• 제목/요약/키워드: Informational Interaction

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국제전자정보거래(國際電子情報去來)에 관한 입법동향(立法動向) (Recent Developments in Law of International Electronic Information Transactions)

  • 허해관
    • 무역상무연구
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    • 제23권
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    • pp.155-219
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    • 2004
  • This paper focuses on two recent legislative developments in electronic commerce: the "Uniform Computer Information Transactions Act" ("UCITA") of USA and the "preliminary draft convention on the use of data message in [international trade] [the context of international contracts]" ("preliminary draft Convention") of UNCITRAL. UCITA provides rules contracts for computer information transactions. UCITA supplies modified contract formation rules adapted to permit and to facilitate electronic contracting. UCITA also adjusts commonly recognized warranties as appropriate for computer information transactions; for example, to recognize the international context in connection with protection against infringement and misappropriation, and First Amendment considerations involved with informational content. Furthermore, UCITA adapts traditional rules as to what is acceptable performance to the context of computer information transactions, including providing rules for the protection of the parties concerning the electronic regulation of performance to clarify that the appropriate general rule is one of material breach with respect to cancellation (rather than so-called perfect tender). UCITA also supplies guidance in the case of certain specialized types of contracts, e.g., access contracts and for termination of contracts. While for the most part carrying over the familiar rules of Article 2 concerning breach when appropriate in the context of the tangible medium on which the information is fixed, but also adapting common law rules and rules from Article 2 on waiver, cure, assurance and anticipatory breach to the context of computer information transactions, UCITA provides a remedy structure somewhat modeled on that of Article 2 but adapted in significant respects to the different context of a computer information transaction. For example, UCITA contains very important limitations on the generally recognized common law right of self-help as applicable in the electronic context. The UNCITRAL's preliminary draft Convention applies to the use of data messages in connection with an existing or contemplated contract between parties whose places of business are in different States. Nothing in the Convention affects the application of any rule of law that may require the parties to disclose their identities, places of business or other information, or relieves a party from the legal consequences of making inaccurate or false statements in that regard. Likewise, nothing in the Convention requires a contract or any other communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract to be made or evidenced in any particular form. Under the Convention, a communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract, including an offer and the acceptance of an offer, is conveyed by means of data messages. Also, the Convention provides for use of automated information systems for contract formation: a contract formed by the interaction of an automated information system and a person, or by the interaction of automated information systems, shall not be denied on the sole ground that no person reviewed each of the individual actions carried out by such systems or the resulting agreement. Further, the Convention provides that, unless otherwise agreed by the parties, a contract concluded by a person that accesses an automated information system of another party has no legal effect and is not enforceable if the person made an error in a data message and (a) the automated information system did not provide the person with an opportunity to prevent or correct the error; (b) the person notifies the other party of the error as soon as practicable when the person making the error learns of it and indicates that he or she made an error in the data message; (c) The person takes reasonable steps, including steps that conform to the other party's instructions, to return the goods or services received, if any, as a result of the error or, if instructed to do so, to destroy such goods or services.

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학업중단 북한이탈 청소년의 적응과정에 관한 질적연구 (A Study on the Adaptation Process of North Korean Immigrant Youth Discontinuing Formal Education)

  • 양영은;배임호
    • 사회복지연구
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    • 제41권4호
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    • pp.189-224
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    • 2010
  • 본 연구는 학업중단 북한이탈 청소년의 한국사회 적응과정과 사회적 지지의 경험에 관한 심층적 이해를 제시하고, 사회복지 및 거시적 차원에서 적응을 위한 적극적인 지원과 해결방안을 모색하는데 그 목적이 있었다. 본 연구는 사례연구조사를 실시하여 '범주화' 하였고, '학업중단 북한이탈 청소년의 초기적응과정 네트워크' 를 도출하였다. 본 연구의 주요결과로는 첫째, 연구참여자들은 경제적 적응을 제일 힘겨워하였고, 경제적 적응은 학업적응과 매우 긴밀한 연관성을 나타내었다. 연구참여자들은 남한거주기간 1.5년 미만의 초기적응과정에 있는 20대 초반의 학업중단 청소년들이었다. 따라서 탈북과정에서 초래된 학업격차와 연령차로 인하여 정규교육체계에 편입하지 못하였고, 취업시 학력조건이 미달되어 단순노동직의 저임금과 과잉근무에 시달리며 잦은 이직과 무직의 경험을 반복하였다. 둘째, 연구참여자들은 인간관계를 적응과정의 제일 중요한 핵심요소로 인식하였고, 인간관계에서 얻어지는 사회적 지지는 한국사회 적응에 긍정적인 기능을 하였다. 특히 남한사람들과의 교류는 정보적·평가적 지지를 얻을 수 있는 귀한 자원으로 인식되었다. 이러한 정보적·평가적 지지는 연구참여자들의 언어 적응을 돕고 문화적 이질감을 완화하였으며, 심리적 적응의 부정적 측면을 개선해 주었다. 한편 북한이탈주민과의 교류는 '배울 것이 없다' 는 이유로 멀리하였지만, 북한이탈주민 중심의 친밀한 관계에서 오는 정서적 지지는 연구참여자들의 적응과 심리적 안정에 매우 긍정적인 기능을 담당하였다. 셋째, 연구참여자들은 신체건강 및 심리적 적응에 있어 큰 어려움을 경험하였다. 지병은 치료받지 못하여 악화되었고, 여성의 자각증상은 매우 높았다. 새로운 환경에서 밀려오는 스트레스는 심리적 적응에 부정적인 영향을 미쳤으며, 연구참여자들은 자신감부족, 대인기피, 소외감을 경험하였고, 스트레스가 만성적인 경우 좌절감과 패배감을, 심각한 경우에는 분노와 우울증상을 경험하였다. 한편 연구참여자들은 가족과 함께 남한에 거주하였으므로 '가족을 고향에 버리고 왔다' 는 죄책감이나 '혼자' 라는 외로움이 낮았고, 민주주의 사회에서의 자유감과 안전감에 높은 만족도를 보였다. 이상의 연구결과를 근거로, 학업중단 북한이탈 청소년의 사회적 지지체계의 강화, 자립·자활을 위한 경제적 지원정책 제안, 학업적응 지원을 위한 교육정책 마련 등에 관한 구체적인 해결방향을 제언하였다.

