• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.31
• /
• pp.81-106
• /
• 2006

The Terms of Reference are one of the most distictive features of ICC Arbitration. No document of this type is required to be drawn up under the rules of any of the other major international arbitration institutions. The purpose of this paper is to examine their advantages and to introduce main contents provided in Article 18 of ICC Rules of Arbitration, which results in the wide recognition of the Terms of Reference. As the volume of our international commercial transaction ranks almost ten in the world, the frequency using ICC Arbitration is expected to increase continuously. The Terms of Reference provide the parties and the arbitrators with an opportunity to identify and agree on procedural and other matters, such as the applicable law, the language of the arbitration and the timetable for the arbitration. They also afford the parties and the arbitrators to identify the substantive issues that are addressed in the arbitration and to delimit the precise scope of the Arbitract Tribunal's mandate. The contents of the Terms of Reference which are provided in Article 18(1) include the summary of parties claims, the list of issues and procedural rules. For the effects of the Terms of Reference, they are not intended to replace the parties' arbitration agreement. But they may in certain circumstances be regarded as a form of submission agreement. Article 18(2) provides that the Terms of Reference shall be signed by the parties and the Arbitral Tribunal, and requires the Arbitral Tribunal to transmit a signed copy of the Terms of Reference to the Court within two months of the date on which the file was transmitted to it by the Secretariat. The Court enjoys the power to extend the two-month time limit for the Terms of Reference on the reasoned request of the Arbitral Tribunal or on the Court's own initiative. Article 18(3) provides that if any of the parties refuses to take part in the drawing up of the Terms of Reference or to sign the same, they shall be submitted to the Court for approval. Article 18(4) allows the Arbitral Tribunal to extablish in a separate document a provisional timetable. This is a provision that encourages the acceleration of the arbitraction process. The timetable provided for therein is merely "provisional" and may be modified, as necessary, during the course of the arbitration.

• Journal of Nutrition and Health
• /
• v.37 no.5
• /
• pp.406-414
• /
• 2004

The purposes of this study were 1) to investigate the importance level on factors affecting the foodservice management contract perceived by the clients in the office building, government and public offices and manufacturing company in Seoul and Kyungi 2) to compare the perceived importance levels of the present contract and future contract 3) to compare the perceived importance levels of the competitive bid with those of the private contract. To collect the data on the perceived importance level on the affecting the foodservice management contract, the questionnaires were developed by the delphi technique and modified by the pilot test. The questionnaires consisted of 4 categories and 19 items on the factors affecting the foodservice management contract and the importance level on the factors were measured by 5-likert scale. From March 12 to April 13 in 2003, the self-administrative questionnaires were mailed to 280 clients. The questionnaires were responded from the 50 clients (respondent rate: 25％). On the factors affecting the present contract and the future contract, among the 4 categories (the appropriateness of foodservice operation plan, the evaluation of the foodservice company, sales ability, the conditions of the cost in the contract), the importance level of the appropriateness of foodservice operation plan was higher than those of the other categories. In the comparison of the perceived importance level between the present contract and the future contract, the importance level of 4 items (sanitation and safety management plan, menu management plan, service management plan, food cost per meal) in the future contract were significantly higher than those in the present contract (p＜.01, p＜.05, p＜.05, p＜.01). There were the significant differences between the private contract and competitive bid on the factors affecting the present contract in the 3 items, which were $\ulcorner$renewal plan for interior and environment$\lrcorner$, $\ulcorner$strategic alliance with the contractor$\lrcorner$, $\ulcorner$lobby of the foodservice company$\lrcorner$ (p＜.05, p＜.05, p＜.05). And on the factors affecting the future contract, there were significant differences in the 2 items, which were $\ulcorner$renewal plan for interior and environment$\lrcorner$and $\ulcorner$cost per meal$\lrcorner$in comparing the competitive bid and private contract (p＜.05, p＜.01). The clients perceived the appropriateness of foodservice operation plan was more important than the other categories in the future foodservice management contract. It was proposed that the foodservice management contract company should focus on the foodservice operation to satisfy the customers and clients in order to get more contract in the future.

• Journal of Nutrition and Health
• /
• v.36 no.2
• /
• pp.223-230
• /
• 2003

The purpose of this study was to evaluate the effects of HACCP implementation. The HACCP education was provided twice within one month to 20 employees of a contracted food service operation in Daegu. Critical control points (CCP) were determined based on food preparation processes: non-heating, preparation after heating, and heating. We evaluated the effects of HACCP implementation by checking microbiological quality, time and temperature at each of the CCPs during the receiving, preparation, cooking, and serving stages. After HACCP implementation, the biggest changes in microbiological qualities were in heated foods. At the cooking and serving stages, the microbiological qualities of heated foods improved to the standard levels. HACCP education helped employees ensure that the internal temperatures of the heated foods were kept higher than the standard (74 $^{\circ}C$) and the food holding temperature avoided the dangerous zone (5-6$0^{\circ}C$), thus lowering microbiological levels. At the serving stage, the microbiological levels of utensils also improved after HACCP education. This result strongly suggests that it is essential to educate employees in managing the temperature to treat foods safely. However, HACCP education didn't affect the microbiological levels of non-heated foods and foods prepared after heating, which continued to be higher than the standard. The reason for this was that poor microbiological quality seasonings were added to those types of foods. This indicates that seasoning factories as well as food service operations should implement HACCP to reduce hazards.

