• Title/Summary/Keyword: legislation and law

Search Result 559, Processing Time 0.024 seconds

A Regulatory Analysis on the Reverse Discrimination against Korean Domestic Businesses in relation to the Data Protection and Regulatory Improvement Orientation (개인정보 관련 국내기업의 역차별 상황에 관한 규제 분석과 개선방안에 관한 연구)

  • Lee, Inho;Kim, Seo-An
    • The Journal of Society for e-Business Studies
    • /
    • v.25 no.4
    • /
    • pp.1-14
    • /
    • 2020
  • IT businesses in Korea have relatively strong regulations. While providing the same service, domestic businesses are in a situation of 'reverse discrimination of regulations' as they are less competitive than global IT companies in accordance with the application of the personal information protection legislation in Korea. In this paper, Personal Information Protection legislation was classified and laws of major countries were analyzed in comparative ways. It also compared and analyzed the "private policy" presented by representative Internet sites (Naver, Daum, Google, Facebook) that provide services to users in Korea. We also proposed three aspects of legislation improvement to address reverse discrimination.

An Emperical Study on Activation of uTradehub (uTradeHub 활성화 방안에 관한 실증 분석)

  • CHOI, Tae-Kwang;RYU, Seung-Yeal
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.71
    • /
    • pp.217-243
    • /
    • 2016
  • As the rapid development of IT and the internet changed the trading method from the traditional offline transaction into the online e-Trading, the international documentation standards, the eUCP and the domestic laws and legislations have been established, adapting to the new e-Trading environment. This study was conducted to analyze the factors which affect the use of uTradeHub on the domestic trading companies and trade-related organizations and suggest how to activate e-Trading. To do this, classify the users into the enterprises and the trade-related organizations, set up the hypothesis of the study with the measurement variables of the user convenience, the new service, the system suitability and the legislation environment and carry out a survey targeting the trading companies and the trade-related offices to do an actual proof analysis. The analysis was performed by using the statistical program, SPSS IBM22.0, and the study hypothesis was tested by the multiple regression analysis methodology. The test result showed that the trading companies set a high value on the user convenience, the new service and the legislation environment of uTradeHub, meanwhile the trade-related organizations regarded the system security and reliability, the user convenience and the legislation environment as the major affecting factor on the use of uTradeHub.

  • PDF

Natural Environmental Protection System in North Korea-Economic and Legal Perspectives (북한의 「자연보호구법」을 중심으로 한 자연환경보호제도 고찰 -경제분석의 한계)

  • Lee, Yoon;Chah, Eun-Young
    • Journal of Environmental Science International
    • /
    • v.23 no.12
    • /
    • pp.2107-2120
    • /
    • 2014
  • Natural environmental protection system in North Korea is rarely understood mainly because of lack of information in scientific and legislative fields. Legislation is very important to achieve goal for protected areas, which are described in "Natural Protected Area Law(NPAL)". Cabinet of North Korea has authorities to lead the Central Agency for Land and Environment Conservation(CALEC). Designation and managements of natural protected areas are regarded as CALEC and local governments responsibilities. There are many differences between South and North Korea. Especially legislation system has many differences. North Korea's Labor Party is superior to the Government and Labor Party's order has at least the same authority to regulate and manage the national policy and means. With NPAL, CALEC organizes the national plan for natural protected area and regulate the activities of the Agencies for Land and Environment Conservation in the aspects of action plan, budget and other resources. For the reunification in the future, legislation system of North Korea should be understood.

A Comparative Research of Library Law in Korea and Japan: Focusing on the Enactment and Revision Processes

  • Ryu, Hyeonsook
    • Journal of the Korean Society for Library and Information Science
    • /
    • v.51 no.1
    • /
    • pp.103-124
    • /
    • 2017
  • Korea and Japan have been influenced by one another through various points in their respective histories. During ancient times and throughout the Middle Ages, many aspects of culture and modern civilisation were conveyed from China to Japan via Korea. This trend changed in the second half of the $19^{th}$ century, as Japan opened its ports to foreign trade, completely reforming its own society before Korea followed suit. The aspects of modern civilisation and culture were thus subsequently conveyed to Korea from Japan. Not unlike Western cultures of the time, Japan also engaged in a pursuit of imperialism that resulted in its subjugation of Korea during the Japanese occupation. After Korea regained its independence following the Second World War, Koreans rebuilt their country largely on the basis of the social system Japan had left behind. 70 years later, differences from the Japanese model may nevertheless be observed in various areas. Library legislation is no exception. This paper provides a comparison of Korean and Japanese library laws. The comparison and consideration of the enactment and revision processes of library legislation of both countries reveals how differences in legislation developed and provides an analysis of the implementation of these differences.

