• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.455-492
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• 2009

(Background) Recent biotechnological breakthroughs are shedding new lights on various ethical and legal issues about human biological material. Since Rudolph Virchow, a German pathologist, had founded the medical discipline of cellular pathology, issues centering around human biological materials began to draw attention. The issues involving human biological materials were revisited with more attention along with series concerns when the human genome map was finally completed. Recently, with researches on human genes and bioengineering reaping enormous commercial values in the form of material patent, such changes require a society to reassess the present and future status of human tissue within the legal system. This in turn gave rise to a heated debate over how to protect the rights of material donors: property rule vs. no property rule. (Debate and Cases) Property rule recognizes the donors' property rights on human biological materials. Thus, donors can claim real action if there were any bleach of informed consent or a donation contract. Donors can also claim damages to the responsible party when there is an infringement of property rights. Some even uphold the concept of material patents overtaking. From the viewpoint of no property rule, human biological materials are objects separated from donors. Thus, a recipient or a third party will be held liable if there were any infringement of donor's human rights. Human biological materials should not be commercially traded and a patent based on a human biological materials research does not belong to the donor of the tissues used during the course of research. In the US, two courts, Moore v. Regents of the University of California, and Greenberg v. Miami Children's Hospital Research Institute, Inc., have already decided that research participants retain no ownership of the biological specimens they contribute to medical research. Significantly, both Moore and Greenberg cases found that the researcher had parted with all ownership rights in the tissue samples when they donated them to the institutions, even though there was no provision in the informed consent forms stating either that the participants donated their tissue or waived their rights to ownership of the tissue. These rulings were led to huge controversy over property rights on human tissues. This research supports no property rule on the ground that it can protect the human dignity and prevent humans from objectification and commercialization. Human biological materials are already parted from human bodies and should be treated differently from the engineering and researches of those materials. Donors do not retain any ownership. (Suggestions) No property rule requires a legal breakthrough in the US in terms of donors' rights protection due to the absence of punitive damages provisions. The Donor rights issue on human biological material can be addressed through prospective legislation or tax policies, price control over patent products, and wider coverage of medical insurance. (Conclusions) Amid growing awareness over commercial values of human biological materials, no property rule should be adopted in order to protect human dignity but not without revamping legal provisions. The donors' rights issue in material patents requires prospective legislation based on current uncertainties. Also should be sought are solutions in the social context and all these discussions should be based on sound medical ethics of both medical staffs and researchers.

• Korean Journal of Social Welfare
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• v.57 no.2
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• pp.185-204
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• 2005

In a period of rapid change, transition and re-definition of care concept, this study reviewed social policies on care providers in the UK. In the face of care crisis, the British government has made a radical reform of the care system and enacted new legislations. In the UK social policy, care providers are classified into carers and care workers. Carers mean informal caregivers and care workers are those who are paid for providing care as part of a contract of employment. Recently, the United Kingdom has given carers recognition and reward. To enhance the status and right of carers, the Carers (Recognition and Services) Act 1995, the strategy document Caring about Carers 1999, Carers and Disabled Children Act 2000, and Carers (Equal Opportunities) Act 2004 have been enacted. At the heart of the policy for carers is the idea of active citizenship, carers-friendly employment and work-life balance etc. In case of paid care worker, government's focus seems to be on quality of employment. The government has established a new national infrastructure for quality. The five national bodies founded on Care Standards Act 2000 has been established. The UK government has realized care work would play an important part in job creation strategy. In this article, we have presented several criticisms and issues of current care policy in UK.

• Journal of Distribution Science
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• v.13 no.4
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• pp.65-76
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• 2015

