• Journal of Society of Preventive Korean Medicine
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• v.18 no.1
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• pp.23-41
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• 2014

Objective : The purpose of this study was to lay the groundwork for understanding the details and scope of the legal definition of medicinal products, following the changes in the relevant laws and regulations. This will let readers properly understand the origins of the ongoing conflicts on herbal drugs and new drugs from natural products that are present in the medical field and the medical industry. Possible solutions are proposed in the end. Method : I analyzed the changes in definition of medicinal products since 1945 that have been used in relevant laws and regulations(i.e. Pharmaceutical Affairs Act) and drug approval process(i.e. New Drug Application and Investigational New Drug Application). Results : Legal definition of medicinal products has changed in accordance with the changes in the pharmaceutical industry, such as the establishment of dualistic medical and pharmaceutical System and the introduction of the substance patent. Due to those changes, boundaries of Western medicinal products and health food expanded, while those of herbal medicine products relatively downscaled. Conclusion : Legal definition of medicinal products-i.e. Herbal Drugs, Crude Drugs, and New Drugs from Natural Products-should be reestablished according to academic legitimacy and dualistic medical and pharmaceutical System.

• World Technopolis Review
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• v.1 no.3
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• pp.192-205
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• 2012

Globalization has fuelled the desire for simplicity and flexibility in rules and processes within nations. de Soto (2000) calls for the simplification of rules to enable people to join the formal economy. Friedman (2005) echoes the need for simpler rules, to attract business and capital. Market-based approaches to governing have been adopted in many nations due to globalization. Recent developments demonstrate that such approaches fail. Globalization may lead to impoverishment in the absence of proper forms of governance (Cooney 2000). That is why it has the tendency to become a "race to the bottom." Regulatory measures can be costly, and the costs of doing business are uneven across nations. This unevenness is being used as a comparative advantage. Others call this regulatory competition (Smith-Bozek 2007) or competitive governance (Schachtel and Sahmel 2000), which is similar to the model of Charles Tiebout. Collaborative governance is an approach that governments could use in lieu of the competitive method. Mechanisms that enable stakeholders to exchange information, harmonize activities, share resources, and enhance capacities (Himmelman 2002) are needed. Philippine public policy encourages a shift in modes of realizing labor market governance outcomes from command to collaboration (Sale and Bool 2010B; Sale 2011). Is labor market governance and regional development in the Philippines collaborative? Or is the opposite - competitive governance (Tiebout model) - more evident? What is the dominant approach? This preliminary research tackles these questions by looking at recent data on average and minimum wages, wage differentials, trade union density, collective bargaining coverage, small and bigger enterprises, employment, unemployment and underemployment, inflation, poverty incidence, labor productivity, family income, among others, across regions of the country. The issue is studied in the context of legal origins. Cultural explanations are broached.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.67-100
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• 2017

Throughout the history of the aviation industry, from its origins in the $20^{th}$century to the present, accidents have always occurred. This paper deals with the legal liability of air traffic controllers, who represent one of the human factors causing these accidents. Though controller negligence turns out to be a main cause of the accident, Korea does not have additional judical case, since it was firstly declared that controller negligence was accountable for the air traffic accident in 1971. As such, we examine the liability of air traffic controllers as public officers. This paper looks not only at the role of air traffic controllers and pilots in accidents, but also at the applicability of controller liability in the context of Korean law. We determine that despite the high-stress environment, air traffic controllers must share in the responsibility to provide safe air navigation. Therefore, they cannot avoid legal liability.

• Journal of Science and Technology Studies
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• v.12 no.1
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• pp.1-43
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• 2012

This paper examines the American Civil Liberties Union(ACLU)'s recent legal challenge on patents held by Myriad Genetics on two genes (BRCA1 and BRCA2) associated with a high risk of breast and ovarian cancer. Instead of analyzing the ACLU's objections to the BRCA patents in terms of its legal technicalities and normative ethical principles, this paper seeks to situate this legal case in the broader historical context of the shifting understanding of the relationship between private ownership, economic development, and the public interest in academic sciences. This paper first briefly chronicles a series of scientific developments and key legal decisions involving patenting of life forms, including genetically engineered micro-organisms animals and biological materials of human origins like cell cultures and genes, that led to the US Patent and Trademark Office(USPTO)'s official guidelines on human gene patenting in 2001. At another level, this paper analyzes the expansion of the scope of intellectual property rights in the life sciences in terms of shifting economic and legal assumptions about public knowledge and its role for economic development in the 1970s. I then show how these economic, legal, and ethical ideas that linked private ownership and the public interest have been challenged from the 1990s, calling for revisions in intellectual property laws regarding a wide array of life forms. The tragedy of the anticommons in human gene patenting, according to ACLU, has severely undermined creative scientific activities, medical innovations, access to health care and rights to life among cancer patient groups. ACLU's objection to human gene patenting on several US-constitutional grounds in turn suggests issues regarding intellectual property are critically linked to vital issues pertinent to the creative communities in arts and sciences, such as free exchange of ideas, censorship and monopoly, and free expression and piracy etc.

