• Journal of Navigation and Port Research
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• v.32 no.1
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• pp.97-102
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• 2008

According to the trend of a large-sized vessel and a industrial carrier, the role of the independent contractors such as transport terminal operators, stevedores and warehousemen is increasing the base of cargo distribution that include the function of storage, warehousing, loading, unloading, trimming, dunnaging and lashing. But the common law doctrine of privity of contract has been a perennial source of difficulty for litigants seeking to enforce rights and obligations arising under a bill of lading contract. When carriage contract is negotiated, the concerned parties will be aware that some portion of obligations arising from the contract will be performed by the independent contractors engaged to carry out a particular function. It is reasonable for the independent contractors to be allowed the benefit of the carrier under the contract of carriage. As a part of the alleviating measures for the liability of independent contractors has been allowed various schemes, specially including 'Himalaya Clause'. Therefore, this study performed the validity of 'Himalaya Clause' by means of a recent judicial precedent by the Supreme Court and analyzed the rights of third parties, specially transport terminal operators, under the contract of carriage.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2007.12a
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• pp.49-50
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• 2007

선박의 대형화 및 해상사업의 기업화 등에 따라 해상운송에 있어 화물의 하역, 보관 등의 전문적인 부분을 담당하고 있는 항만하역업자, 항만터미널운영자, 창고업자 동 독립계약자의 역할은 점점 증대되어 가고 있는 추세이다. 하지만 국제해상운송은 해상운송인과 화주를 중심으로 체결한 운송계약을 중심으로 이루어져 왔으므로, 영국 보통법상의 직접계약관계의 원칙에 의해 계약당사자가 아닌 자는 계약상의 이익을 원용할 수 없다는 입장을 유지하여 왔다 이에 대해 이를 완화하고자 하는 다양한 방안이 적용되고 있으며, '히말라야약관'도 그러한 방안중의 하나이다. 본 논문은 최근 대법원판결을 통해 우리나라 법원의 히말라야약관의 유효성 인정에 대한 내용을 재검토해 본다.

• Journal of Legislation Research
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• no.41
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• pp.337-366
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• 2011

In this article, I intend to analyze the definition of an employee under the Trade Union Act in Japan. Recently, the Supreme Court of Japan held that not only opera singer but also customer engineer is an employee under the Act. Conclusions are as follows:First, it is noteworthy that the Supreme Court reaffirmed the principle of all circumstances established by CBC case. The case focused on deciding that who is an employee under the Act. Notwithstanding this holding of the Supreme Court, district courts and courts of appeals, in deciding this kind of question, have emphasized especially on the side of a legal right and obligation on a contract between an employer and a potential employee. Therefore an independent contractor has not been generally recognized as an employee under the Act. However, even though he or she was, as an independent contractor in name, offering its work to his or her putative employer, the Supreme Court applied the principle of all circumstances to both cases and held in favor on the workers on April, in 2011. Second, the Supreme Court failed to make a general legal principle for deciding that who is an employee under the Act. According to the above holdings of the Supreme Court, nobody can anticipate wether he or she is an employee or not in a concrete case. Finally, the Supreme Court did not also make its opinion clearly about the relations between an employee of the Section 3 of the Act and an employee whom an employer employs under the Section 7(2) of the Act. In conclusion, it can be said that the Supreme Court has narrowly and strictly interpreted an employee of the Section 3. That is to say, only where an employee is recognized as an employee of the Section 7(2), the employee will be also an employee of the Section 3. In Japan, however, the majority interprets that an employee by the Section 3 should be distinguished from the employee whom an employer employs by the Section 7(2). Consequently, according to the majority opinions, unemployed persons, students and citizens will be also included in the definition of an employee by the Section 3.

• Journal of Cadastre & Land InformatiX
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• v.49 no.1
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• pp.5-15
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• 2019

This study is to review methodological limitations of previous studies, propose Tobit Model as an analysis model. We model used annual rent-free as dependent variable and considering to contract characteristics and building characteristics as independent variable. We model was consisted to the three model as follow: Basic model, Time control model, Quadratic model. As a result of the analysis, existing variables revealed through previous studies such as contract period, contract area, total floor area, and building age were all statistically significant. These results were robust when considering time effects. Also, floor area and annual rent-free was quadratic relationship by inverse U shape. This result provide to methodological contribution for related research. Also, provide to more accurate information for participants in seoul office market.

• The Journal of the Korea Contents Association
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• v.17 no.5
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• pp.574-590
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• 2017

The purpose of this paper is the provision of a decision-making tool for developers to identify the project risks for under-consideration overseas independent power projects (IPPs), and to analyze the priority and importance weights of the risks through the employment of a fuzzy multi-criteria decision-making (MCDM) approach. A fuzzy MCDM is the calculation method for which the imprecision of each respondent's unique opinion is considered. Through the extensive literature surveys that were conducted for this paper, eight major project finance (PF) risks have been derived credit risk, completion risk, market risk, fuel risk, operating risk, financial risk, environmental risk, and force majeure. The empirical results show that the market risk is the most important risk factor in terms of overseas IPPs, thereby confirming that the long-term power purchase agreement (PPA) guarantee of the host country is one of the most important corresponding factors for the PF.

• Journal of the Korea Computer Industry Society
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• v.5 no.2
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• pp.235-242
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• 2004

As e-business being rapidly developed the importance of security is on the rise in network. Intrusion detection systems which are a core security system detect the network intrusion trial. As intrusions become more sophisticated, it is beyond the scope of any one IDS to deal with them. Thus we placed multiple IDS agents in the network and the information helpful for detecting the intrusions is shared among these agents to cope effectively with attackers. Each agent cooperates through the BBA (Black Board Architecture) and CNP (Contract Net Protocol) for detecting intrusions. In this paper, we propose the effective method comparing the blackboard architecture to contract net protocol.

