• Title/Summary/Keyword: Claim Factor

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Who has to take legal responsibility for retailer brand foods, manufacturers or retailers?

  • Cho, Young-Sang
    • Journal of Distribution Science
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    • v.9 no.2
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    • pp.97-109
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    • 2011
  • As a marketing vehicle to survive in intensified retailing competition, retailer brand development has been adopted by retailers in Korea. As evidence, the retailer brand share of a major retailer, Tesco Korea, has grown from 20% in 2007 to 22.8% in the first half of 2008. It means that retailers have provided more and more retailer brand foods for customers. With the growing accessibility to retailer brand foods, it would be expected that the number of retailer brand food claims will increase. Customers have increasingly exposed to a variety of marketing activities conducted by retailers. When buying the retailer brand foods, customers tend to be affected by marketing activities of retailers. Despite the fact that customers trust retailers and then, buy their brand foods, in case of food accidents caused by production process, customers have to seek compensation from a retailer brand supplier. Of course, a retailer tends to shift its responsibility to its suppliers. Accordingly, it is not easy for customers to solve food claims. The research, therefore, aims at exploring the relationship between the buying-decision processes of retailer brand customers and which side takes legal responsibility for food claims. To effectively achieve the research aim, the author adopted a quantitative and a qualitative research technique, in order to supplement the disadvantages of each method. Before field research, based on the developed research model, the author pre-tested questionnaire with 10 samples, amended, and handed out to 400 samples. Amongst them, 316 questionnaires are available. For a focus group interview, 9 participants were recruited, who are students, housewives, and full-time workers, aged from 20s to 40s. Through the focus group interview as well as the questionnaire results, it was found that most customers were influenced by a retailer or store image in a customer's mind, retailer reputation and promotional activities. Surprisingly, customers think that the name of a retailer is a more important factor than who produces retailer brand foods, even though many customers check a retailer brand supplier, when making a buying-decision. Rather than retailer brand suppliers, customers trust retailers. That is why they purchase retailer brands. Nevertheless, production-related food claims is not involved with retailers. In fact, it would be difficult for customers to distinguish whether a food claim is related to selling or manufacturing processes. Based on research results, from a customer perspective, the research suggests that the government should require retailers to take the whole responsibility for retailer brand food claims, preventing retailers from passing the buck to retailer brand suppliers. In case of food claims, in order for customers to easily get the compensation, it is necessary to reconsider the current system. If so, retailers have to fully get involved in retailer brand production stage, and further, the customer awareness of retailer brands will be improved than ever before. Retailers cannot help taking care of the whole processes of retailer brand development, because of responsibility. As a result, the process to seek compensation for food claims might become easier, and further, the protection of customer right might be improved.

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The Effects of Sales Performance on Salesperson's Job Satisfaction, Organizational Commitment and Need for Achievement (영업사원의 직무만족, 조직몰입, 성취욕구가 영업성과에 미치는 영향에 관한 연구)

  • Gu, Ja-Won
    • Management & Information Systems Review
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    • v.37 no.1
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    • pp.1-18
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    • 2018
  • This research performed the empirical test for the effects of sales performance on salesperson's job satisfaction, organizational commitment, and need for achievement using 375 salesperson samples in Korea. Analyzed direct effects among the factors and mediation effects of organizational commitment and need for achievement as well. Results showed that job satisfaction have a significant positive (+) impact on organizational commitment and sales performance, and organizational commitment significant positive influence on need for achievement. However, organizational commitment have no significant effect on sales performance. Need for achievement have a significant direct effect on sales performance positively and have mediation effect between organizational commitment and sales performance. For the mediating effect, organizational commitment have significant result between job performance and need for achievement, but have no significance between job performance and sales performance. This paper suggest that the implications. First, this research exam integrated and detailed analyze for job satisfaction, organizational commitment, need for achievement, and sales performance including the results of verified in precedent study. Second, identify job satisfaction and need for achievement are important factors on salesperson's performance and find out through the empirical test the importance having balance of satisfaction of salesperson's own job and need for achievement in the sales field rather than consider only organizational commitment. Third, in the existing research, high need for achievement increase organizational commitment as a predictor of organizational commitment factor. In this research, claim that organizational commitment also become as a predictor of need for achievement and high organizational commitment make need for achievement higher. Consequently, need for achievement and organizational commitment be interact with each other and significant effect on sales performance of sales force.

