• Title/Summary/Keyword: 인과적 책임

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The Effect of Corporate Green Marketing on Consumer Word of Mouth Intention (기업의 그린마케팅이 소비자 구전의도에 미치는 영향)

  • Park, Ji-Ho;Park, Hyeon-Suk
    • Industry Promotion Research
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    • v.7 no.3
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    • pp.9-16
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    • 2022
  • In the midst of increasing interest in the environmental responsibility of companies, this study investigates how eco-friendly activities affect the creation of management performance. To this end, the effect of companies' green marketing on consumers' word-of-mouth intention, the mediating effect of brand reliability, and the moderating effect of consumers' pro-environmental behavior were verified. The results of the collected data analysis are as follows. First, companies' green marketing has a positive (+) effect on consumers' word-of-mouth intention. Second, brand reliability takes a positive (+) mediating role in the relationship between companies' green marketing and consumers' word-of-mouth intention. Third, consumers' pro-environment behavior has a moderating role between Brand Reliability and their word-of-mouth intention. Therefore, companies' eco-friendly strategies and their implementation will help enhance both brand reliability and consumers' word-of-mouth intention. By revealing the effect of companies' eco-friendly strategies and their implementation on brand reliability and consumers' word-of-mouth intention it is meaningful to analyze the relationship between green marketing and the possibility of consumers' spontaneous word-of-mouth intention. The results suggest to companies that it is necessary to establish an eco-friendly marketing strategy for sustainable growth.

Die Fahrlässigkeit im medizinischen Behandlungsfehler (의료사고에 있어서 과실 - 과실판단에 대한 판례의 태도를 중심으로-)

  • Yi, Jaekyeong
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.29-56
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    • 2016
  • $F{\ddot{u}}r$ den Schadensersatzhaftung des Arztes, sog. die Arzthaftung, ist es vornehmlich vorauszusetzen: die $Sch{\ddot{a}}digungsbehandlung$ des Arztes, die Rechtswidrigkeit und das Verschulden. Zur Problematik der $Fahrl{\ddot{a}}ssigkeit$ in der Stufe des Verschuldens handelt sich es in dieser Beitrag um die Kritisierung der Rechtsprechung. $F{\ddot{u}}r$ die Entscheidung des Verschulden im medizinischen Fehler kommt es darauf an, ob die Sorgfaltspflicht des Arztes verletzt wird. $Daf{\ddot{u}}r$ wird der medizinische Standard rekurriert, den die Rechtsprechung nicht aus materieller, sondern aus normativer Sicht begreift. Erstaunlich $un{\ddot{u}}bereinstimmend$ mit deren Leitsatz wird der medizinische Standard als $Ma{\ss}stab$ der Sorgfaltspflicht materiell - zutreffend nur im Ergebnis - behandelt. Die Sorgfaltspflicht in der Medizin bedeutet nicht die natur-wissenschaftliche Erkenntnisse, sondern eine "Best-$M{\ddot{u}}ssen$" Pflicht. Demnach ist der Standpunkt der Rechtsprechung, wonach den med. Standard normativ bewertet und die Sorgfaltspflicht darduch wieder normativ entscheidet, nicht anders als eine $w{\ddot{o}}rtliche$ Wiederholung. Die Arzthaftung in der Rechtsprechung ist aufgrund mit der Verneinung von der Sorgfaltspflichtverletzung nicht angenommen, welche in der Tat jedoch aus verschiedenen $Gr{\ddot{u}}nden$, wie die Rechtswidrigkeit, die $Fahrl{\ddot{a}}ssigkeit$ oder $Kausalit{\ddot{a}}t$, nicht angenommen. Der $Fahrl{\ddot{a}}ssigkeitsbeweis$ in der Rechtsprechung entwickelt sich mit dem Beweis nach objektivem $Ma{\ss}stab$, der Vermutung nach Anschein-Beweis und der $Beschr{\ddot{a}}nkung$ mit der Wahrscheinlichkeit. Bei Letzterem $geh{\ddot{o}}rt$ es $schlie{\ss}lich$ zum medizinischen Bereich. Ein Eintritt in den fachliche Bereich im Rahmen der Beweislast stellt der Beweiserleichterung $gegen{\ddot{u}}ber$. Aus diesem Hintergrund ist ${\S}630$ h Abs. 5 BGB bemerkenswert, wonach das Vorliegen eines groben Behandlungsfehler $regelm{\ddot{a}}{\ss}ig$ zur Vermutung von der $Kausalit{\ddot{a}}tszusammenhang$ $f{\ddot{u}}hrt$. Dieser Paragraph ist inhaltlich als Beweislastumkehr angesehen. Damit ist es von Nutzen im Fall des groben Fehler, der beim - elementaren - kunstgerechten Verhalten nicht entstanden $h{\ddot{a}}tte$, wie $Hygienem{\ddot{a}}ngel$, ${\ddot{U}}berdosierung$ des Narkotikum.

