• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.149-170
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• 2015

State's compensation obligation accompanied in case of indirect expropriation of foreign investor's investment asset has been established definite principle under international investment law. But the concrete and unified application criterion regarding valuation methods for measuring compensation have not been established yet. The World Bank investment guideline is adopting the Hull's Formula, which is understood as the full compensation standard with prompt adequate effective compensation and Fair Market Value method. It is a general principle that compensation should be equal to the fair market value of investment asset just before indirect expropriation date. However, there is a problem of the valuation method of fair market value of investment asset. In general, discounted cash flow, liquidation value, replacement value, book value, etc. can be the applicable standards. Arbitral tribunals determine compensation by adopting proper valuation method on a case-by-case basis according to the discretion based on the arbitration parties' experts' review on the presented opinion and by considering fact relevance of the issued dispute. This compensation includes also interest, recently it tends to award according to compound interest rather than simple interest. Beginning of the period to generate interest is the next day of the indirect expropriation occurrence date. And it should be considered that interest until the payment of compensation is also included. In addition, it should be considered that mental damages is available only when there's a basis to prove this or special case. Therefore, this study suggests to review of precedents related to indirect expropriation and concretely specify compensation valuation standard and method of indirect expropriation on investment agreements through enough consultation beforehand.

• Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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• v.7 no.12
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• pp.101-110
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• 2017

According to the Statistics Korea in 2016, 56.9% of companies do not fairly pay compensation for employee invention, despite the increasing proportion of the inventions in corporations. One reason is that the objective calculation method for employee and patent's contribution and the clear standard of fair compensation have not been established. Therefore, this study proposes a new calculation method using DCF (Discounted cash flow) and AHP (Analytical hiearchy process) methodology to calculate the fair amount of employee invention compensation, and verified it through real case examples. As a result, 2.3 times higher amount of compensation was calculated than the previous approach. This study is meaningful that it provided objective compensation criteria that could more protect the inventor in the situation which the clear criteria for the calculation of fair compensation are not established. This methodology is expected to be applicable for SMEs as employee invention compensation.

• Journal of Digital Convergence
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• v.14 no.4
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• pp.315-324
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• 2016

This study, investigating the differences of public hospital employees' communication, motivation, mutual trust, working conditions, fair compensation, job satisfaction, is to identify the factors affecting organizational performance. Through this, an alternative is suggested, which can maximize organizational performance of hospital employees. The period was from October 5 to October 31, 2014 to collect the data from 232 subjects working in public hospitals. ANOVA and regression analysis were conducted and the finding shows that communication, motivation, mutual trust, working conditions, fair compensation, job satisfaction have a significant difference (p<0.05) based on job categories. In addition, the factors affecting organizational performance were communication and fair compensation (p<0.001) for nursing job, age and employment type (p<0.05) and fair compensation (p<0.001) for Medical Support, motivation and fair compensation (p<0.001) for administrative job. The efforts to improve human resource management in their organization which is able to inspire a sense of belonging should be followed.

• The Journal of Korean Institute of Communications and Information Sciences
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• v.30 no.2A
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• pp.98-106
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• 2005

We propose a new wireless fair queueing algorithm, WFQ-R (Wireless Fair Queueing with Retransmission), which is well matched with the LLR (Link Level Retransmission) algorithm and does not require channel prediction. In the WFQ-R algorithm, the share consumed by retransmission is regarded as a debt of the retransmitted flow to the other flows. Thus, the WFQ-R algorithm achieves wireless fairness with the LLR algorithm by penalizing flows that use wireless resources without permission under the MAC layer. Through simulations, we showed that our WFQ-R algorithm maintains fairness adaptively and maximizes system throughput. Furthermore, our WFQ-R algorithm is able to achieve flow separation and compensation.

• The Journal of Fisheries Business Administration
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• v.44 no.2
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• pp.1-17
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• 2013

We investigate the appropriateness of the fixed 12% discount rate to be used in estimating the amount of compensation for revoking a license for fishery business by the Enforcement Decree of Fisheries Act in Korea. We also suggest the appropriate discount rate fully reflecting the change of market interest rate in the Korean financial market. The capital asset pricing model, or, CAPM is the best known model of risk and return, and is widely used to estimate the expected rate of return for the risky projects. Even though the CAPM implies that the discount rate or the expected rate of return should change as the related market factors do, the discount rate used to estimate compensation for revoking a license for fishery business remains to be the same 12% rate for the last 15 years by law. During this period, however, the yield to maturity for the 5-year government bonds in Korea has dramatically changed from about 12% to less than 3%. In order to provide the fair compensation for the damages against the coastal fisheries and evaluate the intrinsic value of fishery resources in the coastal areas, we suggest that the appropriate discount rate should be determined by the yield to maturity of the government bonds with 5-year maturity, instead of the current fixed 12% interest rate.

• The Journal of Industrial Distribution & Business
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• v.14 no.7
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• pp.1-7
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• 2023

Purpose: The present research is to explore and investigate the meaningful difference between job-based pay and skill-based pay in the current literature to shed light on the advantages and caveats of two compensation approach, providing direction for human resource practitioners looking to develop efficient and fair compensation plans. Research design, data and methodology: The methodology based on Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) was used for this research. The PRISMA technique is generally considered the gold standard since it guarantees openness, repeatability, and rigor. Studies comparing salaries based on work duties versus those based on individual skills published in English and accepted for publication in peer-reviewed journals are eligible for inclusion. Results: According to the comprehensive literature analysis, the present research provides clear comparison between Job-based pay and skilled-based pay, pointing out a similarity and four differences (1. Criteria for pay determination, 2. Flexibility, 2. Job Scope, and 4. Career progression. Conclusions: The result of the current research implies that human resource professionals would be well to learn the effects of various compensation structures on career advancement, and suggests for them that employees can take advantage of chances to advance in their careers based on right compensation schemes.

