Management Obligations Research Articles

국가배상청구소송에서 “객관적 정당성” 존부 판단의 최근 동향과 전망

The Supreme Court Decision 2018Da212610, August 30, 2022(“The Decision”) has garnered attention not only for its conclusion but also for its specific contents and methodology regarding the judgment of “objective justification criteria.” This article sheds light on the possibility of developments in “Objective Justification Criteria” in State Compensation Lawsuits, centering on the analysis of precedents before and after “The Decision”. This article divides Supreme Court’s state compensation cases before and after “The Decision” into those that scrutinize the judgment of “objective justification” and those that do not and confirms whether there have been substantive changes of legal doctrine in judging state compensation liability. Additionally, This article examines Seoul High Court Decision 2016Na2086563, February 6, 2024 which is a landmark judgment in “Humidifier Disinfectant” cases, centering on the similarity as “The Decision” and the possibility of development of legal doctrine in state compensation lawsuits. In conclusion, this article emphasizes the need of examination whether the speciality of legal doctrine and methodology of “The Decision” could be extended in cases such as “safety management obligations of state” cases, like “Humidifier Disinfectant” case and “Itaewon” case.

An Analysis of Legal Duty of Care for Social Platforms in Telecom Froud Matching Recommendations: A Perspective Paper

Based on the traditional four-element theory and the discussion of social platform duty, this paper analyzes the source of the obligation of recommending matching social platforms involved in telecommunication network fraud. Through case analysis, this paper analyzes whether the subjective fault and objective measures of social platform cases fully fulfill the duty of care. On the negation of the reasonable duty of care on the crime of refusing to fulfill the management obligation, subjective and objective methods are used to discuss whether the platform constitutes the crime of refusing to fulfill the management obligation. The result of the study has revealed the reasonable obligation of care involved in telecommunication network fraud involving recommending matching social platforms so as to urge the relevant departments to strictly supervise such platform cases and the platform to fully fulfill the duty of care in form and substance.

Decriminalization Path of Net Neutrality Assisting Actions: A Perspective from Aiding and Abetting Cybercrimes

Network neutrality assistance actions pertain to the provision of technical or service aid in an online environment to third parties, which may result in harm to others or facilitate unlawful conduct. However, when attempting to regulate such online assistance activities, traditional complicity theories encounter numerous challenges. This is primarily due to the inherent differences between online actions and conventional criminal behaviors, rendering the traditional notions of complicity difficult to apply directly. Analyzing from the perspective of aiding and abetting crimes, the decriminalization path determination of network neutrality assistance actions also confronts issues, such as defining responsibility boundaries and discerning behavioral intent. To address this, this paper adopts the "Restricted Punishment Theory" for the decriminalization path, rationally weighing the benefits and risks of network neutrality assistance actions. Utilizing empirical research, case study analysis, and comparative research methodologies, and based on the overlap analysis of the constitutive elements of aiding and abetting crimes and the refusal to fulfill cyber security management obligations, it's suggested to categorize network service providers. This provides a clearer and more rational basis for their decriminalization.

Organizational Responsibility Management Based On A Framework

The purpose of this article is to outline the structure of management obligations and liabilities. An approach to conducting a literature review that was taken from management and organizational textbooks was used to prepare the essay. A framework is a plan, structure, guiding idea, or idea of how something will be done. So, there must be a framework for what the organization will do in order for it to exist. A system in which people are interconnected or tied to one another and develop networks that benefit one another is called an organization. Management operates inside an organizational structure. In other words, when the management process is in motion, the organization serves as a container, forum, or functional group. For management and its members, an organization functions as a road map for achieving objectives. The organization is a place where a collection of individuals is led to accomplish particular goals from the organization because the organization is a complicated management art that incorporates humans who are intended to fulfill predetermined goals.

Exploring the Definition Mode and Problems of the Obligation in the Crime of Refusing to Fulfill the Obligation of Information Network Security Management—From the Perspective of Regulating Cyber Violence

Exploring the Definition Mode and Problems of the Obligation in the Crime of Refusing to Fulfill the Obligation of Information Network Security Management—From the Perspective of Regulating Cyber Violence

Research on the Crime of Refusing to Fulfill the Obligation of Information Network Security Management

Research on the Crime of Refusing to Fulfill the Obligation of Information Network Security Management

Ethical Obligation of Adequate Pain Management in Long Term Care Residents with Dementia.

Ethical Obligation of Adequate Pain Management in Long Term Care Residents with Dementia.

