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The New Conflict of Laws Act of the Republic of Korea (개정 국제사법(國際私法)의 소개 : 국제거래(國際去來)에 미치는 영향을 중심으로)

  • Suk, Kwang-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.20
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    • pp.23-62
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    • 2003
  • The Law amending the Conflict of Laws Act of the Republic of Korea ("Korea"), which had taken two years to prepare, was promulgated on April 7, 2001 and finally took effect as of July 1, 2001. Accordingly, the old earlier Conflict of Laws Act which was called "Seoboesabeop" in Korean ("Prior Act"Old Act) was replaced by the new Conflict of Laws Act called "Gukjesabeop" in Korean ("New Act"). In fact the Old Act Prior Act was promulgated in 1962, but it was regarded as outdated from the moment of its promulgation. However, since the Old Act because it was modeled after the chapter of the Private International Law of the Einfuehrungsgesetz zum Buergerlichen Gesetzbuch (EGBGB) of the Federal Republic of Germany ("German PIL") and the Japanese Private International Law ("Japanese PIL") which had been promulgated toward the end of the 19th century., the Old Act was viewed as outdated from the moment of its promulgation. As a result of the drastic change of the environment for international trade of which that has taken took place in parallel with the global information technology revolution on a global basis, the scope of issues to be addressed which should be resolved by the conflict of laws principles has been remarkably expanded, and various new issues of an entirely which are quite new in its type and nature have arisen been raised. In the field of conflict of laws in its narrow sense, a revolution or crisis of the traditional conflict of laws has been brought about by the advent in the United States rise of a the new methodology for of the conflict of laws, of the United States of America and in the process of overcoming the such crisis the conflict of laws of the European continent has undergone substantial changes such as the diversification of the connecting principles, the expansion of the principle of party autonomy and the consideration of the value of the substantive law to protect socio-economically weaker parties of. The Prior Act, which was based on However, with the mechanical connecting principles and contained various outdated the inappropriate provisions, the Old Act could not cope with the issues raised by the internationalization and globalization of the Korean society. Furthermore In addition, the Old Act Prior Act was regarded as insufficient in that it lacked rules on international jurisdiction to adjudicate, or international adjudicatory jurisdiction, whereas the expectation of the public was that the Conflict of Laws a Act should function as the "Basic Law of the International Legal Relationships"encompassing rules on international jurisdiction given the increase of international disputes. Furthermore the private international law has also attracted more attention from the Korean At the beginning of the new Millennium, thanks to the promulgation of the New Act, I believe that Korea has succeeded in achieving the modest goal of reflecting in the its codification substantial parts of the major developments of the private international law which the leading advanced continental European countries had achieved during the last century. The New Act has followed the approach of the traditional conflict of laws of the European continent. It is a product of the efforts to eliminate the then existing problems of the Prior Old Act and to adapt the Korean private international law regime to the standard of international conventions and national laws of advanced countries. Unlike the Prior Old Act which was heavily dependent upon the prior Japanese PIL and the prior German PIL, the New Act has been prepared by taking into full account the Rome Convention, the Swiss PIL, the new German PIL which took effect in 1986 and various conventions adopted by the Hague Conference. Therefore, the New Act has substantially reduced dependence upon the Japanese PIL and the German PIL, and has gained relatively greater universal validity. The fact that the New Act expressly declares that the determination of international jurisdiction is a matter of conflict of laws is a clear sign that it has departed from the German tradition which confines the conflict of laws principles to choice of laws rules, and moved toward a broader and more practical approach widely accepted in the area of conflict of laws. It is hoped, and I am personally confident, that the New Act will be able to achieve its intended objectives in the 21st century as the basic law for the ever-increasing legal relationships with a foreign element.

