• Title/Summary/Keyword: 교섭의 과정

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Legal Bases and Cases for the Form Requirement under PICC (국제상사계약에 관한 일반원칙(PICC)하에서 계약의 형식요건에 관한 법적 기준과 판결례)

  • Shim, Chongseok
    • International Commerce and Information Review
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    • v.18 no.4
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    • pp.143-164
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    • 2016
  • PICC are dealing with form requirements of international commercial contract under writings in confirmation, conclusion of contract dependent on agreement on specific matters or in a particular form, contract with terms deliberately left open, merger clauses, modification in a particular form. If a writing which is sent within a reasonable time after the conclusion of the contract and which purports to be a confirmation of the contract contains additional or different terms, such terms become part of the contract, unless they materially alter the contract or the recipient, without undue delay, objects to the discrepancy. Where in the course of negotiations one of the parties insists that the contract is not concluded until there is agreement on specific matters or in a particular form, no contract is concluded before agreement is reached on those matters or in that form. If the parties intend to conclude a contract, the fact that they intentionally leave a term to be agreed upon in further negotiations or to be determined by a third person does not prevent a contract from coming into existence. A contract in writing which contains a clause indicating that the writing completely embodies the terms on which the parties have agreed cannot be contradicted or supplemented by evidence of prior statements or agreements. However, such statements or agreements may be used to interpret the writing. A contract in writing which contains a clause requiring any modification or termination by agreement to be in a particular form may not be otherwise modified or terminated.

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A Study on the Historical Consciousness and View of the Three Religions of Won Cheon Seok (원천석(元天錫)의 역사의식과 유불도(儒佛道) 삼교관)

  • Jeong, Seong Sik
    • The Journal of Korean Philosophical History
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    • no.35
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    • pp.165-188
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    • 2012
  • The purpose of this study is to examine the historical consciousness and view of the three religions (Buddhism, Taoism, and Confucianism) of Won Cheon Seok who lived a period of historical transition from the end of the Goryeo Dynasty to the early Joseon Dynasty. Actively speaking for the public in his time and having the same attitude as the Neo-Confucian scholars in the end of Goryeo Dynasty, he kept criticizing the abuse of the power by powerful families who made the people fall into a state of distress and misery. He believed the dispatch of troops to conquer the Yodong region as a great opportunity to boost the valiant spirit of his country; however, the reality was quite opposite to his expectation as Lee Seong Gye had withdrawn the army troops at the Wihwado causing a great risk to his country. He took a very hard line stance against what Lee Seong Gye did. Although he was a Confucian scholar, he did not ignore Buddhism and Taoism and understood that after all the three religions were based on the same principle. His deep understanding of Buddhism and Taoism as well as Confucianism helped him to make sense of Confucianism even further. He was able to sublimate the worldly anguish coming from the Confucian thinking system by indulging himself deeply into the world view of Buddhism and Taoism. In the end, his view on the three religions was based on the idea that they taught the same principle. His view of the three religions with transactional features has a huge implication for the contemporary society in which various values and multiple cultures coexist and have more common grounds.

The Superintendent Office (Gamriseo) at the Open Ports in Joseon Dynasty of Korea and Related Records: Focused on the Busan Port (조선 개항장의 감리서(監理署)와 기록 - 부산항을 중심으로 -)

  • Song, Jung-Sook
    • Journal of Korean Society of Archives and Records Management
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    • v.13 no.3
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    • pp.255-282
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    • 2013
  • The Treaty of Friendship, Commerce and Navigation between the Joseon Dynasty and Japan began signing procedures from February 1876. Thus, Busan port became an open port to foreign vessels. This has resulted in Busan port becoming the greatest port in Korea. Because of this, the Superintendent Office (Gamriseo, 監理署) was established at 1883 but was later abolished in 1906. In this thesis, the author explored the opening procedure of Busan Port as an open port, the structure of the positions in the Superintendent Office, and the establishment and abolition, types, and contents of records of Gamriseo that were created or received. Records of the Superintendent Office were classified into diplomatic records, judge records, police records, customs records, administrative records, and the daily records of the institution. Most of the original documents of the Superintendent Office were preserved at the Kyujanggak Institute for Korean Studies while some were published by the National Institute of Korean History and Asiatic Research Institute of Korea University.

