• Title/Summary/Keyword: Conduct Regulation

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Judicial Review on Pre-arbitration Agreement in Terms to Resolve Franchise Dispute (프랜차이즈 분쟁계약상 사전중재합의에 관한 법리적 검토)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
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    • v.29 no.1
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    • pp.3-29
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    • 2019
  • A franchise business is a business in which the owners, or "franchisors," sell the rights to their business logo, name, and model to third party retail outlets, owned by independent, third party operators, called "franchisees." There are a number of features in franchising or terms in franchise agreements that may lead to disputes between franchisors and franchisees. These disputes may arise because of underlying risks in the franchise relationship, franchise agreement, or conduct of the parties. In this case, ADR is an effective way to resolve disputes in a quicker and often less costly way than having to go to court. If an agreement cannot be reached through mediation, then arbitration becomes the next step to resolving the differences. Whereas mediation is non-binding and focused on facilitating the parties to find a resolution that is acceptable to both, arbitration is binding and may result in a decision that is not acceptable to one of the parties. These situations can be resolved through experienced arbitration as arbitration allows franchisees to settle matters promptly and outside of the public eye. In addition, franchise dispute arbitration is usually less costly than going to traditional court. Considering all of these, reaching an agreement will also have typical clauses that address the issue of dispute resolution. It is again a more efficient process than going through the legal process and courts and is often less costly. By going through arbitration, the parties agree to give up their rights to pursue the dispute in the courts. However, there is a problem that the arbitration prior to the agreement and under the terms would be contrary to the restriction of jurisdiction under the "ACT ON THE REGULATION OF TERMS AND CONDITIONS" in Korea.

The Study on control factor of WorldSID 50%ile dummy injury through AE-MDB side crash test (AE-MDB 측면 충돌 시험 시 WorldSID 50%ile dummy 상해치에 대한 제어인자 연구)

  • Hongyul Sun;Pyokyong Han;Jaesu Kim;Kiseok Kim;Ilsung Yoon
    • Journal of Auto-vehicle Safety Association
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    • v.6 no.1
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    • pp.5-9
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    • 2014
  • Over the past ten years, since the introduction of the side crash test regulation in Europe, much research work has been performed internationally to develop new and modified test procedures to improve the level of occupant protection offered by vehicles in side crash test. This research has been co-ordinated and finally contributed to development of an AE-MDB(Advanced European Moving Deformable Barrier) and WorldSID (Worldwide Side Impact Dummy). EuroNCAP(European New Car Assessment Program) has the plan to conduct AE-MDB side crash test using WorldSID from 2015 by replacing Progressive MDB and EuroSID II. Automobile manufacturers need to respond to these changes closely. This paper is to find dominant control factor and analyze it of WorldSID 50%ile dummy injury through AE-MDB side crash test by predicting best and worst condition. And control factors will be validated within EuroNCAP regulations. This paper is analyzed by DFSS(Design for six sigma) which contains 5 control factors and is evaluated by ANOVA with the data as a result of LS-DYNA analysis correlated with crash pulse from 50 kph AE-MDB side crash test using WorldSID 50%ile dummy.

Critical Success Factors for the Adoption of Health Management Information Systems in Public Hospitals in Zimbabwe

  • Caleb Manjeese;Indira Padayachee
    • Journal of Information Science Theory and Practice
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    • v.11 no.2
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    • pp.82-103
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    • 2023
  • The Zimbabwean healthcare sector faces huge challenges due to increased demands for improved services for a growing number of patients with fewer resources. The use of information and communications technologies, prevalent in many industries, but lacking in Zimbabwean healthcare, could increase productivity and innovation. The adoption of health management information systems (HMISs) can lead to improved patient safety and high-level patient care. These technologies can change delivery methods to be more patient focused by utilising integrated models and allowing for a continuum of care across healthcare providers. However, implementation of these technologies in the health care sector remains low. The purpose of this study is to demonstrate the advantages to be attained by using HMISs in healthcare delivery and to ascertain the factors that influence the uptake of such systems in the public healthcare sector. A conceptual model, extending the technology, organization, and environment framework by means of other adoption models, underpins the study of adoption behavior. A mixed method methodology was used to conduct the study. For the quantitative approach, questionnaires were used to allow for regression analysis. For the qualitative approach, thematic analysis was used to analyse interview data. The results showed that the critical success factors (namely, relative advantage, availability, complexity, compatibility, trialability, observability, management support, information and communication technology expertise, communication processes, government regulation, infrastructure support, organizational readiness, industry and competitive support, external support, perceived ease of use, perceived usefulness, attitude, and intention to use) influenced adoption of HMISs in public hospitals in Zimbabwe.

