• Title/Summary/Keyword: Field Compensation

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The Legal nature of a contract for supply of a special purpose aircraft -The legitimacy of contract cancellation on the grounds that the performance specification is not satisfied in the purchase specification- (특수 항공기 공급계약의 법적 성질 - 구매규격서상 성능요건 미달을 이유로 한 계약해제의 정당성 -)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.37-72
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    • 2016
  • In the aerospace field, besides special purpose airplanes, contracts for supply of various types of products such as prototypes, unmanned aerial vehicles and space launch vehicles are increasing. In the case of the contractor, it was planned to spend a large amount of money to supply the production, but if the purchase specification that presents the quality and performance standard of the product is poor or lacks the capacity to judge the performance, consuming enormous amounts of time and money. Even if the undertaker does not have the ability to supply the products with the required performance and quality to achieve the purpose of the contract, he/she must pay the cost of burial due to the incompleteness of the work and the compensation for the cancellation of the contract. In this case, the defendant ordered the plaintiff to supply the aircraft by the Happy Box method, which is capable of ILS Offset flight as specified in the Purchase Specification, but the plaintiff attempted to supply the aircraft by the RNAV method. Although the ILS ground signal can be inspected by the RNAV method, the aircraft manufactured in the manner claimed by the plaintiff does not have the ILS Offset flight function required by the purchase specification, so the defendant can not achieve the purpose required by the purchase specification. It was a question of whether a defendant's cancellation of contract was legitimate. The aircraft, which is the object of this contract, is a subordinate substitute, so the case contract is of undertaking. Therefore, in order to complete the work in this contract, the major structural parts of the aircraft must be manufactured as agreed and have the performance generally required in the social sense. However, the aircraft delivered by the plaintiff has serious defects because the defendant can not achieve the purpose required by the purchase specification due to the lack of the ILS Offset flight function required by the purchase specification. This deficiency is impossible for the plaintiff to repair, so the defendant 's cancellation of the contract is legitimate.

An Analysis of Efficiency of Security Services : A Comparative Determinants Analysis of Public and Private Security (경호업무 효율성에 관한 연구 : 공공경호와 민간경호의 효율성 영향요인의 비교분석)

  • Park, Moon-Sun
    • Korean Security Journal
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    • no.19
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    • pp.67-103
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    • 2009
  • Objectives of this study is develop security services through determinants analysis on the efficiency of security works regarding security and guarding business in Korea because nowadays the modern society like Korea let alone all over the world faces the increase of dangerous factors in every security field of the human societies, and also it is the very present situation that an individual's life even the national security itself can be at the risk without guaranteeing the efficiency of the security services. For this purpose, this study reviewed related documents, surveyed and interviewed security personnels to identify what the potentially influential factors are in both the public and private security organizations regarding the efficiency of present security services and organizations, and what differences are. Also, comparing the public and private security sectors, this study intended to suggest policy agendas how to enhance the efficiency of security services in the future. This study surveyed the 177 agents and former agents of the Presidential Security Service(PSS) for the public security sector, and also surveyed, interviewed, and internet-based polled 821 randomly selected personnels for the private security sector. This research showed that regarding the efficiency of the security services number of independent variables which had positive responses in the public security sector was more than that in the private security sector. Among the 21 questions regarding this issue, there were all of 21 positive responses in the public security sector while there were 18 negative responses in the private security sector. As a result of synthesizing all the answers of the both sides, it is possible to understand that mostly the ratio of the positive response was much higher. In the public security service, statistically significant variables were budget support for events, prior access of information, an integrated teamwork training, organizational atmosphere, morale of organization personnel. However, practical training of the security service and mutual communication showed unexpectedly negative(-) signs. In the private security service, statistically significant variables were budget support for events, integrated teamwork training, socially friendly atmosphere, compensation for the personnels, bullet-proof equipments and vehicles, mood of organization, personnel recruit and disposition, unexpected incidents and basic attitude for security services. In sum, while organizational personnel variables and organizational management variables were significant in the public security service, some organizational management variables and all socio-environment variables were statistically significant at 5% significance level.

