• Title/Summary/Keyword: Monetary compensation

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Protecting Game Developers Under the Works-for-hire Clause of Copyright Law (게임개발자 창작 권리보호 방안에 관한 소고 -저작권법의 업무상저작물제도를 중심으로)

  • Choi, Ji-Sun
    • Journal of Korea Game Society
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    • v.11 no.4
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    • pp.73-91
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    • 2011
  • This paper investigates the possibilities of protecting game developers under the work-for-hire provision of copyright law. Fundamentally, the work-for-hire clause provides the authorship status to companies, not to game developers. Some argue that the clause is especially appropriate in software industries including game industries because they are new and different from typical types of copyright industries. However, game industries are different from software industries as well as typical types of copyright industries in that they have both cultural (artistic) as well as industrial characteristics. Game developers not being provided with the authorship status may be one of the reasons for the disputes related to turnover and knowledge leakage. This paper mainly suggests three kinds of solutions: first, protecting the moral right even in the work-for-hire provision; second, protecting game developers as coauthorship; and third, providing monetary compensation as it is in employee invention.

A study of Airport ground Service staffs on behavior factors turnover of the organization -Focusing on the mediating effect of organizational commitment- (공항 지상직 서비스 근무자의 이직행동 요인에 관한 연구 -조직헌신의 매개효과를 중심으로-)

  • Lee, Young-Suk;Lee, Jung-Hyun
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.17 no.10
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    • pp.147-157
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    • 2016
  • The opening of a second new airport is urgently needed to meet the growing number of visitors to Incheon International Airport. This study focused on effectiveness of mediating effects on the dedication to organization in order to determine why manpower resources of the airport service sector should take job-changing into account and to focus on staff who provide service to customers visiting Incheon International Airport management of airport service quality by providing a better service and preventing them from leaving their job. The results show that, first, only obligation conflicts and heavy workload affect the dedication to organization in terms of task-related causes. Second, compensation and relationships with seniors also affect the dedication to organization in terms of organization-related causes. Third, if more dedication is required, more employees will leave their job. Fourth, role conflict is the only reason to leave the job related to task. Fifth, only compensation and decision making affect the cause of the dedication to organization. The employer urgently needs to make a system to develop a relationship with colleagues and seniors, make a better work environment so that employees can work for a longer period and monetary or valuable compensation should be provided as indicated above in order to keep them employed.

Combinatorial Auction-Based Two-Stage Matching Mechanism for Mobile Data Offloading

  • Wang, Gang;Yang, Zhao;Yuan, Cangzhou;Liu, Peizhen
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.11 no.6
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    • pp.2811-2830
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    • 2017
  • In this paper, we study the problem of mobile data offloading for a network that contains multiple mobile network operators (MNOs), multiple WiFi or femtocell access points (APs) and multiple mobile users (MUs). MNOs offload their subscribed MUs' data traffic by leasing the unused Internet connection bandwidth of third party APs. We propose a combinatorial auction-based two-stage matching mechanism comprised of MU-AP matching and AP-MNO matching. The MU-AP matching is designed to match the MUs to APs in order to maximize the total offloading data traffic and achieve better MU satisfaction. Conversely, for AP-MNO matching, MNOs compete for APs' service using the Nash bargaining solution (NBS) and the Vickrey auction theories and, in turn, APs will receive monetary compensation. We demonstrated that the proposed mechanism converges to a distributed stable matching result. Numerical results demonstrate that the proposed algorithm well capture the tradeoff among the total data traffic, social welfare and the QoS of MUs compared to other schemes. Moreover, the proposed mechanism can considerably offload the total data traffic and improve the network social welfare with less computation complexity and communication overhead.