• Korean Security Journal
• /
• no.21
• /
• pp.177-199
• /
• 2009

In this study, I would try to observe the scopes and related matters of the authority of private security personnel based on the basic discussion about the identity of private security. Everybody knows, the problems of private personnel have been mainly discussed in the relations of the public police. Because the roles of private personnel are similar to the police, and in the perspective of the law, private security are regulated by the police. When we compared with the police, the scopes of authorities of private personnel are considered in several points. First, most private personnel are just only 'citizen', so they can exercise the authority as citizen. It can include self-defense, self-help. flagrante delicto arrest. But when discuss the authority in the scopes of a possessionary right or managemental right, the authority of private personnel can be extended somewhat. Moreover, when private personnel are delegated by the special laws, their authority are extended much more. Finally, when the whole authority are delegated by such as the privatization, private personnel authority can be nearly same to the police. But, it can be considered that the degrees of the delegated authority are flexible. And the exercise of the authority must be performed in the limit that not infringe the individual freedom and rights. It seems to me that the degrees of fairness in use of authorities and it's a permitted limit are set forth a premise not only the legitimate base but also judicial judgement. Therefore, the attitudes of the courts related the exercise of authority are very important. And the growth of private security and the extension of authority followed are inevitably accompany the various problems of responsibility, so it must be considered about that in many perspectives.

• Health Policy and Management
• /
• v.6 no.1
• /
• pp.163-190
• /
• 1996

본 논문은 미국 농촌병원의 경영전략과 관련하여 몇가지 가설을 검증한 연구결과이다. 구체적으로 1987년부터 1991년 사이의 미국 농촌병원들의 기본적 경영전략 지향 형태와 변화 추세, 경영전략과 환경 및 병원특성과의 관계, 그리고 경영전략과 재정적 성과의 관계 등이 연구되었다. 본 연구의 자료수집은 미국 농촌지역의 모든 종교병원과 영리병원, 그리고 무작위 표본추출로 뽑힌 50%의 공공병원 및 기타 비영리 병원의 최고경영자를 대상으로 1989년에 우편설문조사를 통해 이루어졌으며 회수된 설문지 중 사용가능한 640개 병원 (응답율 43%)의 자료가 분석 이용되었다. 조사대상병원의 환경적 특성자료는 지역자원 파일(Area Resource File)에서 수집하였고, 병원특성 및 재정적 성과자료는 미국병원협회 연감(Annual Survey of Hospitals)에서 구하였다. 응답병원과 비응답병원간에 환경 및 병원특성에 유의한 차이는 없는 것으로 나타났다. 본 연구에서는 Miles와 Snow가 개발한 방어형(defender), 분석형(analyzer), 진보형(prospector), 반응형(reactor)의 네가지 경영전략지향 형태를 사용하여 분석하였다. 본 연구의 결과를 요약하면 다음과 같다. 1) 미국 농촌 병원들은 과거에는 방어형 및 분석형의 경영전략 지향을 보이다가 점차 반응형과 진보형으로 변화해 가고 있다. 2) 가장 뚜렷한 경영전략 지향의 변화추세는 방어형이 급격히 줄고 반응형이 크게 늘어나고 있다는 점이다. 이는 많은 병원들이 급격한 환경변화에 적응하기 위해 일관된 전략 지향보다 융통성 있고 탈력적인 경영전략을 선호하고 있음을 나타낸다. 3) 농촌병원들은 경영전략의 급격한 변화를 추구하지는 않을 것이라는 가설을 뒷받침할 근거는 없는 것으로 나타났다. 이는 급격한 의료환경의 변화로 인해 병원들이 다양한 경영전략의 변화를 모새하고 있는 것으로 볼 수 있다. 4) 대부분의 외부환경 및 병원특성은 병원의 전략지향의 선택에 큰 영향을 미치지 않는 것으로 나타났으나 인구 10,000명당 의사수, 병상규모, 위탁경영 여부, 병상점유율, 소유형태 등의 변수들이 경영전략 지향 형태에 따라 유의한 차이가 있는 것으로 나타났다. 5) 경영전략 지향이 상이한 병원들은 세부 실천전략에 있어서도 치이가 있을 것이라는 가설을 일부 전략에 있어서 사실인 것으로 나타났다. 즉 방어형 병원들은 진보형이나 반응형 병원들보다 내부관리전략, 다양화 전략, 의사유치전략, 직원복지전략 등에 있어서 소극적인 것으로 나타났다. 6) 비록 방어형 병원들이 다른 형태의 병원보다 낮은 재정적 성과를 보이고 있었지만 본 연구의 자료로는 경영전략지향과 재정적 성과간의 인과관계를 구명할 수 없었다. 또한 재정적성과에 따른 전략지향의 변화여부도 통계적으로 유의한 관계가 있지는 않은 것으로 나타났다. 이는 각각의 전략지향들이 환경에 따라 나름대로 장점을 가질 수 있으며 반드시 어느 한가지의 전략지향만이 최선은 아님을 시사해주고 있다. 7) 병원의 경영전략 변화는 환경의 변화와 더블어 그러한 변화에 적응할 수 있는 내부의 능력과도 관계가 있는 것으로 보인다. 이상의 연구결과에 따르면 미국의 농촌병원들은 급격한 환경변화에 적응하기 위하여 다수의 병원들이 환경 및 벼원특성에 관계없이 생존을 위한 전략적 노력을 기울이고 있음을 알 수 있다. 끝으로 이러한 연구결과는 최근 어려운 경영환경에 처한 한국의 농촌병원들도 합리적인 경영을 위해서는 병원이 처한 외부환경분석과 함께 내부의 능력에 적합한 경영전략의 방향을 설정하고 그에 따른 실천적 세부 경영전략을 수립해야만 한다는 것을 시사해 주고 있다.