Survey Design of the Workplace Panel Survey in Korea (사업체패널조사의 조사설계)

  • Lee, Kee-Jae;Kim, Hye-Won;Kim, Sue-Jin;Kim, Ki-Min;Lee, Yong-Hee
    • Survey Research
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    • v.9 no.3
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    • pp.71-91
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    • 2008
  • Workplace Panel Survey(WPS) is the representative panel survey of workplace in Korea. WPS was newly sampled in 2005 and is to be used for the subsequent biennial survey. The main survey is divided into a questionnaire for human resources(HR) manager, a questionnaire for labor relations manager and a questionnaire for representatives of unions. The population of WPS 2005 included workplaces across the country with 30 or more employees. The WPS 2005 was composed of 1,905 workplaces including 290 workplaces in the public sector. The sample was selected by the stratified random sampling. Weighting process for the survey data was introduced to compensate for differential sampling and non-response rates. Personal interviews were conducted using the Computer Assisted Personal Interviewing(CAPI) system during visits by interviewers, along with survey via mail and e-mail concerning employment and financial issues. The CPAI system introduced for the WPS 2005 can by used for automatical detection for errors and inconsistencies which may occur during the survey process. The CAPI system played an important part in enhancing the reliability of the survey data.

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A Study on the Cultural Concept and Methodology of the Place Marketing Strategy (장소마케팅 전략의 문화적 개념과 방법론에 관한 고찰)

  • Lee Mu-Yong
    • Journal of the Korean Geographical Society
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    • v.41 no.1 s.112
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    • pp.39-57
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    • 2006
  • Place marketing strategy is an research or policy field of cultural politics on which various meanings, discourses and practices are deployed, contested and negotiated surrounding the development or destruction of urban cultures. So it is needed to correct and concrete understanding about the cultural significations of place marketing strategy. In that sense, this study aims to establish the concept and methodology of place marketing strategy as urban culture development strategy. At first, the theory of cultural politics of space and cultural political approach to the place marketing strategy are reviewed. And then, basic concept of place marketing strategy and the process of place marketing strategy are established. Finally, with drawing the cultual political factors(named SAUNE factors), the methodology of place marketing strategy is systematized.

기업간(企業間) 분업(分業)의 효율성(效率性) 증진(增進)과 중견기업(中堅企業)의 역할(役割)

  • Kim, Ju-Hun
    • KDI Journal of Economic Policy
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    • v.18 no.2
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    • pp.63-116
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    • 1996
  • 우리나라 제조업(製造業)의 수직적(垂直的) 구조(構造)는 선진공업국에 비하여 소(小) 영세기업(零細企業)의 비중이 월등히 높은 피라미드형의 형태를 보이며 80년대말 이후 소기업군의 확대는 더욱 두드러지고 있다. 이처럼 소기업의 비중이 높아진 것은 제조업체들이 가격경쟁력(價格競爭力)을 높이기 위하여 생산비용이 높게 드는 자체생산(自體生産)을 가능한 한 줄이고 임금(賃金)이 낮은 중소기업으로 생산공정을 이양해 왔기 때문이다. 소기업 비중이 높은 분업구조는 가격경쟁력이 중시되어 생산을 분업화해야 하는 경제체제에서는 높은 효율성(效率性)을 발휘한다고 평가할 수 있다. 90년대에 이르러 중소기업이 저가(低價)의 생산요소(生産要素)를 조달받기 어려운 경제여건이 조성되면서 중소기업의 경영불안이 높아지는 등 가격경쟁력을 유지하기 위한 생산분업체제(生産分業體制)는 한계(限界)에 도달한 것으로 보인다. 따라서 대기업과 중소기업간 분업도 기술(技術) 중심의 분업관계(分業關係)로 전환되어야 할 단계에 이르렀다고 볼 수 있다. 그러나 종전과 같이 소기업(小企業)에 의존하는 분업구조(分業構造)로는 기술분업(技術分業)이 정착되기 어렵다. 왜냐하면 연구개발, 전문인력의 고용 등 기술개발과 관련된 기업활동에는 생산량에 관계없이 고정비용(固定費用)이 들어서 기술개발 비용과 위험을 분산시키려면 기업의 생산규모가 상당히 커져야 하기 때문이다. 이는 소기업 중심의 분업구조가 중견기업(中堅企業)중심의 구조로 개편(改編)되어야 함을 의미한다. 중견기업이 육성되려면 첫째, 대기업과 직거래하는 중소업체(中小業體)의 수(數)가 축소되어야 한다. 거래업체수의 과다는 기업규모를 영세하게 만드는 가장 직접적 요인이기 때문이다. 그러나 거래업체의 정리과정에서 기존업체들이 중소기업 보호여론을 등에 업고 반발할 수 있고, 대기업이 교섭력을 강화하기 위한 수단으로 악용할 수 있으므로 객관적이고 투명한 정리기준의 제시가 전제되어야 한다. 둘째, 대기업의 중소기업에 대한 대폭적 자본참여(資本參與)가 허용되어야 한다. 대기업의 자본참여는 중소기업 지배를 강화할 것으로 우려되어 현재는 극히 부분적으로 허용하고 있으나, 개방경제하에서는 대기업과 국내 중소기업간의 협력관계를 유지시키는 효과적 수단으로 작용하게 될 것이다. 셋째, 은행 등 금융자본(金融資本)의 중견기업에 대한 투자(投資) 활성화(活性化)가 필요하다. 금융자율화로 금융기관의 수익성이 강조되는 상태에서 금융자본이 거래업체의 주주(株主)로서 참여하면 경영정보를 손쉽게 파악할 수 있어 우량업체의 신속한 육성이 가능해질 수 있다.

