• Journal of Arbitration Studies
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• v.17 no.1
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• pp.57-75
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• 2007

Ever since franchising emerged in the industry of distribution, it has been growing explosively in the U.S.A. and all other countries as well. It is a method of expanding a business by licensing independent businessman to sell the franchiser's products and/or services or to follow a format and trade style created by the franchiser using the franchiser's trade marks and trade names. Franchising is a form of business that touches upon many different areas of law including, but not limited to, general contract law, general principles of commercial law, law of intellectual property, competition law, fair trade practices law and other industry specific laws e.g., the Fair Practices in Franchising Act in Korea. Arbitration is a long established, legally recognized procedure for submitting disputes to an outside person(s), mutually selected by the parties, for a final and binding decision. Despite its merits as an alternative dispute resolution, it has been criticized, on the other hand, particularly by franchisees' attorneys on the ground that even though it is required to protect the franchisees against the enforcement of pre-dispute arbitration agreements because of the franchisees' paucity of bargaining power vis-a-vis the franchiser, arbitration cannot afford it. Until recently, however, little has been written about the legal issues pertaining to franchise agreement and arbitration clause contained therein in Korea. This treatise reviews the cases and arguments in relation to the subject especially of the U.S.A., which have been accumulated for decades. The issues addressed herein are the pre-emption by the FAA, the disputes to be arbitrated, the selection and qualification of arbitrators, the place of arbitration hearings and the evidentiary rules applicable, the expenses of arbitration, theory of fiduciary duty and the like, all of which are relevant to franchise agreement.

• Journal of Korean Society of Forest Science
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• v.105 no.3
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• pp.360-365
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• 2016

The purpose of this study is to provide the basic information for the early enforcement and extension of the improvement project of management scale of private forest land by understanding the characteristics of forest owners, who have an influence on the participation of the project as one of the private forest management vitalization plans. To achieve this goal, a questionnaire survey targeting 373 forest owners was conducted and analyzed by Binary-Logistic Regression. The variables for binary-logistic regression included gender, age, academic ability, occupation, income, residence, purpose of forest ownership, and status of cooperative membership. As a result of the analysis, 267 forest owners (71.6%) of total 373 forest owners have the intention to participate in the scaling project for private forest management. The rest of forest owners (106 forest owners, 28.4%) would not be willing to participate in the project. As a result of binary-logistic regression, the most important variables, which have an impact on the participation of private forest management scale improvement project, are age, job and forest own purpose.

• Journal of Arbitration Studies
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• v.23 no.4
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• pp.55-76
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• 2013

This study aims to analyze the main features of Mongolian arbitration system compared with Korean Arbitration Law which was revised under the UNCITRAL Arbitration Model Law. On the basis of this comparative study, certain differences are suggested: First, the environment of Mongolian arbitration is still insufficient in terms of its operation and usage at the international level. Second, the Mongol National Arbitration Court has established Ad-hoc Arbitration Rules and has promoted Ad-hoc Arbitration although it is an institutional arbitration organization. Third, the arbitration objects are defined as the types of tangible and intangible assets in Mongolia which are different from those of the Korean Arbitration Law. Accordingly, court and officer disputes, family disputes, labor-management relations, and criminal matters are covered by the arbitration objects. Fourth, Mongol Arbitration Law specifies the following persons disqualified for arbitrator appointment: the member of the Constitutional Court, judge, procurator, inquiry officer, investigator, court decision enforcement officer, attorney, or notary who has previously rendered legal service to any party of the disputes, and any officials who are prohibited by laws to be engaged in positions above the scope of their duties. Fifth, the arbitrator selection and appointment criteria should be documented, and the arbitrator should have the ability to resolve the disputes independently and fairly and achieve concord from both parties. Sixth, if there is no agreement between the parties, the arbitration language should be Mongolian, and the arbitral tribunal has no power to decide on it. Seventh, despite the agreement for a documentary hearing between the parties, there should be provided opportunities for an oral hearing if either of the parties requires it. Eighth, if the parties do not understand the language of the arbitration, the parties can directly ask the translation service. They should also keep secrets in the process of arbitration. Ninth, the cancellation of arbitral award is allowed by the application of the parties, not by the authority of the court. Except for the nine differences above, the Mongolian arbitration system is similar to that of the Korean Arbitration Law. This paper serves to contribute to the furtherance in trade relationship between Mongolia and Korea after the rapid and efficient resolution of disputes.

