• Title/Summary/Keyword: legal theory

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Where do Entrepreneurial Opportunities come from? Schumpeter's Idea and Stakeholder Theory Framework (창업 아이디어는 어디에서 오는가? 슘페터의 생각과 이해관계자 이론체계)

  • Lee, Ju-Heon
    • Korean Business Review
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    • v.23 no.1
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    • pp.17-44
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    • 2010
  • Even though it is generally recognized that entrepreneurship is complex socio-economic phenomena and entrepreneurial opportunities can be created from economic, social, technological, political and legal forces, entrepreneurship has been discussed in very narrow economic terms and focusing on narrow economic relationships such as consumers, suppliers, owners and employee. However, recently, a lot of researchers talk about social entrepreneurship. How can we explain social entrepreneurs? In our paper, employing stakeholder theory, we try to offer more realistic model to understand entrepreneurial opportunities. We claim that entrepreneurial exploitations can be successful only when entrepreneurs can identify ex post stakeholder inefficiencies. Thus, our efforts focus on the question of where, when, and how stakeholder inefficiencies occur?

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An Information Ethics Approach to the Justification of Intellectual Property Rights (지적 재산권의 정당화에 관한 정보윤리학적 접근)

  • 임상수
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.12 no.2
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    • pp.31-47
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    • 2001
  • From the viewpoint of Information Ethics. I tried to examine the moral justification of Intellectual Property Rights in the age of the digital information society. Lockian traditional argument of property rights which is based on the value of labor and Hegelian theory of personalization, both are not enough to justify the new Intellectual Property Rights. The notions of Intellectual Property Rights are to be changed. One change is from the absolute dominion over material property to the limited dominion over intellectual property. The change from property rights to process control rights is the other. To protect these intellectual property rights, there are three possible protection devices that we might take - legal protection, technical protection and moral protection. I argued that both legal and technical protection have some limitations, so the final way to protect the IP rights is to attempt to establish the moral protection as a fundamental solution.

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Practical and Legal Challenges of Cloud Investigations (클라우드 환경에서 수사 실무와 법적 과제)

  • James, Joshua I.;Jang, Yunsik
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.14 no.6
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    • pp.33-39
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    • 2014
  • An area presenting new opportunities for both legitimate business, as well as criminal organizations, is Cloud computing. This work gives a strong background in current digital forensic science, as well as a basic understanding of the goal of Law Enforcement when conducting digital forensic investigations. These concepts are then applied to digital forensic investigation of cloud environments in both theory and practice, and supplemented with current literature on the subject. Finally, legal challenges with digital forensic investigations in cloud environments are discussed.

A Study on the Impact of Corporate Social Responsibility on ODA Trade (기업의 사회적 책임이 ODA무역에 미치는 영향에 관한 연구)

  • KIM, Min-Jae;KIM, Tae-Hoo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.78
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    • pp.145-174
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    • 2018
  • This study, focused on Official Development Assistance(ODA) as a solution to the global polarization and demonstrated how corporate social responsibility (CSR) plays a role in raising the performance of ODA. First, socio - economic value and profit - created by CSV activities have a significant effect on constructing an economic reciprocal relationship between donor countries and recipient countries. In addition, it has shown that it promotes the simultaneous development of companies and society through the strategic CSR model and consequently contributes to the achievement of ODA. Second, it suggests that the elements of the BOP model have a significant effect on improving the unreasonable wage system and unethical working conditions of developing countries. Furthermore, this suggests that improving the income of the poor can improve the performance of ODA. Third, this study reconstructed 'CSR Pyramid' of Carrol and newly devised CSRD theory. In the case of ODA to developing countries, economic, legal, ethical, and charitable responsibilities are set priorities. In this study, it is suggested that the priority should be flexibly set as economic ${\rightarrow}$ charitable ${\rightarrow}$ ethical ${\rightarrow}$ legal responsibility. This study reexamines the strategic CSR model in the international management field and conducted empirical analysis on CSV, BOP, CSRD model as the constituent elements. In addition, the strategic CSR model that has moved away from the traditional and old-fashioned perspectives still has room for development, and exploratory research to develop the model will continue to contribute to clarifying the concept and scope of CSR.

