• Journal of Arbitration Studies
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• v.30 no.3
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• pp.21-45
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• 2020

The major legal issues of this case were governing law questions regarding the liability of the shipowner/employer to its employee. It is true that in the absence of the parties' choice of law, the arbitral tribunal may apply the substantive laws or rules of law which it deems appropriate. However, it does not mean that the arbitral tribunal has arbitrary discretion in choosing the appropriate law as the governing law of the case; rather, the arbitrators should carefully examine the conflict of law rules of the forum and the requirement of the law of the country where the upcoming arbitral award will be enforced. They must bear in mind the role of the "connecting factors" in determination of the governing law. Therefore, the application of an alien law, which has minimal connecting factor with the case, may lead to a conclusion that is hardly understood by the parties. On the same token, the arbitrators must pay attention to applying the mandatory rules of a country, the laws of which not being the governing law of the issue. It is said that the application of the mandatory rules is a necessary evil to secure the enforcement of the award in the country, which has national interest in applying its own law to the issue. Further, arbitrators must pay attention to the consistent application of the law and respect the integrity of a legal system to reach a fair conclusion. The place of service of a seafarer for a vessel navigating international sea ought to be its home port country rather than the country of the ship registry, and the party autonomy in choice of the law in a seafarer employment should be respected.

• Journal of Nutrition and Health
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• v.49 no.2
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• pp.72-79
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• 2016

Purpose: The initiation of mandatory folic acid fortification using pteroylmonoglutamic acid (PteGlu) has reduced the rate of congenital malformations. However, it also appears to be responsible for several adverse effects, including increased cancer incidence. This may be related to physicho-chemical characteristics of PteGlu. This study examines the potential effect of high concentrations of PteGlu on a population subjected to mandatory folic acid fortification using an in vitro model. Methods: Caco-2 (colorectal cancer) and MCF7 (breast cancer) cell lines were cultured at 6 different PteGlu concentrations (0, 0.1, 1, 50, 250, and $500{\mu}g/ml$) for 6 days. Cell growth was determined using thiazolyl blue tetrazolium bromide assay. The genotype of dihydrofolate reductase 19bp deletion/insertion (DHFR 19-del) was also scored in cell lines using a restriction fragment length polymorphism technique to examine whether genetic variations may factor in cell proliferation. Results: PteGlu exhibited differential growth promoting properties between cell lines. Caco-2 cells did not show a significant growth difference at low concentrations compared to control, however, at higher concentrations, the growth showed a contrasting trend in the early experimental period, while MCF7 showed enhanced cell growth at all concentrations. The DHFR 19-del genotype differed in the two cell lines. Conclusions: Altered response to PteGlu by Caco-2 and MCF7 may reflect a tissue specific disease aetiology or genotype specific differential enzyme activity, for example by DHFR, to critical levels of PteGlu. As folic acid fortification is a blanket intervention, and DHFR and other enzyme activities vary between individuals, PteGlu intake may have an as yet undefined effect on health. These findings may be relevant when considering mandatory folic acid fortification for disease prevention.

• Journal of Arbitration Studies
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• v.19 no.2
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• pp.3-26
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• 2009

This paper is to research on the role of party autonomy in the decision of applicable law for the arbitral proceeding, arbitral award and arbitration agreement, in the decision of the place of arbitration, in the composition of arbitration tribunal, and the choice of arbitral proceedings. The principle of party autonomy is fundamental to arbitration in general and to international arbitration in particular. Generally the tenn of party autonomy is used as the autonomy of the parties to decide all aspects of an arbitration procedure subject only to certain limitations of mandatory law. Party autonomy permits the parties to a commercial arbitration to choose the laws and make the rules which govern the arbitral proceedings. Party autonomy allows the parties freedom to choose the applicable laws for the arbitral proceeding and the place of arbitration. Party autonomy is recognized in relation to the choice of law for the merits of the dispute as well as for the arbitration agreement and the arbitration procedure. On the basis of the recognition of party autonomy in international treaties, national legislation and court decisions, arbitral practice has generally accepted and enforced party autonomy both regarding the procedure and the applicable substantive law. All modern institutional rules of arbitration follow that line. Today it is recognized by national legislators all over the world to the effect that the jurisdiction of national courts can be excluded by arbitration agreement and that the parties may choose the law applicable to arbitral proceedings. Limits on party autonomy are imposed by mandatory provisions of international or national law or of institutional arbitration rules regarding the procedure. Mandatory laws at the place of the arbitration or under any procedural law chosen by the parties may restrict party autonomy. These mandatory laws usually take the form of public policy considerations in the arbitration. Limitations on party autonomy have been reduced more and more, and the trend of modern national as well as international legislation on arbitration leans clearly in the direction of a maximum of party autonomy.

