• KSII Transactions on Internet and Information Systems (TIIS)
• /
• 제11권2호
• /
• pp.865-882
• /
• 2017

To improve passenger convenience and safety, today's vehicle is evolving into a "connected vehicle," which mounts various sensors, electronic control devices, and wired/wireless communication devices. However, as the number of connections to external networks via the various electronic devices of connected vehicles increases and the internal structures of vehicles become more complex, there is an increasing chance of encountering issues such as malfunctions due to various functional defects and hacking. Recalls and indemnifications due to such hacking or defects, which may occur as vehicles evolve into connected vehicles, are becoming a new risk for automakers, causing devastating financial losses. Therefore, automakers need to make voluntary efforts to comply with security ethics and strengthen their responsibilities. In this study, we investigated potential security issues that may occur under a connected vehicle environment (vehicle-to-vehicle, vehicle-to-infrastructure, and internal communication). Furthermore, we analyzed several case studies related to automaker's legal risks and responsibilities and identified the security requirements and necessary roles to be played by each player in the automobile development process (design, manufacturing, sales, and post-sales management) to enhance their responsibility, along with measures to manage their legal risks.

• 동아시아경상학회지
• /
• 제9권1호
• /
• pp.53-61
• /
• 2021

Purpose - This study aims to understand the phenomenon called "regional multinational" in the geographical expansion of multinational enterprises and to find some evidence whether globalization of multinational enterprises tends to have a strong home region bias. Research design, data, and methodology - Through an in-depth case analysis, we analyze the series of strategic behaviors Wal-Mart made in South Korea from its entry in 1998 to its withdrawal in 2006. Then, we discuss the plausible causes of this exit, seeking to provide some evidence on the "regional multinational" phenomenon. Result - This study finds some evidence on the regional-based expansion of multinational enterprises. Our case study shows that Wal-Mart in South Korea focused on global standardization strategy and made an exit from the market as they were faced with increasing localization demands. From the perspective of multinational enterprises' globalization strategy, Wal-Mart's exit from the South Korean market can be considered as a strategic exit. Conclusion - The findings of this study suggest that while national responsiveness and localized adaptation are considered as a panacea for penetrating international markets, in reality most multinational enterprises attempt to add value primarily by capitalizing on similarities across markets and remain as regional multinationals.

• Journal of Korea Trade
• /
• 제26권5호
• /
• pp.88-105
• /
• 2022

Purpose - This paper studies whether economic sanctions can be used as grounds for a party to an international sales contract to get an exemption if he fails to meet his contractual obligation. Because the answer can differ depending on the governing law of the contract, this study focuses on CISG, the most widely recognized international uniform legal instrument as the governing law of the international sale of goods. Design/methodology - This paper focuses on analyzing the conditions to meet before getting an exemption under CISG. For such analysis, this paper examined various scholarly writings, cases, and hypothetical examples reflecting a wide variety of economic sanction measures. Findings - The findings of this paper are as follows. The main provision for exemption under CISG is Article 79(1), which provides for an exemption for a party that failed to perform if such failure was caused by an impediment that was uncontrollable, unforeseeable, and unavoidable; either a seller or a buyer may rely on the Article for his non-performance, delay, or defective performance. The Article is applicable not only where the economic sanction caused impossibility of performance but also where it caused hardship. The economic sanction will likely be found to be an uncontrollable impediment; however, it will be relatively more difficult to prove it to be unforeseeable or unavoidable. Originality/value - The subject of this paper is whether a party can be exempted from liability under CISG when he fails to perform his contractual obligations due to economic sanctions. Given that this issue is now actually faced by many involved in international trade, it is expected to provide practical help to practitioners and companies alike.