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Thought Experiments: on the Working Imagination and its Limitation (사고실험 - 상상의 작용과 한도에 대해)

  • Hwang, Hee-sook
    • Journal of Korean Philosophical Society
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    • v.146
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    • pp.307-328
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    • 2018
  • The use of thought experiments has a long history in many disciplines including science. In the field of philosophy, thought experiments have frequently appeared in the pre-existing literature on the contemporary Analytic Philosophy. A thought experiment refers to a synthetic environment where the designer of the experiment-with his or her intuition and imagination-tests common-sense knowledge. It can be understood as a conceptual tool for testing the validity of the common understanding of an issue or a phenomenon. However, we are not certain about the usefulness or efficacy of a thought experiment in knowledge production. The design of a thought experiment is meant to lure readers into believing as intended by the experiment itself. Thus, regardless of the purpose of a thought experiment, many readers who encounter the experiment could feel deceived. In this paper, to analyze the logic of thought experiments and to seek the source of uneasiness the readers and critics may feel about thought experiments, I draw lessons from three renowned thought-experiments: Thomson's 'ailing violinist', Putnam's 'brain in a vat', and Searle's 'Chinese room'. Imaginative thought experiments are usually constructed around a gap between the reality and the knowledge/information at hand. From the three experiments, several lessons can be learned. First, the evidence of the existence of a gap provided via thought experiments can serve as arguments for counterfactual situations. At the same time, the credibility and efficacy of the thought experiments can be damaged as soon as the thought-experiments are carried out with inappropriate and/or murky directions regarding the procedures of the experiment or the background of the study. According to D. R. Hofstadter and D. C. Dennett(1981), the 'knob setting' in a thought experiment can be altered in the middle of a simulation of the experimental condition, and then the implications of the thought experiment change altogether, indicating that an entirely different conclusion can be deduced from thought experiment. Lastly, some pre-suppositions and bias of the experiment designers play a considerable role in the validity and the chances of success of a thought experiment; thus, it is recommended that the experiment-designers refrain from exercising too much of their imagination in order to avoid contaminating the design of the experiment and/or wrongly accepting preconceived/misguided conclusions.

The snacking pattern, diet, lifestyle and menu preferences of elementary school students in Gyeonggi area, considering the most frequently eaten snacks (자주 섭취하는 간식의 종류에 따른 경기지역 초등학교 고학년생의 간식섭취실태, 식생활과 생활습관 및 음식 기호도)

  • Park, Hyejin;Kang, Hyunjoo;Lee, Eun-Sook;Lee, Hongmie
    • Journal of Nutrition and Health
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    • v.54 no.5
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    • pp.547-559
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    • 2021
  • Purpose: This study compares the snacking pattern, diet, lifestyle, and food preference of children by evaluating the most frequently eaten snacks. Methods: The survey enrolled 435 students from three elementary schools in Gyeonggi. Based on the most frequently eaten snacks, the subjects were divided into 3 groups: fruits and milk/dairy products for natural snacks (NS, n = 114); noodles, snack foods and fast foods for meal-like snacks (MS, n = 74); cookies, beverages and bread as sweet snacks (SS, n = 247). Results: Compared to the MS group, preferences of the NS group were significantly higher for jabgokbap (cooked rice with multi-grains, p < 0.05) and saengchae (seasoned raw vegetables, p < 0.01), and significantly lower for gogitwigim (deep-fried meat, p < 0.05). Taste preference of the NS group was considered to be more desirable; the taste preference of more subjects was 'sweet taste' in the SS group, 'spicy taste' in the MS group, 'salty taste' in the MS and SS groups, and 'sour taste' and 'bland taste' in the NS group than the other groups. Compared to the MS and SS groups, the NS group was determined to exercise more frequently; exercising for more than 30 minutes/day was determined to be 76.3% in the NS group and 58.1% and 57.9% in the other groups (p < 0.01). Moreover, a higher proportion of subjects in the MS group tended to answer 'not hungry' as the reason for leaving school meals, as compared to other groups (p = 0.055), thereby suggesting that inappropriate snacking habits interfere with regular meals. Conclusion: This study provides evidence that healthy snacking habits, which include natural snacks such as milk/dairy products and fruits, are important for children during the elementary school years, since these habits are associated with healthier diet, lifestyle, and food and taste preferences. These results provide basic information for developing nutritional education materials for elementary school children.