Reformulation and Realization of Unit Crime Liability Theory from the Viewpoint of Corporate Compliance

Lanzhou Nestle Company is exempted from the criminal responsibility on the grounds of fulfilling the compliance management obligations, but this is not the result of the corporate compliance effect on the identification of unit crime, and should return to the basic theory of unit crime liability theory, in order to clarify the specific path of corporate compliance to prevent the identification of unit crime. Unit crime lies in the essence of compliance responsibility, the objective central liability model in organizational responsibility theory is based on the objective aspect to infer the subjective aspect of the overall organization, and makes a comprehensive evaluation which both conforms to the subjective and objective unifies basic principles of criminal law, also provides concrete and clear solutions for practice. The will of corporate should be divided into direct intention and indirect intention. Corporate compliance has the effect of presuming that the unit does not have the will to indulge criminal behavior, that is, corporate compliance obstructs indirect intention. Based on this, the separation of unit responsibility and natural person responsibility is achieved. According to the basic principles of organizational responsibility and natural person responsibility, corresponding situations should be classified and defined separately. Post compliance can achieve the prosecution of natural persons without prosecuting the unit, and natural persons’ criminal responsibility should be reduced.

История развития теории внутреннего аудита

At present, internal audit has become an integral part of the enterprise management system all over the world. A clear understanding of the underlying causes and dynamics of its emergence and development will help us to properly understand the essence and current trends of internal audit development at enterprises. The aim of the article is to review and analyze the evolution of the concept of internal audit in the West and the development of internal audit in China. The study reveals that internal audit in China originated from administrative regulations, while internal audit in the West originated from the needs of corporate governance. Regardless of whether in China or in the West, the emergence of internal audit in enterprises was mainly related to fiduciary management obligations, and its theory and practice evolved with the development of the concept of fiduciary management obligations.

Environmental NGOs and Protected Area Conservation in Australia: The Political Consequences of Aligning with Private Interests

This article examines the political consequences of environmental nongovernment organization (ENGO) involvement in protected area conservation in Australia. Rapid growth of a nongovernment protected area (NGPA) estate this century has involved a range of individuals, communities, First Nations, and ENGOs, and has been closely tied to government policy and private finance. Although NGPA conservation achievements have been profound, there has been limited examination of what expanded nongovernment involvement, responsibility, and leadership mean for the practice and governance of nature conservation. Thematic analysis of twenty-four key informant interviews and selective gray literature identifies how financing, accountability, and partisan politics are emerging as key domains in shaping an NGPA estate that reflects a closer alignment with capital and market forces. ENGOs are playing a key role in crafting new political conditions for protected area conservation, where their role in neoliberal governance is not just service delivery, but statecraft and agenda setting. ENGOs are increasingly casting protected area conservation as apolitical, and thereby a bipartisan activity, driven by a “pragmatic” agenda that seeks to secure private financing for land ownership and management obligations. Frameworks of accountability to donors shape ENGO practices and conceptions of conservation through exposure to novel market mechanisms. As a result, ENGO operation permits limited space for plural, ideological, and structural debate about protected area conservation, the public interest, and the root causes of ecological crises to which it responds. The embrace of conservation led by nongovernment actors marks a substantive shift from the formative politics of ENGOs in Australia.

The Application Dilemmas in the Crime of Refusing to Perform the Obligations of Information Security Management

Aiming at cybercrimes, China has stipulated the crime of refusing to perform the obligations of information security management in the Amendment (IX) to the Criminal Law. However, in judicial practice, the application of this crime is extremely rare, causing a waste of legislative resources. The reason can be attributed to the zombification of legal provisions. This paper focuses on the dilemma of applying this crime in judicial practice. There are two specific dilemmas. The one is the identity of the applicable subject of the crime and the accompanying management obligations are vague. The other is that the boundary Between this crime and the crime of aiding network information crime is unclear, which can be attributed to the similarities in constituent elements. There are three aspects that this paper considers confusing including the identity of knowing, their criminal patterns and the boundaries Between consequential and behavioral offenses. Based on these judicial application dilemmas, this paper urges that the court should consider the details of the cybercrime more carefully in the trial to better apply this crime. Meanwhile, it is unacceptable to directly apply the crime of aiding network information crime as a pocket crime without detailed analysis. The popularization of law should focus on the underlying logic, which means targeting netizens. Therefore, the ultimate goal of eradicating cybercrime can be achieved.

Comparing Financial Scandals as a Tool for Ethics Discussions in a Graduate Finance Course

In recent years, business education has increasingly included a focus on ethical issues in general, and financial integrity in particular. Part of the catalyst for this increased emphasis has been the regrettable availability of a large number of serious, well-publicized instances of actions ranging from questionable to fraudulent.Fortunately, some of these same episodes provide excellent fodder for careful analysis and thought-provoking classroom discussion of the ethical obligations of financial managers in particular, and indeed of managers in general. This paper discusses the development of a strategy for encouraging students to consider carefully the implications of decisions regarding ethical decision-making. It is hoped that through this process, students will develop a greater appreciation of the need to think critically and independently regarding accusations of impropriety.