• Korean Security Journal
• /
• no.18
• /
• pp.143-167
• /
• 2009

As of entering the 21st century, a trend in the field of a private security industry among the advanced countries have been increased a qualification system and train session to meet the needs of professionalism. Intensifying the professionalism in Korea, education and train system has been initiated to change but the oligopoly market already formulated due to impractical selection standard and management of education system. Issuing certification and offering basic training through a designated institution for the purpose of improving quality of the private security industry worker, its practical effectiveness were lower than expectation. Rather certification-holder or security agency, institution or truster's rent-seeking behavior have been increased by occupational licensing system. The founded results, which were associated to problems in selecting and educating to the private security guard, in this study were that any verification has been initiated towards dual-system in official approval and structural problems in education system, and non-existence of verification for professionalism and management capability to security agency owner and its upper managerial level. Current a dual system in an officially authorized verification system and completion of security guard credential requested change to an unified official qualification verification system to solve those problems. Ranges of an applicant to the unified official qualification verification system should be extend to the whole population in the private security industry. Moreover, minimization of the dead-weigh loss, which is caused by oligopoly phenomenon while using its market-dominant status, increasement number of designated institution, which allows self-regulating competition, and endowment of autonomy, which is in selecting education and agency, were requested to solve the problems in selecting and educating to the private security guard. In order to minimize stated problems while maintaining objectiveness, a new manage and supervise institution, which is called a 'private security industry committee', should be establish. The private security industry committee is a formation of governance network which are participated from professional group to civil organization.

• Journal of the Korean Society for Railway
• /
• v.20 no.2
• /
• pp.275-287
• /
• 2017

During the feasibility study of new rail lines, maintenance cost of railway infrastructure has mostly been estimated based on the track length and on simplified parameters; however, the estimation reliability can be improved by employing the correction factor from UIC 715, as well as the line classification in UIC 714. The correlations between maintenance cost and various parameters such as weighted track length based on line classification, radius of curvature, gradient and worn -out rate have been analyzed according to the case studies. Prediction of the maintenance cost has been carried out using the cost data, which were representative of the whole cost data; as a result, it was demonstrated that a cost model based on the line classification and the correction factor was more reliable than the existing models. Furthermore, possibilities of using data from both the track measurement vehicle and from the maintenance information system, which are under development, have been investigated and, based on this investigation, a combined cost model using line classification, radius of curvature, gradient and worn-out rate, among other factors, will be proposed in the near future.

• Journal of the Korean Dietetic Association
• /
• v.10 no.4
• /
• pp.467-475
• /
• 2004