A survey on status of quality and risk assessment in dentifrices and mouthwashes (치약제 및 구중청량제의 품질 실태 조사 및 안전성 평가)

  • Jaeeun Kwak;Wonhee Park;Hoejin Ryu;Jin Han;Jeongeun Choe;Sungdan Kim;Insook Hwang;Yongseung Shin
    • Analytical Science and Technology
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    • v.36 no.6
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    • pp.300-314
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    • 2023
  • The quality of the products was investigated by analyzing fluorine content, pH, preservatives and tar colors in 31 dentifrice products (6 items for children) and 15 mouthwash products (2 items for children) marketed. It was intended to provide correct information to consumers by checking whether the standards and product indications match. As a result of measuring the fluoride concentration, 26 dentifrice and 15 mouthwash products contained from 48 to 1,472 ppm and from 85 to 225 ppm, respectively. Fluorine detection rates of dentifrice and mouthwash products were 83.9 and 83.3 %, respectively showing similar levels. Of the 41 fluoride-detected dentifrice and mouthwash products, 40 were 90.7~109.8 % of the displayed amount and suitable for the fluorine content standard of 90.0 to 110.0 %, but one dentifrice was found to be inappropriate at 36.3 % of the content indicated on the product. The pH of the dentifrice was 5.1~9.4, and the mouthwash was 4.2~6.2, which met all standards. As a result of simultaneous analysis of the concentration of six preservatives, benzoic acid was detected the most in 15 cases with a 30.6 % detection rate, sorbic acid was detected in 9 cases (detection rate of 18.4 %), and all four types of methyl p-hydroxybenzoate, ethyl p-hydroxybenzoate, propyl p-hydroxybenzoate, butyl p-hydroxybenzoate were not detected. As a result of analyzing the concentration of 10 types of tar colors, six types including red40, yellow4, yellow5, yellow203, green3, and blue1 were detected in a total of 9 cases (2 dentifrices and 7 mouthwashes) with blue1 being the most frequently detected. Detected fluorine concentration, added preservatives and tar colors were consistent with the product markings and it was well written on product packaging. The detected preservatives and tar colors were at a safe level due to low risk compared to Acceptable Daily Intake.

The Effect of PL Leadership and Characteristics of Project on Project Participants' Satisfaction and Performance (PL 리더십 성향과 프로젝트 특성요인이 프로젝트 참여 만족 및 성과에 미치는 영향)

  • Yang, Hee-Dong;Kim, Myung-Jin;Kang, So-Ra
    • Asia pacific journal of information systems
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    • v.20 no.4
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    • pp.53-79
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    • 2010
  • The study was originated from recognition that project participants' satisfaction should be Improved to raise project performance and to make progress of a successful project since the above dissatisfaction was operated as a danger factor of the project. The study selected one large-scale sample project and attempted measuring characteristics of the project, participants' satisfaction and project performance with the whole project participants. The study analyzed correlations between individual level (team members) and group level (development team), and examined what effect a sub project manager under complicated hierarchical organization of the large-scale project, namely PL (project leader)'s leadership style had on each individual project participant's satisfaction and what effect project uncertainty in organization/technology environment had on project participants' satisfaction and project performance. The study verified that development team (group) had an effect on team member (individual)-level project participants' satisfaction by disclosing that there was a significant dispersion among groups within project participants' satisfaction by each individual. It is analyzed that it is necessary to make improvement through approach by each pertinent team to raise individual-level project participants' satisfaction. The study also verified PL's ideal leadership under strict methodology and hierarchical control of the large-scale project. Based on the verification of the hypotheses, the results of the analysis were produced as follows. First, the development team affects the satisfaction level that an individual has when he/she participates in a project. This suggests that the satisfaction with project participation should be improved at the team level. In addition, the project management style and leadership orientation of the manager of a sub project who is mostly affected by the team proved to have a direct influence on the satisfaction with project participation and project performances. Second, both the performance-oriented leadership and the relationship-oriented leadership of the PL of the development team were verified to have a significant effect on the satisfaction of the team members associated with project participation. In other words, when the team members recognize that the PL of the development team shows both the performance-oriented leadership and the relationship-oriented leadership, their satisfaction with project participation increases accordingly. Third, it was verified that the uncertainty of the organizational environment significantly affects the satisfaction level when the PL of the development team exerts a relationship-oriented and performance-oriented leadership. The higher the uncertainty of the organizational environment is, the more the satisfaction with project participation decreases whereas the relationship-oriented leadership has a more positive effect on the satisfaction than the performance-oriented leadership style. Fourth, when the PL of the development team exerts the relationship-related and performance-related leadership, the uncertainty of the technological environment has a significant influence on the satisfaction level. The higher the uncertainty of the technological environment is, the more the satisfaction with project participation decreases whereas the performance-oriented leadership has a more positive effect on the satisfaction than the relationship-oriented leadership style. The result of the research on the uncertainty of the project environment suggests that when the development team leader exerts a relationship-oriented and performance-oriented leadership style, the uncertainty of the organizational environment has a significant effect on the satisfaction with project participation; the higher the uncertainty of the organizational environment, the more the satisfaction level decreases, and the relationship-oriented leadership style affects the satisfaction level more positively than the performance-oriented leadership style. In addition, when the development team leader displays a relationship-oriented and performance-oriented leadership style, the uncertainty of the technological environment has a significant effect on the satisfaction with project participation; the higher the uncertainty of the technological environment. the more the satisfaction level decreases. The performance-oriented leadership style as well affects the satisfaction level more positively than the relationship-oriented leadership style. Based on the above results, the research provides the following implications when handling multiple concurrent projects. First, the satisfaction with the participation in the multiple concurrent projects needs to be enhanced at the team (group) level. Second. the manager of the project team, particularly the middle managers should have both a performance-oriented and relationship (task and human)-oriented attitude and exert a consolidated leadership in order to improve the satisfaction of team members with project participation and their performances. Third, as the uncertainty factor of the technological and organizational environment among the characteristics factors of the project has room for methodological improvement depending on one's effort even though there are some complications, we need to continuously prevent and control the risks resulting from the uncertainties of the technological and organizational environment of the project in order to enhance the satisfaction of project participation and project performances. Fourth, the performance (task)-oriented leadership is required when there is uncertainty in a technological environment while the relationship (human)-oriented leadership is required when there is uncertainty in an organizational environment. This research has the following limitations. First, this research intended to select one large-sized sample project and measure the project characteristics, the satisfaction of all the participants associated with project participation, and their performances. Therefore, it is inappropriate to generalize and apply the result of this result onto other numerous projects. Second, as this case study entailed a survey to measure the characteristics factors and performance of the project, since the result value was based on the perception of project team members, the data may have insufficient objectivity. Third, though this research targeted on all the project participants, some development teams did not provide sufficient data and questionnaires were collected from some specific development teams among the 23 development teams, causing a significant deviation in the response rate among the development teams. Therefore, we need to continuously conduct the follow-up researches making comparisons among the multiple projects, and centering on the characteristics factors of the project and its satisfaction level.