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The Characteristics of the Agricultural Management in the Less Favored Metropolitan Areas - A Case study of Bonli, Taegu- (대도시내 영농조건 불리지역의 농업경영 특성 - 대구광역시 본리마을을 사례로 -)

  • Woo, Jong-Hyeon
    • Journal of the Korean association of regional geographers
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    • v.6 no.3
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    • pp.37-52
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    • 2000
  • Generally speaking, the metropolitan agricultural regions have some advantages from the high accessibility to markets. But agriculture inevitably rests on the biological process. This study shows what characteristics of the agricultural management are found in these less favored metropolitan areas with bad natural conditions and how farm household live there. From the view point of farm household, the quality of labors they can get is quite low, and insufficient in quantity. The shortage of labor can be made up for the farming on Trust Farming System And the relatively less favored agricultural conditions prevent people from immigrating into these kind of areas, if they don't have any relationship with there. With bad natural conditions, the farm households usually cultivate relatively small areas for the purpose of self-sufficiency, and with smaller cultivating units(Baemi) of the land than in open fields. The scale of the agricultural management is largely affected by the ages of agricultural managers. The more aged the managers are, the smaller scale of the agricultural management. How to use lands is determined in accordance with the natural conditions such as percentage of sunshine and accessibility to drainage facilities -the two major factors- and more. Either owner-run farmlands or leased farmlands doesn't show any difference in each growing crops. Depending on the conditions of the lands, rice paddy is used for growing rice and field is used for growing self sufficient plants including vegetables for the farm household. Although the lack of infrastructure causes the inconvenience of living, and there exist less favored agricultural conditions, this kind of life and agricultural management style -self-sufficiency type- seems to be sustained quite longer. The less favored natural conditions for farming keeps the agricultural management style from being developed to be the level of commercialization. And the poor economic situation of farmers are continuing again and again. With the result of this study, there should be two conditions to be established previously if they want to develop these regions. First, each farm household should get to know of the importance of commercialization and try to spread it. The commercialization. should be attained through the expansion of the environmental friendly agriculture and the improvement of the previously established distribution system of the crops. Secondly, there should be a support from the government. The support will include the expansion of the infrastructures for fanning to improve the fanning conditions and the compensation system directly from the government to the farmers.

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Functional Assessment of Gangcheon Replacement Wetland Using Modified HGM (수정 수문지형학적 방법을 적용한 강천 대체습지의 기능평가)

  • Kim, Jungwook;Lee, Bo Eun;Kim, Jae Geun;Oh, Seunghyun;Jung, Jaewon;Lee, Myungjin;Kim, Hung Soo
    • Journal of Wetlands Research
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    • v.19 no.3
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    • pp.318-326
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    • 2017
  • Riverine wetlands were reduced and damaged by dredging of rivers and constructing parks in wetlands by Four Rivers Project from 2008 to 2013. Therefore, replacement wetlands were constructed for the compensation of wetland loss by the government. However, It is not enough to manage replacement wetlands. In order to manage the wetlands efficiently, it is necessaty to assess the functions of the wetlands and to manage them according to their functions. Here we performed functional assessments for a replacement wetland called Gangcheon wetland using the modified HGM approach. Hydrological, biogeochemical, animal habitat, and plant habitat functions for the wetland were assessed. To assess the functions, we collected informations for modified HGM approach from the monitored hydrologic data, field survey, published reports and documents for before and after the project, and hydraulic & hydrologic modeling. As the results of the assessment, the hydrological function for the replacement wetland showed 65.5% of the reference wetland, biogeochemical function showed 66.6%, plant habitat function showed 75%, and animal habitat function showed 108.3%. Overall, Gangcheon wetland function after the project was reduced to 78.9% of the function before the project. The decrease in hydrological function is due to the decrease of subsurface storage of water. And the decrease in biogeochemical & pland habitat functions is due to the removal of sandbank around the Gangcheon wetland. To compensate for the reduced function, it is necessary to expand the wetland area and to plant the various vegetation. The modified HGM used in this study can take into account the degree of improvement for replacement wetlands, so it can be used to efficiently manage the replacement wetlands. Also when the wetland is newly constructed, it will be very useful to assess the change of function of the wetland over time.

