• 제목/요약/키워드: Justice theory

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Mitigation of Plaintiff's Duty to Prove in Medical Malpratice Litigation - Focused on the Phrase "Layman's Common Sense" in Supreme Court Precedents - (의료과오소송 원고의 증명부담 경감 - 대법원 판례상 '일반인의 상식' 문언을 중심으로 -)

  • Suk, Hee-Tae
    • The Korean Society of Law and Medicine
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    • 제8권2호
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    • pp.195-204
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    • 2007
  • It is a general principle that the plaintiff takes burden of proof about negligence and causation in a civil compensation litigation. And it is the same in a medical malpractice lawsuit. Korean courts have made diverse efforts to mitigate the plaintiff's duty to prove in medical malpractice lawsuits under the name of justice and impartiality. One of those theoretical attempt is 'presumption of causation'. The Supreme Court, since 1995, has developed a new logic for the theory of 'presumption of causation' which is characterized by a phrase "layman's common sense". The Court presumes the defendant's negligence and causation when the plaintiff alleges and proves the facts which can be pointed out and expressed by a layman with common sense. And if the defendant fails to prove that the result was caused by other fact than own medical activities, the defendant shall be defeated. I realize that this theory has problem for justice and impartiality. I would say that two fators should be considered and added to this logic. First,are defendant's acts generally belonging to gross negligence which would cause that kind of bad result? Second, is it recognized that there would be the causation generally and statistically between the cause and the result?

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The Concept of Organizational Justice and Consequences in Newly Founded Corporations (창업기업의 조직 공정성의 개념과 효과성에 관한 연구)

  • Ahn, Kwan-Young;Park, Roh-Gook
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • 제7권1호
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    • pp.245-255
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    • 2012
  • Greenberg(1990) suggested that organizational justice research may potentially explain many organizational behavior outcome variables. One such example of nontraditional job behavior is organizational citizenship behavior and service quality, for they are part of the spontaneous and innovative behaviors noted by Katz(1964). Stimulated by conceptualizations of justice in organizations by such theorists as Homans(1961), Admans(1965), and Walster, Berscheid, and Walster(1973), organizational researchers devoted considerable attention in the 1960s and 1970s to testing propositions about the distribution of payment and other work-related rewards derived from equity theory. Although reviews and critiques of equity theories once dominated the pages of organizational journals, more recently it has been the subject of far more attention(Reis, 1986). In one notable recent trend, researchers and theorists have expanded on conceptualizations of procedural and distributive justice by turning attention to the interpersonal aspects of justice, the perceived fairness of the way people are treated by others. With the rapid and uncertain changes of organization, such voluntary behaviors as OCB, service quality, and innovative behavior have become more important for the development and survival of organization. Thus it is very important to keep the organization fair for keeping employees participative in organization. Here it is reviewed the relationship between organizational justice and it's related factors(OCB, service quality and innovative behavior).

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A Study on the Influence of Job Characteristics and Organizational Justice on the Job Satisfaction - Focusing on the Small- and Medium- Sized Firms in Namdong und Banwool Area - (중소제조업 종업원의 직무특성과 조직 공정성이 직무만족에 미치는 영향 - 남동 및 반월 공단을 중심으로 -)

  • Chang, Sug-In
    • Korean Business Review
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    • 제19권2호
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    • pp.23-46
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    • 2006
  • In modern economic societies, individuals are governed by organizations and they managed their daily lives in one way or another. through such organizations. All activities of the organizations are carried out by the job performance of individuals. Job is a very important factor for both individuals and organizations. The study is the explore. the effect of job characteristics and organizational characteristics on the job satisfaction in the small- and medium- sized firms in Namdong und Banwool Area. Job characteristics and organizational justice were hypothesized to be positively related to job satisfaction. To examine the influence of job characteristics and organizational justice on job satisfactions, data were collected from 320 employees of the small- and medium- sized manufacturing companies in Namdong und Banwool Area. This research took independent variables as the core job characteristics of the job characteristic theory such as skill variety, job stagnation, job importance, autonomy, feed back, and organizational justice as distributive and procedural justice. As a result, I can make the following suggestions. First, The Results show that job characteristics and organizational justice were significant and important predictors of job satisfaction. Secondarily, to raise the job desire of organizational members, job must be designed in such a way that the members can highly recognize their job characteristics.