Improvement of Certification Criteria based on Analysis of On-site Investigation of Good Agricultural Practices(GAP) for Ginseng (인삼 GAP 인증기준의 현장실천평가결과 분석에 따른 인증기준 개선방안)

  • Yoon, Deok-Hoon;Nam, Ki-Woong;Oh, Soh-Young;Kim, Ga-Bin
    • Journal of Food Hygiene and Safety
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    • v.34 no.1
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    • pp.40-51
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    • 2019
  • Ginseng has a unique production system that is different from those used for other crops. It is subject to the Ginseng Industry Act., requires a long-term cultivation period of 4-6 years, involves complicated cultivation characteristics whereby ginseng is not produced in a single location, and many ginseng farmers engage in mixed-farming. Therefore, to bring the production of Ginseng in line with GAP standards, it is necessary to better understand the on-site practices of Ginseng farmers according to established control points, and to provide a proper action plan for improving efficiency. Among ginseng farmers in Korea who applied for GAP certification, 77.6% obtained it, which is lower than the 94.1% of farmers who obtained certification for other products. 13.7% of the applicants were judged to be unsuitable during document review due to their use of unregistered pesticides and soil heavy metals. Another 8.7% of applicants failed to obtain certification due to inadequate management results. This is a considerably higher rate of failure than the 5.3% incompatibility of document inspection and 0.6% incompatibility of on-site inspection, which suggests that it is relatively more difficult to obtain GAP certification for ginseng farming than for other crops. Ginseng farmers were given an average of 2.65 points out of 10 essential control points and a total 72 control points, which was slightly lower than the 2.81 points obtained for other crops. In particular, ginseng farmers were given an average of 1.96 points in the evaluation of compliance with the safe use standards for pesticides, which was much lower than the average of 2.95 points for other crops. Therefore, it is necessary to train ginseng farmers to comply with the safe use of pesticides. In the other essential control points, the ginseng farmers were rated at an average of 2.33 points, lower than the 2.58 points given for other crops. Several other areas of compliance in which the ginseng farmers also rated low in comparison to other crops were found. These inclued record keeping over 1 year, record of pesticide use, pesticide storages, posts harvest storage management, hand washing before and after work, hygiene related to work clothing, training of workers safety and hygiene, and written plan of hazard management. Also, among the total 72 control points, there are 12 control points (10 required, 2 recommended) that do not apply to ginseng. Therefore, it is considered inappropriate to conduct an effective evaluation of the ginseng production process based on the existing certification standards. In conclusion, differentiated certification standards are needed to expand GAP certification for ginseng farmers, and it is also necessary to develop programs that can be implemented in a more systematic and field-oriented manner to provide the farmers with proper GAP management education.