International Legal Regulation on Commercial Space Activity (상업적 우주활동의 국제법적 규제)

  • Lee, Young-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.183-221
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    • 2013
  • While in the early stages of space activities only a few states engaged in the use of outer space, as is well known, commercial space activities have grown dramatically in recent years. Both states, state institutions, and international governmental organizations as well as many private enterprises are engaged in such commercial use of outer space by now. This development is not reflected in the present state of space law. The existing international instruments of space law were developed and finalized before this development and thus only provide very few and sometimes unfitting provisions for the commercial use of outer space and particularly the use by private enterprises. Law formulated in an era when the word "privatization" had not even been coined cannot contain potential problems caused by the increasing commercialization of outer space. For the promotion and further development of such commercial use of outer space it is necessary to clarify and establish the legal framework for such use, because participants will need this information for their future investments in this field. The purpose of this paper is to research and make an analysis of the contents and international regulation of international space commerce, which is rapidly proliferating and to review the process of improvement on national legislations relating to the commercialization of outer space in a few main space advanced countries to make the sustainable progress of commercial space activities project in international society. The legal implications of matters such as international commercial launch services, the liability aspects of such services, intellectual property rights, insurance, product liability insurance and materials processing could one day will be subject to regulated by international space law as well as domestic law. In fact, the question of commercialization is linked to the question of sharing benefits of space activities, and this currently is an agenda item in the Legal Subcommittee of UN COPUOS. Most of developed countries have enacted the national legislation for commercial space activities relating to the development of our space as follows : The National Aeronautic and Space Act of 1958 and the Commercial Space Act of 1998 in the United States, Outer Space Act of 1986 in England, Establishment Act of National Space Center of 1961 in France, Canadian Space Agency Act of 1990 in Canada, Space Basic Act of 2008 in Japan, and Law on Space Activity of 1993 in Russia. Becides there are currently three national legislations relating to space development and commercial space activities in Korea as follows : Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. Commercial space great promise for the utilization and expansion of human outer space activities but aspring commercial actors must recognize that foreign policy, as well as obligations to the international community as a whole, ensure that commercial space activities will not operate in a legal and regulatory vacuum. As commercial space matures the law and accompanying regulation will most certainly evolve and choose to become participants in the inevitable evolution of law and regulation.

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The Research on Online Game Hedonic Experience - Focusing on Moderate Effect of Perceived Complexity - (온라인 게임에서의 쾌락적 경험에 관한 연구 - 지각된 복잡성의 조절효과를 중심으로 -)

