• Title/Summary/Keyword: 책임배분

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A study on the relational outcomes in franchise alliance: based on symmetric and asymmetric relationship in education service industry (프랜차이즈 제휴의 관계성과에 관한 연구: 교육서비스산업의 대칭적·비대칭적 관계를 중심으로)

  • Lee, Jiwon;Kang, Inwon
    • International Commerce and Information Review
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    • v.18 no.4
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    • pp.333-358
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    • 2016
  • This study investigates the relative effect of symmetric and asymmetric relationship between franchiser and franchisee on the relational outcome of franchise alliance in education industry. To verify the research model, 240 samples, which is related with eduction service, were collected, among which 200 were used for the analysis. The outcome suggests that the asymmetric relationship in an alliance negatively influenced the relational quality, among which asymmetric alliance-specific investments had the most significant effect. On the other hand, the relational quality was positively influenced when the alliance relationship was symmetric, especially when the interactional fairness was high. Furthermore, compared to foreign franchise, local franchise presented higher level of role and responsibility imbalance, along with higher likihood of franchisees' opportunistic behaviors.

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Direction and Task of the Oecentralization of Power (지방분권의 방향과 과제)

  • Park, Jong Gwan
    • The Journal of the Korea Contents Association
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    • v.14 no.7
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    • pp.161-168
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    • 2014
  • This paper with Korean to promote decentralized countries, considered previous studies related to decentralization. Next, with target scholars and professionals looked at the evaluation of the degree of decentralization and the direction. Last deduced the task of decentralization. The decentralization task is first, expansion of organizational autonomy. The organization of local government determined based on the content of the job is desirable. Second, the personnel operating is secured autonomy. Local government officials and staff is independent and uniformly control. And it is necessary to recruit such as checks and supervision of the relevant local councils and civil society. Third, the financial decentralization is the expansion. The expansion of fiscal decentralization First, determined the expansion of municipal law prescribed by the regulations within the scope of local autonomy. Next, the local switch through national expansion of fiscal decentralization is necessary. In addition, the expansion of fiscal decentralization need the expansion of the local income tax and the expansion of local consumption tax.

Development of a Teaching-Learning Model for Science Ethics Education with History of Science (과학사 활용 과학 윤리 수업 모형 개발)

  • Shin, Dong-Hee;Shin, Ha-Yoon
    • Journal of The Korean Association For Science Education
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    • v.32 no.2
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    • pp.346-371
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    • 2012
  • The purpose of this study is to investigate the possibilities of science ethics education with history of science (HOS) and to develop its teaching and learning model for secondary school students. A total of 72 cases about science ethics were extracted from 20 or more HOS books, journal articles, and newspaper articles. These cases were categorized into 8 areas, such as forgery, fabrication, violation of bioethics in testing, plagiarism and stealth, unfair allocation of credit, over slander, conjunction with ideologies, and social responsibility problems. The results of this study are as follows. First, research forgery, occurring in the process of the research, was the most frequent in HOS. Second, we developed eight teaching lesson plans for each area. Third, we proposed a teaching and learning model based on the developed lesson plans as well as related teaching and learning models in the fields of science ethics education, ethics education, and history education. Our model has five steps, 'investigating-suggesting casesclarifying problems-finding alternatives-summarizing'.

A Study on Partnership of Food Service Industry (외식프랜차이즈 본부와 가맹점간 파트너쉽에 관한 연구)

  • Lee, jung-chul;Shin, kang-hyun
    • Proceedings of the Korea Contents Association Conference
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    • 2008.05a
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    • pp.339-342
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    • 2008
  • Franchisors court additional franchisees as marketing partners for continued growth in sales revenue. Competitive climate, potential franchisees have their choice of suitors and are likely to scrutinize them carefully. As this research makes, franchisors affiliated with chains that forge strong partnerships are to achieve superior performance. The chain that promises a strong partnership is more have its choice of prospective franchise partners. Developing strong partnerships can use to recruit high quality franchisees. If franchisors with to experience the benefits of a strong franchise partnership, they must be willing to work on behalf of the partnership, perform roles that may extend beyond their traditional boundaries, and resolve their disagreement to the benefit of the partnership rather than to their own benefit. Strong partnerships require sacrifices on the part of both the franchisees and franchisors. However, These sacrifices have substantial payoffs in terms of franchisor performance as well as the performance of the relationship as a whole.