Difficulties in Applying Lean Construction Principles within Afghanistan's Construction Sector

This study proposes that the Lean concept, which focuses on efficient project management and waste reduction, could be optimal for construction practices in Afghanistan. However, there are challenges in transitioning to Lean construction in the Afghan construction industry, including limited access to official training and awareness among project managers and coworkers, a lack of understanding about Lean concepts, reluctance to change due to existing managerial experience, and resistance to new methods. Very few organizations have some knowledge of the lean concept, but that is not adequate for them to implement it; the managers’ experience limits the usage of the lean method within the organizations. Moreover, the data indicated that the lean construction method is negligible. As well as absence of related knowledge and understanding of the lean concept, many organizations showed to be reluctant towards making any change, even if these changes will predominantly increase performance and better the quality and production standards of their organization. The accumulated data suggests that organizations have resisted the new tools and techniques provided by the lean construction philosophy and in some cases, it is not suitable and applicable to their organization. The study identifies four major challenges to a successful transition to Lean construction in Afghanistan: the state of war and lack of security, inadequate awareness and acknowledgment of Lean, cultural and human attitudes, and senior management's obligations.

A Critical Analysis of the Rights and Obligations of the Manager of a Limited Liability Company: Managerial Legislative Basis

The rights and obligations of an executive as a top manager of a limited liability company seem to be a long-settled question. However, the opposite is true. We were particularly interested in the question of the rights and obligations of the manager as a statutory body of the most widespread type of business company. A very important issue is the definition of the relationship between the limited liability company and the manager. The reason for this is the fact that it is a business–legal relationship and the protection provided to the executive in relation to the business company is based only on their mutual contractual basis. In addition to the examination of managerial knowledge and skills, we focused primarily on a critical analysis of the legal definition of the rights and obligations of an executive and their responsibility towards a limited liability company. As part of our research, we analyzed extensive jurisprudence, which completed our understanding of the concept of an executive and also defined the framework of not only their actions, but especially their rights and obligations. To achieve our goal, we used several scientific methods designed for the study of law, such as analysis, synthesis, comparison, deduction, and description. We critically evaluated the results of our research and compared the development of Slovak and Czech jurisprudence in the context of its influence on the investigated issue. At the same time, we answered the research question of whether legislative intervention is necessary for the already existing rights and obligations of a manager in relation to their limited liability company. This analysis of the rights and obligations of the manager of a limited liability company has several implications for both managers and companies as a whole, such as managerial autonomy, accountability, responsibility, and the balance of power. The research findings highlighted the significant decision making authority granted to managers. The obligations identified in the analysis emphasized the need for managers to act responsibly and be accountable for their actions. The rights and obligations of managers need to be balanced with the interests of other stakeholders, particularly the company’s members. In conclusion, the critical analysis of the rights and obligations of the manager of a limited liability company, based on the managerial legislative basis, revealed that managers possess decision making authority, profit distribution rights, limited liability protection, and entitlement to compensation. However, they are also obligated to fulfill fiduciary duties, comply with laws and regulations, maintain proper records, and exercise due care. The research underscored the significance of managerial autonomy, accountability, and a balanced exercise of power in a limited liability company. By understanding and adhering to their rights and obligations, managers can effectively navigate their roles while contributing to the success and sustainability of the company

OBOWIĄZKI NABYWCY NIERUCHOMOŚCI ROLNEJ WYNIKAJĄCE Z USTAWY O KSZTAŁTOWANIU USTROJU ROLNEGO

The Act on the organization of agrarian system of 11 April 2003 introduced a special scheme for the purchase of agricultural land. The legislator’s initiative was designed to ensure that agricultural land would be extensively used for agriculture. The law has been amended several times since its entry into force. The most important changes were made in 2016, when the obligation of 10-year management and the prohibition on the sale and acquisition of agricultural property were introduced. Another amendment of 2019 shortened the above period to five years. The aim of this Act, containing some controversial provisions, is to lay down the basis of the agrarian system in Poland. In practice, it sets out a number of stringent requirements that the purchaser of agricultural property must comply with. As a result, trade in agricultural land is severely restricted.