A Study on Characteristics of Auto Ignition and Activation Energy of Ethylene Glycol and Diethylene Glycol (Ethylene Glycol과 Diethylene Glycol의 자연발화 특성과 활성화에너지에 관한 연구)

  • Kim, Jung-Hun;Choi, Jae-Wook
    • Journal of the Korean Institute of Gas
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    • v.20 no.2
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    • pp.16-22
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    • 2016
  • Auto ignition characteristic is an important factor for handling combustible substance and fire prevention. This research studied about auto ignition characteristic and activation energy of Ethylene Glycol (EG) and Diethylene Glycol (DEG) by using ASTM D2155 type ignition temperature measuring apparatus. As the auto ignition temperatures, it was possible to get $434^{\circ}C$ for EG within sample amount range of $75{\sim}160{\mu}l$ and $387^{\circ}C$ for DEG within sample amount range of $130{\sim}150{\mu}l$. Also, it was possible to get $579^{\circ}C$ and $569^{\circ}C$ as instantaneous ignition temperatures with sample amount of $140{\mu}l$ for EG and DEG respectively. By using least square method from Semenov equation on measured ignition temperature and ignition delay time from this study, it was possible to calculate activation energy of EG as 25.41 Kcal/mol and DEG as 14.07 Kcal/mol. Therefore, it was possible to claim that DEG has more risk of auto ignition since the auto ignition temperature, instantaneous ignition temperature and activation energy of DEG is lower than EG.

Review of 2013 Major Medical Decisions (2013년 주요 의료 판결 분석)

  • Lee, Dong Pil;Jeong, Hye Seung;Lee, Jung Sun;Yoo, Hyun Jung
    • The Korean Society of Law and Medicine
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    • v.15 no.1
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    • pp.263-302
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    • 2014
  • The court handed down meaningful rulings related to medical sectors in 2013. This paper presents the ruling that the care workers could be the performance assistants of the care-giving service although the duties of care worker are not included in the liability stipulated in the medical contract signed with the hospital for reason of clear distinction of duties between care workers and nurses within the hospital in connection with the contract which was entered into between the hospital and patients. In relation to negligence and causal relationship, the court recognized medical negligence associated with the failure to detect the brain tumor due to the negligent interpretation of MRI findings while rejecting the causal relationship with consequential cerebral hemorrhage. The court also recognized negligence based on the observation on the grounds of inadequate medical records in a case involving the hypoxic brain damage caused during the cosmetic surgery. In terms of the scope of compensation for damages, this paper presents the ruling that the compensation should be estimated based on causal relationship only in case the breach of the 'obligation of explanation' is recognized, however rejecting the reparation for de factor property damages in the form of compensation, and the ruling that the lawsuit could be instituted in case that the damages exceeded the agreed scope despite the agreement that the hospital would not be held responsible for any aftereffects of surgery from the standpoint of lawsuit, along with the ruling that recognized the daily net income by reflecting the unique circumstances faced by individual students of Korean National Police University and artists of Western painting. Many rulings were handed down with respect to medical certificate, prescription, etc., in 2013. This paper introduced the ruling which mentioned the scope of medical certificate, the ruling that related to whether the diagnosis over the phone at the issuance of prescription could constitute the direct diagnosis of patient, along with the ruling that required the medical certificate to be generated in the name of doctor who diagnosed the patients, and the ruling which proclaimed that it would constitute the breach of Medical Act if the prescription was issued to the patients who were not diagnosed. Moreover, this paper also introduced the ruling that related to whether the National Health Insurance Service could make claim to the hospitals for the reimbursement of the health insurance money paid to pharmacies based on the prescription in the event that the hospitals provided prescription of drugs to outpatients in violation of the laws and regulations.

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Determinants of Success in Ex-parte and Inter-parte Patent Litigation (발명의 특허성 및 특허의 유효성 분쟁결과에 영향을 미치는 요인분석)

  • Choo, Ki-Neung;Oh, Jun-Byoung
    • Journal of Technology Innovation
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    • v.20 no.3
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    • pp.57-91
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    • 2012
  • This paper investigates determinants of litigation success in the two distinctive types of patent litigations, ex-parte and inter-parte cases, which are brought in the process where a filed application becomes a valid patent right. We regress winning rates of patent applicants on the characteristics of firms, trials, patent lawyer, and patent itself, using a probit model with sample selections. The paper finds that the relative suit rate of a firm, time to be sued, changes of patent agents by applicants, and multiple agents among explanatory variables affect ex-parte reexamination and in-parte post-grant patent trials differently in the point of average marginal effects. These variables lower the probability of applicant's victory in the ex-parte cases, while they raise the probability in the inter-parte trials. However, the experience that agents represent applicants is a winning rate-increasing factor both in inter-parte and ex-parte reexamination, unexpectedly. This result cannot be applied to the entire domain of the variable, since sample selection effects are reflected in the result. The number of claim increases the winning probability of the applicant in the both types of patent litigations. This study has some limitations because it ignores the information on the legal person to which a patent agent belongs, and confined agent's experience to patent filing. We leave it future studies to investigate the effects of lawsuit experience of patent agent, and those of characteristics of the law firm to which individual patent lawyer is affiliated.

