• Title/Summary/Keyword: 협상전략

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Legal Review of Product Liability of a Defective Aircraft (군용항공기와 결합방지를 위한 개선방안 및 법적 책임관계 연구)

  • Cho, Young-Ki;Chung, Wook
    • The Korean Journal of Air & Space Law and Policy
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    • v.20 no.2
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    • pp.59-158
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    • 2005
  • When a military aircraft suffers damages due to the defects in its design, manufacturing or notification, all of which are generally understood as products liability defects, the obvious compensation is sought as it would in other consumer good case. However, there exist clear yet unappreciated difference between general consumer goods and military aircraft, as far as products liability law is concerned - some sort of recovery should be obtained even when there exist only defects, not damages, to the aircraft because of the implication of defective parts is much grave than what can be expected in a consumer goods case. While certain anticipatory measures do exist in manual or at negotiation stages for the safety of military aircraft, such measures are ineffective, if not ambiguous, in recovery effort in the post-accident stage In another word, the standardized military procurement contract manuals and boilerplate forms do not appreciate the unique and dangerous military nature of military aircraft. There are many unique legal issues which can arise when trying to prevent defective aircraft or parts, or to recover compensations for accident due to such defects. At two-level, the government should establish legal system (or countermeasures if you'd like) for purchasing safer military aircraft. First, one should be able to work with legal ground and policy that allows selecting and purchasing safer goods - the purpose of such contract is not litigious, but rather in acquiring what are most reliable. Second, in case the defects do arise and lead to damages, solid legal principles and instructions should be established for effectively pursuing appropriate company, (usually a aerospace industry giant with much experience) for products liability - the purpose of such pursuit is inevitable for a public official, since he or she is no private business man with much flexibilities, even to the point of waiving such compensatory right for future business purposes. This article tries to identify problems in methods of procuring military aircraft or parts - after reviewing on how the military can improve on legal and policy grounds for procuring what will be the focus of future military strength, it will offer some of the ways to effectively handling and resolving a liability issues.

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The Mutual Assistance System and Cooperation between South Korea, the U.S. and China for the North Korean Nuclear Issue and Unification of the Korean Peninsula (북핵과 한반도 통일에 대한 한·미·중 3국 공조체제와 협력)

  • Kim, Joo-Sam
    • Korea and Global Affairs
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    • v.1 no.1
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    • pp.71-96
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    • 2017
  • This study speculates on responses to the nuclear threats of North Korea and mutual assistance and cooperation between South Korea, the U.S. and China for the unification of the Korean Peninsula. As for the North Koreas nuclear issue and unification of the Korean Peninsula, South Korea is the subject of national division, the U.S. is a responsible country in international issues and does not have diplomatic ties with North Korea. China is a traditional socialist nation and a supporter of North Korea. As North Korea's strategic weapons including nuclear weapons and ballistic missiles are international issues, to defend against Kim Jung-Eun's unexpected acts, the three countries should actively cooperate with each other and develop countermeasures. However, with respect to the road map of the North Koreas issue, there are subtle differences between the U.S. and China in recognition of and sanctions against North Korea as a resolution of the U..N. Security Council. The U.S. has continued a deterrence policy and sanctions against North Korea based on joint threats between South Korea and the U.S. while China has showed a negative position in the process of solving the North Korean nuclear issue because of the unstable security derived from the U.S. 's intervention in the Korean peninsula. North Korea should change its diplomatic policy in a more concrete way towards world peace although it has continued trade of strategic weapons with Middle Eastern countries to maintain its political system. For example, to restart the summit talks and open multilateral security channels. Although the issue of unification of the Korean peninsula should be resolved by South and North Korea themselves, it is strange that South and North Korea depend on the logic of powerful countries for the resolution of a national problem. As for North Koreas nuclear and the Unification issues, peaceful solutions presented by South Korea seem more persuasive than the solution presented by North Korea which did not secure any international support. However, South Korea, the U.S. and China need to develop uni-directional two-tract strategies for sanctions against North Korea and talks with North Korea for peace on the Korean peninsula, and should continue to support the economic independence of North Korea.