소셜 미디어에서 정보공유를 위한 애착의 매개역할: 사회적 자본이론 관점 (Mediating Roles of Attachment for Information Sharing in Social Media: Social Capital Theory Perspective)

  • 정남호;한희정;구철모
    • Asia pacific journal of information systems
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    • 제22권4호
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    • pp.101-123
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    • 2012
  • Currently, Social Media, it has widely a renown keyword and its related social trends and businesses have been fastly applied into various contexts. Social media has become an important research area for scholars interested in online technologies and cyber space and their social impacts. Social media is not only including web-based services but also mobile-based application services that allow people to share various style information and knowledge through online connection. Social media users have tendency to common identity- and bond-attachment through interactions such as 'thumbs up', 'reply note', 'forwarding', which may have driven from various factors and may result in delivering information, sharing knowledge, and specific experiences et al. Even further, almost of all social media sites provide and connect unknown strangers depending on shared interests, political views, or enjoyable activities, and other stuffs incorporating the creation of contents, which provides benefits to users. As fast developing digital devices including smartphone, tablet PC, internet based blogging, and photo and video clips, scholars desperately have began to study regarding diverse issues connecting human beings' motivations and the behavioral results which may be articulated by the format of antecedents as well as consequences related to contents that people create via social media. Social media such as Facebook, Twitter, or Cyworld users are more and more getting close each other and build up their relationships by a different style. In this sense, people use social media as tools for maintain pre-existing network, creating new people socially, and at the same time, explicitly find some business opportunities using personal and unlimited public networks. In terms of theory in explaining this phenomenon, social capital is a concept that describes the benefits one receives from one's relationship with others. Thereby, social media use is closely related to the form and connected of people, which is a bridge that can be able to achieve informational benefits of a heterogeneous network of people and common identity- and bonding-attachment which emphasizes emotional benefits from community members or friend group. Social capital would be resources accumulated through the relationships among people, which can be considered as an investment in social relations with expected returns and may achieve benefits from the greater access to and use of resources embedded in social networks. Social media using for their social capital has vastly been adopted in a cyber world, however, there has been little explaining the phenomenon theoretically how people may take advantages or opportunities through interaction among people, why people may interactively give willingness to help or their answers. The individual consciously express themselves in an online space, so called, common identity- or bonding-attachments. Common-identity attachment is the focus of the weak ties, which are loose connections between individuals who may provide useful information or new perspectives for one another but typically not emotional support, whereas common-bonding attachment is explained that between individuals in tightly-knit, emotionally close relationship such as family and close friends. The common identify- and bonding-attachment are mainly studying on-offline setting, which individual convey an impression to others that are expressed to own interest to others. Thus, individuals expect to meet other people and are trying to behave self-presentation engaging in opposite partners accordingly. As developing social media, individuals are motivated to disclose self-disclosures of open and honest using diverse cues such as verbal and nonverbal and pictorial and video files to their friends as well as passing strangers. Social media context, common identity- and bond-attachment for self-presentation seems different compared with face-to-face context. In the realm of social media, social users look for self-impression by posting text messages, pictures, video files. Under the digital environments, people interact to work, shop, learn, entertain, and be played. Social media provides increasingly the kinds of intention and behavior in online. Typically, identity and bond social capital through self-presentation is the intentional and tangible component of identity. At social media, people try to engage in others via a desired impression, which can maintain through performing coherent and complementary communications including displaying signs, symbols, brands made of digital stuffs(information, interest, pictures, etc,). In marketing area, consumers traditionally show common-identity as they select clothes, hairstyles, automobiles, logos, and so on, to impress others in any given context in a shopping mall or opera. To examine these social capital and attachment, we combined a social capital theory with an attachment theory into our research model. Our research model focuses on the common identity- and bond-attachment how they are formulated through social capitals: cognitive capital, structural capital, relational capital, and individual characteristics. Thus, we examined that individual online kindness, self-rated expertise, and social relation influence to build common identity- and bond-attachment, and the attachment effects make an impact on both the willingness to help, however, common bond seems not to show directly impact on information sharing. As a result, we discover that the social capital and attachment theories are mainly applicable to the context of social media and usage in the individual networks. We collected sample data of 256 who are using social media such as Facebook, Twitter, and Cyworld and analyzed the suggested hypotheses through the Structural Equation Model by AMOS. This study analyzes the direct and indirect relationship between the social network service usage and outcomes. Antecedents of kindness, confidence of knowledge, social relations are significantly affected to the mediators common identity-and bond attachments, however, interestingly, network externality does not impact, which we assumed that a size of network was a negative because group members would not significantly contribute if the members do not intend to actively interact with each other. The mediating variables had a positive effect on toward willingness to help. Further, common identity attachment has stronger significant on shared information.

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