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A Study on the Decline of 'Orientating Journalism' in Korean News Media: An Empirical Analysis of News Coverage of Major Newspapers and Terrestrial TV (매체 간 경쟁의 심화에 따른 안내적 저널리즘의 약화: 중앙종합언론의 보도에 대한 실증적 분석)

  • Jang, Ha-Yong
    • Korean journal of communication and information
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    • v.56
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    • pp.48-70
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    • 2011
  • Although many researchers propose that market-driven journalism is incurred by the worsening of financial situation as a result of intensifying competition in mass media industry, few studies investigated this claim with actual news data. This study analyzed the headline news of eight major newspapers and two terrestrial TV companies to find the weakening of 'orientating-journalism' function of Korean news media. The results revealed that the duplication rate of news items among ten news companies were decreasing, and the range of news subjects were broadened into diverse topics during last ten years. Therefore it seemed that the tendency of monopolization of a certain events or issues was weakening in news reporting. The financial situation of news companies is an important factor in explaining the change of news reporting. The companies with more worse financial situation have higher duplication rate of news topics along as the more amount of soft news items, leading to the gradual deterioration of their own voices in reporting. The rate of 'independent issue report' was also less than seven precent, thus their reporting is evaluated as having many limitations. In sum, the major newspapers and network broadcasting companies are still exerting strong influences in agenda-setting, but they(mostly newspapers) are suffering from the financial problems, resulting the deterioration of performing orientation journalism function. This study concluded with remarks about the role of major news media in current changing situation.

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Enforcement of Arbitral Agreement to Non-Signatory in America (미국에 있어서 비서명자에 대한 중재합의의 효력)

  • Suh, Se-Won
    • Journal of Arbitration Studies
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    • v.18 no.1
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    • pp.71-96
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    • 2008
  • Arbitration is fundamentally a matter of contract, whereby contractual parties may only be required to submit a dispute to arbitration pursuant to their formal agreement. However, there are several important exceptions to this rule that have developed under common law notions of implied consent. These doctrines may serve either to benefit or to harm a nonsignatory to an arbitral agreement because either (1) the nonsignatory may compel a signatory to the agreement to arbitrate a dispute or (2) the nonsignatory may be compelled to arbitrate a dispute despite never having signed an arbitration agreement. The Court has a long-standing domestic policy of favoring arbitration, and these doctrines reflect that policy. 1. incorporation by reference An arbitration clause may apply to a party who is a nonsignatory to one agreement containing an arbitration clause but who is a signatory to a second agreement that incorporates the terms of the first agreement. 2. assumption An arbitration clause may apply to a nonsignatory who has impliedly agreed to arbitrate. Under this theory, the nonsignatory's conduct is a determinative factor. For example, a nonsignatory who voluntarily begins arbitrating the merits of a dispute before an arbitral tribunal may be bound by the arbitrator's ruling on that dispute even though the nonsignatory was not initially required to arbitrate the dispute. 3. agency A nonsignatory to an arbitration agreement may be bound to arbitrate a dispute stemming from that agreement under the traditional laws of agency. A principal may also be bound to arbitrate a claim based on an agreement containing an arbitration clause signed by the agent. The agent, however, does not generally become individually bound by executing such an agreement on behalf of a disclosed principal unless there is clear evidence that the agent intended to be bound. 4. veil piercing/alter ego In the corporate context, a nonsignatory corporation to an arbitration agreement may be bound by that agreement if the agreement is signed by its parent, subsidiary, or affiliate. 5. estoppel The doctrine of equitable estoppel is usually applied by nonsignatory defendants who wish to compel signatory plaintiffs to arbitrate a dispute. This will generally be permitted when (1) the signatory must rely on the terms of the contract in support of its claims against the nonsignatory, or (2) the signatory alleges that it and the nonsignatory engaged in interdependent misconduct that is intertwined with the obligations imposed by the contract. Therefore, this article analyzed these doctrines centering around case-law in America.