• Imaging Science in Dentistry
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• v.35 no.4
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• pp.185-190
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• 2005

Purpose: Once the decision has been made to adopt an integrated medical information system (IMIS), there are a number of issues to overcome. Users need to be aware of the impact the change will make on end users and be prepared to address issues that arise before they become problems. The purpose of this study is to investigate the benefits and unexpected problems encountered in the implementation of IMIS and to determine a useful framework for IMIS. Materials and Methods: The Yonsei University Dental Hospital is steadily constructing an IMIS. The vendor's PACS software, Piview STAR, supports transactions between workstations that are approved to integrating the healthcare enterprise (IHE) with security function. It is necessary to develop an excellent framework that is good for the patient, healthcare provider and information system vendors, in an expert, efficient, and cost-effective manner. Results : The problems encountered with IMIS implementation were high initial investments, delay of EMR enforcement, underdevelopment of digital radiographic appliances and software and insufficient educational training for users. Conclusions: The clinical environments of dental IMIS is some different from the medical situation. The best way to overcome these differences is to establish a gold standard of dental IMIS integration, which estimates the cost payback. The IHE and its technical framework are good for the patient, the health care provider and all information systems vendors.

• Korean Journal of Construction Engineering and Management
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• v.9 no.2
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• pp.136-145
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• 2008

Recently the Ministry of Finance and Economy of Korea launched two new project delivery systems called "Best Value Contract (Design-Bid-Build)" and "Bridging Contract (Design-Build)" in October of 2007 by revising enforcement ordinances of "Act on Contracts to Which the State is a Party". These project delivery systems require the bidders to submit technical proposal adjusted to the project characteristics and objectives for selecting the contractor by evaluating technical proposals. This research aimed to suggest guideline to effectively operate the project delivery systems described above. To reach the goal of the research, the framework of the operation model was developed, which includes the four categories: the standard bidding process, the technical proposal requirements, the technical proposal evaluation criteria, and the award methods. The contents of the four categories above were fulfilled throughout conferring with the advisory experts. In particular, the award methods, which are the important decision-making factor in the perspective of the owner, consist of four types: Low Bid-Fully Qualified, Weighted Criteria, Adjusted Bid, and Adjusted Score. The quantitative features and application criteria of these four types of award methods were suggested throughout the simulation using the virtual case.

• Journal of Korean Library and Information Science Society
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• v.28
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• pp.385-413
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• 1998

This study aims to analyze categorically social and ethical problems related to the recent development of information technology and, then to propose measures to prevent the spread of the problems. For this purpose, the study examines the information ethics and information-related ethical education in some of the advanced countries and suggests a measure to establish a desirable information ethics which, through the roles of information experts can increase the convenience of the information society. Particularly, information should have been used in the right manner but it is not. This has caused legal and technical problems and now there is a need for cultural, societal and ethical changes. In fact, new technology and legal - institutional devices may solve those problems caused by the development. However, we should recognize the importance of human in life by taking expected social efforts into broader consideration. it is to be desired, above all, that ethical problems should be discussed toward respecting the interests of both indivisuals and society with the protection of the illegal circulation of unlawful and unhealthy information. Consequently, in order to solve those problems, it is required that remove the negative effects both information providers and users themselves through the enactment and enforcement of information ethics doctrine. The reason is that professionals' decision may be more specific than others. Therefore, specialists who work information fields including computers should reevaluate the a n.0, pplication of ethics and make new regulations. By doing this the rightful advancement of information culture can be accomplishmented and responsible infortizen can be created. Futhermore, primary schools and other institutions, which train technical communication specialists, should teach technical skills, computers, as well as ethnological consciousness when they use information mediums.