• Journal of Arbitration Studies
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• v.33 no.4
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• pp.37-67
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• 2023

Arbitration is a just and efficient method for resolving economic disputes. It adapts to the needs of economic development and is an important institution in today's society. Around the world, a tradition of resolving disputes through arbitration spontaneously developed in ancient times and gradually evolved into a legal system with the development of jurisprudence starting from the Middle Ages. In China, formal legislation on arbitration began in the modern era during the Republic of China period. However, the origins of arbitration as a method for resolving disputes can be traced back to ancient times, during the Qin and Han dynasties. The most significant modern arbitration legislation in China is the "Arbitration Law" enacted in 1995, which drew on the experiences of foreign arbitration laws. Despite this, there are still many areas in arbitration legislation that require improvement based on practical experiences. Currently, revisions to the Arbitration Law are underway, and historical experiences may offer valuable insights, assisting in better integrating the Arbitration Law with Chinese society. This article primarily focuses on the role and impact of the imported modern commercial arbitration system in China and how it can be harmonized with China's legal culture in the future.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.36
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• pp.195-262
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• 2007

This paper attempts to assess the Basel Committee's bank supervisory standards and capital adequacy rules, and thereby rethink whether global convergence in banking regulation is desirable. To that end, it seeks to address the impetus for the creation of the Basel Committee, and explore driving forces behind the internationalization of bank regulatory and supervisory standards. Following the historical and theoretical analysis of the internationalization of bank regulatory standards, the movement toward global standards in banking is reviewed. More importantly, this paper seeks to explore the origins of the Basel Accord on bank capital adequacy. To do so, it largely relies on current theories on the process of negotiating the capital adequacy standards in the areas of political science and international political economy. At this point, this study takes a position as a break against the force of international market failure logic that has enjoyed an exceptionally positive reception among economists, political scientists, and legal experts. Nonetheless, it does not intend to freeze the international coordination and cooperation of banking regulation. Given the understanding of the politics behind the creation of the Basel Accord, this paper evaluates the Basel Accord of 1988 and the new capital adequacy framework(Basel II), and then moves beyond the assessment of the capital adequacy standards In doing so, this study draws lessons from Basel in search of a just world order in the global finance.

• Journal of the Daesoon Academy of Sciences
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• v.40
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• pp.77-114
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• 2022

The purpose of this study is to analyze the ideological background, legal composition, and separation of powers contained within the institutional devices of The Dao Constitution based on the basic principles of the legal system, which would be embodied in The Constitution of the Republic of Korea. The ideological background of The Dao Constitution is that of the religion, Daesoon Jinrihoe. In Daesoon Jinrihoe, it is held that the Supreme God, Sangje, determined that Mutual Contention, the ruling pattern of the Former World, ran contrary to His divine will and this endangered the world as nature and humans had also fallen into Mutual Contention. As an act of divine intervention, Sangje established Mutual Beneficence so that nature and humanity could follow Mutual Beneficence as a paradigm shift culminating in a Great Opening of the universe. Sangje, the agent behind the paradigm shift, revealed His divine will that humans transform into mutually beneficent humans. Therefore, The Dao Constitution was written to be a set of fundamental norms based on the 'rights and obligations of the members of Daesoon Jinrihoe' to accept and implement the will of Sangje as it applies to each member's mission. The legal composition of The Dao Constitution consists of the body and supplementary provisions. The text consists of general rules, moral rights and obligations, origins, and institutional devices. Institutional devices include the Central Council, the Institute of Propagation and Edition, the Institute of Religious Services, Works, Financial Management, and the Institute of Audit and Inspection. The legal composition of The Dao Constitution is similar to that of the Constitution. The difference is that while the Constitution applies a 'principle of maximum rights and minimum obligations,' The Dao Constitution stipulates more obligations than rights in order to complete the mission of the members. The principle of separation of powers is applied to the institutional devices in The Dao Constitution. In The Dao Constitution, the organizational form of the central headquarters has been divided into a 'before and after' scheme surrounding the death of Dojeon. The organizational form of the central headquarters prior to Dojeon's death was similar to a Constitutional Monarchy. After the death of Dojeon, the central headquarters' organizational form became similar to a parliamentary cabinet system. The separation of powers at central headquarters is divided among a legislative power (the Central Council), an executive power (the Institute of Religious Services), and a judicial power (the Institute of Audit and Inspection). The separation of powers within the functions of the central government first occurs between the Central Council and its employees, then between the Central Council and the Institute of Auditing and Inspection, and also between the Legislative Government and the Institute of Religious Services. Furthermore, the principle of a vertical separation of powers exists between the central headquarters and the local organization.

