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The Strategic Approach to FTA Governmental Negotiation Method between China (중국과의 FTA 협상방식을 위한 전략적 접근)

  • Na, Seung-Hwa
    • The Journal of Industrial Distribution & Business
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    • v.1 no.1
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    • pp.13-21
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    • 2010
  • Since Korea establish diplomatic ties with China in 1992, korea and China have had rapid progress in most of field as politic, economy, society and culture through basing on cultural commonality and geographical adjacency. Especially, China is the biggest trading partner to korea, and also Korea is third-biggest trading country to China. They become strategic cooperating relation in 2008. Currently, in terms of international trade relation, WTO/DDA negotiation is proceeding in difficulty, but FTA has been growing and extending in the world, and the two country, china and korea, have been competitively trying wide and active FTA negotiation promotion. After Financial crisis in 1997, according to the requirement of local economic cooperation, China has shown the interest to several countries since the conclusion of FTA treaty with ASEAN in 2005. China also makes the active afford to conclude FTA with Korea. Last May 28th, this was mentioned in the meeting between president Lee and Premier Wen Jiabao, so it is anticipated that the negotiation for FTA will be started in the near future. There are many political suggestions and concerns in terms of way of negotiation korea would choose. Some economist said that "'Continuous FTA aimed at long-term protocol should be promoted between korea and China and negotiated includingly'" However, this research claims that commodity exchange, service, and investment areas should be included and it has to be comprehensive package settlement style in negotiation. This research has found out the characteristics of China's negotiation and implications through the China's existed FTA negotiation examples. Currently, China has taken Continuous or a phase-negotiation method to ASEAN, Pakistan, Chile and some other developing country and to advanced countries like New Zealand or Singapore, comprehensive package settlement method is used in FTA negotiation. In consider of the FTA negotiation between Korea and China, Korea has some problems in the commodity change area in agriculture maket's opening. While, for china, the issues would happen in service trade area, especially when encountering finance and communication industries are opened, China's economy could be exposed to some risk. In result, Korea should expand its negotiation range from commodity trade to service trade, in order to exchange both issues, then the negotiation will be concluded more easily. In other word, for FTA, korea should follow comprehensive package settlement way that is similar to New zealand and Singapore case. Through this kind of method, Korea can expect effect of creating trade, conversion of it and preoccupancy of service field in china's market against the advanced countries like Usa, Europe and Japan. Also, to have a successful FTA negotiation, korea should find out china's policy for FTA negotiation. With this information, korea will be able to suggest the way to make a profit. Systematic analysis and comparison about previous negotiation cases of china are needed before the negotiation begin.

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Surgical Treatment of Pulmonary Atresia with Intact Ventricular Septum -Effect of the size of tricuspid valve annulus on the surgical outcome- (영아기에 발견된 심실중격이 온전한 폐동맥 폐쇄증의 외과적 수술요법 술전 삼첨판륜 크기 가 수술 결과에 미치는 영향)

  • 이정렬;윤태진
    • Journal of Chest Surgery
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    • v.29 no.10
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    • pp.1081-1089
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    • 1996
  • Pulmonary atresia with intact ventricular septum has continued to have a high surgical mortality and morbidity. This mAy attribute to the non-uniformity of the anomaly. We reviewed a total of 34 infants with pulmonary atresla and intact ventricular septum managed in this hospital between 1987 and 1995. Mean age and body weight were 57.2 (range, 3-208) days and 4.1 (range, B.3∼6.8) kg. The preoperative Z-value of the diameter of the tricuspid valve was less than -2 in 85.2% of patients and less than -4 in 33. 3% . It is well correlated w th right ventricular cavity size (n=27. r10.68, p< 0.05). Coronary artery-right ventricular fistulas were identified in 3 patients, and right ventricular dependency was suspected in 1 Over All hospital mortality was 23.5%(8/34), although it decreased to 16.6%(4124) in 1990s. Subsequent procedures were performed in 6 patients between 3 days and 58 months after Initial palliation : one bidirectional cavopulmonary shunt and 1 Fontan operation after systemic-pulmonary shunt, 3 transannular patch + atrial septal defect closure and 1 additional systemic-pulmonary shunt after polmonary valvectomy or valvotomy. Changes of Z-values of the diameter of tricuspid valve have been followed up in 11 patients between 1 and 66 months postoperatively. Z-values were increased In 5 out of 8 transannular right ventriculAr outflow tract enlargement group and in 1 out of 3 pulmonary valvectomy or valvotomy group. Our data suggest that tailoring a treatment to right ventricular cavity size and coronary anom lies may improve the surgical outcome. A Z-value of the tricuspid valve diameter could be used.