• Journal of the Korea Society of Computer and Information
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• v.26 no.11
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• pp.227-232
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• 2021

The 「Act on Special Cases concerning the Punishment of Crimes of Domestic Violence」 still has various problems in the legal system and enforcement process. Contrary to the original intention of the legislation, it is operated very passively in terms of state intervention and punishment of domestic violence actors in actual operation. Even if it is treated as a home protection case, if you look at the details of the protection disposition, there is a problem that the decision on the protection disposition is biased towards a specific type of protection disposition. In order to improve this, the need for cooperation and active intervention between state agencies is required. In addition, it is necessary to establish a legal basis for a request for personal protection by recognizing the status of a victim who reported domestic violence as a crime reporter. In addition, in order to secure the effectiveness of the protective disposition, it is necessary to strengthen sanctions for non-compliance or violations of the protective disposition.

• Journal of Climate Change Research
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• v.7 no.3
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• pp.269-282
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• 2016

Watershed area can be submerged due to constructions and management of dams, and these change can impact not only on ecosystem and environment of river basin area but also on local climate. This study is conducted to construct and classify climate zones of Andong Dam watershed where the area is submerged due to the construction of the dam. By applying Principal Components Analysis (PCA) and Getis-Ord $Gi^*$ statistics, three climate zones were classified for the result. Each zone was then analyzed and validated with climatic and geological features including topography, land cover, and forest type map. As a result of the analysis, there was a difference in temperature, elevation, precipitation and tree species distribution among the zones. Also, an analysis of land cover map showed that there were more agricultural land near Andong Reservoir. This study on the climatic classification is considered to be useful as the basis for decision-making or policy enforcement regarding ecosystem, environmental management or climate change response.

• Journal of Korean Society of Transportation
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• v.27 no.3
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• pp.111-118
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• 2009

Factors causing traffic accidents are various and traffic law violations can be among them. The efforts to increase traffic law obedience rates of drivers are common in many other countries to reduce traffic accidents, and one of generally applied methods is to increase the amounts of violation fines. Expensive levels of traffic law violation fines could have drivers choose "obey the law" in their decision-making stages since they are economically better-off by following the law. In this sense, this study has developed an economic model to verify whether the current levels of the traffic violation fines of Korea are effective for drivers to choose "obey-the-law" decisions. Speed violations and traffic signal violations have been selected for the case study to verify the relationships between "expected probabilities of being-caught" and "levels of violations fines".

• Journal of Environmental Health Sciences
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• v.38 no.1
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• pp.66-72
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• 2012

Objectives: The AHERA method by the US EPA, ASTM E2356-04, and HSG264 by the UK HSE, all of which are hazard/risk assessment methods for asbestos-containing building materials, were reviewed and compared based on 231 homogeneous areas. In addition, the current Act on Asbestos Safety Management (enforcement: April 29, 2012) was reviewed and analyzed. This trial provided fundamental data for improving the current asbestos hazard/risk assessment method. Methods: For the hazard/risk assessment of 77 asbestos-containing public buildings including schools, 231 homogeneous areas were selected, each of which was assessed using AHERA, ASTM E2356-04, and HSG264. Results: The matching rate of the hazard/risk assessment stood at 20.4 percent between AHERA and ASTM, at 71.4 percent between AHERA and HSG264 and at 17.8 percent between ASTM and HSG264. The AHERA method includes a seven-category rating scale. There were three categories, two of which have three subcategories. ASTM provides two decision-making charts consisting of ten rating scales for current condition estimation and for potential for disturbance estimation. In addition, the HSG264 method has a total of 20 scores with four items, and then provides four grades. This HSG264 method cannot clearly separate current condition and potential for disturbance. Conclusions: In the Korean Act on Asbestos Safety Management, the hazard/risk assessment method for asbestos-containing building materials should consider balance between current condition estimation and the potential for disturbance estimation.