international business environment Legal considerations Essay

Published: 2021-06-18 22:05:03
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The legal facets are of import for the concern pick. Laws are different in every state. Laws would modulate concern pattern. specify the mode and put down the rights and duties. This made concern have to run within the boundary line set by jurisprudence and decidedly affects the efficiency and profitableness when running concern in that state. The type of legal system.
The legal system in Spain and Korea is based on civil jurisprudence. while tribunal case in points are non granted official position as jurisprudence. The Spanish legal system is based on comprehensive legal codifications and Torahs rooted in Roman jurisprudence. as opposed to common jurisprudence. which is based on precedent tribunal opinions. Because Japan occupied Korea from 1910 to 1945. the Korean legal system resembles the Nipponese system. After the business nevertheless. there were efforts to follow many facets of the American legal system. It must be remembered that the first civilian authorities commenced merely in 1992. and thenceforth. progressively more democratic reforms have taken topographic point. 1 Both states use contracts and they are of import for making concern in both states. Neither Korea or Spain has advantage to the type of legal system. The protection of belongings right
The definition of belongings right: In economic sciences. belongings normally refers to ownership ( rights to the returns of end product generated ) and control over the usage of the agencies of production. They may be owned in private. by the province. by those who use it. or held in common by society. 2 The universe belongings right index 2012 shows the differences between the states and the country’s universe ranking. South Korea and Spain are both in the top 40 of the index. Spain ended this twelvemonth on the thirty-fifth topographic point and South Korea on the fortieth topographic point. The overall mark off all the points together we can state that Spain compared with Korea is better in protection of belongings rights. In the figure on the following page we compare South Korea with Spain. The higher the mark the better protection of belongings right. Property right is of import for running a concern because the better protect the better is the stableness of the company.
Overall mark South Korea vs. Spain in the international universe index 2012
The protection of rational belongings
Intellectual belongings is a juridical construct which refers to creative activities of the head for which sole rights are recognized. Under rational belongings jurisprudence. proprietors are granted certain sole rights to a assortment of intangible assets. such as musical. literary. and artistic plants ; finds and innovations ; and words. phrases. symbols. and designs. Common types of rational belongings rights include right of first publication. hallmarks. patents. industrial design rights and in some legal powers trade secrets. 4 South Korea has an authorities organisation called KIPO. This is the governmental authorization in charge of rational belongings in Korea. The mission of KIPO is to assist Korea go an advanced state by supplying legal and institutional disposal for the creative activity and use of extremely originative. value-added rational belongings and by advancing technological invention and industrial development. In Spain the chief jurisprudence modulating rational belongings protection is the 1996 Intellectual Property Law. With respect to industrial belongings. no individual jurisprudence covers all facets. Alternatively. this is regulated by a bundle of different Torahs. including the Patent Law. trade grade jurisprudence and the jurisprudence on the legal protection of industrial designs5 In the international belongings right index. South Korea and Spain score precisely the same and ends on the twenty-seventh topographic point. There are 130 states in the index so the both are trusting states. Corruptness
A state where corruptness is low is a truly of import factor to take for a state. Corruptness costs a batch of money and affects the company negative. Korea has an independent committee against Corruption. The Korea Independent Commission Against Corruption is an independent committee that reports to the President in its battle against corruptness and the attendant publicity of the clean disposal of South Korea. In a co-ordinated attempt with other monitoring bureaus. besides known proverbially as watchdogs. the KICAC is involved in bring forthing policies and orchestrating preventative activities. 6 Spain has different administrations to contend against corruptness. The Particular Attorney General’s Office for the Repression of Economic Offences related with Corruption ( ACPO ) is the biggest and good known administration in Spain. 7
Harmonizing to the Corruption perceptual experience index Spain scores better than South Korea. The Corruption Perceptions Index ranks countries/territories based on how corrupt a country’s public sector is perceived to be. It is a composite index. pulling on corruption-related informations from expert and concern studies carried out by a assortment of independent and reputable establishments. The difference between the two states is non that large but Spain would be a rescuer option.
Labour jurisprudence
Spain and South Korea have both a minimal wage8. The minimal pay in Korea is lower than in Spain which is positive for the production costs. The maximal and mean on the job hours in Spain are besides lower than in South Korea. The maximal on the job hours in Spain are 40 hours a hebdomad and in South Korea 48. This is positive for the production because you can hold longer yearss and the costs are lower as good. Forced labour and child labour are prohibited in both states. In Korea kids under the age of 18 may work under certain conditions. In Spain the minimal age is 16. To make so. in Korea they require a particular employment certification from the Labor Ministry. which is seldom issued because instruction is mandatory until the age of 14. Children under the age of 18 who wish to work require written blessing from their parents or defenders.
Environmental jurisprudence
South Korea is connected with the AECEN. This is the Asiatic Environmental Compliance and Enforcement Network and there is an understanding between 16 Asiatic states dedicated to bettering cooperation with environmental Torahs in Asia. The mission of the Ministry of Environment in South Korea is to protect the national district from menaces of environmental pollution and to better the quality of life for the populace. This includes guaranting the people of South Korea can bask the natural environment. clean H2O and clear skies. Furthermore. the Ministry purposes to lend to the planetary attempts to protect the Earth. In February 2008. the Korea Meteorological Administration became an affiliate of the Ministry of Environment to ease countermeasures against clime alteration In Spain the cardinal authorities represents Spain in the European Union and transposes European statute law into Spanish jurisprudence. It is responsible for following national statute law on the basic and common facets of the environment. Both states take the environment more than serious because it can consequence concern and people. The better and stricter the environmental jurisprudence in the state the better and more effectual you can bring forth your merchandises. Nowadays the mission of most companies is to be green and battle against planetary heating. The ordinances in Europe / Spain are more rigorous than in Asia what can be a ground to take for Spain. The investing in expensive machinery and merchandises to bring forth is possibly higher at the start but with better machinery companies can bring forth more cleaner and more effectual.
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