• Title/Summary/Keyword: 관계법률

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A study on Multiple Entity Data Model Design for Visual-Arts Archives and Information Management in the case of the KS X ISO 23081 Multiple Entity Model (시각예술기록정보 관리를 위한 데이터모델 설계 KS X ISO 23081 다중 엔티티 모델의 적용을 중심으로)

  • Hwang, Jin-hyun;Yim, Jin-hee
    • The Korean Journal of Archival Studies
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    • no.33
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    • pp.155-206
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    • 2012
  • Interests in archives management are getting expanded from the public sector into the cultural and artistic field for the ten years after legislation of "Act on the Management of Public Archives" in 1999. However, due to lack of recognition on the importance of archives in the cultural and artistic field, it is rather frequent that information is kept scattered or archives are lost. As an example, absence of precise contract documents or notes of bestowal keeps people from locating great amount of cultural properties, and because of it these creative properties are in the risk of thefts, the closed-door auctioning, or trades in unofficial channels. As how a nation manages cultural and artistic creation inside the nation reflects its cultural level, it can be said that one of the indexes to notice the extent of a nation's cultural level is to take a look at how they are circulated. This study started from this point. Growing economy and rising interests in culture and art made the society more cognizant of the importance and value that visual artworks have, but the archives and information which are showing the context of these artworks and are produced in the course of social interaction are relatively disregarded because too much emphasis lies on the work itself. It is harder to find archives or documentations in Korea than in other advanced countries about the artists themselves or philosophical discourse on the background of the artworks. There is not so much interest to preserve the archives and information produced after the exhibition also, and they are used for no more than promotion or reference. Hereupon, the researcher recognized the importance of visual arts archives and believed that systemic management on them are high in need. And metadata is an essential way for the systemic management, as recently management on artworks or their archives are conducted using the system of the agencies even though they are not produced electronically. The objective of this study is to manage visual arts archives systematically by designing a data model reflecting traits of visual arts archives. Metadata are needed in the every course of archives from acquisition to management, preservation and application. Visual arts archives find its rich value only when a systemic relationship is established among information on artist, artwork and events including exhibition. By establishing a Multiple Entity Data Model, in which artworks, artists and events (exhibitions) make relationship all together, metadata for management on visual arts archive gets more efficiency and at the same time explanatory trait of the archive gets higher. For this reason we, in the study, tried to design a data model by setting each as an independent entities and designating relations between them, in order to find a way to manage visual arts archives more systematically.

Impacts of Entrepreneurship and Market Orientation of Business Incubator CEO's on business performance: Focusing on Moderating effects of utilization level of BI Supporting Services (창업보육센터 입주기업 CEO의 기업가정신 및 시장지향성이 경영성과에 미치는 영향: 창업기업의 지원서비스 활용정도 조절효과를 중심으로)

  • Kim, Seong Il;Lee, Woo Jin
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.11 no.5
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    • pp.1-13
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    • 2016
  • This study aims to observe the impacts of entrepreneurship and market orientation of Seoul's business incubator (BI) CEO's on business performance, as well as investigate the moderating effects of BI supporting services. The main objectives of this study are as follows: first, to observe how the entrepreneurship of CEO's affects business performance; second, to observe how CEO's market orientation as a cultural factor attributes to business performance; third, to verify whether the utilization level of BI supporting services shows moderating effects between entrepreneurship and business performance, and finally to verify whether the utilization level of BI supporting services shows moderating effects between market orientation and business performance. Business incubators in Seoul registered with the Business Incubator Association were surveyed both online and offline to receive 127 responses out of 320 circulations. By filtering out insincere reponses, 117 were used for statistical analysis. Our results assert that the utilization level of physical BI supporting services does indeed strengthen the relation between initiative and financial performance. Also, it is interesting to note that the utilization level of physical BI supporting services supports the relation between risk sensitivity and financial performance. While risk sensitivity on its own shows no positive effect on business performance, a suitable utilization level of BI supporting services is likely to strengthen the connection. In addition, the utilization level of both physical and non-physical supporting services shows a moderating effect between initiative and non-financial performance. Based on the results above, risk-taking business incubator CEOs with initiative are likely to yield better financial performance in terms of increasing sales, if provided with various physical supporting services such as sufficient educational facilities including communal spaces and conference rooms.