The Causes of Conflict and the Effect of Control Mechanisms on Conflict Resolution between Manufacturer and Supplier (제조-공급자간 갈등 원인과 거래조정 방식의 갈등관리 효과)

  • Rhee, Jin Hwa
    • Journal of Distribution Research
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    • v.17 no.4
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    • pp.55-80
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    • 2012
  • I. Introduction Developing the relationships between companies is very important issue to ensure a competitive advantage in today's business environment (Bleeke & Ernst 1991; Mohr & Spekman 1994; Powell 1990). Partnerships between companies are based on having same goals, pursuing mutual understanding, and having a professional level of interdependence. By having such a partnerships and cooperative efforts between companies, they will achieve efficiency and effectiveness of their business (Mohr and Spekman, 1994). However, it is difficult to expect these ideal results only in the B2B corporate transaction. According to agency theory which is the well-accepted theory in various fields of business strategy, organization, and marketing, the two independent companies have fundamentally different corporate purposes. Also there is a higher chance of developing opportunism and conflict due to natures of human(organization), such as self-interest, bounded rationality, risk aversion, and environment factor as imbalance of information (Eisenhardt 1989). That is, especially partnerships between principal(or buyer) and agent(or supplier) of companies within supply chain, the business contract itself will not provide competitive advantage. But managing partnership between companies is the key to success. Therefore, managing partnership between manufacturer and supplier, and finding causes of conflict are essential to improve B2B performance. In conclusion, based on prior researches and Agency theory, this study will clarify how business hazards cause conflicts on supply chain and then identify how developed conflicts have been managed by two control mechanisms. II. Research model III. Method In order to validate our research model, this study gathered questionnaires from small and medium sized enterprises(SMEs). In Korea, SMEs mean the firms whose employee is under 300 and capital is under 8 billion won(about 7.2 million dollar). We asked the manufacturer's perception about the relationship with the biggest supplier, and our key informants are denied to a person responsible for buying(ex)CEO, executives, managers of purchasing department, and so on). In detail, we contact by telephone to our initial sample(about 1,200 firms) and introduce our research motivation and send our questionnaires by e-mail, mail, and direct survey. Finally we received 361 data and eliminate 32 inappropriate questionnaires. We use 329 manufactures' data on analysis. The purpose of this study is to identify the anticipant role of business hazard (environmental dynamism, asset specificity) and investigate the moderating effect of control mechanism(formal control, social control) on conflict-performance relationship. To find out moderating effect of control methods, we need to compare the regression weight between low versus. high group(about level of exercised control methods). Therefore we choose the structural equation modeling method that is proper to do multi-group analysis. The data analysis is performed by AMOS 17.0 software, and model fits are good statically (CMIN/DF=1.982, p<.000, CFI=.936, IFI=.937, RMSEA=.056). IV. Result V. Discussion Results show that the higher environmental dynamism and asset specificity(on particular supplier) buyer(manufacturer) has, the more B2B conflict exists. And this conflict affect relationship quality and financial outcomes negatively. In addition, social control and formal control could weaken the negative effect of conflict on relationship quality significantly. However, unlikely to assure conflict resolution effect of control mechanisms on relationship quality, financial outcomes are changed by neither social control nor formal control. We could explain this results with the characteristics of our sample, SMEs(Small and Medium sized Enterprises). Financial outcomes of these SMEs(manufacturer or principal) are affected by their customer(usually major company) more easily than their supplier(or agent). And, in recent few years, most of companies have suffered from financial problems because of global economic recession. It means that it is hard to evaluate the contribution of supplier(agent). Therefore we also support the suggestion of Gladstein(1984), Poppo & Zenger(2002) that relational performance variable can capture the focal outcomes of relationship(exchange) better than financial performance variable. This study has some implications that it tests the sources of conflict and investigates the effect of resolution methods of B2B conflict empirically. And, especially, it finds out the significant moderating effect of formal control which past B2B management studies have ignored in Korea.