• Preventive Nutrition and Food Science
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• v.19 no.4
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• pp.247-260
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• 2014

The impact of folate on health and disease, particularly pregnancy complications and congenital malformations, has been extensively studied. Mandatory folic acid fortification therefore has been implemented in multiple countries, resulting in a reduction in the occurrence of neural tube defects. However, emerging evidence suggests increased folate intake may also be associated with unexpected adverse effects. This literature review focuses on contemporary issues of concern, and possible underlying mechanisms as well as giving consideration the future direction of mandatory folic acid fortification. Folate fortification has been associated with the presence of unmetabolized folic acid (PteGlu) in blood, masking of vitamin $B_{12}$ deficiency, increased dosage for anti-cancer medication, photo-catalysis of PteGlu leading to potential genotoxicity, and a role in the pathoaetiology of colorectal cancer. Increased folate intake has also been associated with twin birth and insulin resistance in offspring, and altered epigenetic mechanisms of inheritance. Although limited data exists to elucidate potential mechanisms underlying these issues, elevated blood folate level due to the excess use of PteGlu without consideration of an individual's specific phenotypic traits (e.g. genetic background and undiagnosed disease) may be relevant. Additionally, the accumulation of unmetabolized PteGlu may lead to inhibition of dihydrofolate reductase and other enzymes. Concerns notwithstanding, folic acid fortification has achieved enormous advances in public health. It therefore seems prudent to target and carefully monitor high risk groups, and to conduct well focused further research to better understand and to minimize any risk of mandatory folic acid fortification.

• Korean Journal of Organic Agriculture
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• v.27 no.1
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• pp.1-16
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• 2019

The questionnaire survey was conducted on 225 farmers in Gyeonggi-do, Jeollanam-do and Jeollabuk-do. A total of 189 (84%) farmers responded. 72% of the respondents were males, 50.3% were aged 60 or older, and 51.3% had less than 5 years of farming experience. 78.8% of the respondents are pesticide-free, and 44.4% of respondents have less than 0.5 ha of farming scale. 61.4% of the cultivated crops were vegetable crops. The order of seeds and seedlings to buy was tomato (23.3%), cucumber (12.2%) and pepper (10.6%). The cost of purchasing seeds ranged from a minimum of 100,000 won to a maximum of 5 million won. 78.3% of respondents answered that they well-knew or knew about organic seeds. 78.3% of respondents answered that they knew or knew about organic seeds. Of the positive effects of mandatory use of organic seeds, 41.3% of respondents said they would increase confidence in organic certification. However, 41% of respondents who opposed the mandatory use of organic seeds said that "The strengthening of regulations will make organic agriculture more difficult." When the use of organic seeds is mandatory, 43.4% of the respondents favor direct support for the purchase of organic seeds, which should be supported politically by the state. When organic seeds were supplied, the disease resistant seeds (53.4%) was the preferred characteristic of organic seeds. For the optimal price of organic seeds, 38.6% of respondents wanted the same price as the commercialized conventional seed. In this study, the questionnaire was conducted for three major organic farming regions, but many of the respondents were judged to have a legal position on the mandatory use of organic seeds. Therefore, the results of this study can be used as a basic data for reviewing the legislation on the organic seed production and distribution suitable for the situation of Korean organic farming.