• Journal of Arbitration Studies
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• v.22 no.2
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• pp.125-157
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• 2012

This study is to vindicate the vacation of arbitral awards in the United States. It focuses on the harmony of case law with statutory law of the United States. Until the early twentieth century, the American legal system, having adopted the English common law view, harbored a hostile attitude toward arbitration. The purpose of the Federal Arbitration Act (FAA) of the United States, enacted in 1925, was to eliminate the hostile attitude of courts toward arbitration. Congress is to enforce arbitration agreements into which parties have entered and to place arbitration agreements upon the same footing as other contracts. The structure of grounds for vacating arbitration awards has two layers. One is of vacating grounds with statutory origins, such as the FAA and the Uniform Arbitration Act, and the other, of vacating grounds originating from a nonstatutory, case law background. For a while, vacatur based on case law has coexisted with vacatur on statutory grounds for arbitration awards. After the Supreme Court decision in Hall Street Associates, L.L.C. v. Mattel, Inc., however, the justification of vacating based on case law has weakened. Post-Hall Street decisions of circuit courts show ways to deal with manifest disregard of the law. One of them is the harmonization of the case law grounds for vacating with the statutory grounds. It seems that the manifest-disregard-of-law and public-policy exceptions show a possibility of survival after Hall Street. However, other nonstatutory grounds for vacation of arbitration awards have no firm basis after Hall Street.

• International Journal of Computer Science & Network Security
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• v.21 no.12
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• pp.316-322
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• 2021

The problem of corruption and the spread of corruption crime today is not only one of the main social problems, but also an obstacle to the implementation of reforms in Ukraine. Given the complexity, scale and diversity of the impact of corruption, it is an undisputed threat to national security. At the state level, corruption threatens, firstly, state security as a result of its spread in public authorities and the combination of political and business spheres; secondly, in the domestic political sphere as a result of non-compliance and violation by officials of public authorities and local governments of the laws of Ukraine; thirdly, in the economic sphere as a result of the dominance of personal interests of civil servants over national ones; fourthly, in other spheres, namely, military, social, ecological, informational, foreign policy, etc. The origins of corruption are diverse and are formed not only in the country but also abroad. The current corruption threat is the result of the country's ineffective domestic and foreign anticorruption policies. Acceleration of the spread and manifestation of external corruption threats is associated with a number of unresolved foreign policy issues against the background of the development of globalization and integration processes, in particular: economic and financial dependence of the country on international financial institutions and organizations; as well as from foreign countries that pose a potential threat due to their ambitious plans to expand our country; unresolved issues regarding the international legal consolidation of borders, etc. It is noted that the current conditions for the development of state security, due to new challenges and threats, need to improve and implement new measures to prevent corruption as a negative impact of the main threats to national economic security. As a result of the study, the main measures to counter the main threats to the economic security of the state were identified.

• Journal of English Language & Literature
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• v.57 no.6
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• pp.1131-1149
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• 2011

Michael McKeon, in The Origins of the English Novel, 1600-1740, sets forth a theoretical study of a large canon of seventeenth- and eighteenthcentury works, based upon the dialectic of genre formations, which attempts to analyze certain "instabilities" in generic and social categories- "instabilities" that McKeon identifies as "Questions of Truth" and "Questions of Virtue." In this paper, I argue with McKeon's optimistic reading of Samuel Richardson's work, Clarissa, or The History of Young Lady (1740), which concludes that-unlike Pamela's "manifest material and social empowerment"-Clarissa acquires "manifest discursive and imaginative empowerment" and "wins" (to use McKeon's terms) the "battle" with her antagonist, Robert Lovelace. What is difficult to accept in this reading of Clarissa is McKeon's claim that the "success" of Clarissa's resistance to Lovelace, despite the tragic rape, is evident in her "new-found power" which is represented in the heroine's spiritual "conversion"- her decision to die to protect her "version of truth and virtue." McKeon's spiritual "conversion" not only forces Clarissa to surrender her legal right to prosecute her rapist but also forces her to seek the shelter of her "father's house" in the afterlife because she can no longer "make others accept [her] own version of events as authoritative." Thus, in contrast to McKeon, I claim that Clarissa represents the necessary conditions for its heroine's "empowerment" primarily in language that suggests her manifest social invalidation; language which in particular emphasizes that her rape and torture by Lovelace forces Clarissa's spiritual "conversion" to seek her reward in the afterlife-thereby concluding that Clarissa's discursive and imaginative empowerment does not and cannot exist in the secular, material world.