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Factors that Affect the Continuous Sharing of Digital Products and the Use of Online Services (디지털저작물의 지속적 공유와 온라인 유료서비스 이용의 영향요인)

  • Han, Jung-Hee
    • Management & Information Systems Review
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    • v.27
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    • pp.1-30
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    • 2008
  • The objective of this paper is to gain a better understanding of factors influencing digital piracy and the use of paid services on the web. A model identifying and describing various factors which affect decision$\sim$makers' attitude toward sharing digital products and online behavioral intentions is constructed based on established theories of human behavior. The relationship between the continuous intention of sharing the products and the intention to use online services is also discussed. Findings show that a independent relationship exists between illegal and legal behaviors, which means stopping piracy by individuals can not lead to their buying of the products. Also while the attitude toward piracy was significantly related to the continuous intention of piracy behaviors, did not necessarily lead to the use intention of online services. The data also show that beliefs concerning consequences of digital piracy were significant enough to alter one's behavioral attitude. There was a significant relationship between perceived consequences and the intention to pirate digital products or to use paid services. The results also show that while the effect of economical and ethical factors were ascertained, that of social and legal factors have not been found. Self$\sim$efficacy has a moderating effect on the relationship between the attitude toward piracy and both intentions of online behavior. The implications of the findings to research and practice are discussed.

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Patterns of Information Seeking Behaviour of Law Students in Digital Environment: A Study

  • Das, Rajesh Kumar;Jadab, Anwesha
    • Journal of Information Science Theory and Practice
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    • v.5 no.1
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    • pp.15-25
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    • 2017
  • Nowadays the enormous growth of modern information communication technologies and its massive use have influenced information users all over the world. Such a digital environment has drastically changed the information seeking patterns of information users of every community. These also tend law students to use various legal information sources and services in digital environments while seeking information. But there have been few empirical user studies on the aspect of digital information seeking behaviours of law students in either law or library and information science literatures. This paper aims to draw out patterns of information seeking behavior of students of law in digital environments at the University of Dhaka. A stratified random sample survey was conducted for this study. The results show that students prefer the electronic format of information rather than printed format. Major e-resources used by them and the influential factors of use were also identified in this study. This study also identified some crucial problems for seeking information and provides suggestions for the development of electronic legal information systems.

A Consideration for Intellectual Property Rights under Digital Environments (전자상거래에서의 지적재산권에 관한 문제점과 개선방안)

  • Kwon, Sang-Ro
    • International Commerce and Information Review
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    • v.6 no.1
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    • pp.249-265
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    • 2004
  • In the current digital age, most of the countries in the world recognize the electronic business to be a very prospective area in the future and plan to activate for the preoccupation of the business. As a result, this led a rapid increase of the electronic business volume. Electronic business takes place in the cyber space, using internet. However, the intellectual property rights have a high degree of possibility of being infringed as the digitalized intellectual property is easy to receive, copy and transmit in the cyber space. The language structure on the web, represented by HTML, makes easier to copy the intellectual property. And, as the internet has no national boundary, the infringement of the intellectual property rights is easier regardless of country, which could lead to the commercial disputes between the concerned countries. There are in fact many legal disputes nowadays on the infringement of the intellectual property rights in such field as computer programming, infringement of the copyright, business model patent and infringement of the trademark right on the registered name of the domain. It is, therefore, time now to prepare a new theory or legal system to protect the intellectual property rights on copyright, patent and trademark right so as to comply with the digital environment together with such a splendid growth of "electronic business." USA and Germany are nowadays making a significant movement on the legislation of the electronic business, and this study will focus on the legislative contents, judicial precedents and interpretation of law in the above countries.

