• Title/Summary/Keyword: Discretion

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Freedom of contract in the digital age and its implementation in modern technologies: theory and practice

  • Davydova, Iryna;Bernaz-Lukavetska, Olena;Tokareva, Vira;Andriienko, Iryna;Tserkovna, Olena
    • International Journal of Computer Science & Network Security
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    • v.21 no.12spc
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    • pp.544-548
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    • 2021
  • Scientific and technical development, as well as the emergence of new types of contracts, which do not have their expression in current legislation, force us to explore the issues of contract law to adapt to change. In this context, the principle of freedom of contract is fundamental, which states that each person has the right to enter into a contractual relationship at his discretion. However, such freedom is not absolute, because the freedom of one person should not violate the freedom of another. Together with the conflict of private and public interests, these phenomena are a field for the study of topical issues of theory and application of the principle of freedom of contract in practice. Research methods are philosophical, general scientific, and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis, etc. As a result of the research, the main characteristics of the principle of freedom of contract, its role for private law regulation of contract law are given; approaches to understanding the restriction of contract freedom are analyzed; typical examples and means of such restrictions are identified; demonstrated how contract freedom is embodied in the use of IT tools, which types of contracts are most common in the digital environment.

Does the Pricing Mechanism Affect the IPO Flipping Activity in Pakistan?

  • ANWAR, Ayesha;MOHD-RASHID, Rasidah
    • The Journal of Asian Finance, Economics and Business
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    • v.8 no.1
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    • pp.237-246
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    • 2021
  • This paper explores the relationship between price mechanism and flipping activity of initial public offerings (IPOs) in Pakistan's emerging economy. This study uses a cross-sectional data set of 95 firms listed on Pakistan Stock Exchange from 2000 to 2019. This study employs the ordinary least square and quantile regression techniques to capture the relationship between price mechanism and flipping activity. The results show that book-built IPOs flip substantially less than fixed-price IPOs. This is consistent with the signaling theory assertion that roadshows are arranged by underwriters to capture investors' demand and set the offer prices of IPOs. If investors learn the fair values of quality IPOs, then the offer prices will be close to the intrinsic values, thus reducing flipping. The findings also provide conclusive evidence for understanding the usefulness of and the more relevant information regarding the pricing mechanism. In particular, it provides a better understanding of how companies actually use the pricing mechanism information in the flipping of IPO shares. The results of this study are also valuable to underwriters, and regulators, for instance, provides underwriters with the discretion to allocate the IPO shares and the SECP, in revising regulation on the disclosure of IPO pricing methods.

Recognition Level of Organization, Motivation and Job Satisfaction Factors of the Staff of Health Centers (보건소직원의 조직에 대한 인식과 동기부여요인 및 직무만족요인)