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Manufacturing process and food safety analysis of sous-vide production for small and medium sized manufacturing companies: Focusing on the Korean HMR market (중소규모 생산업체의 수비드 제품 생산을 위한 공정 및 안전성 분석: 한국 HMR 시장 중심으로)

  • Choi, Eugene;Shin, Weon Sun
    • Korean Journal of Food Science and Technology
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    • v.52 no.1
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    • pp.1-10
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    • 2020
  • The present study identified the restrictions on the use of sous-vide products in the Korean HMR market for small and medium-sized manufacturing companies. A detailed literature review revealed that the HMR market in Korea is close to saturation. Notably, the technologically advanced products produced using sous-vide seem to display significant potential to overcome market saturation. The sous-vide method differs from conventional cooking techniques and is characterized by maintenance of food texture along with flavor enhancement. However, due to the unfamiliarity of the manufacturers with this method and the unclear food safety regulations, mass food manufacturing companies do not agree on using this method; hence, sous-vide production is usually undertaken by small/medium sized companies catering primarily through online marketing portals. This study highlights the various restrictions to the implementation of sous-vide production, and discusses several practical implications of sous-vide production that would help users of this technique enter the HMR market.

Right of disposition of cargo and Air waybill (송하인의 운송물 처분청구권과 항공화물운송장)

  • Nam, Hyun-Sook;Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.177-199
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    • 2015
  • Commerce enriches human life enriched and within commerce, transportation of cargo is arguably the most important in business transactions. Traditionally, marine transport has been major commercial transaction, but carriage cargo by air is on the increase. While the fare for freight in comparison with that of ocean is higher, air freight has many benefits that justify the higher shipping fee; lower insurance premium, packing charges, inventory control, cost management and especially speed. Therefore, air freight transport is accumulating gradually. An air waybill(AWB) is needed in the air transport flow. It is a nonnegotiable security, so the holder cannot transfer of a right to a third party. Some scholars suggest that a negotiable AWB is needed. However, it seems nearly impossible to do so; an e-AWB use shows a gain in numbers, even if it has not met expectations. Going forward, it would appear reasonable to conduct a follow-up study on the utility and legal problem for e-AWB. After sending goods, the consignor has the right of disposition of cargo in some cases, and more research is necessary, because it is related to change of ownership and a trade settlement. According to WATS (World Airlines Transport Statistics), the Korean Air took third place in international freight in 2014, and fifth in total, domestic and international to great acclaim. However, there is a lack of research supporting the business showing. It is hope that more studies on e-AWB, stoppage in transit, and a risk of outstanding amount, etc. connect to develop Korean air freight industry.

Legal Aspects on ICAO SARPs Regarding Alternative Fire Extinguishing Agent to Halon Fire Extinguishers

  • Lee, Gun-young;Kang, Woo-Jung
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.205-226
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    • 2018
  • For sustainable development of air transport, the establishment and application of international standards of environmental protection area is significant. The development and use of alternative fire extinguishing agent to Halon, which is used for the fire extinguishing systems of engine nacelles/APU and cargo compartments, has been requested in order to protect the ozone layer. The ICAO has been active in preparing international standards and recommended practices (SARPs); however, certification of alternative fire extinguishing agents has been postponed due to technical readiness problem.. Consequently, the implementation of SARPs has also been postponed by two years from the end of 2016. to the end of 2018. As such consequences have caused confusion among Member States regarding its implementation, it is necessary to discuss and pay more attention to this issue. ICAO Council and Air Navigation Commission should consider between setting the implementation time frame earlier or giving enough time for mature readiness and preparedness. Also in order to minimize the unnecessary discharge of Halon owned by Member States, it is necessary to consider efficient management methodologies; for example, requesting fire extinguisher manufacturers to recharge in professional ways. For the successful implementation of the SARPs, ICAO developed an implementation task list as including notification of differences, establishment of a national implementation plan, drafting of the modification to the national regulations and means of compliance, adoption of the national regulations and means of compliance. Member States can develop their own rule making process in reference with the ICAO implementation task list. This issue was presented and discussed during the 54th Conference of Directors General of civil aviation, Asia and Pacific Regions which was held in Ulaanbaatar, Mongolia in 2017 with significant attention among participated Contacting States. In this regards, ICAO Council and Air Navigation Commission should consult with Legal Bureau lawyers regarding SARPs preparing process to eliminate difficulties and confusions for proper implementation within effective date.

Current Trend of European Competition Damage Actions (유럽 경쟁법상 손해배상 청구제도의 개편 동향과 그 시사점)