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Legal Review for Reestablishment of the River Water Use Standards (하천수 사용허가 기준 재정립을 위한 법적 검토)

  • Lee, Young Kune;Ryu, Si Saeng;Park, Sung Je
    • Proceedings of the Korea Water Resources Association Conference
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    • 2015.05a
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    • pp.269-269
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    • 2015
  • 우리나라에서는 1961년의 제정 하천법을 통하여 하천을 사용하고자 하는 경우에는 관리청의 허가를 득해야 함을 명시적으로 규정한 이래 현재까지 하천수의 사용을 허가제로 운영하고 있다. 하천수 사용을 위한 제도가 정비된 지 반세기 이상의 세월이 흘렀지만, 이를 둘러싼 분쟁이 끊이지 않고 있는 상황이 반복되고 있다. 이로 인하여 상호간의 불신과 갈등이 증폭되고, 사회적 갈등비용이 증가하며 제도 그 자체를 불신하는 움직임마저 나타나고 있다. 특히 우리나라와 같은 댐저수와 하천수 의존형 물 관리에서는 댐용수와 하천수의 합리적인 배분이 매우 중요하다고 할 수 있다. 물분쟁의 주된 유형은 지자체와 물공급을 담당하고 있는 한국수자원공사와의 갈등이 대부분이다. 분쟁의 유형도 단순한 취수시설 확장에 관한 사항에서부터 물수지분석의 방법에 관한 사항까지 복잡다양하게 얽혀있다. 이와 같은 물분쟁은 물론 긴 역사속에서도 존재하여 왔지만 제도적인 틀을 정비함으로써 갈등상황을 감소시키고 나아가 하천과 물의 효율적 관리 등 국가적 차원의 긍정적 요인을 도출하는 것이 주요한 목적이라고 할 수 있다. 또한 2009년 하천법 개정을 통하여 하천수 사용허가의 세부기준을 정하도록 규정되어 있으나 현재에 이르도록 별다른 진전을 보이지 못하고 있다. 본 연구에서는 하천법 제50조4항(아울러 시행령 제56조2항 및 시행규칙 제28조4항)에서 규정하고 있는 하천수 사용허가의 세부기준을 작성하기 위하여 시도되었다. 세부기준은 하천수를 사용하고자 하는 물 사용자와 하천수 관리청의 역할을 비롯하여 책임과 권한의 관계가 분명하게 정립될 필요가 있다. 따라서 기존 하천수 사용허가 행정을 면밀히 분석하였고, 실제 하천수 사용허가 행정업무를 수행하고 있는 4대강(한강, 금강, 영산강, 낙동강) 홍수통제소 실무자와의 수차례에 걸친 논의를 거쳐 완성되엇다. 세부기준(안)은 9개장 43개조항으로 이루어져 있으며, 하천수 사용허가 행정 전반을 범위로 하고 있다. 본 연구를 통하여 작성된 하천수 사용허가 세부기준이 입법화된다면 하천수 사용허가를 둘러싼 갈등상황의 감소가 예상되며, 보다 투명한 하천행정을 기대할 수 있을 것이다. 또한 앞으로 물수지분석 방법이나 용도별 하천수 사용요금 등에 대한 현실적인 대안이 마련된다면 보다 선진적인 하천행정을 수행할 수 있을 것으로 기대된다.

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The Non-Appropriation Principle and Corpus Juris Spatialis (비전유원칙과 우주법(Corpus Juris Spatialis))

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.181-202
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    • 2020
  • The Non-Appropriation Principle was stipulated in the OST and the MA. However the MA, creating CHM in international law for the first time, attempted to further limit the prohibitions to include ownership of resources extracted from celestial bodies, its rejection by the U.S. and most of the international spacefaring community prevented it from serving as a binding international treaty. Individuals or private enterprises intending to perform space exploitation must receive approval from the nation and may not appropriate outer space or celestial bodies. In the course of this space activity, each party will be liable. Articles 6 and 7 of the OST and the Liability Convention of 1972 deal with matters concerning those problems. The CSLCA of 2015 and Luxembourg Space Resources Law of 2017 allows States to provide commercial exploration and use of space resources to their own nationals and to companies operated by other countries within their territory. These laws do not violate Article 2 of the OST. In the case of the CSLCA of 2015, the law clearly states that it cannot claim ownership, sovereignty or jurisdiction over certain celestial bodies. Even if scholars claim that the U.S. CSLCA and Luxembourg Space Resources Law violate the non-appropriation principle of the OST, they cannot prevent these two countries from extracting the space resources on "the first come, first served" basis. The legal status of outer space including the moon and other celestial bodies is res extra commercium, like the high seas, where the fishing vessels from each country catch and sell fish without occupying the sea. Major space-faring nations must push for the adoption of an international regulatory committee which will oversee applications and issue permits based on a set of robust, modern, and forward-thinking ideals that are best equipped to govern and protect outer space as individuals, businesses, and nations compete to commercialize space through mining and the extraction of space-based resources. The new Corpus Juris Spatialis on the development of space resources, whether it is a treaty or a soft law such as recommendation and declaration, in the case of the Moon and Mars, will cover a certain amount of area to develop, and the development period by the states should be specified.