Crossover Food Businesses in Louisiana, United States: A Descriptive Study of Their Characteristics and Food Safety Training Needs From Public Health Inspectors' Perspective

  • Xu, Wenqing;Watts, Evelyn;Bombet, Carolyn;Cater, Melissa
    • Journal of Preventive Medicine and Public Health
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    • v.55 no.3
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    • pp.289-296
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    • 2022
  • Objectives: Integrating retail and manufacturing enables limitless potential for food businesses, but also creates challenges for navigating within complex food safety regulations. From public health inspectors' (PHIs) perspective, this study aimed (1) to describe the characteristics of crossover businesses in Louisiana, and (2) to evaluate regulation awareness and food safety education needs for business owners and PHIs who inspect crossover businesses. Methods: A self-administered questionnaire was administered to Louisiana Department of Health PHIs using Qualtrics®. A descriptive analysis was performed, focusing on the frequency of each item. Results: In total, 1774 retailers were conducting or planned to conduct specialized processes, while 552 food manufacturers were performing or planned to perform retail functions. Reduced oxygen packaging, the use of additives such as vinegar as a method of preservation, and smoking food as a method of preservation were observed by 62%, 36%, and 35% of the PHIs, respectively. The PHIs perceived crossover businesses as "not aware" or "somewhat aware" of the food safety regulations. The current food safety training level for these businesses was reported to range from "no training" to "some training but not sufficient." When asked for a self-assessment, the majority of PHIs reported themselves as being "familiar" with the variance requirement for specialized processing. Their confidence in inspecting crossover businesses, however, leaned towards "not confident" or "somewhat confident." Conclusions: To better guard public health, food safety training is needed for crossover food business owners, as well as PHIs, on regulations and conducting or inspecting specialized processes.

International Legal Regulation on Commercial Space Activity (상업적 우주활동의 국제법적 규제)

  • Lee, Young-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.183-221
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    • 2013
  • While in the early stages of space activities only a few states engaged in the use of outer space, as is well known, commercial space activities have grown dramatically in recent years. Both states, state institutions, and international governmental organizations as well as many private enterprises are engaged in such commercial use of outer space by now. This development is not reflected in the present state of space law. The existing international instruments of space law were developed and finalized before this development and thus only provide very few and sometimes unfitting provisions for the commercial use of outer space and particularly the use by private enterprises. Law formulated in an era when the word "privatization" had not even been coined cannot contain potential problems caused by the increasing commercialization of outer space. For the promotion and further development of such commercial use of outer space it is necessary to clarify and establish the legal framework for such use, because participants will need this information for their future investments in this field. The purpose of this paper is to research and make an analysis of the contents and international regulation of international space commerce, which is rapidly proliferating and to review the process of improvement on national legislations relating to the commercialization of outer space in a few main space advanced countries to make the sustainable progress of commercial space activities project in international society. The legal implications of matters such as international commercial launch services, the liability aspects of such services, intellectual property rights, insurance, product liability insurance and materials processing could one day will be subject to regulated by international space law as well as domestic law. In fact, the question of commercialization is linked to the question of sharing benefits of space activities, and this currently is an agenda item in the Legal Subcommittee of UN COPUOS. Most of developed countries have enacted the national legislation for commercial space activities 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. Becides there are currently three national legislations relating to space development and commercial space activities 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. Commercial space great promise for the utilization and expansion of human outer space activities but aspring commercial actors must recognize that foreign policy, as well as obligations to the international community as a whole, ensure that commercial space activities will not operate in a legal and regulatory vacuum. As commercial space matures the law and accompanying regulation will most certainly evolve and choose to become participants in the inevitable evolution of law and regulation.