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Recent Trends in Compensation for Mental Anguish of Airline Passengers (항공여객의 정신적 손해배상에 관한 최근 동향 - 미국 연방법원 판례를 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.33-62
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    • 2020
  • The current air transportation industry is facing a lot of changes not only in the quantitative growth of the market, but also in the legal aspects. For many years, the Warsaw Convention has contributed to the uniform discipline of civil carriers' legal liabilities arising from international aviation accident and has fulfilled the duties of legal guardians for the development of the air transport industry. In the process, however, the consumer interests of the air transport industry did not have much protection compared to other industries. In response, the Montreal Convention has effected for protecting the interests of aviation consumers, and there are numerous legal changes around the world to protect aviation consumers like passengers. The mental damages of airline passengers arising from the accident can also be understood as part of the protection of air consumers. Considering that the US Federal Court has dealt with the recognition of mental damages for air passengers since the early 1990s. However, Korean judicial precedent still excludes mental anguishes from the scope of damage compensation. From this point of view, it is considered academically meaningful to analyze the latest case of the US federal court. Recently, the United States Court of Appeal for the Sixth Circuit in Doe v Etihad Airways applied a different interpretation against the traditional opinion: passengers could not recover for mental distress unless that mental distress resulted from a bodily injury sustained in an airplane accident. The background of the court's conclusions can be explained in many ways, among other things, unlike the Warsaw Convention the new international rule, Montreal Convention is recognizing the importance of ensuring protection of the interests of consumers in international carriage by air and the need for equitable compensation based on the principle of restitution.

On the Novel Concept of "Accident" in the 1999 Montreal Convention -GN v. ZU, CJEU, 2019. 12. 19., C-532/18- (1999년 몬트리올 협약상 "사고"의 새로운 개념에 대한 고찰 - GN v. ZU, CJEU, 2019.12.19., C-532/18 -)