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Love and Justice are Compatible ? - In Theory of Paul Ricœur (사랑과 정의, 양립 가능한가 - 폴 리쾨르 이론을 중심으로 -)

  • Lee, Kyung-lae
    • Cross-Cultural Studies
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    • 제52권
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    • pp.53-78
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    • 2018
  • In the moral culture of the West, love and justice are two commands with roots in ancient times. One is the heritage of Hebraism, and the other belongs to the tradition of Hebraism and Hellenism. The two concepts are the most important virtues required for preserving stability in society. These two commands are compatible, in an exclusive relationship to each other. To ultimately seek their reconciliation, the precise concept analysis and understanding of each of them should be premised on, due to the multi-layered meaning of implications of the two concepts. To this end, we first have started with a lexical meaning and have done a conceptual analysis of what these two concepts are expressing. We have looked at Paul $Ric{\oe}ur$ in his interpretation of the discourse of love and justice. Finally, we looked at how these two concepts are narrated in literature. Through the literary works of Stendal, Albert Camus, and Dostoevsky, we have seen examples of literary configurations that have been embodied in life. In this way, through conceptual analysis, discourse analysis, and narrative analysis of the two concepts, the following conclusions were drawn. Love and justice were not a matter of choice. We could see coldness and unrealism of a society lacking love or with a problem of unclean love, through Stendhal's and Albert Camus' novels and their actual debate. In addition, in unclean paternalism, risk of the power of love blocking certain a certain touch of justice was also confirmed. So, it was necessary for a healthy future society to explore the possibility of the coexistence of love and justice. We confirmed the possibility of compatibility in a 'considerate balance' wherein the 'moral judgment in situation' is required, as Paul $Ric{\oe}ur$ expressed. This ideal situation may be realized when forms of love involving solidarity, mutual care, and compassion with pain like Dostoevsky are combined with the principle of distributional justice. When Albert Camus pursued justice and eventually faced reality and mentioned the need for mercy, he could have made a moral judgment based on this situation. In the end, love protects justice, and justice contributes to the realization of love. Justice reduces super-ethical love to moral categories, and love plays a role in enabling justice to exert its full force.

Antecedents and Consequences of Cooperation in Retail Voluntary Chain (소매점 볼런터리 체인 활성화의 선행요인과 결과)

  • Yi, Ho-Taek
    • Journal of Distribution Science
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    • 제14권6호
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    • pp.65-73
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    • 2016
  • Purpose - Recently, the management conditions of small independent retailers are getting worse everyday as large-scale marts and franchised convenience stores are increasing. The objective of this research is to find out the antecedents and consequences of cooperation in voluntary chain in order to enhance small independent retailer's competitiveness. Voluntary chains, also called affiliation or symbol groups, or allied group represent a high market shared in some European countries like Italy, France, and Germany. Nevertheless, there are still limitations in this research from academic fields. Drawing from network theory, the author investigates the relationship between antecedent factors in voluntary chain cooperation, such as participation benefits, justice of compensation, and autonomy in voluntary chain, and relationship specific asset. The author also attempts to examine the relationship between the relationship specific asset and cooperation of voluntary chain member shop and cooperation and consequence factors of voluntary chain cooperation, such as efficiency, group cohesiveness, and long-term relationship. Research design, data, and methodology - The author presented conceptual framework integrating the major antecedents and consequences of voluntary chain cooperation. The data were collected from 174 independent small retailers who joined K-voluntary chain. K-voluntary chain consists of small independent retailers. In accordance with their status, each entrepreneur associated with the voluntary group can own one or more outlets and can be a part of the life and the decision-making process of the group. This participation is not based on company turnover or on the number of outlets, but based on a one member, one vote system. To verify the research model and test hypotheses, the author carefully investigated the reliability, content validity, convergent validity, and discriminant validity of the proposed model. The data were analyzed by using SPSS 18.0 and AMOS structural equation modeling program. Results - The results of this study are as follows. First, as antecedent variables, participation benefits and justice of compensation have positive effect on the relationship specific assets of voluntary chain members. Second, voluntary chain members' relationship specific asset also directly related to the level of its cooperation to chain headquarter. Third, cooperation of voluntary chain member shop facilitates efficiency, group cohesiveness, and long-term relationship. Unexpectedly, there are no effect autonomy in voluntary chain to relationship specific asset. Conclusions - This research shows several theoretical and practical implications to both marketing scholars and marketers. In terms of theoretical implications, this study applies to network theory and network theory variables to explain the antecedent and consequence factors of cooperation in voluntary chain. From the point of view from business management, most of all, this study shows the way how to reinforce competitiveness of voluntary chain. Specifically, it is necessary for voluntary chain headquarter to give higher level of participation benefit and justice of compensation to its members. Second, the results also indicate what the consequence factors of cooperation in voluntary chain. In other words, to increase the level of marketing efficiency, group cohesiveness, long-term orientation in retail voluntary chain, and chain headquarter need to facilitate participants' cooperation.