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Methods of Record Management for Head of Local Government (광역자치단체장의 기록 관리 방안 연구)

  • Lee, Young-eun
    • The Korean Journal of Archival Studies
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    • no.27
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    • pp.35-88
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    • 2011
  • This study suggested the methods of record management for the heads of local government, which would be the most valuable among local records. In order to conduct a systematic record management for the heads of local government, this study suggested the methods of establishing a record management system regarding regulation arrangement, production registration, preservation, utilization and services. First of all, in order to estimate the record category of the heads of local government, the study examined the duties of the offices of the deputy heads of local government, secretary's offices and information offices, which have been subsidiary & assistance branches in charge of producing the record. In addition, it investigated the present conditions of record management for the heads of local government through the interviews with secretary offices and information offices belonging to 16 cities and provinces and the claims for information disclosure and found out the following problems. They included incomplete record production, non-registration of produced records, abolition of records and taking them out of designated places with due notice, record preservation period regardless of the term of the heads of local government, varied preservation period for the records of the heads of local government by local self-government, short preservation period of primary records and non-management of home pages after the term of the heads of local government. To solve such problems, the study suggested the regulation arrangement for record management and a record management system. The regulation arrangement could be obtained through the establishment of the administrative organization setup condolence etiquette enforcement regulation and the recorders in local government and the revision of operation rules and through the revision of the reference plan for operation rules enactment of recorders from National Archives of Korea. As for the record management system, the study suggested the establishment of production, registration and preservation system of records for the heads of local government and the utilization and services of their records. In order to produce and register the records, the unit assignments should be founded by department in charge of the duties related to the records of the heads of local government on record management criteria, thus letting the staff surely produce and register the records. In terms of utilization and services of the records, the study suggested the use of websites and drawing up the record list, through which each record viewer would be able to figure out which records have been managed through the list services and which services could be given to the residents, thus letting the residents and the heads of local government who finished their term of duties use the records.

Learning from the Licensing and Training Requirements of the USA Private Security Industry : focused on the Private Security Officer Employment Authorization Act & California System (미국의 민간경비 자격 및 교육훈련 제도에 관한 연구 - 민간경비원고용인가법(PSOEAA) 및 캘리포니아 주(州) 제도 중심으로 -)

  • Lee, Seong-Ki;Kim, Hak-Kyong
    • Korean Security Journal
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    • no.33
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    • pp.197-228
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    • 2012
  • The private security industry in Korea has rapidly proliferated. While the industry has grown quickly, though, private security officers have recently been implicated in incidents involving violence, demonstrating an urgent need for systematic reform and regulation of private security practices in Korea. Due to its quasi-public service character, the industry also risks losing the public's favor if it is not quickly disciplined and brought under legitimate government regulation: the industry needs professional standards for conduct and qualification for employment of security officers. This paper shares insights for the reform of the Korean private security industry through a study of the licensing and training requirements for private security businesses in the United States, mainly focusing on the Private Security Officer Employment Authorization Act (hereinafter the PSOEAA) and the California system. According to the PSOEAA, aspiring security officers shall submit to a criminal background check (a check of the applicants' criminal records). Applicants' criminal records should include not only felony convictions but also any other moral turpitude offenses (involving dishonesty, false statement, and information on pending cases). The PSOEAA also allows businesses to do background checks of their employees every twelve months, enabling the employers to make sure that their employees remain qualified for their security jobs during their employment. It also must be mentioned that the state of California, for effective management of its private security sector, has established a professional government authority, the Bureau of Security and Investigative Services, a tacit recognition that the private security industry needs to be thoroughly, professionally, and actively managed by a professional government authority. The American system provides a workable model for the Korean private security industry. First, this paper argues that the Korean private security industry should implement a more strict criminal background check system similar to that required by the PSOEAA. Second, it recommends that an independent professional government authority be established to oversee and enforce regulation of Korea's private security industry. Finally, this article suggests that education and training course be implemented to provide both diverse training as well as specialization and phasing.