• Journal of Korea Trade
• /
• 제27권1호
• /
• pp.176-191
• /
• 2023

Purpose - When recovered through arbitration a contractual penalty that is disproportionately high can become grounds for challenging an arbitral award or an obstacle to its enforcement within Russian jurisdiction. This article investigates how violation of the principle of proportionality can affect the enforcement and challenging of arbitral awards in Russia. Based on the examination of the current legislation, along with the analysis of recent court cases on the subject, the ultimate object of this article is to discern practical recommendations for Korean practitioners who are looking to challenge and/or enforce arbitral awards in Russian courts. Design/methodology - The research process included the reviewing of current Russian legislation conducted in concurrence with academic literature review, searching and analyzing recent court cases where the relevant legal provisions and concepts were applied, and formulating practical implications of the research at its final stage. Findings - Through its relation to the principle of fairness/justice the authors establish the connection between the principle of proportionality and the public policy of Russia. Analysis of recent court cases showed two conflicting trends of whether a disproportionate penalty can be considered a public policy violation. The authors offer practical recommendations on how to substantiate a relevant claim regarding contractual penalty reduction by the court, depending on the desired outcome. Originality/value - The article contains an up-to-date summary of the legal provisions on the principle of proportionality of civil liability in Russia and identifies the most recent trends in court practice on the issue that is not covered by existing studies.

• Journal of Korea Trade
• /
• 제27권2호
• /
• pp.77-95
• /
• 2023

Purpose - This study aims to identify the importance of subsidiary entrepreneurship as a key factor when MNE attempts to invest in challenging overseas markets. Through the simultaneous consideration of institutional theory and entrepreneurship theory, this study would like to examine how Korean subsidiaries in the Middle East improve their performance locally. Design/methodology - To reflect the characteristics of emerging markets, this study conducted a survey of Korean subsidiaries in the Middle East in cooperation with KOTRA and analyzed the hypotheses using a structural equation model based on 249 valid responses. Findings - The findings of this study are as follows. First, we found that institutional and business distance would positively affect subsidiaries' entrepreneurship. The result that subsidiaries' entrepreneurship is positively affected by institutional and business distance implies that attempts to close the difference between heterogeneous markets would increase subsidiaries' innovative proactiveness, such as R&D and creative marketing strategies. Second, we confirmed that the institutional and business distance positively mediate the subsidiaries' entrepreneurship growth, leading to high performance. Therefore, Korean subsidiaries are required and prepared to establish strategies to better understand institutional and business distances in advance and reduce the liability of foreignness by conducting customized research and training programs before sending Korean expatriates to local subsidiaries in the Middle East. Originality/value - This study contributed to institutional and entrepreneurship theory by proving the traditional relationship between institutional and business distance to subsidiaries' performance and the mediation of subsidiary entrepreneurship.

• Asian Journal of Business Environment
• /
• 제13권4호
• /
• pp.19-28
• /
• 2023

Purpose: Emerging markets under industrialization have become increasingly influential over the global natural-resource transactions. However, their average deal completion rates have been relatively low. The international business (IB) literature regards the low rate as evidence of 'double hurdle', the extra disadvantages in doing overseas business for firms from developing countries. Because legitimacy building mitigates liability of foreignness, we argue that an acquirer's environmental responsibility effectively builds legitimacy. Research design, data and methodology: Stakeholders in the host country spread the acquirer's environmental responsibility so that, by raising legitimacy, they may strengthen the link between environmental responsibility and deal completion. Our dataset consists of the 608 cross-border acquisition deals announced by the 196 firms in Brazil, Russia, India, and China over 2008-2019 period. Results: A logit regression result confirms that environmental responsibility increases the likelihood of acquisition deal completion. Also, host-market stakeholders positively moderate the relationship between environmental responsibility and the likelihood of deal completion. Conclusions: Overall, this study contributes to the IB literature by identifying environmental responsibility as a key approach to lowering the double hurdle in internationalization of firms in emerging markets. Any emerging multinationals interested in the foreign, brownfield entries to the natural-resource industries must enhance the environmental responsibility, which turns out extremely important.