Postmodern Ecology and Environmental Justice as Symbiosis and Difference (포스트모던 생태학과 공생과 차이로서의 환경정의)

  • 최병두
    • Journal of the Korean Geographical Society
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    • 제36권3호
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    • pp.292-312
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    • 2001
  • The ecological crisis today can be seen as a result of modernity which has been developed on the Cartesian dualism of subject/object, and of human being/nature, and thereby has huts objectified and subjugated nature through science and technology New environmental ethics hence should be developed urgently against modernity and to overcome the present ecological crisis. This paper aims to consider some implications for ecology and environmental ethics in the post-structurists'arguments struggling against modernity to formulate new frameworks of discourse and politics, and to examine a possibility to theorize environmental justice on the basis of postmodem ecology. For this purpose, this paper first looks on ecological arguments and implications for environmental ethics in post-structuralism, then tries to gain prominent ecological insights, focusing on ethology and 'rhizomatic naturalism'in the philosophy of Deleuze, and finally interprets both bioregionalism as a theory of 'difference' from postmodern point of view and Deleuze's ecology in terms of symbiosis and difference, in order to conceptualize environmental justice.

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The Effects of Perceived Justice of Service Recovery Efforts on the Customer Relationship Performance in Mobile Social Commerce (모바일 소셜 커머스에서 서비스 회복 노력의 공정성이 대고객 관계성과에 미치는 영향)

  • Yoon, In-Hwan;Lee, Hee-Sang
    • Journal of Digital Convergence
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    • 제14권4호
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    • pp.267-276
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    • 2016
  • This paper aims to examine the effects of perceived justice of service recovery efforts on the customer relationship performance in mobile social commerce. To this end, we classified cognitive-affective trusts and post-recovery satisfaction into the customer relationship performance. This research employs a field survey of customers who experienced service failures in mobile social commerce and a covariance structural model analysis in order to test hypotheses of our research model. The findings present that all justices of service recovery efforts positively affect the cognitive trust, whereas the only procedural justice significantly influences the affective trust. In addition, the results show that cognitive-affective trusts have a positive effect on the post-recovery satisfaction. Our results suggest practical implications that are used to help managers maintain and improve relations with the customers who experienced service failures and to increase the post-recovery satisfaction.

The Effects of Switching-Frustrated Situation on Negative Psychological Response (전환 좌절상황에서 소비자의 부정적 심리반응에 관한 연구)