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Voltage-Dependent Ionic Currents and Their Regulation by GTP and Phorbol Ester in the Unfertilized Eggs of Mouse and Hamster

  • Kim, Ik-Hyun;Kim, Yang-Mi;Haan, Jae-Hee;Park, Choon-Ok;Hong, Seong-Geun
    • The Korean Journal of Physiology
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    • v.27 no.1
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    • pp.93-105
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    • 1993
  • The present study was performed to investigate the properties of ionic currents elicited by voltage pulses in the unfertilized eggs of mouse and hamster by using the whole cell voltage clamp techniques and to find out if there are any differences in properties between eggs of the two rodents. In addition, the modulatory effect of G proteins and protein kinase C (PKC) on the ionic channels were observed. The inward current in hamster eggs was shown to be due to $Ca^{2+}\;current\;(i_{ca})$). The current voltage relations of these currents in hamster egg were analogous to those in mouse eggs. The amplitude of $i_{ca}$ in the hamster egg was larger than that in the mouse egg ($-3.12{\pm}1.07\;nA\;vs.\;-1.71{\pm}0.71\;nA,\;mean{\pm}\;SD$). These results suggest that the $Ca^{2+}$ channels in both kinds of eggs have similar channel properties but their density, and/or conduct ance per unit area is higher in hamster eggs than in mouse eggs. Outward currents in eggs of both mouse and hamster were carried by $K^+$. In hamster eggs, they appeared to comprise at least two components; a transient outward component ($i_{to}$) and a steady state component ($i_{\infty}.$ The $i_{to}$ was found to be dependent on intracellular $Ca^{2+}$ concentration; whereas on the other hand $i_{\infty}\;was\;Ca^{2+}$-independent. $Ca^{2+}$ currents were increased in eggs treated with GTP (or $GTP{\gamma}S$) or fluoroaluminate ($AIF_4^-$). In the hamster egg these increments were antagonized by GDP (or $GDP{\beta}S$) application. In contrast to the enhancement of $i_{ca},\;i_k$ was reduced following GTP (or $GTP{\gamma}S$) perfusion in mouse eggs. The transient component ($i_{to}$) in hamster eggs was increased by adding GTP but decreased by phorbol ester, TPA or dioctanoyl glycerol (DOG). Simultaneous application of $GTP{\gamma}S$ and DOG suppressed $i_{to}$ more effectively than a single application or DOG or TPA. From the above results, we have shown that ionic currents elicited by voltage pulses existed in the unfertilized eggs of mouse and hamster. There are at least two types of currents, $i_{ca}\;and\;i_k$ in mouse eggs, while three types, $i_{ca},\;Ca^{2+}$-dependent $i_k$ and $Ca^{2+}$-independent $i_k$ exist in hamster eggs. ionic channels in these eggs may be regulated either directly by GTP and PKC or indirectly by the substances linked with GTP and PKC.

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Effects of an aqueous extract of purple sweet potato on nonalcoholic fatty liver in high fat/cholesterol-fed mice (고지방/고콜레스테롤 식이를 섭취한 마우스에서 자색고구마 열수추출물 보충이 지방간 저항성에 미치는 영향)