• 전기학회논문지
• /
• 제60권6호
• /
• pp.1274-1279
• /
• 2011

The purpose of this paper is to present the manufacturing defect and damage pattern of a 3 phase 22.9/3.3kV oil immersed transformer, as well as to present an objective basis for the prevention of a similar accident and to secure data for the settlement of PL related disputes. It was found that in order to prevent the occurrence of accidents to transformers, insulating oil analysis, thermal image measurement, and corona discharge diagnosis, etc., were performed by establishing relevant regulation. The result of analysis performed on the external appearance of a transformer to which an accident occurred, the internal insulation resistance and protection system, etc., showed that most of the analysis items were judged to be acceptable. However, it was found that the insulation characteristics between the primary winding and the enclosure, those between the ground and the secondary winding, and those between the primary and secondary windings were inappropriate due to an insulating oil leak caused by damage to the pressure relief valve. From the analysis of the acidity values measured over the past 5 years, it is thought that an increase in carbon dioxide (CO2) caused an increase in the temperature inside the transformer and the increase in the ethylene gas increased the possibility of ignition. Even though 17 years have passed since the transformer was installed, it was found that the system's design, manufacture, maintenance and management have been performed well and the insulating paper was in good condition, and that there was no trace of public access or vandalism. However, in the case of transformers to which accidents have occurred, a melted area between the upper and the intermediate bobbins of the W-phase secondary winding as well as between its intermediate and lower bobbins. It can be seen that a V-pattern was formed at the carbonized area of the transformer and that the depth of the carbonization is deeper at the upper side than the lower side. In addition, it was found that physical bending and deformation occurred inside the secondary winding due to non-uniform pressure while performing transformer winding work. Therefore, since it is obvious that the accident occurred due to a manufacturing defect (winding work defect), it is thought that the manufacturer of the transformer is responsible for the accident and that it is lawful for the manufacture to investigate and prove the concrete cause of the accident according to the Product Liability Law (PLL).

• 품질경영학회지
• /
• 제31권4호
• /
• pp.184-193
• /
• 2003

PL has been developed centering around England and America. Recently many countries are introducing PL system changing the world a single economic bloc based on the rapid development of Technology and Economy. This paper is studied with related literatures and theses, organizational consulting cases within the framework of the firm as the central operating bodies of PL system. In the past, Some papers about System Integration which was operated as a same Certificate System and enacted in a single organization, was studied and presented. But most of papers was a theoretical study related model and conception. In this situation Government supports PSMS of a single system at government expense to 100­200 companies for improving organizational confrontation ability of PL this year. This paper proposed a design and effect of Integration system model based on the analysis of ISO 9001：2000, KS, PSMS and ISO 14001. The integrated system has the following three distinctions. Firstly, KS is a national establishment, national leading certification and forcing standard. Secondly, ISO 9001：2000 and ISO 14001 are an international organization's establishment, non­official certification and optional standard. Finally, PSMS isn't a national law and forcing matter. And it isn't the concept of certification but the operational system by itself. Also if a lawsuit by defect is happened, it is very dangerous. This paper, which is integrated by four management systems and has many consulting cases, is the first in this department and is different from others. Also If people has the basic knowledge about management system, they can directly connect it to the organizational system according to this paper's guidance. It is very good result in this study because the law of PL is executed now.

• 대한기계학회논문집A
• /
• 제37권11호
• /
• pp.1415-1421
• /
• 2013

최근에는 이러한 법공학 분야에 유한요소법 및 유한체적법을 이용한 다양한 시뮬레이션 기법을 활용하여 안전사고 및 재난사고에 대한 법적 책임문제를 해명하고 보다 정확한 원인분석을 통해 원인을 규명하고 있는 추세이다. 본 연구에서는 ADINA 구조해석을 이용하여 단경교 거더교 붕괴사고에 관한 좌굴 원인분석을 수행하였다. 본 연구에서 다루는 사고는 단경교 거더교 신축 중 상현 슬래브 구성을 위한 콘크리트 타설 중 교량이 붕괴된 사고로 원설계 공법에서 가설 공법이 변경되었고 상현 콘크리트 블록 및 격벽 콘크리트 등을 미시공한 상태에서 그 다음 단계인 상현 슬래브 콘크리트 타설을 진행함으로써 구조적 불안정을 가져와 거더가 좌굴이 발생하여 붕괴된 사고이다. 사고 재현 실험이 불가한 경우 F.E.M 을 이용한 구조안정성 비교 평가는 정확한 공학적 사고의 원인을 규명하는데 효과적인 방법이다.