• Korean Business Review
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• v.22 no.1
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• pp.27-44
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• 2009

This paper compares the accounting standards for stock option of Japan and Korea. Especially, tire setting process of accounting standards for stock option, accounting methods and disclosures for stock option in two countries are analyzed. The results provide that two countries shaw different characteristics in accounting standards for stock option. First, in Japan, acquired services are reported as compensation costs and capital adjustments. On the other hand, in Korea, in case of cash-settled share- based payment transactions, acquired services are reported as compensation costs and capital adjustments, but in case of equity-settled share- based payment transactions, acquired services are reported as compensation costs and debt. Second, when tire stock option rights are abandoned, they are reported as extraordinary items in Japan and are reported as other surplus in Korea. Third, though both countries do not choose specific stock option pricing model, Japan prefers Black-Sholes Model and Korea regards binomial model as proper model.

• Korean Journal of Construction Engineering and Management
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• v.24 no.2
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• pp.50-58
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• 2023

Bid-rigging is a common issue in public construction projects, and appropriate sanctions are required from the relevant authorities. This study analyzes the need for an optimal enforcement model to prevent bid-rigging by considering both civil and criminal aspects. Recently, there have been overlapping sanctions under the Fair Trade Act, such as fines imposed by the Fair Trade Commission and civil lawsuits filed by the client for damages. The purpose of this study is to evaluate the effectiveness of penalty surcharges and compensation systems for preventing bid-rigging, and to consider the possibility of overlapping sanctions in public construction projects. It was found that overlapping sanctions under the Fair Trade Act can be helpful in improving the system. However, in cases where the state is the plaintiff for damages in a lawsuit, it is necessary to consider the penalty surcharge and sentence, reduce the penalty surcharge for joint acts, refund the surcharge after a final judgment, and consider the damage compensation system when imposing a surcharge. This study contributes to the development of an efficient enforcement model to suppress bid-rigging in public construction projects by analyzing the improvement effects of sanctions and compensation.

• The Journal of Fisheries Business Administration
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• v.31 no.2
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• pp.133-153
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• 2000

During the last several decades, Korea has been regarded as one of the fastest growing economies in the world. However, the small size of national land has not met the vigorous demand for land necessary to develop economic infra-structures such as large-scale harbors airports and highways. In order to satisfy the growing demand for land, the Korean government and industry have implemented the national land development programs to reclaim land from the sea fur the several decades. It is certain that these land development programs have resulted in a lot of property disputes between fishermen and public project administrators. This paper is to develop a quantitative model to estimate compensation for damages or restriction of charted fisheries resulting from large-scale public projects. In this paper, the compensation model is derived by using cost-volume-profit analysis framework because the compensation for charted fisheries basically depends on the factors such as the costs, production volume, profit of charted fisheries damaged or restricted by public projects. The model shows that the compensation for damages or restriction of charted fisheries is determined by the average annual profit, damage duration period, and the degree of fishery damages. In addition, the degree of fishery damages measured by the ratio of lost profit to annual average profit turns out to be determined by the following factors: annul profit, unit variable cost, decrease in production volume, the rate of increase in variable cost, and a change in fixed cost. Furthermore, this parer discusses the nam issues related to practices and regulation of the compensation for fishery damages in the current Fishery Act of Korea and suggests some appraisal methods which will be able to lead to theoretically correct and fair compensation for fisheries damages resulting from large-scale public projects.

• Journal of Arbitration Studies
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• v.28 no.4
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• pp.43-59
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• 2018

This study aims to review various efforts required by medical institutions to prevent medical accidents in advance and to suggest the necessity of introducing liability insurance for medical accidents based on cases abroad and compulsory professional indemnity insurance at home. Over the past five years between 2013 and 2017, the number of inquiries regarding medical accidents and medical disputes has increased by 11.1 percent from 36,099 to 54,929, and the number of mediation and arbitration for medical disputes has increased by 14.3 percent from 1,304 to 2,225. Since some medical accidents even cause social problems, a compulsory insurance system for the liability of medical institutions for damages need to be introduced to promptly compensate the victims of medical accidents and to ensure compensation by medical personnel. In Korea, a system is in place to provide compensation for a client who suffers an accidental damage after receiving professional services, regardless of whether or not the professional service provider can provide compensation. In major foreign countries, a medical liability system is in place that is applied either by the principle of liability with fault, or the principle of liability without fault. In this study, the cases of compulsory insurance and semi-compulsory insurance in the US and Japan to which the principle of liability with fault is applied, as well as the case of New Zealand to which the principle of liability without fault is applied, were examined. It is necessary to urgently introduce the compulsory insurance system for the liability of compensation to prevent medical disputes and to compensate for the life and physical damages of the victims of medical accidents in domestic medical institutions. Doing so is expected to ensure fair compensation for the victims of medical malpractice and compensation by medical personnel, thereby improving medical practice.