  • Lee, You Jin;Yang, Yoon Kyoung;Kim, You Jin;Kwon, Oran
    • Journal of Nutrition and Health
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    • v.48 no.1
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    • pp.1-8
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    • 2015
  • Purpose: Anthocyanins from purple sweet potato (PSP) have been investigated in vitro and in animals and found to have a protective effect against oxidative hepatic damage. In this study, we investigated that aqueous extract of PSP can ameliorate the dysfunction of lipid metabolism in mice fed a high fat/cholesterol diet. Methods: Forty C57BL/6J mice were randomly divided into 5 groups (n = 8) and fed one of the following diets for 8 weeks; normal fat (NF) diet; high fat/cholesterol (HFC) diet; HFC with 1.25% PSP (HFPL) diet; HFC with 2.5% PSP (HFPM) diet; HFC with 5% PSP (HFPH) diet. Results: Non-alcoholic fatty liver was manifested in the HFC group by showing increased levels in plasma alanine aminotransferase (ALT) activity, total cholesterol (TC) and low density lipoprotein cholesterol (LDL-C), increased level of TC and presence of many large lipid droplets in the liver, and increased fat cell size in the HFC group compared with the NF group. However, administration of HFC induced a significant decrease in food intake, resulting in decrease in fat mass. Co-administration of PSP did not lead to reversal of body weight changes, ALT activity, and lipid levels in plasma and the liver, but suppressed excess enlargement of the fat cell size through increasing carnitine palmitoyltransferase-1 (CPT-1) gene expression in the liver. Accordingly, the number of fat droplets in the liver was reduced in PSP administered groups. Conclusion: Taken together, these results suggest that PSP may have a protective effect on the dysfunction of lipid metabolism. Conduct of further studies on the coordinated regulation of PSP for lipid metabolic homeostasis at the liver-adipose tissue axis is needed.

Market Growth, Competition, and Distribution Structure in Major Cities of the East Sea Rim (환동해지역 거점도시에서의 시장성장과 경쟁 및 유통구조: 후쿠오카, 울산 및 옌지의 시장을 중심으로)

  • Choi, Young-Jin
    • Journal of Distribution Science
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    • v.13 no.2
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    • pp.95-104
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    • 2015
  • Purpose - This is a comparative study of the market development and characteristics of Ulsan in South Korea, Fukuoka in Japan, and Yanji in China, which are major East Sea Rim cities with adjacent areas of similar natural characteristics of the sea and the country. Particularly, it considers these aspects while focusing on the evolution of networks that appear in the distribution system and at the same time examining the institutions of market activation and regulations that are handled by the central and the local government and the changing logistics due to the development of transportation and the concern of food safety, using a meso-analysis approach. Research design, data, and methodology - The study used a historical and comparative approach with a focus on case studies. It made use of various materials such as local newspaper articles, reports, literature, interviews with experts, discussions with local merchants, discussions with customers, and so forth. Results - In the case of Fukuoka, from the 1960s, due to the entry of supermarkets, supermarkets expanded and they have now come to a dominant market position in the current market. They offer a convenient and comfortable environment while providing a large mall offering a variety of educational and cultural activities for customers to meet the customers' needs, such as the preferences of Korean tourists, who appear to prefer Japanese foods. The Fukuoka City Central Wholesale Market has been exporting fruits and vegetables as well as seafood products to Korea, China, and so forth. In the case of Ulsan, as in the early 2000s, due to the expansion of supermarkets, the traditional markets have been shrinking and further, the modernization of traditional markets was conducted under the auspices of the Small Business Administration. In addition to the large discount malls, the expansion of SSM is expected to further drive the small trader bay. Shopping malls, department stores, and traditional markets contend with each other in Yanji, China, but a large number of citizens appear to prefer traditional markets and imported milk in the supermarket after the melamine scandal in China. Recently, the WanYuan (萬源) wholesale market has been partially completed and made an attempt to become a logistics hub in Northeast Asia. Conclusions - For the development of Korea's retail industry, it is important to offer the government with proposals regarding desired regulation. On the other hand, in order to enable the business of traditional markets, it requires an association for cultural tourism. At present, it would be better to provide a venture fund for the youth rather than infrastructure support. This study emphasizes the importance of institutions and policy to develop networks in the East Sea Rim. Future studies should conduct a survey on customers, managers, and merchants more carefully and systematically to understand the market situation while considering the size of the city and its evolution of markets, as well as policies and institutions.