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A Study on the Principle of Subsidiarity on the National Basic Livelihood Security Act (국민기초생활보장법상 보충성원리에 관한 연구)

  • An, Bong-Geun
    • Korean Journal of Social Welfare
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    • v.61 no.3
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    • pp.5-28
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    • 2009
  • The purpose of this study is to examine the legal attribute of subsidiarity principle on the National Basic Livelihood Security Act. The principle of subsidiarity is applied to the regulation for 'fundamental principle of benefits' on the National Basic Livelihood Security Act, therefore it functions as legal theory. However, due to its both positive and negative characteristics it becomes to be interpreted and applied in a different meaning depending on the normative characteristics of related laws. In brief, as the passive meaning of subsidiarity principle guarantees the freedom of civilian by limiting national power, it is reasonable in social control norm like criminal law. However, as nation's active role of intervention and support is required in order to protect basic standard of human life according to the principle of Social(welfare)State, the active meaning of subsidiarity principle is reasonable in Social Security law, especially in public assistance. Hence, the principle of subsidiarity on the National Basic Livelihood Security Act becomes to realize, justice, goal fitness and legal stability when it is operated by system with interpreting in an active meaning.

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An Activation Plan of Electronic Contract Real Estate

  • Youn, Sung-Ho
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.10
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    • pp.175-182
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    • 2016
  • In the 21st century knowledge and information society, Electronic Contracts made with the intention of electronic computer information networks are emerging as a new legal problem which can not be solved in the conventional legal system governing contracts. In other words, the indicator's decision determines the effect and formation of the contracts in the face-to-face or written contracts but electronic decision through computer information network is established the working process of electronic signals-electronic contracts are not only difficult to separate the decision-making process but questioned to be solved by the theory of the general legal action. Ministry of Transportation is scheduled to introduce real estate sales and lease contract using a variety of electronic devices such as computer, tablet PC, smart phones and so on without a paper contract. This system is conducted to global expansion of Seoul in demonstration zone on May 8, 2016 and will be implemented nationwide in the second half of 2017. Electronics contract Real estate has some benefits because made by linking electronic contract system and the electronic registration system - the economic effects discounts on various kinds of fees, the prevention from real estate fraud beforehand and the solution to the complexity of the process the seller and the buyer visits The Real estate agency. However, it has some problem- the disorder in the real estate contract market, the occurrence of the real estate agency accident and the author of the electronic real estate contracts have limited only to realtor. In this paper, I suggest the activation plan to search for establishment and effect of electronic contracts and declaration of intention in electronic depending on the Electronic Contract Real Estate system.

A Review on the Financial and Legal Characteristics of 'Leveraged Buyout(LBO)' in the Korean Capital Markets (LBO(Leveraged Buyout)에 대한 법제도상 특성과 재무적 이론의 응용가능성 고찰)

  • Kim, Hanjoon
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.14 no.1
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    • pp.85-93
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    • 2013
  • While relatively many researches have been performed on the legal issues of leverage buyout(LBO) in the Korean capital market, the on-going 'interdisciplinary studies' between the legal and the financial aspects of LBO financing structure seems to be relatively few so far. In this particular study, the concept and major financing structures on LBO have been discussed, by which domestic investors including institutional investors, may acquire in-depth knowledge on the issue given the dynamically changing circumstances surrounding the Korean domestic capital market. Moreover, legal analyses related to the conventional case studies on two types of LBO structures such as 'asset-backed LBO' and 'merger-related LBO', have been illustrated, coupled with the review of the previous literature on mergers & acquisitions(M&A) related to the financial aspects of LBO financing structure. From the director's perspective, who is employed by an acquired firm, legal issues in terms of 'fiduciary duty' and 'duty of loyalty' have been discussed, along with the logical scope of 'business judgement principle' in terms of modern finance theory.