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THE ROOT CAUSE ANALYSIS PROCESS FOR SCHEDULE DELAY IN CONSTRUCTION (건설공사의 작업지연 원인분석 프로세스)

  • Ji, Kun-Chang;Kim, Chang-Duk;Yu, Jung-Ho
    • Korean Journal of Construction Engineering and Management
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    • v.7 no.5
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    • pp.138-148
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    • 2006
  • In constructing projects, there exist various kinds of work interferences, which cause a delay of the outset and completion of planned schedule because of some attributions, such as variability, uncertainty and complexity, and so schedule delay has been treated as a natural phenomenon. To reduce or prevent the schedule delay, a constant confirmation of schedule delay and a preparation of counter plans for finding out the cause structure of schedule delay should have been done. However, all this time the research has been mostly done on the calculation method or claim cases of schedule delay, and the range of analysis method of the cause structure of schedule delay has been multifarious from industrial views to views of specific work. Moreover, the classifying system and analysis method did not consider the trait, which cause the schedule delay, in constructing projects. For this reason, it is difficult to compare the cause of delay factors of the projects and to understand the effect of schedule delay by each factor. This paper restricts the range of the cause analysis of schedule delay to the field of site management in the projects and divides the cause structure of schedule delay into the cause objects and cause attributes of schedule delay according to the input elements. The system of classifying causes of schedule delay is examined by interviews with experts and questionnaire. Additionally, this paper analyzes the attributes of cause attributes and cause subjects and presents the analysis method and procedure of schedule delay with the application of VSM.

Priority Analysis and Implications on the Early Childhood Teacher's Rights: Comparing the Practical and the Academic Experts Using the AHP (계층분석방법(AHP)을 활용한 보육교사 교권의 상대적 중요도 분석: 실무 및 학계 전문가 비교)

  • Choi, Yang Mi;Park, Mi Kyung;Lee, Hong Jae
    • Korean Journal of Child Education & Care
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    • v.17 no.2
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    • pp.25-44
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    • 2017
  • This study analyzes the relative importance and priorities on the early childhood teacher's rights using hierarchical analysis process(AHP) and suggests the theoretical and practical implications. We conducted the survey of the practitioners and academics in order to provide comprehensive and balanced discussion on the area of early childhood teacher's rights and sub-factors. The results of analyses show that the professional authority is the most important rights of establishing the early childhood teacher's rights. Second, the results show that the rights to guide young children and to decide on a teaching method are more important than other factors in professional authorities. Third, the results indicate that the right to have an their identity and the right of claim for remuneration are more important than others in the Publicness. In the labor factor, the experts emphasize that the right to make union for early childhood teachers is more important than the right of teachers' union for bargaining. These confirm the difference of the perceptions of the relative importance and priority on the areas of early childhood teacher's rights and sub-factors between the practitioners and academics. Based on these findings, we discuss the implications for improving the early childhood teacher's rights.

Immunostimulatory Activity of Agarwood through Activation of MAPK Signaling Pathway in RAW 264.7 Murine Macrophages (RAW 264.7 대식세포에서 MAPKs 신호 전달 경로의 활성화를 통한 침향의 면역 자극 활성)

  • Ji, Seon Yeong;Hwangbo, Hyun;Lee, Hyesook;Koo, Young Tae;Kim, Jin Soo;Lee, Ki Won;Noh, Dong Jin;Choi, Yung Hyun
    • Journal of Life Science
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    • v.31 no.8
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    • pp.745-754
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    • 2021
  • Deterioration of the immune function weakens the body's resistance to various infections, leading to a series of diseases. Immunomodulatory biomaterials have been used to reduce the side effects of immunosuppressants or to enhance immunity. Agarwood is the aromatic resinous portion of Aquilaria trees that has been traditionally used as a medicinal herb for the treatment of various diseases. Although previous studies have shown that agarwood can improve the body's immunity, evidence for this claim is still lacking. In this study, the immune-enhancing effects of the agarwood methanol extracts of Aquilaria malaccensis Lamk were evaluated in a RAW 264.7 macrophage model. Based on the results, the agarwood extracts markedly enhanced phagocytosis in the absence of cytotoxicity. The agarwood extract-treated RAW 264.7 cells exhibited the typical morphology of activated macrophages, which are spindle-shaped with elongated filopodia. Agarwood extract also significantly increased the production of nitric oxide (NO), which is associated with the increased expression of inducible NO synthase. Moreover, the secretion and expression levels of cytokines, such as tumor necrosis factor-α and interleukin (IL)-1β and IL-6, were increased by agarwood treatment. Notably, these are also associated with a mitogen-activated protein kinase signaling pathway. Taken together, our findings provide scientific evidence that agarwood has potential immune-enhancing effects in vitro.