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Research on Non-Union Representation for Contingent Worker's Representation Mechanism : Focusing on CSO's Representation Mechanism in Civil Society (비정규 노동자 이해대표 기제로서 비노조 이해대표에 관한 연구 : 시민사회진영 내 CSO를 통한 이해대변 기제를 중심으로)

  • Sohn, Jeong-soon
    • Korean Journal of Labor Studies
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    • v.24 no.2
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    • pp.61-94
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    • 2018
  • While the unionization of contingent workers is at a standstill, the newly emerging peripheral workers' representation mechanism is CSO(Civil Society Organization). Unlike trade union's representation based on coercive collective bargaining and agreements CSO represents the interests of marginal workers through counseling, advocacy, public relations, and education. In the case of Korea, since the 2000s, labor CSOs, called "contingent centers", have started to spread. As a result of the survey, contingent centers which are contracted out by local governments show the possibility that the representation activities are restricted, because most of their resources are covered from the local government. This is because CSOs have limitations due to a dilemma in the process of representing funders and the represented. Nevertheless, the contingent workers' CSO in Korea shows the possibility of supplementing and supporting the role of trade unions' representation. In this regard, through the solidarity of trade unions and CSOs, it will be possible to expand the representation of unorganized and contingent workers in Korean society.

The VV&A Process Design for CMMS in consideration of Korean mission space characteristics (한국형 CMMS 개발 및 관리시스템의 VV&A 프로세스 설계)

  • Kim, Gyo-Seob;Lee, Jung-Man;Bae, Young-Min;Lee, Young-Hoon;Pyun, Jai-Jeong
    • Journal of the Korea Society for Simulation
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    • v.19 no.4
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    • pp.189-198
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    • 2010
  • Conceptual Model of the Mission Spaces(CMMS) is a first abstraction model of the military real world and serves as a knowledge(mission spaces) reference models for development, interoperability and reusability of defense modeling and simulation(M&S) systems, by capturing basic information about entities involved in any mission and their key actions and interactions. Therefore, the completeness of CMMS is the key to success for the quality of M&S systems based on it. To improve quality and credibility of CMMS, the Verification, Validation and Accreditation(VV&A) processes of CMMS is very important. This paper briefly describes the K-CMMS(Korean Conceptual Model of Mission Space) and the VV&A process.