  • 남철현;위광복
    • Health Policy and Management
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    • v.10 no.3
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    • pp.19-49
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    • 2000
  • This study was conducted to help staff members of health centers manage personnel by examining the staff members' recognition level of organization structure of health centers, their motivation, their job satisfaction level and its related factors. Data were collected from 471 staff members of 14 health centers from March 3, 1999 to April 30, 1999. The results of this study are summarized as follows. In recognition levels of organization structure of health centers, the recognition level of necessity of discretion right was highest(3.55 points on the base of 5 points), while the recognition level of the location of decision making right was lowest(2.77 points). The general recognition of organization structure of health centers was 3.06 points, the suitability of division of duties was 3.05 points, and the optimum of manpower and budget was 2.93 points. The staff members' general recognition level of the organization structure appeared significantly higher in case of the groups of small and medium sized cities, above fifties, below high school graduate, above the sixth grade, public service experience of above 20 years, service period of below 2 years at present post, and average monthly salary of one million, eight hundred and ten thousand won. In the recognition level of the location of decision making right, the groups of big cities, male, the married, above the sixth grade, health and administration posts, average monthly salary of one million, three hundred and ten thousand won to one million, and eight hundred thousand won were significantly higher than the other groups. The recognition level of necessity of discretion right was higher in case of the groups of the twenties, the unmarried, above college graduate, nursing post, public service experience of below 5 years, service period of below 2 years at present post, and average monthly salary of below eight hundred thousand won. In the recognition level of suitability of division of duties, the groups of small and medium sized cities, the married, medical technicians, public service experience of above 20 years, and service period of below 4 years at present post were significantly higher than the other groups. In the staff members' recognition levels of organization management, the recognition level of opinion response when making decision was highest(2.92 points). The recognition level of rationality of the target amount establishment method was 2.88 points and the recognition level of personnel management was 2.63 points. The recognition level of personnel management was significantly higher in case of the groups of small and medium sized cities, the forties, above the sixth grade, medical technicians, public service experience of above 20 years, service period of below 2 years at present post, and average monthly salary of above one million, eight hundred and ten thousand won. In the recognition level of opinion response when making decision, the groups of small and medium sized cities, female, the eighth grade, health and administration posts, and service period of below 2 years at present post were higher than the other groups. The recognition level of rationality of the target amount establishment method was significantly higher in case of the groups of above fifties, below high school graduate, above the sixth grade, medical service post, and public service experience of 15 to 20 years. The factors significantly influencing sanitation were sex, education level, the period of public service experience, general recognition of organization structure, recognition of necessity of discretion right, recognition of suitability of division of duties, and recognition of opinion response when making decision. The factors which significantly influenced motivation were marital status, grade, recognition of the location of decision making right, recognition of necessity of discretion right, recognition of division of duties, recognition of opinion response when making decision, and sanitation. Sex, education level, recognition of suitability of division of duties, recognition of the target amount establishment method, and motivation influenced job satisfaction significantly. The factors significantly influencing organization culture were age, the period of public service experience, service period at present post, recognition of optimum of manpower and budget, recognition of suitability of division of duties, recognition of opinion response when making decision, and recognition of rationality of the target amount establishment method. In the coming days, the staff members' job satisfaction level must be increased through motivation and efficient conduct of duty must be accomplished through rational organization structure and management. Moreover, change of the staff members' consciousness and administrative system which are suitable for local autonomy system have to be established with increase of local residents' consciousness level and education level. Forming organization culture by reformative idea which fits the new era, public health service by the Community Health Act and health education service by the Health Promotion Act must be carried out efficiently. In doing so, financial support of central government and active efforts and concerns of local governments have to be devoted in order to get public health service in which peculiarity of the community is considered to be pursued well.

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Design and Application of a Virtual Reality based Teaching Model for Field Based Learning Activities (현장체험학습을 위한 가상학습 기반 수업모형의 설계 및 적용)

  • Kim, Da Jeong;Chun, Seok-Ju
    • Journal of The Korean Association of Information Education
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    • v.18 no.1
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    • pp.133-142
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    • 2014
  • South korea's education system recently expands discretion activity classes for raising self-leading learning ability based on autonomy and creativity, and also recommends students to perform diverse field trips in order to learn the contents which can be obtained only from field learning. However most schools come hard to go on a field trip because they face many difficulties such as lack of time, expense, weather, and safety. In this paper, in order to get over these difficulties we design a teaching model for field based learning activities using a virtual reality tool. And using the developed virtual reality tool, we taught 4th grade students of an elementary school located in Seoul. As a result, most of students were engaged and interested in the class and improved their academic achievement during one semester.

Comparison of Elementary Science Education between Schools and A Education Institute for the Gifted (학교와 영재교육원에서의 초등과학교육 비교)

  • Kim, Hoi-Kyeong;Chae, Dong-Hyun;Choi, Young-Owan
    • Journal of the Korean Society of Earth Science Education
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    • v.4 no.3
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    • pp.242-250
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    • 2011
  • The present study compared the contents and methods of elementary science education in schools and education institutes for the gifted and surveyed the contents and methods of science education for the gifted desired by students in order to set the direction of elementary science education at education institutes for the gifted. For this study, we conducted interviews with a 5th-grade male student and a 6th-grade female student at the science class of the Education Institutes for the Gifted run by Iksan Education Office. Besides, printed materials were collected and used to refer to the contents of education. The results of this study are as follows. First, in school, the student learn according to the curriculum defined by the government and the contents begin with elementary and basic ones and move step by step to deeper and wider scientific principles. On the contrary, in the education institute for the gifted, the contents of teaching materials are decided at the teacher's discretion, and because they target gifted children, their level is higher than that of the science curriculum in school. Second, the most common teaching method in school is lecturing and, next, experiments, group activities, etc. On the contrary, in the education institute for the gifted, experiments are used most frequently, and various educational methods are adopted including lectures, project learning and cyber learning. Third, the contents of science education that gifted children wanted to learn are not limited to any specific area. Science education methods that gifted children wanted were various, including project learning, group activities, experiments, and report making and presentation.