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Product Liability and Causation in Criminal Law (형법상 제조물책임과 인과관계의 확정)

  • Lee, Seok-Bae
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.3-28
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    • 2016
  • While product liability has been settled as a technical term in civil law, criminal law does not commonly accept technical term for it. Not like civil law, product liability in criminal law point outs individual responsibility and disability of normative order. Meaning that causation between individual's action of violation of duty and the result of danger of legal interest or infringement of legal interest must be proved. In criminal law excluding "non-result-constituted crimes (Unternehmensdelikt)", charge of injuring, accidental infliction of injury, homicide or involuntary manslaughter is problematic in product liability. Of course, it is necessary to distinguish whether the action related to the outcome is act or ommission. Also the causal relationship between the action and the result must be proved, and the intention or negligence should be recognized. In this paper, it analyzes cases that were problematic in Korea, Germany, Spain, etc. Mainly focusing on the problems revealed in the determination of causal relationship, especially recognizing criminal liability related to products. Furthermore it is followed by the view of reviewing the cause-and-effect relationship by 2 steps, dividing natural scientific causation and the normative causal relationship. In this process, to acknowledge criminal product liability in accordance with recognizing cause-and-effect relationship, there should be general risk of specific substance causing the outcome. This only premise can be meaningful to examine the casual relationship from specific cases. As it shows in some cases and theories, it is not contradicting general law of cause and effect by determining specific causal relationship by free evaluation of evidence if a general causal relationship does not exist. Also since judge's testimony does not hold a dominant position from rule of thumb, it is possible to recognize specific causal relationship. However this paper takes position that if there is no objective and reasonably undeniable cause and effect law. If there is no objective and reasonably undeniable causal law, which is the premise for recognizing concrete causal relations, judge should sentence guilty according to "in dubio pro reo" principle. In addition, it is not allowed for the defendant to burden unproven fact by free evaluation of evidence which has an effect of shift of burden of proof.

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The Outcome of the 6th ICAO Worldwide Air Transport Conference and Fair Competition Policy in International Air Transport (국제항공운송의 최근 동향과 항공운송의 공정경쟁정책 -ICAO 제6차 세계항공운송회의 결과를 중심으로-)

  • Shin, Dong-Chun
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.1
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    • pp.97-114
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    • 2013
  • The 6th Worldwide Air Transport Conference was held in Montreal in March 2013 under the auspices of ICAO. This conference, which has been held every ten years, is dealing with virtually every issue of international air transport, and aiming at updating ICAO policy in order to ensure long-term growth of international civil aviation. Last conference which took place in 2003 focused on the liberalization of air transport, and the 6th conference shifted its focus from whether to push for liberalization, to how to implement it. The main agenda items for the 6th conference was liberalization, safeguards, ownership, fair competition, airports and air navigation facilities, charges, and ICAO policy. The liberalization, and in particular progressive liberalization has been a main theme over the past decades. In the process leading to liberalization, there needs to be the expansion of market access, easing regulation on ownership and control of airlines. Furthermore, the provision of enough infrastructure such as airport and air navigation facilities may be contributing factor to remove impediments to liberalization. However, out of concern as for undermining interests of consumer and the weak, when liberalization is proceeding in a sudden and radical manner, there should be safeguards so as to ensure market participation by developing countries, consumer protection, and economical and transparent decision on taxes and charges. Fair competition which differs from promoting competition in the market, is a policy in order to protect the weak players and consumers from monopoly and oligopoly. The Korean delegation submitted 3 WPs (WP/85, 86 and 87) and 1 IP, and presented WPs, at the conference, which were a lot compared with previous occasions. A paradigm shift was emphasized to expedite the process of liberalization at the 6th conference. The reality is that with many previous recommendations to stress the importance of liberalization, and to urge States to change their attitudes, the pace of the liberalization has been very slow and staggering. The liberalization of air transport will contribute to the growth of air transport and related industry, to create new employment, promoting tourism and regional development, and further to facilitating mutual understanding and exchange, which will also lead to making a barrier-free world. In this context, it is expected that the next conference will also evaluate the on-going process of liberalization.