  • Lee, Se-In
    • Journal of Legislation Research
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    • no.53
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    • pp.525-551
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    • 2017
  • This Article discusses the current trend of European competition damage actions focused on the recent Damage Directive and its transposition by the United Kingdom and Germany. The relevant Directive was signed into law in November 2014, and it requires the EU Member States to adopt certain measures to support competition damage actions. The required measures and principles by the Directive include right to full compensation, rebuttable presumption of harm, extensive disclosure of evidence, use of pass-on for defense and indirect purchaser suits. Although many Member States did not meet the deadline to transpose the Directive, the end of 2016, it is reported that 23 Member States have now, as of September 2017, made enactments according to the Directive. When we look at the transposition done by the United Kingdom and Germany, the revisions on their competition laws closely follow the contents of the Directive. However, it will take quite a long time before the amended provisions apply to actual cases since most of the new provisions apply to the infringement that take place after the date of the amendment. A similar situation regarding application time may happen in some other Member States. Furthermore, even if the terms of the competition laws of the Member States become similar following the Directive, the interpretations of the laws may differ by the courts of different countries. EU also does not have a tool to coordinate the litigations that are brought in different Member States under the same facts. It is true that the EU made a big step to enhance competition damage actions by enacting Damage Directive. However, it needs to take more time and resources to have settled system of competition private litigation throughout the Member States. Korea has also experienced increase in competition damage actions during the last fifteen years, and there have been some revisions of the relevant fair trade law as well as development of relevant legal principles by court decisions. Although there are some suggestions that Korea should have more enactments similar to the EU Directive, its seems wiser for Korea to take time to observe how EU countries actually operate competition damage actions after they transposed the Directive. Then, it will be able to gain some wisdom to adopt competition action measures that are suitable for Korean legal system and culture.

Democracy and Confucian Philosophy of South Korea in the 21st Century - Focusing on the issue of heteronomy and autonomy - (21세기 한국의 민주주의와 유가철학 - 타율성과 자율성의 문제를 중심으로 -)

  • Lee, Cheol-seung
    • Journal of Korean Philosophical Society
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    • v.148
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    • pp.1-27
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    • 2018
  • The 10th constitution established in 1987 serves as the theoretical foundation of democracy in South Korea in the 21st century. Respect for human rights, resistance to injustice, and equality consciousness inherent in this constitution do not conflict with the content of Confucian philosophy. This means that the spirit of the constitution of South Korea in the 21st century was formed under the influence of the idea of democracy and Confucian philosophy. However, the 10th constitution attaches importance to the idea of the 'Basic free and democratic order', which was accepted in the Yushin constitution and inherited by the military forces. The Yushin constitution was affected by liberalism that prioritizes freedom over equality rather than supporting the compatibility between freedom and equality. Therefore, policies to expand the interests of the bourgeoisie rather than public welfare or the interests of the public have been implemented frequently. In particular, during the Lee Myeong-bak and Park Geun-hye regimes, many unequal phenomena were mass-produced. Confucian philosophy in the 21st century critically sees this unequal society. Confucian philosophy thinks that a sense of relative deprivation plays a role of alienating humans and emphasizes the importance of equal relationships. In addition, this constitution emphasizes the rule of law. However, the rule of law attaches importance to positive laws when the spirit of the constitution that contains natural law is applied to reality through systems. This rejects autonomous judgments and choices while inducing reliance on heteronomy. These heteronomous laws as such are accompanied by forcibleness. The positive laws as such can degrade humans into passive beings that indiscriminately adapt themselves to frames already set instead of active beings that think freely and creatively. Confucian philosophy regards and criticizes the rule of law as a system that makes humans into a means. Confucian philosophy regards humans as moral beings instead of tools. Confucian philosophy seeks to build a healthy society through morality accomplished through conscious realization of the principles of life. Confucian philosophy regards humans as originally free beings. Therefore, human beings are autonomous beings, not heteronomous beings. According to Confucian philosophy, humans beings that can realize the morality contained in their inner side by themselves to responsibly carry out their own judgments and choices. Therefore, Confucian philosophy, which considers human beings as beings to be trusted instead of beings to be distrusted, attaches importance to the realization of human decency through edification rather than by punishment through the law. This means that human values cannot be kept by the heteronomy termed positive laws but the identity of humans can be maintained by voluntary choices and judgments. As such, the comment of Confucian philosophy on the problems of liberal democracy and positive laws contained in the 10th constitution can be helpful in essentially solving the contradictions of modern South Korean society.

A Study on the Rational Improvement of the Regulation and System about Embryo Preservation (배아 보존에 관한 합리적 제도 개선을 위한 연구)

  • Baik, Sujin;Moon, Hannah;Park, Inkyoung;Cha, Seunghyun;Park, Joonseok;Lee, Gyeonghun;Park, Chun-seon;Cho, Heesoo;Kim, Myung-Hee
    • The Korean Society of Law and Medicine
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    • v.22 no.3
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    • pp.57-95
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    • 2021
  • Korea's period for preservation of embryos is up to five years (the Bioethics Act). However, the study reviewed domestic and foreign laws and drew issues due to the recent demand that the development of related science and technology and the period limitation limit the rights of consent holder for embryo production. the first issue is that preserved embryos are intended for pregnancy, and it is important to ensure that the autonomy of the consent holder is protected through careful consideration based on information such as scientific evidence. the second is that regulations regarding the obligation to manage embryonic preservation institutions are needed. the third is to create a social atmosphere in which embryo creation, preservation, and disposal take place in a minimum range, considering the special status of embryos. based on this issue, the first of the proposals for rational improvement of the regulation and system about embryo preservation is the introduction of an environment in which sufficient explanation and appropriate consent can be exercised and to extend the reasons for the extension of the period, rather than specifying the specific period in law. the second is that institutionalization is necessary considering not only the obligation to manage preservation institutions but also the overall site, such as concerns that may arise as a result. lastly, we propose the introduction of a management method considering the future use of embryos, such as transfer to provide research purposes and donation of pregnancy purposes by others. this process should be a method of sufficient social discussion and consensus, as well as a general consideration of the family relationship with the born child.