• 한국호스피스완화의료학회:학술대회논문집
• /
• 한국호스피스완화의료학회 2004년도 정기총회 및 하계학술대회
• /
• pp.100-102
• /
• 2004

Under the current medical system, a terminal patient and his/her family who are neglected inevitably face various aspects of crises including not only physical, but also psychological, social, economic, spiritual and legal problems. Nurses often look after many terminal patents with these types of complicated problems. Therefore, educating the nurses who will take care of such patents would greatly reduce stress so the patents end could their lives in peace and without losing their dignity. This research is a quasi experimental study of nonequivalent control group. A pretest-posttest design where a basic education program is developed for nurses, who frequently treat terminal patents, to understand the importance of the role of hospice and to apply their understandings to treat terminal lancer patents. A sample of the nurses were taken from those who were working in general wards at two general hospitals in Seoul during October, 2003${\sim}$December 2003. The study was composed of 46 experimental group and 43 control group. A basic hospice education program was developed by taking emphasized and overlapping parts from advanced practice hospice nurses education course, short-term education course, an extensive literature survey and by consulting three professionals as well. With the group of 5 professors with vast experiences in oncolgy, 5 nursing administrator, 3 nursing practitioner, the tentative first version of the program was developed and reviewed. Afterwards, by utilizing person to person interviews with 2 head nurses experienced with terminal patients, 1 nurse in charge of hospice, 1 nurse on the contents of the program, and a person to person rating on the educating medium by a nurse were performed. The final version of a basic education program was developed after the second revision. The hospice basic education program consists of introduction to hospice, hospice and commucation, management of pain for terminal cancer patients, physical management for terminal cancer patients, socio-psycological caring of terminal cancer patients and management of death and separation. Total education time was four hours organized into 50 minutes of instruction and 10 minutes of break. $Powerpoint^{(R)}$ software was used as the education medium. As research tools, "Knowledge on Hospice" was developed by the author after receiving a review from one expert. "Attitude of Hospice Nursing" was revised Kim(2001)'s attitude measuring tool which was based on Wang(1998), Kwon(1989), Park and Sung(1991)'s tool. "Liability on nursing terminal patients" was used as developed by Zarits(1980) and Mongomory(1985) translated by Lee(1985). For collecting data, preliminary investigation prior to 1 week of the hospice basic education program and post-investigations after 1 week and 4 weeks of the education were carried out for the nurses at a general ward who understood and agreed on the purpose of the program. Collected data were analyzed throughout t-test, $x^2-test$, Manova test and Bonferroni correction in $SAS^{(R)}$ program. The summary of the investigation is as follows: Hypothesis 1: "Educated experimental group would possess more knowledge on hospice compared to the un-educated control group" was supported after 1 (F=12.14, p=.00) and 4 (F=5.3, p=.02) weeks of education. Hypothesis 2: "Educated experimental group would take a positive attitude toward hospice nursing compared to the un-educated control group" was supported after 1(F=3.92, p=.05) and 4(F=5.05, p=.02) weeks of education. Hypothesis 3: "Educated experimental poop would feel less liability compared to the un-educated control group in nursing terminal cancer patients' was rejected. In this study, it was found that knowledge on hospice was significantly important. By applying hospice basic education programs to nurses, the education program helped nurses to take a positive attitude toward terminal patients. It was, however, seen that the education program had no effect on alleviating liability in nursing terminal patients. Therefore, it is expected that this educational program would help hospices and nurses at general wards to understand the concept and the role of hospice so that terminal patents, now neglected under current medical system, would be able to end their lives in peace.