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A Study on the Effects of BIM Adoption and Methods of Implementationin Landscape Architecture through an Analysis of Overseas Cases (해외사례 분석을 통한 조경분야에서의 BIM 도입효과 및 실행방법에 관한 연구)

  • Kim, Bok-Young;Son, Yong-Hoon
    • Journal of the Korean Institute of Landscape Architecture
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    • v.45 no.1
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    • pp.52-62
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    • 2017
  • Overseas landscape practices have already benefited from the awareness of BIM while landscape-related organizations are encouraging its use and the number of landscape projects using BIM is increasing. However, since BIM has not yet been introduced in the domestic field, this study investigated and analyzed overseas landscape projects and discussed the positive effects and implementation of BIM. For this purpose, landscape projects were selected to show three effects of BIM: improvement of design work efficiency, building of a platform for cooperation, and performance of topography design. These three projects were analyzed across four aspects of implementation methods: landscape information, 3D modeling, interoperability, and visualization uses of BIM. First, in terms of landscape information, a variety of building information was constructed in the form of 3D libraries or 2D CAD format from detailed landscape elements to infrastructure. Second, for 3D modeling, a landscape space including simple terrain and trees was modeled with Revit while elaborate and complex terrain was modeled with Maya, a professional 3D modeling tool. One integrated model was produced by periodically exchanging, reviewing, and finally combining each model from interdisciplinary fields. Third, interoperability of data from different fields was achieved through the unification of file formats, conversion of differing formats, or compliance with information standards. Lastly, visualized 3D models helped coordination among project partners, approval of design, and promotion through public media. Reviewing of the case studies shows that BIM functions as a process to improve work efficiency and interdisciplinary collaboration, rather than simply as a design tool. It has also verified that landscape architects could play an important role in integrated projects using BIM. Just as the introduction of BIM into the architecture, engineering and construction industries saw great benefits and opportunities, BIM should also be introduced to landscape architecture.

An Analysis of the Dynamics between Media Coverage and Stock Market on Digital New Deal Policy: Focusing on Companies Related to the Fourth Industrial Revolution (디지털 뉴딜 정책에 대한 언론 보도량과 주식 시장의 동태적 관계 분석: 4차산업혁명 관련 기업을 중심으로)

  • Sohn, Kwonsang;Kwon, Ohbyung
    • The Journal of Society for e-Business Studies
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    • v.26 no.3
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    • pp.33-53
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    • 2021
  • In the crossroads of social change caused by the spread of the Fourth Industrial Revolution and the prolonged COVID-19, the Korean government announced the Digital New Deal policy on July 14, 2020. The Digital New Deal policy's primary goal is to create new businesses by accelerating digital transformation in the public sector and industries around data, networks, and artificial intelligence technologies. However, in a rapidly changing social environment, information asymmetry of the future benefits of technology can cause differences in the public's ability to analyze the direction and effectiveness of policies, resulting in uncertainty about the practical effects of policies. On the other hand, the media leads the formation of discourse through communicators' role to disseminate government policies to the public and provides knowledge about specific issues through the news. In other words, as the media coverage of a particular policy increases, the issue concentration increases, which also affects public decision-making. Therefore, the purpose of this study is to verify the dynamic relationship between the media coverage and the stock market on the Korean government's digital New Deal policy using Granger causality, impulse response functions, and variance decomposition analysis. To this end, the daily stock turnover ratio, daily price-earnings ratio, and EWMA volatility of digital technology-based companies related to the digital new deal policy among KOSDAQ listed companies were set as variables. As a result, keyword search volume, daily stock turnover ratio, EWMA volatility have a bi-directional Granger causal relationship with media coverage. And an increase in media coverage has a high impact on keyword search volume on digital new deal policies. Also, the impulse response analysis on media coverage showed a sharp drop in EWMA volatility. The influence gradually increased over time and played a role in mitigating stock market volatility. Based on this study's findings, the amount of media coverage of digital new deals policy has a significant dynamic relationship with the stock market.