• Korean Security Journal
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• no.30
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• pp.85-115
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• 2012

The private security industry has expanded in proportion to economic developments throughout the world, largely because the existing security services provided by the government do not satisfy demands of various economic entities and people in the society for better security service. Therefore, it would not be unfair to say that security services by private sectors are decided by its quality, price, and customers' needs. A refined management system, however, is essential to assess qualification of security companies and their service quality, given the nature of public goods of security service. Despite the steady growth of private security industry in Korea, however, it has been continuously criticized that its security management system for better qualification of security guards, training, and private security companies have not been fully updated enough to guarantee good quality. This paper aims to gain insights to effective policy formation in the Korean private security industry, through reviewing the licensing system of private security guards and the Approved Contractor Scheme (hereinafter the ACS) in the UK- that has on one hand systematically regulated private security industry, but on other hand has enforced public-private cooperation by laying significant stress on autonomy of private security companies. The distinctive characteristic of the UK policy for the private security is that the Security Industry Authority (hereinafter the SIA), an independent authority, is leading development of the private security industry of the UK through specialized private security regulation and enhanced service quality. In addition, the UK is developing quality of security service with transparent financial management and recruitment of good quality security guards by adopting not only substantially specified regulations and standards, but the voluntary ACS system. Moreover, the SIA analyzes customers' demands for security service specializing the policy for private security through conducting a variety of surveys. With the analysis of the UK private security system, this paper suggests that the Korean government change from a non-specialized private security regulation system by the National Police Agency to an independently specialized private security authority like the SIA and adopt the compulsory licensing and the ACS system of the UK.

• Korean journal of communication and information
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• v.73
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• pp.56-91
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• 2015

This study examined changes in the independent production environment in the perspectives from flexible specialization of labor and media routines since January 2011, when comprehensive programming television channels (JTBC, MBN, Channel A, TV Chosun) emerged in Korea. In-depth interviews were conducted with thirteen individuals, including producers from independent production companies, broadcast writers, and individuals involved with these TV channels. The interview results indicated that a flexible specialization production system had been established by the comprehensive programming channels. This means that they were heavily dependent on independent producers, except in relations to their own news programs. Moreover, it was identified that the production of diverse programs could be difficult due to absurd contract practices such as those related to TV ratings and performance systems. Second, these channels have implemented some positive changes such as the payment of higher production costs and an incentive system, compared to terrestrial TV stations. However, the incentive system also helps to aggravate internal competition in the channel and also instigate contract competitions among independent companies, which can eventually result in the channels for holding exclusive rights to certain content and, hence, unfair business practices. Third, as a result of the newspaper and broadcast cross-owenership system of the comprehensive programming channels, hierarchical independent production practices can be established under the influence of newspaper proprietors and executives or managers who have previously worked for newspapers. Lastly, as a result of interviews with independent producers and individuals involved with the TV channels concerning the awareness of comprehensive programming channels, it could not be ascertained whether it is difficult to produce programs dealing with diverse items and genres, because programming autonomy has been distorted by capital or the advertisement market. In this circumstance, it is not surprising that some comprehensive programming channels mentioned that they prioritize profit and performance in programming. In conclusion, it is absolutely imperative that complementary and legal measures be implemented institutionally in order to redress the existing systematic dysfunctional routines in the independent productions of the comprehensive programming TV channels in Korea.

• The Journal of Bigdata
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• v.3 no.2
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• pp.87-99
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• 2018

This study analyze the factors affecting the number of bidders in public contracts by collecting contract data such as purchase of goods, service and facility construction through KONEPS among various forms of public contracts. The reason why the number of bidders is important in public contracts is that it can be a minimum criterion for judging whether to enter into a rational contract through fair competition and is closely related to the budget reduction of the ordering organization or the profitability of the bidders. The purpose of this study is to analyze the factors that determine the participation of bidders in public contracts and to present the problems and policy implications of bidders' participation in public contracts. This research distinguishes the existing sampling based research by analyzing and analyzing many contracts such as purchasing, service and facility construction of 4.35 million items in which 50,000 public institutions have been placed as national markets and 300,000 individual companies and corporations participated. As a research model, the number of announcement days, budget amount, contract method and winning bid is used as independent variables and the number of bidders is used as a dependent variable. Big data and multidimensional analysis techniques are used for survey analysis. The conclusions are as follows: First, the larger the budget amount of public works projects, the smaller the number of participants. Second, in the contract method, restricted competition has more participants than general competition. Third, the duration of bidding notice did not significantly affect the number of bidders. Fourth, in the winning bid method, the qualification examination bidding system has more bidders than the lowest bidding system.

• Journal of the Korea Society of Computer and Information
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• v.28 no.12
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• pp.239-248
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• 2023

The purpose of this study is to analyze the factors for service contracts that affect the successful bid price rate, focusing on the case of the country market. In the study, ordering organizations and bidders differentiated themselves from existing studies by analyzing service contracts that affect the successful bid price rate in a wide range of country markets. Comparative analysis of the awarding price ratio for services, this work provides a comparable result to the existing results in the previous literature. The analytical model used five independent variables such as budget, contract method, the days of the public notice, the awarding method, and the lowest awarding ratio. In the survey and analysis, big data was collected using text mining for service bids for Nara Market over the past 18 years and data was analyzed in a multi-dimensional way. The results of the analysis are as follows, (1) if budget does not determine the awarding price ratio. This is not the case in small amounts. (2) The contract method affects the awarding price ratio. (3) The days of the public notice increase, the awarding price ratio decrease. (4) the awarding method affects the awarding price ratio. (5) The lowest awarding ratio determines the awarding price ratio. Based on the results of empirical analysis, policy implications were sought.