An Economic Approach to the Rational Development and Use of Marine Resources (II) (해양자원의 합리적 개발.이용에 관한 경제학적 연구(II))

  • 유동운
    • The Journal of Fisheries Business Administration
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    • v.14 no.1
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    • pp.19-43
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    • 1983
  • Mankind has made traditional use of various ocean resources in such several forms as fish, plants food, means of transportation, and military purpose, followed by the recent exploitation of offshore subsoil or sea-bed minerals, energies, and utilization of ocean space. These available ocean resources come from the marine natural environment which has a distinct feature in view of the relationship between human wants and their capacity to meet them. Though these socially basic resources however bring forth the so-called scarcity or differential rent, their communal nature of ownership dissipates free gifts of nature endowed to society as a whole. Thus to maximize these rents and social welfare thereof, rents should be secured and preserved through a well-defined arrangements of property-ownership as well as appropriate comparison of competing uses of marine resources, taking full cognizance of their irreversible adverse effects of a specific choice on the alternatives. Here I showed the sources of rent yielded from the multiple uses of navigation, fishery, mariculture, minerals, and recreation site, and also summarized the presently widely-known analytic tool to measure these rents with emphasis on due care of the telescopic faulty of the appraiser in charge, viewed from the communal point, Finally, as communal property is in strict sense owned by the public at large, notwithstanding the restricted communal ownership at government or local governments control, effectiveness of competition I expect should be kept while transferring claims of these resources from the legal owner to private enterprise as well as while extracting their rent by her. In particular, various national or social objectives look forward to tile maximization of social efficiency. Discretionary system in noncompetitive method thus, is exceptionally suggested because of probable suspicion from the public whether these resources are transferred as a give away or not in discretion. And these realized rent payments, I propose, should be wisely taken advantage of in advancement of scientific research in marine nature to bring an incremental rent therefrom successively.

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Study on the Thermal Properties of Electric Moxibustion Apparatus for Presenting Assessment Guideline in Korea (국내 평가 가이드라인 제시를 위한 전기식 온구기의 열특성에 관한 연구)

  • Yi, Seung-Ho;Kang, Jung-Won;Nam, Dong-Woo;Kim, Eun-Jung;Lee, Hye-Jung;Kim, Kap-Sung;Lee, Jae-Dong
    • Journal of Acupuncture Research
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    • v.26 no.6
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    • pp.31-39
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    • 2009
  • Objectives : To characterize the thermal properties of several Korean electric moxibustion apparatus and to suggest methods for improving their quality for related industry as well as the welfare of Korean. Methods : We reviewed previous literatures on traditional moxibustion to find necessary factors for electric moxibustion apparatus. We measured the thermal characteristics of electric moxibustion apparatus commercially available by using an automatic temperature acquisition system in a controlled environment. Uniformity and heat loss of the apparatus were also analysed. We followed the user's manuals of apparatus provided by manufacturers. Results : Temperature control of all apparatus could not be achieved by automatic manners. Most of them were dependent on user's discretion. Maximum temperatures obtained were barely in the therapeutic temperature of $40-45^{\circ}C$. Unnecessary heating of moxibustion parts was detected. Chemicals from moxa were not properly delivered to the human skin. Conclusions : Temperature control of all apparatus needs to be improved in terms of temperature setting, retention time and maximum temperature. Design should be altered to utilize pharmacological effects from moxa to obtain its maximum efficacy. User's manuals should be revised for its clarity.