A Study on Stabilizing Container Terminal Market in Busan Port (부산항 항만하역시장 안정화 방안에 관한 연구)

  • Ryoo, Dong-Keun;Choi, Jin-Yi;Kim, Tae-Goun
    • Journal of Navigation and Port Research
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    • v.36 no.10
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    • pp.895-904
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    • 2012
  • Today, the competition for hub-port is getting fierce and the shipping liners have enjoyed the increased bargaining power over the terminal operators through the mergers & acquisitions (M&A) and strategic alliances. This result leads the competition among terminal operators to attract liner companies and cargoes in their terminals. In demand side, however, there is a limited container cargo volume to handle because of a steady growth of cargo traffic. While, in supply side, continuous development of port terminals increased more competition among ports or terminals for cargoes. In particular the terminal operating market of Busan port is distorted because of the cargo competition between Busan North-port and Newport. The main purpose of this study is to suggest the stabilization measures of container terminal operating market in Busan port through analysis of the terminal operation market structures and market survey analysis method. For stabilizing the container terminal market, this study suggests the improvement of the legal and institutional system such as improvement in determining and reporting system of stevedoring tariff, establishment of fair competition rules etc., the introduction of port pooling system and adoption of volume-linked terminal lease system with cargo volume ceiling system for each terminal operator.

China's Global Investment Policy and Precondition for China Money FDI in Korea (중국의 해외투자 정책과 중국자본 유치의 전제조건)

  • Park, Moon-Suh;Kim, Mea-Jung
    • International Commerce and Information Review
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    • v.14 no.1
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    • pp.171-195
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    • 2012
  • This paper is aimed to prepare some policy-measures which is helpful for China Money FDI in Korea by analysing FDI-related data and political strength and weakness between the two countries and studying fundamental preconditions required for Korea's China Money FDI strategies. As the result of research, key preconditions found out can be summarized as follows; First, because China-Korea economic relationship is largely insufficient in a complementary view as well as in a cooperative state level, Korea should remove the threats in advance that could lead two countries to unlimited competition, and then expand to a relationship of trust between China and Korea. Second, Korea, at least from the perspective of China, may not be an attractive investment destination. Therefore, it is necessary to take advantage of Korea's FTA-expansion-strategy opportunities such as Korea-US FTA which has entered into force recently. Third, because China always has a lot of alternative investment opportunities among world instead of Korea, so Korea should not overlook the fact that China has the bargaining power in large part related on the investment conditions in Korea, such as investment field, investment size, how to invest China Money to Korea, etc. Fourth, if Korea's FDI policy is trapped in the existing rules of the political frame, and moreover Korea can not have the role of rule breaker, it will be difficult to expect Korea's China Money FDI results compared to those efforts. Fifth, if Korea will execute China Money FDI strategies in the context of overestimating the China Power or China Money, it should be noted that Korea may have unexpected losses lead to a national by reason of outward and quantitative investment or bad investment.

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Legal Status of Korea in International Environmental Law - Mainly focused on the Classification of Developed and Developing Countries - (국제환경법상 우리나라의 법적 지위 - 선진국과 개도국의 구분을 중심으로 -)

  • Seo, Won-Sang
    • Journal of Environmental Policy
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    • v.6 no.4
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    • pp.1-28
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    • 2007
  • Because the result of environmental pollution of one state is not limited to the national border but spills over into neighboring countries or global environment either directly or indirectly, international discussions on environment are crucial in domestic environmental law and policy. International environmental law demands differential obligation between developed and developing countries in the principle of 'common but differentiated responsibility'. The common but differentiated responsibility is the principle that draws distinction between developed and developing countries about global environmental issues, while recognizing the common responsibility of environmental protection for all nations. Environmental technology transfer or financial support from developed countries to developing countries, for example, has been discussed. The problem is the status of Korea. Korea's international environmental policy will be different by the distinction of responsibility for international environmental protection according to the status of developed and developing countries. International communities have never established a clear standard distinguishing developed from developing countries in any international laws. The WTO entrusts each country to decide whether it is a developing country or not. In the international environmental law, the status of a country is determined by the ability to negotiate. The status of Korea, thus, cannot be fixed in general international law. Rather, the Korean government is able to choose its own status strategically, It can be a policy choice to insist that Korea's developing country so as to reduce the burden of international responsibility. But, considering an economic indicator and environmental pollution indicator at which Korea ranks about 10th, the reality of Korea is much closer to a developed country. Positive policies such as development of environment-friendly technologies and products should be preferred to defensive assertion of developing country.