A Study on the Characteristics of Projects Following the Promotion of Private Park Special Projects (민간공원특례사업의 추진에 따른 사업특성에 관한 연구)

  • Gweon, Young-Dal;Park, Hyun-Bin;Kim, Dong-Pil
    • Journal of the Korean Institute of Landscape Architecture
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    • v.49 no.5
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    • pp.112-124
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    • 2021
  • This study was conducted to examine and analyze local governments, park status, project characteristics, and the implementation in detail for private park special projects across the country as a means of responding to the sunsetting of urban parks. As a result of the analysis, first, the private park special project, was found to be mainly implemented in cities with a population of more than 100,000, so there was a limit to the application on military installations or in local small cities. Therefore, rather than applying the special system collectively, it was judged that institutional flexibility, considering the characteristics and size of local government, was needed. Second, the current special projects by the park creation donation collection method shows monotonous development centered on apartment houses, so it is necessary to diversify the development by introducing a park preservation method that purchases and donates park sites. Third, it was found that the area standard needs to be eased to less than 50,000m2 to include parks with high utilization and good accessibility in urban areas of large cities, as the type and area of parks are limited. Fourth, most special projects are mountain parks, which are feared to damage the natural terrain and skyline, so separate ordinances should be established and applied, and development approaches should be made to allow nature and parks to coexist with the setting of detailed building guidelines for each type of facility. The guidelines should include, first, after the nationwide private park special projects are completed, standards for appropriate returns for similar projects should be established, institutional standards such as the recovery of excess profits should be established, and environmental reviews should be conducted. Second, it was found that local governments should institutionalize the composition of private consultations to promote the efficient management of projects through a cooperative system, and third, a roadmap for maintenance after the donation of special parks should be established.

Okdong Lee Seo's Li(理)-Qi(氣)Dualism and Its Meaning (옥동(玉洞) 이서(李漵)의 이(理)·기(氣) 대립적(對立的) 사유(思惟) 양식(樣式)과 그 의미(意味))

  • Yoon, Jaehwan
    • (The)Study of the Eastern Classic
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    • no.49
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    • pp.187-223
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    • 2012
  • This study is planned to research the ways and structue of Okdong's thinking, which are the foundation of his academic world, based on the collection of his literary pieces. This study became interested in Okdong Lee Seo because he with some strong stimulation and shock is considered as the turning point of his family's academic tradition. His family's academic tradition before Okdong had been famous for literatures of its members, such a tradition shifted toward Confucian classical studies. Especially, Okdong was the third elder brother of Seongho Lee Yik who represented the academia of the late Joseon period, and took an important role in forming Seongho's study. Okdong is considered to have built the basic structure of Seongho's study. It seems that in the process he transmitted their family's academic tradition whose focus got shifted from literature to Confucian classical studies. Thus, this study has the basic meaning as elucidation about the fundamental of Okdong's academic world. However, the larger meaning of this study is the verification of the fundamental structure of Seongho's study: Seongho's study stood on Okdong's study but overcame Okdong as an individual, and then became a academic standard of the late Joseon period. When the collection of Okdong's literary pieces is examined, it can be found that Okdong way of thinking rooted in the Confucian theory that human nature is originally good. Especially, Okdong maintained the li-qi dualism in which li and qi conflict against each other. For understanding and elucidating not-completely-good human mind, he understood li and qi within conflicting relationship. Okdong claimed that in order for a man to keep his life humane, the man should recover his moral completeness by cultivating his mind through sincerity and reverence. Okdong's goal was to build society and to realize human nature in accordance with the classical Confucian ideology of filial piety and respect and of loyalty and trust. Here lies the fundamental meaning of Okdong's way of thinking.