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Applicability of Mandatory Rules for Seafarer Protection

  • Sohn, Kyung Han
    • Journal of Arbitration Studies
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    • v.30 no.3
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    • pp.21-45
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    • 2020
  • The major legal issues of this case were governing law questions regarding the liability of the shipowner/employer to its employee. It is true that in the absence of the parties' choice of law, the arbitral tribunal may apply the substantive laws or rules of law which it deems appropriate. However, it does not mean that the arbitral tribunal has arbitrary discretion in choosing the appropriate law as the governing law of the case; rather, the arbitrators should carefully examine the conflict of law rules of the forum and the requirement of the law of the country where the upcoming arbitral award will be enforced. They must bear in mind the role of the "connecting factors" in determination of the governing law. Therefore, the application of an alien law, which has minimal connecting factor with the case, may lead to a conclusion that is hardly understood by the parties. On the same token, the arbitrators must pay attention to applying the mandatory rules of a country, the laws of which not being the governing law of the issue. It is said that the application of the mandatory rules is a necessary evil to secure the enforcement of the award in the country, which has national interest in applying its own law to the issue. Further, arbitrators must pay attention to the consistent application of the law and respect the integrity of a legal system to reach a fair conclusion. The place of service of a seafarer for a vessel navigating international sea ought to be its home port country rather than the country of the ship registry, and the party autonomy in choice of the law in a seafarer employment should be respected.

A Study on the Development and Practical Application of LIS Textbooks (문헌정보학 교재개발방법 제안 및 실제적용에 관한 연구)

  • Noh, Younghee;Ahn, In-Ja;Choi, Sang-Ki
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.24 no.2
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    • pp.151-184
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    • 2013
  • The purpose of this study was to perform research on the development of core course textbooks in the LIS field. The process of textbook development proposed in this study can also be a useful reference for developing the textbooks for other, non-core courses. The textbook development procedure used was as follows; 1) investigating and analyzing the main textbooks of LIS core courses domestically and abroad, 2) deriving optimal curriculum content from job analysis results, 3) gathering comment and feedback from professors teaching core courses, 4) proposing a final, three-tiered table of contents for an optimal textbook. The textbook table of contents proposed as a result of this research relates to the core subjects of: Introduction to Library and Information Science, Information Services, Library Management, Information Organization, Information Retrieval, and Library Fieldwork. We suggested chapter and section levels for all subjects, and list all of the details that should be dealt with in each section; instructors are then able to select from these options at their discretion.

Operation and Training Demand on Dietary Life Education of Nutrition Teachers in Jeonbuk Province (전북지역 영양교사의 식생활교육 실태와 연수 요구도 분석)

  • Park, Eunsook
    • Korean Journal of Human Ecology
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    • v.23 no.1
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    • pp.149-161
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    • 2014
  • The purpose of this study was to investigate the nutrition teachers' operation and demand of dietary life education in Jeonbuk Province. The study was carried out using a self administered questionnaire and the subjects were 190 nutrition teachers. The questions were general characteristics of the subjects, operating status as frequency, place, the main use time, and training demand on dietary life education by elementary school and middle & high school, teaching career, and training hours. The results are as follows. Most of the subjects were female(98.9%), more than half were 40's(52.1%) in their age, school work career was 13.2 years. Frequency of the dietary life education operation was once per month(56.8%), 2~3 times per month(27.9%), and place of education were dinning room (49.7%), classroom(25.9%). Almost of the subjects(90.4%) recognized the facilities for education was lack, 89.3% of them did the education materials was lack, also. The desirable frequency of dietary life education was once per month(48.9%), and once per week(35.3%.) The half of the subjects recognized the objects of the dietary life education was not only students but also their parents and teachers. The proper education time was dietary life education tim (34.2%), discretion activity time(31.1%). Most of the subjects(95.7%) had willing to get training, the proper training program was 30 hours, and they prefer summer vacation(61.0%) than winter vacation(30.5%) and semester(8.6%). Proper experimental practice ratio of environment : health : thanks were 30% : 43% : 27%. It is concluded that the demand of nutrition teachers is necessary for their education program in elementary and middle & high school.