  • Lee, Jong-Ho;Jung, Yun-Hee
    • Journal of Global Scholars of Marketing Science
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    • v.18 no.2
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    • pp.147-187
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    • 2008
  • Online game researchers focus on the flow and factors influencing flow. Flow is conceptualized as an optimal experience state and useful explaining game experience in online. Many game studies focused on the customer loyalty and flow in playing online game, In showing specific game experience, however, it doesn't examine multidimensional experience process. Flow is not construct which show absorbing process, but construct which show absorbing result. Hence, Flow is not adequate to examine multidimensional experience of games. Online game is included in hedonic consumption. Hedonic consumption is a relatively new field of study in consumer research and it explores the consumption experience as a experiential view(Hirschman and Holbrook 1982). Hedonic consumption explores the consumption experience not as an information processing event but from a phenomenological of experiential view, which is a primarily subjective state. It includes various playful leisure activities, sensory pleasures, daydreams, esthetic enjoyment, and emotional responses. In online game experience, therefore, it is right to access through a experiential view of hedonic consumption. The objective of this paper was to make up for lacks in our understanding of online game experience by developing a framework for better insight into the hedonic experience of online game. We developed this framework by integrating and extending existing research in marketing, online game and hedonic responses. We then discussed several expectations for this framework. We concluded by discussing the results of this study, providing general recommendation and directions for future research. In hedonic response research, Lacher's research(1994)and Jongho lee and Yunhee Jung' research (2005;2006) has served as a fundamental starting point of our research. A common element in this extended research is the repeated identification of the four hedonic responses: sensory response, imaginal response, emotional response, analytic response. The validity of these four constructs finds in research of music(Lacher 1994) and movie(Jongho lee and Yunhee Jung' research 2005;2006). But, previous research on hedonic response didn't show that constructs of hedonic response have cause-effect relation. Also, although hedonic response enable to different by stimulus properties. effects of stimulus properties is not showed. To fill this gap, while largely based on Lacher(1994)' research and Jongho Lee and Yunhee Jung(2005, 2006)' research, we made several important adaptation with the primary goal of bringing the model into online game and compensating lacks of previous research. We maintained the same construct proposed by Lacher et al.(1994), with four constructs of hedonic response:sensory response, imaginal response, emotional response, analytical response. In this study, the sensory response is typified by some physical movement(Yingling 1962), the imaginal response is typified by images, memories, or situations that game evokes(Myers 1914), and the emotional response represents the feelings one experiences when playing game, such as pleasure, arousal, dominance, finally, the analytical response is that game player engaged in cognition seeking while playing game(Myers 1912). However, this paper has several important differences. We attempted to suggest multi-dimensional experience process in online game and cause-effect relation among hedonic responses. Also, We investigated moderate effects of perceived complexity. Previous studies about hedonic responses didn't show influences of stimulus properties. According to Berlyne's theory(1960, 1974) of aesthetic response, perceived complexity is a important construct because it effects pleasure. Pleasure in response to an object will increase with increased complexity, to an optimal level. After that, with increased complexity, pleasure begins with a linearly increasing line for complexity. Therefore, We expected this perceived complexity will influence hedonic response in game experience. We discussed the rationale for these suggested changes, the assumptions of the resulting framework, and developed some expectations based on its application in Online game context. In the first stage of methodology, questions were developed to measure the constructs. We constructed a survey measuring our theoretical constructs based on a combination of sources, including Yingling(1962), Hargreaves(1962), Lacher (1994), Jongho Lee and Yunhee Jung(2005, 2006), Mehrabian and Russell(1974), Pucely et al(1987). Based on comments received in the pretest, we made several revisions to arrive at our final survey. We investigated the proposed framework through a convenience sample, where participation in a self-report survey was solicited from various respondents having different knowledges. All respondents participated to different degrees, in these habitually practiced activities and received no compensation for their participation. Questionnaires were distributed to graduates and we used 381 completed questionnaires to analysis. The sample consisted of more men(n=225) than women(n=156). In measure, the study used multi-item scales based previous study. We analyze the data using structural equation modeling(LISREL-VIII; Joreskog and Sorbom 1993). First, we used the entire sample(n=381) to refine the measures and test their convergent and discriminant validity. The evidence from both the factor analysis and the analysis of reliability provides support that the scales exhibit internal consistency and construct validity. Second, we test the hypothesized structural model. And, we divided the sample into two different complexity group and analyze the hypothesized structural model of each group. The analysis suggest that hedonic response plays different roles from hypothesized in our study. The results indicate that hedonic response-sensory response, imaginal response, emotional response, analytical response- are related positively to respondents' level of game satisfaction. And game satisfaction is related to higher levels of game loyalty. Additionally, we found that perceived complexity is important to online game experience. Our results suggest that importance of each hedonic response different by perceived game complexity. Understanding the role of perceived complexity in hedonic response enables to have a better understanding of underlying mechanisms at game experience. If game has high complexity, analytical response become important response. So game producers or marketers have to consider more cognitive stimulus. Controversy, if game has low complexity, sensorial response respectively become important. Finally, we discussed several limitations of our study and suggested directions for future research. we concluded with a discussion of managerial implications. Our study provides managers with a basis for game strategies.