The Fiduciary Duties of Doctor in Clinical Trials (임상시험에서 의사의 선량한 관리자의 주의의무)

  • Lee, Jiyoun
    • The Korean Society of Law and Medicine
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    • v.21 no.2
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    • pp.163-207
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    • 2020
  • Korea has been positioned as the leading country in the industry of clinical trials as the clinical trail of Korea has developed for the recent 10 years. Clinical trial has plays a significant role in the development of medicine and the increase of curability. However, it has inevitable risk as the purpose of the clinical trial is to prove the safety and effectiveness of new drugs. Therefore, the clinical trial should be controlled properly to protect the health of the subjects of clinical trial and to ensure that they exercise a right of self-determination. In this context, the fiduciary duties of doctors who conduct clinical trials is especially important. The Pharmaceutical Affairs Act and the relevant regulations define several duties of doctors who conduct clinical trials. In particular, the duty to protection of subjects and the duty to provide information constitute the main fiduciary duties to the subjects. Those are essentially similar to the fiduciary duties of doctors in usual treatment from the perspective of the values promoted by the law and the content of the law. Nonetheless, clinical trials put more emphasis on the duties to provide explanation than in usual treatment. Further research and study are required to establish the concrete standard for the duty of care. However, if the blind pursuit of higher standards for the duty of care or to pass the burden of proof to doctors may result in disrupting the development of clinical trials, limiting the accessibility of patients to new treatment and even violating the principle of sharing damage equally and properly. In addition to these duties, the laws of clinical trials define several duties of doctors. Any decision on whether the violation of the law constitutes the violation of the fiduciary duty and justifies the demand for compensation of damages should be based on whether relevant law aims to protect the safety and benefit of subjects, even if in an incidental way, the degree to which such violation breaches the values promoted by the law and the concrete of violation of benefit of law, the detailed acts of such violation. The legal interests of the subjects can be protected effectively by guaranteeing compliance with those duties and establishing judicial and administrative controls to ensure that the benefit of subjects are protected properly in individual cases.

Modern Enterprise & ESG Management philosophy of Gaeseong Ginseng Merchant (개성 인삼상인의 근대기업화와 ESG 경영이념)

  • Ock, Soon Jong
    • Journal of Ginseng Culture
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    • v.3
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    • pp.90-118
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    • 2021
  • Gaeseong fostered the conditions necessary for modern capitalism, as huge capital was accumulated through the cultivation and trade of ginseng, which were activities that flourished in the 18th century. During the Japanese colonial era, ginseng merchants were not simply limited to acquiring landowner capital from ginseng trade but actively converted such resource to productive and financial capital, thereby becoming modern entrepreneurs. Ginseng merchants led the joint management and investment of Gaeseong Electric Co., Ltd., Daehan Cheonil Bank, Gaeseong Brewing Co., Ltd., and Songgo Textile Company, founded in the early 20th century. They pursued corporate profits and, as leading individuals of society, spearheaded regional development by supporting educational and cultural projects in Gaeseong. These projects included the establishment of the Gaeseong Commercial School, the publication of Goryeo Times, and the operation of the Gaeseong Jwa Theater. Although liberal economics prioritized shareholder interest, the 21st century witnessed an emphasis on social responsibility among stakeholders asthe major purpose of enterprises. A trend that emerged was ESG (environment, social, governance) management, in which non-financial factors are valued more highly than financial performance. A successful business, which was denoted only by high profits in the past, is now defined by whether a company fulfills its social responsibility. In the early 20th century, the corporate activities of ginseng merchants in Gaeseong reflected entrepreneurship and stakeholder-centered ESG management, which later emerged as essential elements of modern business management. The modern management philosophy ahead of its times stemmed from the regionality of Gaeseong. The political discrimination against Gaeseong residents in the Joseon Dynasty precluded them from becoming government officers, and under a strict social hierarchy, yangban ("noblemen"), the intellectuals of the Joseon Dynasty, were forced to serve as merchants. Son Bong-sang and Kong Seong-hak, aside from being representative ginseng merchants, were both Confucian scholars and writers. The second and third generations of ginseng merchant families who had received higher education abroad returned to Gaeseong to carry on with their family businesses, then established modern companies with capital accrued from the ginseng industry. An analysis of the commercial activities of ginseng merchants in the early 20th century confirmed that these individuals were pioneering entrepreneurs who adopted the ESG management philosophy. In ginseng merchants, one sees a dimension of capitalism with a human face, as with ginseng thatsaves human life.