Vietnam’s Legal Policy on Obligations of Company Managers

The Company is a legal entity that cannot carry out its activities but must go through the actions of specific objects called the company's manageCompanyerprise law always has provisions that compel the company manager to perform their obligations to protect the interests of investors adequately. The article uses historical and statistical methods to assess the development and limitations of Vietnam's current legal policies for company managers. Accordingly, the performance of obligations of a company manager in Vietnam, mainly corporate governance, should generally be taken more seriously. The article also uses analytical and comparative jurisprudence methods to evaluate and comment on regulations on the obligations of company managers in the United States, Australia, and France. On that basis, the article proposes to improve the Vietnamese law related to the duties of the company manager, specifically: (i) To improve the Vietnamese enterprise law in both form and content to create a legal corridor as the foundation for business and commercial relations to develop. This is done through the development of a system of case law on corporate law in general and obligations of company managers in particular; (ii) attach great importance to the duties of honesty, diligence, loyalty, and prudence of the Company's managers because these are influential subjects who can interfere in management and operating decisions; (iii) Develop criteria to identify those considered company managers.

사모펀드 사태에서 펀드 운용구조상 문제점 및 개선방안

Lime Asset Management Co. Ltd., Optimus Asset Management Co. Ltd., and Discovery Asset Management Co., Ltd. are the main asset managers in the so-called private fund crisis. In this article, we look at common illegal acts in the fund management structure, and analyze the relationship between the structure and the illegal acts. The three asset management companies all had one thing in common: investment money reached the final investment target assets via a conduit functioning as a reservoir. Plus, all three asset management companies have either finalized sentence or are in the criminal process on fraud due to Ponzi-Scheme, and have received administrative sanctions or are suspected of violating the Public offering regulations. It is analyzed that the reason for such a common phenomenon is that the conduit functioning as a reservoir can play a key role in helping fraud and violation of the public offering regulation.
 In addition, in the Optimus case, a criminal trial is underway as it is suspected that the Ponzi scheme was caused by the integrated management of trustee accounts, and Discovery is suspected of reducing investors' access to information by using an additional conduit.
 In this article, I would like to suggest three specific ways to improve these problems. The first is to establish a new regulation that shall be deemed to a public offering when debt securities issued by the same issuer are invested in two or more funds and to amend the regulations to include detailed information on conduit in the registration statement. The second is to put a provision to clarify the meaning of separate management obligations in the key specifications. Thirdly, if the fund uses a conduit, it is to limit the establishment of the fund through a self-regulatory organization, and if a fund is established, strengthen the description of the conduit.

Законодательство Российской Федерации в сфере промышленной безопасности

Subject. The article is devoted to the analysis of the existing legislation in the field of industrial safety in the Russian Federation. The goal. The aim is to identify the main regulatory legal acts in the field of industrial safety in the Russian Federation. Method or methodology. The research includes methods of logical, systemic, comparative and structural-functional analysis. Results of the work. The main result of the study is the analysis of legal acts defining the rights and obligations of employees, officials and managers of enterprises and organizations where there are hazardous industries. Conclusions. The regulatory framework presented in the framework of the study regulates the activities of industrial enterprises, but, taking into account the development of modern technologies, it should be developed and updated.

Study on the Obligations of the Crime of Refusing to Fulfill the Obligations of Information Network Security Management

Study on the Obligations of the Crime of Refusing to Fulfill the Obligations of Information Network Security Management

IMPROVEMENT OF TREASURY CONTROL OVER BUDGET EXPENDITURE

Introduction. In the conditions of the war period, it is important for the financial system of Ukraine to effectively use budget resources, which are extremely necessary to ensure defense capability and make timely social payments to the population. Compliance with budget legislation, economy and reasonableness in spending contribute to the preservation of budget resources and directing them only to urgent needs. The above actualizes the issue of improving approaches to treasury control at the stage of registration of budget obligations of managers of budget funds. The purpose of the article is to analyse the state of compliance with the legislation by the participants of the budget process during the implementation of expenditures and justify proposals for improving treasury control. Results. In the process of analyzing the application of measures of influence to the participants of the budget process for violations of budget legislation, in particular issuing warnings about improper implementation of budget legislation and stopping operations with funds on customer accounts, a decrease in the number of such violations in 2022 was revealed, which indicates an increase in budget discipline. It was established that most of the violations, namely 93%, are observed during the registration of budget obligations. The need to strengthen treasury control over the expediency and legality of spending budget funds at the stage of registering budget liabilities has been proven. Conclusions. It is proposed to expand the list of powers of the Treasury bodies in terms of verification of justification of the feasibility of purchases that managers of budget funds plan to carry out, as well as strengthening control over the prevention of registration of budget obligations under procurement contracts, which may be declared null and void in accordance with the law. It is emphasized that the strengthening of treasury control at the previous stage before payment under contracts is more effective than after the implementation of operations with budget funds.