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Design and Implementation of MongoDB-based Unstructured Log Processing System over Cloud Computing Environment (클라우드 환경에서 MongoDB 기반의 비정형 로그 처리 시스템 설계 및 구현)

  • Kim, Myoungjin;Han, Seungho;Cui, Yun;Lee, Hanku
    • Journal of Internet Computing and Services
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    • v.14 no.6
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    • pp.71-84
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    • 2013
  • Log data, which record the multitude of information created when operating computer systems, are utilized in many processes, from carrying out computer system inspection and process optimization to providing customized user optimization. In this paper, we propose a MongoDB-based unstructured log processing system in a cloud environment for processing the massive amount of log data of banks. Most of the log data generated during banking operations come from handling a client's business. Therefore, in order to gather, store, categorize, and analyze the log data generated while processing the client's business, a separate log data processing system needs to be established. However, the realization of flexible storage expansion functions for processing a massive amount of unstructured log data and executing a considerable number of functions to categorize and analyze the stored unstructured log data is difficult in existing computer environments. Thus, in this study, we use cloud computing technology to realize a cloud-based log data processing system for processing unstructured log data that are difficult to process using the existing computing infrastructure's analysis tools and management system. The proposed system uses the IaaS (Infrastructure as a Service) cloud environment to provide a flexible expansion of computing resources and includes the ability to flexibly expand resources such as storage space and memory under conditions such as extended storage or rapid increase in log data. Moreover, to overcome the processing limits of the existing analysis tool when a real-time analysis of the aggregated unstructured log data is required, the proposed system includes a Hadoop-based analysis module for quick and reliable parallel-distributed processing of the massive amount of log data. Furthermore, because the HDFS (Hadoop Distributed File System) stores data by generating copies of the block units of the aggregated log data, the proposed system offers automatic restore functions for the system to continually operate after it recovers from a malfunction. Finally, by establishing a distributed database using the NoSQL-based Mongo DB, the proposed system provides methods of effectively processing unstructured log data. Relational databases such as the MySQL databases have complex schemas that are inappropriate for processing unstructured log data. Further, strict schemas like those of relational databases cannot expand nodes in the case wherein the stored data are distributed to various nodes when the amount of data rapidly increases. NoSQL does not provide the complex computations that relational databases may provide but can easily expand the database through node dispersion when the amount of data increases rapidly; it is a non-relational database with an appropriate structure for processing unstructured data. The data models of the NoSQL are usually classified as Key-Value, column-oriented, and document-oriented types. Of these, the representative document-oriented data model, MongoDB, which has a free schema structure, is used in the proposed system. MongoDB is introduced to the proposed system because it makes it easy to process unstructured log data through a flexible schema structure, facilitates flexible node expansion when the amount of data is rapidly increasing, and provides an Auto-Sharding function that automatically expands storage. The proposed system is composed of a log collector module, a log graph generator module, a MongoDB module, a Hadoop-based analysis module, and a MySQL module. When the log data generated over the entire client business process of each bank are sent to the cloud server, the log collector module collects and classifies data according to the type of log data and distributes it to the MongoDB module and the MySQL module. The log graph generator module generates the results of the log analysis of the MongoDB module, Hadoop-based analysis module, and the MySQL module per analysis time and type of the aggregated log data, and provides them to the user through a web interface. Log data that require a real-time log data analysis are stored in the MySQL module and provided real-time by the log graph generator module. The aggregated log data per unit time are stored in the MongoDB module and plotted in a graph according to the user's various analysis conditions. The aggregated log data in the MongoDB module are parallel-distributed and processed by the Hadoop-based analysis module. A comparative evaluation is carried out against a log data processing system that uses only MySQL for inserting log data and estimating query performance; this evaluation proves the proposed system's superiority. Moreover, an optimal chunk size is confirmed through the log data insert performance evaluation of MongoDB for various chunk sizes.