The purposes of this exploratory study were to a) verify the first image remember percentage about foodservice and the desire to eat, b) identify detail attributes on the 'food taste' and 'menu variety', the most important problem of the foodservice, c) decide the ranking for improvement of the identified detail attributes, and d) applicate from customer feedback to foodservice operation in the B&I(business & industry) foodservice. For the more reliable result, customer opinion was collected by qualitative research methodology, such as open-ended questionnaire and in-depth interview. The result was followed as : the firstly, the operation circumstance was total 6,700 meal number a day through in-depth interview and 3 types of meal was served. The secondly, the average usage a week was the 7.4 times(B foodservice(B1F)) and the 1.8 times(A foodservice(3F)), respectively. Using reasons of foodservice were 'broad extent', 'menu type', 'shifting convenience' and etc on B foodservice(B1F) and 'menu type', 'clean space' and etc on A foodservice(3F), but the disadvantages of both foodservice were 'complication on peak time', 'the decline of food taste', and 'the absence of menu variety'. 'The decline of food taste' and 'the absence of menu variety' were pointed out the problem asked immediate improvement. The thirdly, it was examined that the first remember about foodservice were 'menu type' and 'foodservice environment' on A foodservice(3F) and 'foodservice environment(atmosphere)' on B foodservice(B1F). The last result, the detail attributes about food taste were ranked respectively 'a salt taste', 'balance of 5 taste at a meal', 'taste of food characteristic' and the unsatisfaction attributes about menu variety were ranked respectively 'serving frequently a same menu', 'the absence of various taste', 'using frequently a same cooking preparation'.

• Journal of Veterinary Clinics
• /
• v.27 no.1
• /
• pp.35-41
• /
• 2010

Among the dogs boarding at an animal hospital, 10 dogs each were selected as a free boarding group and a kennel boarding group. Each group was further divided into 5 puppies and 5 mature dogs to examine the changes in their serum cortisol concentrations during boarding (5 days). We collected blood at day 8 and then analyzed the blood corpuscles, ran a biochemical serum test, and an additional urine test before boarding to check their health status. After collecting the dog's blood at 9:00 am, 3:00 pm, and 9:00 pm, we analyzed the cortisol concentration by the radioimmunoassay (RIA) method. The daily serum cortisol concentration at 9:00 am, 3:00 pm, and 9:00 pm, had a circadian rhythm during both the free and kennel boarding periods in both puppies and adults. Furthermore, the average daily serum cortisol concentration was significantly increased during the 1st, 2nd, and 3rd day after free boarding in the puppy group (P < 0.01). In adults from the free boarding group, the serum cortisol concentration dramatically increased on the 1st day (P < 0.01), as well as on the 2nd and 3rd day (P < 0.05). Interestingly, the average daily serum cortisol concentration was significantly increased on the 1st day after kennel boarding as well as during the entire period of kennel boarding in the puppy group (P < 0.05). In the adult kennel boarding group, serum cortisol concentration was significantly increased during the whole kennel boarding period (P < 0.01). An interesting result was that circadian rhythmicity in the sum of the daily serum cortisol concentrations was present in the free boarding group, but not in the kennel boarding group in both puppies and adults. In summary, cortisol was released depending on the degree of stress in free and kennel boarded dogs. Taken together, these results suggest that cortisol, a stress hormone, should be maintained at physiological concentrations in a circadian rhythm when the animals are hospitalized.

• Journal of the Korean Dietetic Association
• /
• v.9 no.2
• /
• pp.128-137
• /
• 2003

The purposes of this study were to investigate the current status of contracted hospital food services and to find out the difference in accordance with the number of beds in hospitals. Thirty six hospitals having more than 100beds in Seoul, Inchon and Kyungkido were the subjects of this study. Data was collected through surveys. The survey was conducted during March and April in 2002. The Questionnaires were mailed to the 36 directors of dietetic departments of the hospitals and 36 managers of contracting patient food services. Statistical analysis was completed using SPSS Win(11.0) for descriptive analysis and t-test. The results of the study are summerized as follows; Ⅰ. Hospital perspective : The range covered by contract food service was 63.3% and 36.7% in hospital food services, and medical nutrition services. The patient and employee food services were in 83.3%, and patient food services were in 6.7%. The methods selecting contractors are general, limited, selected and competitive biddings, and private contracts. The responsibility for supervision of contract food services was the dietetic department (51.7%) in most cases. Hospitals having personnel responsible for contracting affairs were in 75.9% of the cases and 24.1% did not have personnel. The biggest reason for contracting was facilitation of personnel management. The most important criteria on selecting food services contractors was the professionality of the contractor. Ⅱ. Contractor's perspective : The cost per meal in the year 2001 was composed of 1,905 won for food cost, 1,081 won for labor cost, 222 won for expenses, 114 won for VAT, 14 won for rent and 146 won for miscellaneous or controllable expense, representing 109 won loss per meal. The profit-and-loss contract cost is higher than the fee-contract cost. The ratios of food cost, labor cost and expenses are higher and the ratios of miscellaneous or controllable expense, VAT, rent and profit are lower in hospitals with more than 400 beds compared with those less than 400 beds. However, no significant differences are present between these two groups of hospitals. The actual contract period was 2.2 years upon initial contract and 1.2 years upon renewal. The initial investment cost was 53 million won and the cost of renovation and repair was 8.5 million won. Significant differences were present between two groups of hospitals. The conditions of employment and number of personnel hired by contractors for contract patient food services were significantly different according to the number of beds.