  • An, Ju-Yun
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.3-40
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    • 2020
  • The term "accident" in the Warsaw Convention of 1929 and the Montreal Convention of 1999, which govern carrier liability in international air transport, is an important criterion for determining carrier liability. However, because there is no explicit definition of the term in the treaty provisions, the term is largely subjected to the judgment and interpretation of the courts. Although there have been numerous changes in purpose and circumstance in the transition from the Warsaw regime to the conclusion of the Montreal Convention, there was no discussion on the concept of "accident" therefore, even after the adoption of the Montreal Convention, there is no doubt that the term is to be interpreted in the same manner as before. On this point, the United States Supreme Court's Air France v. Saks clarified the concept of "accident" and is still cited as an important precedent. Recently, the CJEU, in GN v. ZU, presented a new concept of "accident" introduced in the Montreal Convention: that "reference must be made to the ordinary meaning" in interpreting "accident" and that the term "covers all situations occurring on aboard an aircraft." Furthermore, the CJEU ruled that the term does not include the applicability of "hazards typically associated with aviation," which was controversial in previous cases. Such an interpretation can be reasonably seen as the court's expansion of the concept of "accident," with a focus on "protecting consumer interests," a core tenet of both the Montreal convention and the European Union Regulations(EC: No 889/2002). The CJEU's independent interpretation of "accident" is a departure from the Warsaw Convention and the Saks case, with their focus on "carrier protection," and instead focuses on the "passenger protection" standard of the Montreal Convention. Consequently, this expands both the court's discretion and the carrier's risk management liability. Such an interpretation by the CJEU can be said to be in line with the purpose of the Montreal Convention in terms of "passenger protection." However, there are problems to be considered in tandem with an expanded interpretation of "accident." First, there may be controversy concerning "balance" in that it focused on "passenger protection" in relation to the "equitable balance of interests" between air carriers and passengers, which is the basic purpose of the agreement. Second, huge losses are expected as many airlines fly to countries within the European Union. Third, there is now a gap in the interpretation of "accident" in Europe and the United States, which raises a question on the "unity of rules," another basic tenet of the Convention. Fourth, this interpretation of "accident" by the CJEU raises questions regarding its scope of application, as it only refers to the "hazards typically associated with aviation" and "situations occurring aboard an aircraft." In this case, the CJEU newly proposed a novel criterion for the interpretation of "accident" under the Montreal Convention. As this presents food for thought on the interpretation of "accident," it is necessary to pay close attention to any changes in court rulings in the future. In addition, it suggests that active measures be taken for passenger safety by recognizing air carriers' unlimited liability and conducting systematic reforms.

A Legal Study on liability for damages cause of the air carrier : With an emphasis upon liability of passenger (항공운송인의 손해배상책임 원인에 관한 법적 고찰 - 여객 손해배상책임을 중심으로 -)

  • So, Jae-Seon;Lee, Chang-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.3-35
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    • 2013
  • Air transport today is a means of transport that is optimized for exchanges between nations. Around the world, has experienced an increase in operating and the number of airline route expansion that has entered into the international aviation agreements in order to take advantage of the air transport efficient, but the possibility of the occurrence of air transport accidents increased. When compared to the accident of other means of transport, development of air transport accidents, not high, but it leads to catastrophe aviation accident occurs. Air Transport accident many international transportation accident than domestic transportation accident, in the event of an accident, the analysis of the legal responsibility of the shipper or the like is necessary or passenger air carrier. Judgment of the legal order of discipline of air transport accident is a classification of the type of air transport agreement. Depending on the object, air transport agreements are classified into the contract of carriage of aviation of the air passenger transportation contract. For casualties occurs, air passenger transportation accident is a need more discussion of legal discipline for this particular. Korean Commercial Code, it is possible to reflect in accordance with the actual situation of South Korea the contents of the treaty, which is utilized worldwide in international air transport, even on the system, to control land, sea, air transport and welcoming to international standards. However, Korean Commercial Code, the problem of the Montreal Convention has occurred as it is primarily reflecting the Montreal Convention. As a cause of liability for damages, under the Commercial Code of Korea and the contents of the treaty precedent is reflected, the concept of accident is necessary definition of the exact concept for damages of passengers in particular. Cause of personal injury or death of passengers, in the event of an accident to the "working for the elevation" or "aircraft" on, the Montreal Convention is the mother method of Korea Commercial Code, liability for damages of air carrier defines. The Montreal Convention such, continue to be a matter of debate so far in connection with the scope of "working for the lifting of" the concepts defined in the same way from Warsaw Convention "accident". In addition, it is discussed and put to see if you can be included mental damage passenger suffered in air transport in the "personal injury" in the damage of the passenger is in the range of damages. If the operation of aircraft, injury accident, in certain circumstances, compensation for mental damage is possible, in the same way as serious injury, mental damage caused by aviation accidents not be able to live a normal life for the victim it is damage to make. So it is necessary to interpret and what is included in the injury to the body in Korea Commercial Code and related conventions, non-economic damage of passengers, clearly demonstrated from the point of view of prevention of abuse of litigation and reasonable protection of air carrier it must compensate only psychological damage that can be. Since the compensation of delay damages, Warsaw Convention, the Montreal Convention, Korea Commercial Code, there are provisions of the liability of the air carrier due to the delayed arrival of passenger and baggage, but you do not have a reference to delayed arrival, the concept of delay arrangement is necessary. The strict interpretation of the concept of delayed arrival, because it may interfere with safe operation of the air carrier, within the time agreed to the airport of arrival that is described in the aviation contract of carriage of passenger baggage, or, these agreements I think the absence is to be defined as when it is possible to consider this situation, requests the carrier in good faith is not Indian or arrive within a reasonable time is correct. The loss of passenger, according to the international passenger Conditions of Carriage of Korean Air, in addition to the cases prescribed by law and other treaties, loss of airline contracts, resulting in passengers from a service that Korean Air and air transport in question do damage was is, that the fact that Korean Air does not bear the responsibility as a general rule, that was caused by the negligence or intentional negligence of Korean Air is proof, negligence of passengers of the damage has not been interposed bear responsibility only when it is found. It is a clause in the case of damage that is not mandated by law or treaty, and responsible only if the negligence of the airline side has been demonstrated, but of the term negligence "for" intentional or negligent "Korean Air's Terms" I considered judgment of compatibility is required, and that gross negligence is appropriate. The "Korean Air international passenger Conditions of Carriage", airlines about the damage such as electronic equipment that is included in the checked baggage of passengers does not bear the responsibility, but the loss of baggage, international to arrive or depart the U.S. it is not the case of transportation. Therefore, it is intended to discriminate unfairly passengers of international flights arriving or departure to another country passengers of international flights arriving or departure, the United States, airlines will bear the responsibility for the goods in the same way as the contents of the treaty it should be revised in the direction.