CEO's Political Independence, Board Chair Separation, Executive's Expertise, and Performance in State-Owned Enterprises (공기업 CEO의 정치적 독립성, 이사회 의장 분리, 임원의 전문성과 성과)

  • Yu, Seungwon
    • KDI Journal of Economic Policy
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    • v.35 no.2
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    • pp.1-39
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    • 2013
  • Considering the relationship between state-owned enterprise (SOE) CEOs and political circles, this study examines the performance impacts of CEO's succession type, board chair separation, and industry expertise and finance expertise of CEOs and outside directors. I propose the definition of political independence in SOE CEOs based on the independence in appearance that might affect general people's perception. It means that there are no relationships or circumstances that might affect SOE CEO's judgment, activity, and report. The definition is able to overcome the limitations of the prior research that could not discover the CEOs who were affiliated to political circles because the research just distinguished the CEOs following their pre-jobs. This study focused on the performance impacts of political independence impaired CEO as well as the CEO's impacts on the relationship between the performance and other corporate governance variables. I selected as dependent variables the average return on asset as operating income divided by total assets and the average customer satisfaction rate evaluated by Korean government during the first three years following the year of the events of explanatory variables. My theory and evidence from the various CEO's personal background and financial information from SOEs in Lee Myung-bak Administration and Rho Moo-hyun Administration suggest the following important things. First, the analysis based on whether or not a SOE CEO keeps political independence shows that a political independence impaired CEO made a significantly negative impact on customer satisfaction rate. Second, the separation between a board chair and a CEO in SOEs introduced by Korean Act on Management of Public Institutions made a significantly positive impact on customer satisfaction rate. However, the positive impact of the board chair separation was removed in a political independence impaired CEO's SOE. Third, outside director's industry expertise made a significantly positive impact on return on asset. However, the positive impact of the outside director's industry expertise was removed in a political independence impaired CEO's SOE. Fourth, the comparison between Lee Myung-bak Administration and Roh Moo-hyun Administration on the corporate governance and performance of SOEs shows that the ratio of political independence impaired CEO was significantly higher in Lee Administration and the ratio of outside director's industry expertise and finance expertise were respectively significantly higher in Roh Administration. Based on these results, I suggested a few policy alternatives for CEO's improved political independence and requirements for executive's expertise in SOEs.

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An exploration of the relationship between crime/victim characteristics and the victim's criminal damages: Variable selection based on random forest algorithm (범죄 및 피해자 특성과 범죄피해 내용의 관계 탐색: 랜덤포레스트 알고리즘에 기초한 변인선택)

  • Han, Yuhwa;Lee, Wooyeol
    • Korean Journal of Forensic Psychology
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    • v.13 no.2
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    • pp.121-145
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    • 2022
  • The current study applied the random forest algorithm to Korean crime victim survey data collected biennially between 2010 and 2018 to explore the relationship between crime/victim characteristics and the victim's criminal damages. A total of 3,080 cases including gender, age (life cycle stage), type of crime, perpetrator acquisition, repeated victimization, psychological damage (depression, isolation, extreme fear, somatic symptoms, interpersonal problems, moving out to avoid people, suicidal impulses, suicide attempts), and emotional changes after victimization (changes in self-protection confidence, self-esteem, confidence in others, confidence in legal institutions, and respect for Korean legal system/law) were analyzed. Considering the features of data that are difficult to apply traditional statistical techniques, this study implemented random forest algorithms to predict crime and victim characteristics using the victim's criminal damages (psychological damage and emotional change) and selected good predictors using VSURF function in VSURF package for R. As a result of the analysis, it was confirmed that the relationship between the type of crime and depression, extreme fear, somatic symptoms, and interpersonal problems, between perpetrator acquisition and somatic symptoms and interpersonal problems, and between repeated victimization and changes in respect for Korean legal system/law. Gender and life cycle stage (youth/adult/elderly) were found to be related to extreme fear and changes in self-protection confidence, respectively. However, more empirical evidence should be aggregated to explain the results as meaningful. The results of this study suggest that it is necessary to enhance the experts' knowledge and educate them on cases about the relationship between crime/victim characteristics and criminal damage. Strengthening their interview strategy and knowledge about law/rules were also needed to increase the effectiveness of the Korean victim assessment system.