A Study on Improvement on National Legislation for Sustainable Progress of Space Development Project (우주개발사업의 지속발전을 위한 국내입법의 개선방향에 관한 연구)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.1
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    • pp.97-158
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    • 2010
  • The purpose of this paper is to research on the contents and improvement of national legislations relating to space development in Korea to make the sustainable progress of space development project in Korea. Korea has launched its first satellite KITST-1 in 1992. The National Space Committee has established "The Space Development Promotion Basic Plan" in 2007. The plan addressed the development of total 13 satellites by 2010 and the space launch vehicle by 2020, and the launch of moon exploration spaceship by 2021. Korea has built the space center at Oinarodo, Goheng Province in June 2009. In Korea the first small launch vehicle KSLV-1 was launched at the Naro Space Center in August 2009, and its second launch was made in June 2010. The United Nations has adopted five treaties relating to the development of outer space as follows : The Outer Space Treaty of 1967, the Rescue and Return Agreement of 1968, the Liability Convention of 1972, the Registration Convention of 1974, and the Moon Treaty of 1979. All five treaties has come into force. Korea has ratified the Outer Space Treaty, the Rescue and Return Agreement, the Liability Convention and the Registration Convention excepting the Moon Treaty. Most of development countries have enacted the national legislation relating to the development of our space as follows : The National Aeronautic and Space Act of 1958 and the Commercial Space Act of 1998 in the United States, Outer Space Act of 1986 in England, Establishment Act of National Space Center of 1961 in France, Canadian Space Agency Act of 1990 in Canada, Space Basic Act of 2008 in Japan, and Law on Space Activity of 1993 in Russia. There are currently three national legislations relating to space development in Korea as follows : Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. The Ministry of Knowledge Economy of Korea has announced the Full Amendment Draft of Aerospace Industry Development Promotion Act in December 2009, and it's main contents are as follows : (1) Changing the title of Act into Aerospace Industry Promotion Act, (2) Newly regulating the definition of air flight test place, etc., (3) Establishment of aerospace industry basic plan, establishment of aerospace industry committee, (4) Project for promoting aerospace industry, (5) Exploration development, international joint development, (6) Cooperative research development, (7) Mutual benefit project, (8) Project for furthering basis of aerospace industry, (9) Activating cluster of aerospace industry, (10) Designation of air flight test place, etc., (11) Abolishing the designation and assistance of specific enterprise, (12) Abolishing the inspection of performance and quality. The Outer Space Development Promotion Act should be revised with regard to the following matters : (1) Overlapping problem in legal system between the Outer Space Development Promotion Act and the Aerospace industry Development promotion Act, (2) Distribution and adjustment problem of the national research development budget for space development between National Space Committee and National Science Technology Committee, (3) Consideration and preservation of environment in space development, (4) Taking the legal action and maintaining the legal system for policy and regulation relating to space development. The Outer Space Damage Compensation Act should be revised with regard to the following matters : (1) Definition of space damage and indirect damage, (2) Currency unit of limit of compensation liability, (3) Joint liability and compensation claim right of launching person of space object, (4) Establishment of Space Damage Compensation Council. In Korea, it will be possible to make a space tourism in 2013, and it is planned to introduce and operate a manned spaceship in 2013. Therefore, it is necessary to develop the policy relating to the promotion of commercial space transportation industry. Also it is necessary to make the proper maintenance of the current Aviation Law and space development-related laws and regulations for the promotion of space transportation industry in Korea.