  • Jeong, Yun Hee
    • Asia Marketing Journal
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    • 제14권1호
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    • pp.131-157
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    • 2012
  • Despite the voluminous research on switching barriers, the notion that they can generate negative responses has not been investigated. Further, a critical question is what determines the strength of such negative responses. To address this question, the classic theory of psychological reactance is briefly reviewed, and the idea of switching barrier is advanced. This study attempts to suggest a model on the negative effects of switching- frustrated situation, based on the studies on psychological reactance. According to psychological reactance theory(Brehm 1966), whenever a freedom is threatened or removed, individuals are motivated, at least temporarily, to restore their freedom. For example, if individuals think they are free to engage in behaviors .v, y, or z, then threatening their freedom to engage in x would cause psychological reactance. This reactance could be reduced by an increase in the perceived attractiveness of engaging in, the threatened behavior(Kivetz 2005). This investigation seeks to extend existing switching barrier research in three important ways. First, while the past research has emphasized only positive role of switching barrier, this study address negative role of it by applying psychological reactance theory. Second, to find negative results of switching barrier, I suggest negative psychological response including regret to the past choice, resentment to the present provider, and strong desire to the alternative provider. Third, I suggest the perceived severity of the switching barriers, the attractiveness of the alternative as switching-frustrated situation which can lead to negative results. And, in addition to these relationships, I added moderated effects of perceived justice for better explanation. So this study includes the following hypotheses. H1-1 ~ H1-3: The attractiveness of the alternative has a positive effect regret to the past choice (h1-1), resentment to the present provider (h1-2), and strong desire to the alternative provider (h1-3). H2-1 ~ H2-3 : The perceived severity of the switching barrier has a positive effect regret to the past choice (h2-1), resentment to the present provider (h2-2), and strong desire to the alternative provider (h2-3). H3-1 ~ H3-3 : The positive relationships between the attractiveness of the alternative and consumer' negative responses will be stronger at low level of perceived justice than at high level of perceived justice. H4-1 ~ H4-3 : The positive relationships between the perceived severity of the switching barrier and consumer' negative responses will be stronger at low level of perceived justice than at high level of perceived justice. Survey research is employed to test hypotheses involving perceived severity of the switching barrier(Hess 2008), attractiveness of the alternative(Anderson and Narus 1990; Ohanian 1990),regret(Glovich and Medvec 1995), resentment, strong desire(Alcohol Urge Questionaire: Bohn et al. 1995), perceived justice(Bies and Moag 1986; Clemmer 1993; Lind and Tyler 1998). Previous researches, such as reactance theory, emotion and service failure, have been referenced to measure constructs. All items were measured on a 7-point Likert scale ranging from "strongly disagree" to "strongly agree". We collected data involving various service field, and used 249 respondents to analyze these data using the moderated regression. The results of our analysis suggest, as expected, that the perceived severity of the switching barrier had positive effects on regret to the past choice(b = .197, p< .01), resentment to the present provider(b = .214, p< .01), and strong desire to the alternative provider(b = .254, p< .001). And the attractiveness of the alternative had positive effects on regret to the past choice(b = .353, p<.001), resentment to the present provider(b = .174, p< .01), and strong desire to the alternative provider(b = .265, p< .001). However, our findings indicate perceived justice partly moderates relationship between switching-frustrated situation and psychological negative response. The study has brought to light a number of insights between switching barriers and consumer' negative responses that have been subject to little prior research. In particular, this study adds to the existing understanding of the psychological responses to switching barriers in switching- frustrated situation. This research therefore has significance to marketers for strategic marketing programs, particularly in terms of customer retention and switching barrier strategies. Since consumers could exhibit negative responses to switching barrier, companies would be able to lose their customer when they thoughtlessly use switching barrier for remaining customer. Although the study has these contributions, there are several limitations including unsupported hypotheses and research method. So, we need to make up for these limitations in the future researches.

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An Analysis on the Two Processes of Social Comparison and Self-Comparison (사회비교와 자기비교의 두 과정에 관한 분석)

  • Kang, Hye-Ja
    • Journal of Digital Convergence
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    • 제14권3호
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    • pp.445-452
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    • 2016
  • The purposes of this study were to examine the two processes of social comparison and self-comparison, and to suggest the applications of social comparison theories and self-comparison theories. For these purposes, social comparison theory, self-evaluation maintenance model, control theory, self-discrepancy theory, regulatory focus theory, and temporal comparison theory were reviewed. The processes of social comparison and self-comparison are different, but both comparisons are similar in that they have some effects on self-evaluation, emotion, motivation and behaviors. Suggestions on education, health, economic justice and interpersonal relationships were discussed.

Development and Evaluation of Remarriage Preparation Program (재혼준비교육프로그램 개발 및 평가)

  • 정현숙;유계숙;임춘희;전춘애;천혜정
    • Journal of the Korean Home Economics Association
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    • 제38권5호
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    • pp.1-14
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    • 2000
  • The purpose of this study is to develop and evaluate a remarriage preparation program. Based on the system theory, strong family perspective, care & justice perspectives, and empirical research in this field,4 session remarriage preparation program is developed. Target population of this program is persons who remarry and persons who marry with remarried partner This program is evaluated in terms of the level of remarriage preparation and level of changing attitude after education in terms of self-esteem, cognition & knowledge of parent behavior in the remarried family, object evaluation of their future remarriage life. Future research, theoretical and practical implications are added.

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