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The Improvement Measurement on Dispute Resolution System for Air Service Customer (항공서비스 소비자 분쟁해결제도의 개선방안)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.225-266
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    • 2018
  • In 2017, 1,252 cases of damages relief related to air passenger transport service were received by the Korea Consumer Agency, a 0.8% drop from 1,262 cases in 2016, the first decline since 2013. In 2017, 444 cases (35.4%) out of received cases of damages relief in the field of air passenger service received by the Korea Consumer Agency were agreed on, and out of cases that were not agreed on, the most number of 588 cases (47.0%) were concluded due to information provision and counseling, and 186 cases (14.9%) were applied to the mediation of the Consumer Dispute Mediation Committee. Major legislations that contain regulations for the damages relief and disputes resolution of air service consumers include the Aviation Business Act and the Consumer Fundamental Act, etc. The Aviation Business Act provides the establishment and implementation of damage relief procedure and handling plan, and the receiving and handling of request of damage relief by air transport businessman, and the notice of protection standard for air traffic users. The Consumer Fundamental Act provides the establishment and management of the consumer counseling organization, the damage relief by the Korea Consumer Agency, the consumer dispute mediation, and the enactment of the criteria for resolving consumer disputes. The procedures for damages relief of air service consumers include the receiving and handling of damages relief by air transport businessman, the counseling, and receiving and handling of damages relief by the Consumer Counseling Center, the advice of mutual agreement by the Korea Consumer Agency, and the dispute mediation system by the Consumer Dispute Mediation Committee. The current system of damage relief and dispute mediation for air service consumer have the problem in the exemption from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act, the problem in the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and the uppermost limit in procedure progress and completion of consumer dispute mediation under the Consumer Fundamental Act. Therefore, the improvement measurements of the relevant system for proper damage relief and smooth dispute mediation for air service consumer are to be suggested as follows: First is the maintenance of the relevant laws for damage relief of air service consumer. The exemption regulation from obligation of establishment and implementation of damage relief plan by air transport businessman under the Aviation Business Act shall be revised. To enhance the structualization and expertise of the relevant regulation for protection and damage relief of air service consumer, it will be necessary to prepare the separate legislation similar to the US Federal Regulation 14 CFR and EU Regulation EC Regulation 261/2004. Second is the improvement of criteria for resolving air service consumer disputes. For this, it will be necessary to investigate whether the cause of occurrence of exemption reason was force majeure, and distinguish the exemption from liability in case of nonfulfillment and delay of transport by aviation businessman under the criteria for resolving consumer disputes in the aviation sector, and revise the same as exemption reasons regulated under the air transport chapter of the Commercial Act and Montreal Convention 1999, and unify the compensation criteria for the nonfulfillment of transport that the substitute flight was provided and the delay of transport. Third is the reinforcement of information provision for damage relief of air service consumer. Aviation-related government agencies and concerned agencies should cooperate with airlines and airports to provide rapidly and clearly diverse information to the air traffic users, including laws and policies for damages relief of air service consumers. Fourth is the supplement to the effectiveness, etc. of consumer dispute mediation. If there is no sign of acceptance for dispute mediation, it is not fair to regard it as acceptance, therefore it will be necessary to add objection system. And if a dispute resolution is requested to another dispute settlement agency in addition to the Consumer Dispute Mediation Committee, it is excluded from the damage relief package, but it should be allowed for the party to choose a mediation agency. It will be necessary to devise the institutional measures to increase the completion rate of mediation so that the consumer dispute can be resolved efficiently through the mediation. Fifth is the introduction of the air service consumer arbitration system. A measure to supplement the limitations of the consumer dispute mediation system is to introduce the consumer arbitration system, but there are two measurements which are the introduction of the consumer arbitration under the Consumer Fundamental Act and the introduction of the consumer arbitration under the Arbitration Act. The latter measurement is considered to be appropriate. In conclusion, as a policy task, the government should prepare laws and system to enhance the prevention and relief of damages and protection of the rights and interests of air service consumers, and establish and implement the consumer-centric policy for the advancement of air service.