Purpose - This article aims to present and test a model regarding franchisors' supporting activities that may positively influence franchisees' attitude toward the franchising headquarter and their own business performance. Moreover, the authors examine the moderating effect of competitive intensity between franchisee attitude and business performance. Most previous research focused on behavioral performance measurements such as satisfaction, trust, and commitment. There are few empirical studies that focus on financial performance data because it is difficult to determine a relational mechanism between behavioral and financial performance. Moreover, financial data is confidential and difficult to collect in many cases. However, this study measures financial performance (e.g., sales revenue per square meter) differently than most previous research, which is mostly focused on the behavioral performance measurements. Research design, data, and methodology - To test our hypotheses, we selected 137 franchisee managers who are running chains of one of the foremost bakery franchise brands in South Korea. This study carefully investigated the reliability, content validity, convergent validity, and discriminant validity of the proposed instrument by analyzing the data obtained from the samples. The data was analyzed using the AMOS structural equation modeling program. Results - The results indicated that: non-financial support activities (e.g., information exchange and communication) had a positive impact on the franchisee attitude toward the franchising headquarter. The franchisee attitude in turn had a positive effect on the headquarters' business performance. Furthermore, competitive intensity could enhance the relationship between franchisee attitude toward franchising headquarter and business performance in a local franchise market. However, financial support activities (e.g., rewards and promotional support) and training had no relationship with either franchisee attitude or business performance. Conclusions - This study provides some practical implications to franchisors in terms of franchise operation and store opening strategies. With respect to the franchise operation strategy, franchisors need to focus on non-financial rather than financial support. Most franchisees consider the necessity of financial support activities and not their sufficiency because these activities are specified in their franchise contract. In addition, it is important for franchisees to maintain a positive attitude for the franchise headquarters. The franchisees with a positive attitude for the franchisor can show a high degree of solidarity for various support activities, and it consequently determines franchisees' sales performance. In terms of franchise store opening strategy, this study suggests an additional criterion that can be considered in determining the location of direct and non-direct management stores (e.g., franchisees' stores). In this research, franchise stores located within high level of competitive intensity are shown to have a high relationship between franchisee attitudes of franchisor support activities and business performance compared to the franchisees located within low competitive intensity level. This result shows that opening non-direct franchise stores is more effective than direct stores in higher competitive market situations. Research contribution, implications, and further research directions are discussed at the end of the paper.

• Journal of Advanced Marine Engineering and Technology
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• v.38 no.6
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• pp.632-638
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• 2014

Nowadays, as part of an effort to increase the efficiency of propulsion shafting system, the revolution of the main diesel engine in CMCR(Contract Maximum Continuous Rating) is reduced whereas the stiffness of hull structure supporting the main diesel engine is relatively flexible. However, vibration problems related with resonant response of main diesel engine are increasing although top bracing is installed between the main diesel engine and the hull structures to increase natural frequency of engine body above CMCR to avoid resonant phenomenon. In this study, the dynamic characteristic of top bracing is reviewed by analyzing measuring results of general cargo ships which apply the hydraulic type instead of the friction type to control the natural frequency and the vibration of the engine body. Moreover, considering the vibration characteristic of the engine body and the hydraulic type of the top bracing by varying the number of top bracing, authors suggest the more effective way to control the vibration of the engine body despite of lower stiffness of the hull structure than in the past when the hydraulic type of top bracing is used.

• Korean Journal of Construction Engineering and Management
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• v.2 no.3 s.7
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• pp.92-100
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• 2001

The architectural drawing, construction project specification, etc. are included in the contract of a documents. However, construction project specification, for being documentation, is not utilized to such an extent. The reason is that specification information is difficult in collecting information in relation to the architectural drawing, material finishing list and other architectural information. Therefore, an integrated model, which can be associated with other architectural information, is needed, and a DB based on this integrated model must be established in order for it to be utilized in design, construction, and management. The DB, which is established through this process, must be updated according to modification in design, and construction. Furthermore the specification must be in document on the web for reference. Consequently in this research, the structure of integrated model has been introduced, and it has made the search and preparation of the integrated model on the Internet, using the specification information DB established for the mutual reference of DB, possible. The improvements of construction project specification standards are expected by this system. Also, it will bring about Improvements upon claim prevention, and design, construction, management qualities. Furthermore, it will make the use of information more convenient in practical business such as order agency, design service and building site.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.21 no.4
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• pp.201-209
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• 2020

In this study, issues related to changes in base year, which have controversial effects on fees in service contracts, were reviewed. In this regard, sensitivity analysis was conducted on the effects of changes in base year on conversion factor by type. The benefits and disadvantages of each specific type of medical institution were examined. Main conclusions are as follows. First, changing the base year to be closer to the present time had a beneficial effect on the conversion factor of hospitals. Second, changing the base year to be closer to the current point of time had an adverse effect on the conversion factor of pharmacies and clinics and had a significant adverse effect on clinics. Third, assuming that a single conversion factor is collectively applied to all types, a favorable effect occurred in all cases when the base year was changed to be closer to the present time. Base year changes can bring about conflicts of interest between insurer and providers, and within providers. Therefore, changing the base year should be pursued upon mutual agreement on a reasonable basis for resource allocation. In addition, it is necessary to provide incentives for temporary compensation for the types of losses incurred.

