in Korea, and by comparing the Korean situation to EIA systems in several foreign countries. This study tried to integrate all EIA related systems scattered over several laws into one comprehensive EIA law, and also to develop legal procedures necessary to accomplish the legislative purpose of the integrated EIA law. Therefore, I propose four reforms (1) All EIA systems should be integrated into one comprehensive EIA act. (2) Administrative plans and policies, though environmentally harmful, which are not currently subject to any prior consultation system, should be covered by the prior consultation system. (3) A screening or scoping should be adopted. (4) Widen civil participation should be encouraged and the administrative control enforcement and introduction of group litigation or citizen suits would be considered.

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