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A study for Factors Affecting of Information Systems Audit Quality (정보시스템 감리서비스 품질에 영향을 미치는 요인 연구)

  • Jeon, Soon-Cheon;Choi, Sang-Kyoon
    • Journal of Advanced Navigation Technology
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    • v.16 no.6
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    • pp.1080-1091
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    • 2012
  • Information system for audit target that was done in the past business unit system presided over the development process for an integrated information system in three steps further from the audit step 2 step-by-doing, for in the presiding quality party check for the information systems audit requirements of social responsibility is growing. Therefore, efforts are needed for research on factors affecting the quality of the audit and audit improve the quality in order to improve the quality of the Methodist This study, the general auditor competence and supervision, empowerment and the causal relationship between the quality of service, presided over by a model that can be analyzed in the field to develop and take advantage of the auditor's general theory of leadership was developed from existing research capabilities identification and analysis on a supervisor's empowerment survey conducted for the auditor to perform Methodist, its contents and using the LISREL structural equation methods were empirically tested.

A Qualitative Content Analysis on the Ablenews Reports on Personal Assistance Service Conflicts (장애인활동보조서비스 갈등에 관한 에이블뉴스 보도 내용분석)

  • Kim, Moon-geun
    • Korean Journal of Social Welfare Studies
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    • v.45 no.3
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    • pp.97-125
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    • 2014
  • The purpose of this study was to investigate the contributions and limitations of an independent internet newspaper dedicated to disability affairs. The materials analysed in this study were articles on personal assistance service conflicts between users and assistants by Ablenews. This study used inductive content analysis, responsibility frame analysis, and disability paradigm analysis. First, in general Ablenews appeared to report personal assistance service conflicts as they were. Second, the results showed that Ablenews tended to attribute the causes and solutions of the conflicts to the users and assistants. Third, nearly half of content units of Ablenews articles conveyed the perspective of rehabilitation paradigm though personal assisstanc services are closely related to independent living model. Based on the results this study suggested that Ablenews needs to improve specialty in reports on disability affairs using editorial staff, professional reporters, guests reporters with specialties.