Legislation Trend Referring to Burden of Proof in Medical Malpractice Lawsuit (의료과오소송 입증책임 관련 입법의 동향)

  • Cho, Hyong-Won
    • The Korean Society of Law and Medicine
    • /
    • v.9 no.1
    • /
    • pp.129-162
    • /
    • 2008
  • Nowadays it is important for us to resolute medical disputes. Because a high incidence of medical accidents may be brought about according to many chances of treatment in the operation of health insurance and increasing concern of patient health. Patients and medical doctors have plenty of difficulty in uncomfortable treatment circumstances of a high incidence of medical accidents. It is especially desirable that our society should prevent medical accidents and resolute speedy, fairly and rationally the happened medical disputes. Many legislations were suggested to resolute medical dispute. But legal issue points stress only speedy medical dispute resolution procedure and don't compromise fair and professional procedure. Accordingly these legal arguing points had not been accepted by the National Assembly and people. If the speedy resolution of medical dispute was demanded to solve unsafe treatment circumstances, it is necessitated that the legislation containing legal issue points to procedure is enacted. Of course the interest of patients and doctors to legal issue points must be balanced. Because an arguing points to the reversal of proof burden is consisted of the entity judgement in connection with setting the basis of resolution of medical dispute, the legislation to these is checked carefully.

  • PDF

On the Library Administrative Systems and Legislations in Russia (러시아의 도서관 행정.법제에 관한 고찰)

  • Yoon Hee-Yoon
    • Journal of Korean Library and Information Science Society
    • /
    • v.35 no.3
    • /
    • pp.23-40
    • /
    • 2004
  • The purpose of this paper is to overview the administrative system and legislation of Russia's libraries with priority given to public library. After the breakup of the Soviet Union in 1991, Russia began to set up a new political, legal, and economic system. Russia has about 51,000 public libraries. Most towns and large villages have a public library As a rule, public libraries are unified in centralized systems coincident in their location with administrative regions. The great majority of public libraries are part of a network subordinated to the Ministry of Culture of the Russian Federation. Library legislation is an important guarantee of the success of library service. Two definitive federal laws were enacted in 1994, Library Law and Legal Deposit Copy Law. In 2001, the Russian Library Association adopted the Model Standard for Public Library. It has a recommendatory character and it is addressed to both librarians and local authorities.

  • PDF

A Study on the Role of Party Autonomy in Commercial Arbitration (상사중재에 있어서 당사자자치의 역할)

  • Lee, Kang-Bin
    • Journal of Arbitration Studies
    • /
    • v.19 no.2
    • /
    • pp.3-26
    • /
    • 2009
  • This paper is to research on the role of party autonomy in the decision of applicable law for the arbitral proceeding, arbitral award and arbitration agreement, in the decision of the place of arbitration, in the composition of arbitration tribunal, and the choice of arbitral proceedings. The principle of party autonomy is fundamental to arbitration in general and to international arbitration in particular. Generally the tenn of party autonomy is used as the autonomy of the parties to decide all aspects of an arbitration procedure subject only to certain limitations of mandatory law. Party autonomy permits the parties to a commercial arbitration to choose the laws and make the rules which govern the arbitral proceedings. Party autonomy allows the parties freedom to choose the applicable laws for the arbitral proceeding and the place of arbitration. Party autonomy is recognized in relation to the choice of law for the merits of the dispute as well as for the arbitration agreement and the arbitration procedure. On the basis of the recognition of party autonomy in international treaties, national legislation and court decisions, arbitral practice has generally accepted and enforced party autonomy both regarding the procedure and the applicable substantive law. All modern institutional rules of arbitration follow that line. Today it is recognized by national legislators all over the world to the effect that the jurisdiction of national courts can be excluded by arbitration agreement and that the parties may choose the law applicable to arbitral proceedings. Limits on party autonomy are imposed by mandatory provisions of international or national law or of institutional arbitration rules regarding the procedure. Mandatory laws at the place of the arbitration or under any procedural law chosen by the parties may restrict party autonomy. These mandatory laws usually take the form of public policy considerations in the arbitration. Limitations on party autonomy have been reduced more and more, and the trend of modern national as well as international legislation on arbitration leans clearly in the direction of a maximum of party autonomy.