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Research Ethics Education's Lessons Learned through Cases of Woo Suk Hwang, Byong Joon Kim and Phil Sang Lee (황우석·김병준·이필상 사례에서 배우는 연구윤리교육적 교훈)

  • Choi, Young-Seong
    • Journal of Korean Philosophical Society
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    • v.105
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    • pp.95-126
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    • 2008
  • We are all too aware of the ravages of scientific misconduct in the Korean academic community. Plagiarism and fabricated research have become an important issue after many figures such scientist Hwang Woo-suk, former Education Minister Kim Beong-joon and former Korea University President Lee Phil-sang were involved in research ethics scandals. Recent case of falsified data is the instance of Seoul University investigator Hwnag Woo-suk admittted full responsibility for the fabrication and use of false data in a paper published in 2005. Another important lessons learned by Hwang case were that the need of international accepted standards about research misconduct, the matter of authorship, proper allocation of credit, respect for human subjects in scientific research and conflict of interests. And Education Minister Kim Byong-joon have drawn the attention of the general public to the issue of self-plagiarism. Important lessons learned by Kim case were that the need of clear criteria on what is considered plagiarism and historical application. Most recently, Korea University president Lee Phil-sang plagiarized his pupils' academic work. Important lessons learned by Lee case were that the need of after penalty about research misconduct, research mentoring, and desirable whistleblowing. And I suggested three major lessons learned by synthesized review. The fist is the need of public system and institution, the second is the role of media, and the third is the need and direction of research ethics education. The government, universities and research centers are aware of the matters and lessons learned about reseach ethics of Hwang, Kim and Lee cases. And they suggest to set up education programs, guidelines and institutional measures for research ethics.

Apportionment of Liquidated Damages and Compensation for Delay Damages in Domestic Construction Project : Analysis and Improvement (국내 현행 공기지연 책임에 따른 지체상금 및 손실보상의 문제점 및 개선방안)

  • Kim, Kyong Ju;Kim, Kyoungmin;Kim, Jong Inn;Wei, Ameng;Kim, Eu Wang
    • Korean Journal of Construction Engineering and Management
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    • v.24 no.1
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    • pp.12-20
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    • 2023
  • To calculate the amount of owner-caused and contractor-caused delays based on a simplified delay analysis, which has been customarily used in Korea, has a limitation in reflecting the impact of the concurrent delay and the acceleration work. It also resulted in the apportionment of liquidated damages by applying the ratio of the number of delays between the owner and the contractor. This study analyzes that the conventional method does not meet the international standards. In order to improve the problem of construction delay analysis and the apportionment of liquidated damages based on it, owner delays, contractor delays, concurrent delays, and the impact of acceleration should be analyzed together. This study suggests that in the apportionment of liquidated damages, the extension of time should be extended by the sum of concurrent delays and the owner-caused delays, and liquidated damages should be imposed on delays incurred after the extension of time. It can be seen that it conforms to the international standards. The results of this study are expected to contribute to improving the problems of delay analysis and liquidated damages calculation, which have been conventionally accepted.

An Overview of Readjustment Measures Against the Banking Industry's Non-Performing Loans (은행부실채권(銀行不實債權) 정리방안(整理方案)에 대한 고찰(考察))

  • Kim, Joon-kyung
    • KDI Journal of Economic Policy
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    • v.13 no.1
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    • pp.35-63
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    • 1991
  • Currently, Korea's banking industry holds a sizable amount of non-performing loans which stem from the government-led bailout of many troubled firms in the 1980s. Although this burden was somewhat relieved with the aid of banks' recapitalization in the booming securities market between 1986-88, the insolvent credits still resulted in low profitability in the banking sector and have been detrimental to the progress of financial liberalization and internationalization. This paper surveys the corporate bailout experiences of major advanced countries and Korea in the past and derives a rationale for readjustment measures against non-performing loans, in which rescue plans depend on the nature of the financial system. Considering the features of Korea's financial system and the banking sector's recent performance, it discusses possible means of liquidation in keeping with the rationale. The conflict of interests among parties involved in non-performing loans is widely known as one of the major constraints in writing off the loans. Specifically, in the case of Korea, the government's excessive intervention in allocating credits has preempted the legitimate role of the banking sector, which now only passively manages its past loans, and has implicitly confused private with public risk. This paper argues that to minimize the incidence of insolvent loan readjustment, the government's role should be reduced and that the correspondent banks should be more active in the liquidation process, through the market mechanism, reflecting their access to detailed information on the troubled firms. One solution is that banks, after classifying the insolvent loans by the lateness or possibility of repayment, would swap the relatively sound loans for preferred stock and gradually write off the bad ones by expanding the banks' retained earnings and revaluing the banks' assets. Specifically, the debt-equity swap can benefit both creditors and debtors in the sense that it raises the liquidity and profitability of bank assets and strengthens the debtor's financial structure by easing the debt service burden. Such a creditor-led or market-led solution improves the financial strength and autonomy of the banking sector, thereby fostering more efficient resource allocation and risk sharing.

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