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Impact of Macroeconomic Factors on Terminal Operators' Profit: Focusing on Global Terminal Operators (거시경제지표가 터미널운영사 재무성과에 미치는 영향 분석: 글로벌터미널운영사 중심으로)

  • Lee, Joo-Ho;Yun, Won Young;Park, Ju Dong
    • Journal of Korea Port Economic Association
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    • v.36 no.1
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    • pp.129-140
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    • 2020
  • In the future, the global container handling market will be reorganized into larger ships and shipping alliances, and the bargaining power of shipping companies will be further strengthened. Therefore, the global terminal operator (GTO), which has a global network, vast experience, and operational know-how, is expected to strengthen its competitiveness. In Korea, the central government promoted the development of GTOs in the mid-2000s, but it failed, mainly due to disagreements between port stakeholders. In this study, the macroeconomic indicators that have the same effect in all regions were used to analyze GTO management performance. In the short term, it could be used to establish the business strategy of domestic terminal operators based on changes in macroeconomic indicators. In the long term, it would be used to establish a promotion strategy for GTOs in Korea. The results of analyzing the impact of macroeconomic indicators on the GTO's profit show that the GTO's profit is significantly affected by cargo handling capacity, the consumer price index of the United States, the Shanghai Composite Index, the Crude Oil Price, and the London Inter-bank Offered Rate (LIBOR). However, the scale of impact was not significantly different between public and private GTOs.

A Study on the Financial Service Negotiations in the Korean-Chinese Free-Trade Agreement (FTA) with Respect to RMB Internationalization (위안화 국제화를 고려한 한·중 FTA 금융서비스 협상 전략에 관한 연구)

  • Kim, Sang-Su;Son, Sam-Ho
    • Journal of Distribution Science
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    • v.11 no.4
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    • pp.81-88
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    • 2013
  • Purpose - This paper analyzes the influence of the RMB internationalization on the KRW/dollar exchange rate using an autoregressive distributed lag model. Comparing the parameter estimators from the sample period before and after the global financial crisis, we found that the RMB/dollar exchange rate has increasingly become more influential on the KRW/dollar exchange rate. Moreover, for the past several years, the Chinese government has actively utilized the financial service FTA negotiation as a measure for the RMB internationalization. This paper simultaneously considers RMB internationalization and financial service negotiations in the Korean-Chinese FTA. The purpose of this paper is to explicitly suggest a direction for the financial service negotiations in the Korean-Chinese FTA considering the effects of RMB internationalization. Research design, data, and methodology - The research plan of this paper has two parts. First, for an empirical study, this paper uses the daily exchange rate of the U.S. dollar against the currencies of the ASEAN5, Taiwan,and Korea. By using an autoregressive distributed lag model, this paper studies the influence of the change in the RMB/dollar exchange rate on changes in the local currency/dollar exchange rate in seven economies neighboring China. Our sample periods are 06/2005 - 07/2008 and 06/2010 -02/2013. During these periods, China was under the multi-currency basket system. We exempted the period of 08/2008 - 05/2010 from the analysis because there was nearly no RMB/dollar exchange rate fluctuation during those months. Second, after analyzing the recent financial service liberalizations and deregulations in China, we recommend a direction for the financial service negotiations in the Korean-Chinese FTA. In the past several years,the main Chinese financial policy agenda has surrounded the RMB internationalization. Therefore, it is crucial to understand this in the search for strategies for the financial service negotiations in the Korean-Chinese FTA. This paper employs an existing literature survey and examines the FTA protocols in its research methodology. Results and Conclusions - After the global financial crisis, the Chinese government wanted to break away from the dollar influence and pursued independent RMB internationalization in order to continue the growth and stability of its economy. Hence, every neighboring economy of China has been strategically impacted by RMB internationalization. Nevertheless, there is little empirical study on the influence of RMB internationalization on the KRW/dollar exchange rate. This paper is one of the few studies to analyze this problem comprehensively. By using a relatively simple estimation model, we can confirm that the coefficient of the RMB/dollar exchange rate has become more significant, except in the case of Indonesia. Although Korea is not under the multi-currency basket system but under the weakly controlled floating exchange rate system, its coefficient appears as large as that of the ASEAN5. This is the basis of the currency cooperation that has grown from the expansion of trade between the two countries. These empirical results suggest that the Korean government should specifically consider the RMB internationalization in the Korean-Chinese FTA negotiations.