  • PDF

Dental Hygienists' Work Cognition and Demand for Related Legislation (치과위생사 업무인지와 법률화 필요 요구도 조사 연구)

  • Hyeong, Ju-Hee;Jang, Yun-Jung;Ju, On-Ju
    • Journal of Korean society of Dental Hygiene
    • /
    • v.18 no.5
    • /
    • pp.693-705
    • /
    • 2018
  • Objectives: This study aimed to identify the importance of the directivity of reflecting on a realistic task when aiming to reorganize a relevant law for dental hygienists through examining dental hygiene students' perceived need for a relevant law on dental hygiene related work. Methods: A survey was conducted targeting dental hygiene students from March 28 to April 30, 2018. The following findings were obtained. The results were summarized as follows. The collected data were analyzed using the SPSS WIN 21.0 statistical program. Results: With reference to the influence of the need for a work-related legislation on dental hygienists' awareness of their legal rights, findings revealed that the latter was higher when there was higher involvement in precision impression procedures, higher involvement in occlusal adjustment in the middle stage, and higher perceived need for legislation on a comprehensive dental hygiene course (all p<0.05). Conclusions: Based on these findings, it is considered necessary to pursue a national solution for modifying the relevant legal system to provide institutional support for dental hygienists' work. Additionally, the worry in the whole dentistry in order to establish dental hygienists' task.

Study on the Legal Protection of Sports Organizer's Profit and Introduction of Intellectual Property Right (경기주최자의 재산적 이익의 법적 보호방안과 지식재산권 도입론)

  • Lee, Sung-Un
    • Journal of Legislation Research
    • /
    • no.54
    • /
    • pp.345-382
    • /
    • 2018
  • Sports events are not copyrighted and sports organizer's profit from sports events is not subject to intellectual property law in our legislation. Most other countries, except for France, do not also recognize sports organizer's profit as an intellectual property right. For this reason, legal grounds protecting sports organizer's profit must be found from current law such as tort law or Unfair Competition and Trade Secret Protection Act. It is irrefutable that these laws play a significant role in protecting sports organizer's profit by imposing restrictions on taking unfair advantage of others' efforts or investment. Nevertheless, protecting sports organizer's profit through such laws has its limits because sports events and relevant information outside the protection category of intellectual property law are considered as public domain. Therefore, introduction of sports organizer's intellectual property right through legislation will serve to faithfully protect sports organizer's profit. Even countries where spectator sports industry is fully in force actively discuss the issue of introducing sports organizer's intellectual property right. Intellectual property law, like other laws, is keenly subject to international trends due to market globalization and sensitively responds to the trends. I believe that further discussions are highly required about the introduction of sports organizer's intellectual property right that properly reflects international trends.

A Study on Medical Information Privacy Protection Law and Regulation in the Information Age (정보화시대의 환자진료정보 보호에 관한 법.제도적 고찰)

  • Youn, Kyung-Il
    • Korea Journal of Hospital Management
    • /
    • v.8 no.2
    • /
    • pp.111-129
    • /
    • 2003
  • This study discusses the direction of legislation to strengthen the legal protection of medical records privacy in information age. The legislation trends on privacy protection of medical records in European Union and United States are analysed and the current law and regulation of Korea on medical records are compared. The issues discussed include the ownership of medical records, the patient's right of access to medical records, medical information publication for other than treatment or insurance processing use, confidentiality responsibility of provider organizations, medical information management in provider organizations, penalty for the unlawful use of patient information. This study concludes that the patients' right on medical record and provider organization's responsibility in processing patient information should be strengthened in order to protect patients' privacy and to conform to the international standard on medical record protection in the information age.

  • PDF