• Knowledge Management Research
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• v.24 no.1
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• pp.223-243
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• 2023

RPA is implemented through management policy and enforced in mandatory environments to enhance performance and efficiency in various fields. However, the success of RPA implementation depends on the level of active engagement from organization members, even in a mandatory setting. This study identifies perceived ease of use, usefulness, accountability, perceived risk, and self-efficacy as variables that influence conative use behavior, which consists of reflective secondary factors such as immersion, reinvention, and learning. Data was collected from 207 office workers in various industries who have experience with RPA to test the proposed research model. The structural equation was verified using SPSS 20.0 and SmartPLS 4.0, and the analysis showed that all the proposed variables had a significant impact on conative use behavior. Our research findings provide theoretical and practical implications in knowledge management, enabling companies that implement RPA to recognize and address factors that encourage their members to actively use RPA.

• Journal of Labour Economics
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• v.38 no.1
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• pp.31-65
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• 2015

This paper examines why older wage workers leave their jobs and what determine the hazard of retirement. Major results are as follows. First, aged workers leaving their jobs because of formal mandatory retirement are relatively few in number and largely males employed in large establishments. Second, a higher hourly wage is associated with a greater retirement hazard, especially among male employees of large firms. Third, informal mandatory retirement puts a strong pressure towards retirement among older female workers. Fourth, poor health is the primary reason for retirement among older workers, especially for females and small-firm employees. Finally, reasonable hours and greater flexibility of work tend to lower retirement hazard. We discuss some implications of the results for old-age labor market policies.

• Journal of Labour Economics
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• v.37 no.3
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• pp.101-122
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• 2014

This paper empirically estimates the decision of aged workers related to the retirement decision. Using the supplemental survey for aged people of the Korean panel data set, the paper analyses the correlation between the retirement decision of middle-aged people (aged 50 years or older) and personal characteristics and job characteristics of main jobs that aged people had worked, particularly focusing on the mandatory job retirement regulation and its regulation of retirement ages. The empirical results show that the regulated retirement age is more important than the existence of mandatory retirement system in related to the workers' retirement decision.

• Journal of Distribution Science
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• v.18 no.2
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• pp.69-77
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• 2020

Purpose - This paper is aimed to analyze the effects of the mandatory closing regulation targeting large retailers, which has been implemented since 2012 to protect small retailers. We examine the changes in consumers' choice of retailers and their purchasing patterns of agri-food following the implementation of such regulation. Research design, data, and methodology - Household spending patterns were identified through the historical data of household food purchase, consumer panel provided by the Rural Development Administration. Clustering was employed to determine the household spending patterns. Moreover, the different household spending patterns before and after the regulation were comparatively studied. The patterns of consumers' choice of retail stores and shopping baskets by the type of retailers, derived from the respective datasets before and after the regulation, were compared to analyze the effects of the regulation. Results -After the regulation, some consumers who used to shop at large retailers before the regulation changed their shopping places to small retailers. However, the product categories that consumers had mainly purchased before the regulation were rarely changed even after the regulation. Conclusions - Although the regulation helped migrate some of the consumers to small retailers, the regulation seemed to have failed to stimulate consumers to purchase the goods, normally bought at large retailers, from traditional markets. In other words, traditional markets are not effective substitutes for regulation-affected retailers.

• Journal of Labour Economics
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• v.33 no.3
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• pp.1-23
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• 2010

Extension of mandatory retirement age (MRA) differs from other labor supply increases in that it induces a change in the incentive to save for retirement. A simple general equilibrium model indicates that extension of MRA can lead to a decrease in life-time income and social welfare as it excessively discourages domestic savings and thus capital accumulation. However, in an open economy where capital inflow allows capital input in production to remain constant despite lower domestic capital stock, extension of MRA likely increases worker welfare. In such case, extension of MRA can contribute to expansion of hiring demands through lowering wages or mitigating upward pressures on wages.