• Journal of Internet Computing and Services
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• v.20 no.6
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• pp.129-135
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• 2019

Recently, studies have been conducted to improve the m-commerce process in the NFC-based mobile environment and the increase of the number of smart phones built in NFC. Since authentication is important in mobile electronic payment, FIDO(Fast IDentity Online) and 2 Factor electronic payment system are applied. In addition, block-chains using distributed raw materials have emerged as a representative technology of the fourth industry. In this study, for the mobile gallery auction of the traders using NFC embedded terminal (smartphone) in a small gallery auction in which an unspecified minority participates, password-based authentication and biometric authentication technology (fingerprint) were applied to record transaction details and ownership transfer of the auction participants in electronic payment. And, for the cost reduction and data integrity related to gallery auction, the private distributed director block chain was constructed and used. In addition, domestic and foreign cases applying block chain in the auction field were investigated and compared. In the future, the study will also study the implementation of block chain networks and smart contract and the integration of block chain and artificial intelligence to apply the proposed method.

• Korean Journal of Construction Engineering and Management
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• v.14 no.4
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• pp.24-34
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• 2013

Since 2004, the government decided to gradually introduce Actual Cost Data into cost estimate for improving problems of below-cost tendering and to reflect fair market price through competition and carry contract efficiently. However, there are many concerns that Actual Cost Data has not reflected real market price, even that has contributed to reduce the government's budget. General construction firm's burden for labor cost is imputed to specialty contractors and eventually it becomes construction worker's burden. Therefore, realization of Actual Cost Data is very important factor to settle this system. To understand realization level and make short term forecast, this paper drew construction group of which labor cost constitutes more than 95% of direct cost, and compares their Actual Cost Data with relevant skilled workers's unit wage and predicts using time series analysis. The bid price which is not be reflected market price accelerates work environment changes and leads to directly affect such as late disbursement of wages, bankruptcy to workers. Therefore this paper is expected to be used to the preliminary data for solving the problem and establishing improvement of Actual Cost Data.

• Korean Journal of Construction Engineering and Management
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• v.14 no.5
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• pp.84-91
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• 2013

In 2012, Korean overseas construction market has achieved 64.9 billion dollars of contract order and its amount has increased since the mid 2000's. However, importance of qualitative growth based on profitability as well as quantitative growth is also emphasized. This study analyzed overseas plant project's subcontract process management which is closely related to cost management as one of the qualitative growth methods. In order to select major subcontract processes, extensive literature review and focus group interview(FGI) were implemented and then professionals with years of experience in the overseas plant projects were participated in the questionnaire survey. The collected data were analyzed by Benefit-Structure Analysis(BSA) model. The findings of this study include: (1) the seven and six subcontract processes are positioned in the area of importance control factor and in the area of maintenance/control factor, respectively; (2) administration capability attainment is needed for the six subcontract processes in the area of importance control factor and sustainable management system is required for the processes in the maintenance/control factor area. The further research will identify key subcontract processes to be managed for overseas plant projects by Korean EPC contractors based on the findings of this research.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.32 no.5D
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• pp.493-498
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• 2012

Korean construction companies have maintained stable market share based on high technology and cost competitiveness although international construction market has been stalled due to increasing global economy uncertainties. However, Korean construction companies have relied heavily on the general types of projects in Middle East and Asia although the portion of different types of projects such as Build-Transfer-Operate (BTO), Build-Transfer-Lease (BTL), and Public-Private-Partnership (PPP) has been increasing in the market. When delivering huge projects requiring contractors deal with activities from project planning to operation, securing finance sources and profitability is deemed critical. Therefore, Korean construction companies need more attentions on the construction market supported by Multilateral Development Banks. However, Korean construction companies have not utilized effective strategies for the market entry and also government supportive policies are not useful enough to help construction companies. This study aims both to analyze the contract structure of Korean construction companies for presenting critical factors that need to be prepared and to suggest various methods that can be applied to support construction companies that have much interest in the Multilateral Development Banks. According to the results of study, it is important that Korean government provide structural information system, make a specialized organization, prevent over-heating among Korean construction companies, and collaborate with Official Development Agency. In addition, it appeared that the fairness and financial stability of project have recognized main advantages of the Multilateral Development Banks.