The Effects of Consumer's Corporate Association on Self-image Congruence, and Satisfaction in Food Company: Moderating Role of Consumer's Trust (식품기업에 대한 소비자의 기업연상이 자아이미지 일치성 및 만족도에 미치는 영향 : 신뢰의 조절효과를 중심으로)

  • Jung, Hyo Sun;Hwang, Yu Hyun;Yoon, Hye Hyun
    • Culinary science and hospitality research
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    • v.21 no.5
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    • pp.1-13
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    • 2015
  • The purpose of this study is to investigate the moderating effects of consumer's trust on the relationships among consumer's corporate association, self image congruence and satisfaction in the food companies. The survey was administerd to 215 consumers living for Seoul in Korea. The results indicated that the proposed model fit to the data well(${\chi}^2$(df=113)=221.565, GFI=.889, CFI=.960, RMSEA=067). The finding showed that consumer's corporate ability(${\beta}=.323$) and corporate social responsibility(${\beta}=.454$) among corporate association have a significantly positive effect on their self image congruence and self image congruence significantly positive effect on consumer satisfaction(${\beta}=.339$). In addition, consumer's corporate ability was significantly positive effect on their satisfaction(${\beta}=.373$). Also, this study found moderating effects of consumer's trust on the relationship between corporate association and consumer satisfaction, the results indicated that significant relationships varied to consumer's trust level. Limitations and future research directions are also discussed.

Liability for Damages Due to Violation of Supervisory Duty by the Legal Guardian of the Mental Patient (정신질환자 보호의무자의 감독의무 위반으로 인한 손해배상책임 -대법원 2021. 7. 29. 선고 2018다228486 판결의 검토-)

  • Dayoung Jeong
    • The Korean Society of Law and Medicine
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    • v.23 no.4
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    • pp.133-170
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    • 2022
  • Supreme Court 2018Da228486, on July 29, 2021, ruled Article 750 of the Civil Act as the basis for liability for damages due to the violation of the supervisory duty of the responsible mental patient. This judgment recognizes that the legal guardian is liable for tort due to neglect of the responsibility of supervision under Article 750 of the Civil Act because the duty of protection bears the duty of supervision over the mental patient under the law. However, unlike the case of Article 755 Paragraph 1, which explicitly requires a legal obligation to supervise, Article 750 only stipulates general tort liability. Thus, to admit tort liability under Article 750, it is not necessary that the basis of the supervisory duty by the law. In this case, the supervisory duty may also be acknowledged according to customary law or sound reasoning. The duty of supervision of a legal guardian is not a general duty to prevent all consequences of the behavior of a mental patient but a duty within a reasonably limited scope. Therefore, the responsibility of the burden of care should be acknowledged only when the objective circumstances in which it is appropriate to hold the legal guardian for the acts of the mental patient are admitted. Under the Act on the improvement of mental health and the support for welfare services for mental patients, a legal guardian cannot even be granted the supervisory duty to prevent the mental patient from harming others.

Effects of the Job Characteristics of Tax Officials on Empowerment and Organizational Effectiveness (세무공무원의 직무특성이 임파워먼트와 조직유효성에 미치는 영향)

  • Park, Jun-Cheul;Hong, Soon-Bok
    • The Journal of the Korea Contents Association
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    • v.11 no.12
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    • pp.258-265
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    • 2011
  • The purpose of the study is to find out the causal relationship between the job characteristics of tax officials and empowerment and organizational effectiveness. The subjects were the tax officials from regional tax offices and tax offices in Busan and South Gyeongsang Province selected by convenience sampling and 350 questionnaires were analyzed. The study results showed that their job importance and job autonomy had positive effects on empowerment and the higher the empowerment was, the higher organizational effectiveness was, and the higher their job satisfaction was, the higher their organizational commitment was. The results reflected the job characteristics of the administrative tasks of tax organizations. Therefore, the tax officials should be empowered by encouraging their willing participation and creativity and vesting authority and responsibility in them and should be motivated to achieve higher organizational performance through their job satisfaction and organizational commitment.