A Study on the Main Issue and Its Solution Explored through Mediation Cases - Focused on the Cases of Busan National Labor Relations Commission - (조정사건을 통해 살펴본 주요 쟁점사항과 해결방안에 대한 연구 - 부산지방노동위원회의 사례를 중심으로 -)

  • Song, Kyung-Soo;Kim, Yong-Ho
    • Management & Information Systems Review
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    • v.30 no.4
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    • pp.253-292
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    • 2011
  • This study is significant of groping for the autonomous perspective of a medication system for the establishment of harmonious regional labor-management relationship and investigating a plan to minimize previously labor disputes through both analyzing mediation cases and finding out any core issue from the labor-management relationship, with matters experienced in the mediation field when I had served as a mediator. Specially, this study has also objectives to prevent previously any labor dispute through analyzing and minimizing the issue of the labor dispute by case and to establish harmonious labor-management relationship thereby. Further since it is necessary to understand the organization and roles of the regional labor relations commission in order to understand the concrete matters in respect of the labor dispute mediation, this study shall be to explore in detail the matters relating hereto and to acquire general knowledge of mediation through case analysis. Additionally, there is little studies exploring alternative research for the establishment of reasonable labor-management relationship with core issues referred a mediation to the labor relations commission through both the position heightening of the labor relations commission and the analysis of core issues until now. Thus, this study may provide a theoretical base for raising a technique to enhance negotiation skill through acquiring the previous training or full knowledge on the approaching manner to be taken by the labor and management in the collective bargaining or wage bargaining on the basis of items analyzed by core issue. The heightening perspectives to be acquired through the analysis of 50 or more mediation cases are as follows. First, it deems to be important what position each mediation party takes. Second, the information acquired by an investigator in the preliminary investigation before holding the mediation is very importantly utilized in the mediation. Third, the gumption of mediators in charge of the mediation is very helpful for the resolution of a case. Fourth, it shall be preceding to understand dispute issues. After reviewing fully the investigation report of an investigator, if separate review is required, it is tried to hold a separate meeting and then reduce the number of issues asserted by the labor & management and, if the number of such issues is reduced, the mediation may approach to be concluded. Fifth, it shall be kept in mind that any matter other than the scope of the law be based on not the judgement of mediator but the legal interpretation. Sixth, it is necessary for both labor and management parties to take a positive approach so as to make the healthy labor & management relationship anchored. Seventh, notwithstanding the mediators are part-time and take a service attitude, it shall be encouraged to abstain from slandering or inveighing against the mediators because the mediation is taken against oneself. Eighth, it is necessary to convert the management's recognition about a labor union. Ninth, it is necessary to not raise any issue on the matters, such as time-off system and multiple labor union, etc., which are legally enforced. Tenth, it is confirmed that the regional labor relations commission plays a bridge role of narrowing down the issue difference between the labor and management.

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A Mathematics Teacher's Reflective Practice as a Process of Professional Development (전문성 신장 과정으로서의 한 수학교사의 성찰적 실천)

  • Kim, Dong-Won
    • Communications of Mathematical Education
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    • v.23 no.3
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    • pp.735-760
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    • 2009
  • Most of every teachers' life is occupied with his or her instruction, and a classroom is a laboratory for mutual development between teacher and students also. Namely, a teacher's professionalism can be enhanced by circulations of continual reflection, experiment, verification in the laboratory. Professional development is pursued primarily through teachers' reflective practices, especially instruction practices which is grounded on $Sch\ddot{o}n's$ epistemology of practices. And a thorough penetration about situations or realities and an exact understanding about students that are now being faced are foundations of reflective practices. In this study, at first, we explored the implications of earlier studies for discussing a teacher's practice. We could found two essential consequences through reviewing existing studies about classroom and instructions. One is a calling upon transition of perspectives about instruction, and the other is a suggestion of necessity of a teachers' reflective practices. Subsequently, we will talking about an instance of a middle school mathematics teacher's practices. We observed her instructions for a year. She has created her own practical knowledges through circulation of reflection and practices over the years. In her classroom, there were three mutual interaction structures included in a rich expressive environments. The first one is students' thinking and justifying in their seats. The second is a student's explaining at his or her feet. The last is a student's coming out to solve and explain problem. The main substances of her practical know ledges are creating of interaction structures and facilitating students' spontaneous changes. And the endeavor and experiment for diagnosing trouble and finding alternative when she came across an obstacles are also main elements of her practical knowledges Now, we can interpret her process of creating practical knowledge as a process of self-directed professional development when the fact that reflection and practices are the kernel of a teacher's professional development is taken into account.

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