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A System Dynamics Model for Negotiation strategy Analysis with North Korea (남북관계와 대북협상전략)

  • 곽상만
    • Korean System Dynamics Review
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    • v.1 no.2
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    • pp.5-31
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    • 2000
  • The summit meeting of the South North Korean leaders was a turning point in the relationships between the two countries. It was followed by the Red-Cross Meeting, Minister-Level Meeting, economic agreements, which have increased the relationship more colorful in both quantities and qualities. However, the half-century period for separation was too long to overcome all the problems by only one event. The two countries have quite different social systems; one politically strong person is governing the North, while many interest groups are involved in political decision making processes in the South. In short, it would take a long time to settle down all the problems residing between the two countries. A system dynamics model is developed to describe the long term dynamics of the relations between the South and North Koreas. As a first attempt, the model focuses only on the diplomatic meeting issues between the South and North. The model aggregates diplomatic issues into 5 categories; economic issues, security issues, infrastructure, cultural issues, and past problems. It assumes that there would not be any dramatic changes between the two countries. It is a conceptual model composed of around 200 variables, and should not be used as a forecast tool. However, it captures most of the logics discussed in the papers and conferences concerning the South and North Korea relations. Many sensitivity studies and Monte Carlo simulations have shown that the simulation results matches with mental models of experts; that is the model can be used as a learning tool or as a secondary opinion until the data required by the model is collected. In order to analyze the current situation, five scenarios are simulated and analyzed; the functional approach, the conditional approach, the balanced approach, the circumstantial approach, and the strategic approach. The functional approach represents that the South makes efforts in the area where the possibility of agreement is high for the next 10 years. The conditional approach is a scenario where the South impose all difficult issues as conditions for resolving other diplomatic issues. The balanced approach is resolving the five issues with the same priorities, while the circumstantial approach is resolving issues which seem to be resolved easily. Finally, another optimum approach has been seek using the system dynamics model developed. The optimum strategy (it is named as the strategic approach) was strikingly different from other four approaches. The optimum strategy is so complicated that no one could find it with mental model(or by just insights). Considering that the system dynamic model used to find the optimum is a simplifind (maybe over simplified) version of the reality, it is concluded that a well designed system dynamics model would be of great help to resolving the complicated diplomatic problems in any kind.

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The Types and Coping Methods of dilemmas of Pre-service Science Teachers During Student Teaching (교육실습에서 예비과학교사들이 경험하는 딜레마의 유형과 대처 방법)

  • Kim, Heekyong;Lee, Bongwoo
    • Journal of The Korean Association For Science Education
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    • v.36 no.4
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    • pp.657-668
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    • 2016
  • The purpose of the study is to explore the types and coping methods of dilemmas that pre-service science teachers experience during student teaching. For this, we collected 131 dilemma journals that 34 pre-service science teachers wrote during a four-week period of student teaching. Results show that first, there are five categories of dilemmas, they are, 'Which science teacher should I be?', 'What is good science teaching?', 'How should I build relationships with the people around me at school?', and 'Who am I as a student teacher?'. Second, pre-service science teachers' status as a students-teachers made them cope with dilemmas passively. Third, when they cope with the dilemmas, student-teachers considered the dilemmas as conflicts of irreconcilable alternatives rather than opportunities of conciliation and compromise, therefore, most pre-service science teachers choose just one alternative and only 20% of dilemmas are resolved by compromise choice. Finally, dilemmas which showed the features of science teaching are the dilemmas related to scientific inquiry teaching and science teaching-learning model. Based on the results, we discussed the implications for teacher education.

Landscape Design for Masan Robot Land (마산로봇랜드 조경설계)

  • Yoon, Sung-Yung
    • Journal of the Korean Institute of Landscape Architecture
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    • v.38 no.3
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    • pp.115-125
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    • 2010
  • A theme park is not just a recreational space for leisure activities, but also a place of storytelling as collected around abstract boundaries called themes. These stories are 'a space that tells the meaning' that the visitor is looking for and the Robot Land space offers robots, humans, and nature. This study is a description of the design strategy and content of the work which was elected as a subject of the subsequent rank negotiation of the Masan Robot Land design contest for the selection of a private contractor. The focus of the plan is, first, the organizational power of each space and the delivery power of a theme for the history of revisits, which might be considered depending on whether or not the theme park has been successful in the visitor's mind. Second, it is to actively use the potential of Masan, which is not only the key hub of the mechanical industry but also has beautiful coastal resources. First, they created a space that can flexibly react depending on the user's desire and the change of form, minimizing environmental damage by using a linear metabolism that can provide an amalgam of the elemental characteristics of robots, humans, and nature as motifs. They introduced a planting plan for the admissions square, an existing forest, slope, vacation spot, the inside of a complex, and Eco Island, etc. by utilizing symbolic meaning and adjusting to the spatial characteristics of each space. In addition, they sought a detailed space by setting up zones tailored to the use and character of the subject area, having exhibitions and education about robots, vacation facilities for lodgers, various recreational and commercial facilities, and space for utopian gardens as themes. They planned Masan Robot Land to be a true cultural space that creates mental richness on the basis of not only the economical effects but also local emotion.