An Empirical Study to Estimate Fisheries Productivity Using a Statistical Application (어업생산성 추정을 위한 통계적 응용에 관한 실증 연구)

  • 김원재
    • The Journal of Fisheries Business Administration
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    • v.23 no.2
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    • pp.91-99
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    • 1992
  • It has been one of the critical issues that the researchers properly evaluate the fishing rights foregone by the coastal development activities like wetland reclamation. Particularly, estimating the productivity of concerned fishing rights is known to play a significant role in their monetary compensation. As a result, this paper attempts to develop a statistical model characterized by Cobb-Douglas production function in conjunction with the fisheries' productivity estimation. The primary hypotheses involving their statistical production function are as below : 1. The quantity of fisheries production is hypothesized to be expressed as a function of capital (K) and labor(L) put into fishing activities. 2. The estimated parameters of K and L are hypothesized to satisfy the conventional condition of production function as a form of Cobb-Douglas. These statistical tests reveal that the shellfish farming productivity heavily depends on the acre of mariculture while the input of labor force also considerably affects its productivity. In case of the fixed net fishing productivity, both the factors of capital and labor similarly affect the marginal change in its productivity. En addition, the productivity of shellfish (arming turns out to follow the increasing returns to scale, whereas that of fixed net fishing comes up with the decreasing returns to scale.

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Study on the Civil Legal Remedies against Cyber Defamation

  • Park, Jong-Ryeol
    • Journal of the Korea Society of Computer and Information
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    • v.23 no.3
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    • pp.93-100
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    • 2018
  • Cyber defamation is the act of damaging the reputation of the other person on the Internet, and the act of attacking by the commenting the article through a word or blog. The reason why punishment is stronger than general contempt is that the nature of crime about defamation is worse than contempt. Also, punishment intensity is higher than defamation because the nature of cyber information spreads widely. Honor is not only a question of self-esteem or identity, but also a function that economically reduces the cost of seeking information or socially trustworthy. Through these two functions, it has been developed as a legal system to protect the honor as well as asking the legal sanction for defamation. However, although honor is used in various meanings in everyday life, the honor of legal level is understood in a more limited sense. It is because the law cannot actively lead and protect all honor feelings for one's feelings or mood occurred by hurt. However, if the social evaluation of a group or individual is undermined through a certain distortion of the truth, the law will actively intervene. However, due to the ambiguity of the legal sanctions standards and the identification of the parties involved in the defamation of cyberspace, it was difficult to solve the problems related to defamation in fact. Therefore, this paper will try to find out the problems of civil legal remedy due to the cyber defamation, and seek a solution for civil legal remedy.

Passenger's Right to Compensation in relation to Delayed Flights - From the perspective of EU case law - (운항지연에 따른 승객의 보상청구권 - EU 및 프랑스 판례를 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.249-277
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    • 2015
  • Regulation (EC) No 261/2004 ("Regulation") is a common rule on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. In some recent cases of European nations, passengers sued the air carrier in order to obtain monetary compensation under Article 7(1) of the Regulation. Some courts dismissed the actions on the grounds that, unlike denied boarding or cancellation of the flight, the Regulation provides no compensation in relation to delayed flights. However, Court of Justice of the European Union(CJEU) ruled that Regulation 261/2004 must be interpreted to mean that passengers whose flights are delayed have a right to compensation in cases when the loss of time is equivalent to, or is in excess of three hours - where the passengers eventually reached their final destination three hours or more later than the originally scheduled arrival time. It is true that a strict interpretation of the regulation would suggest that passengers whose flight has merely been delayed are not entitled to compensation. They should only be offered assistance in accordance with the Articles 6 and 9. Nevertheless, the Court recognized the same right to the same compensation for passengers of flights delayed by more than three hours as that explicitly provided for passengers of cancelled flights. On the one hand, the Court bases this ruling on the recitals of the Regulation, in which the legislature links the question of compensation to that of a long delay, while indicating that the Regulations seek to ensure a high level of protection for passengers regardless of whether they are denied boarding or their flight is cancelled or delayed. On the other hand, the Court interprets the relevant provisions of the Regulation in light of the general principle of equal treatment. Furthermore, the Court delivered a ruling that the loss of time inherent in a flight delay, which constitutes an inconvenience within the intention of Regulation No 261/2004 and which cannot be categorized as 'damage occasioned by delay' within the meaning of Article 19 of the Montreal Convention, cannot come within the scope of Article 29 of that convention. Consequently, under this view, the obligation under Regulation No 261/2004 intended to compensate passengers whose flights are subject to a long delay is in line with Article 29 of the Montreal Convention. Although the above interpretation of the Court can be a analogical interpretation, the progressive attitude of the Regulation and the view of Court forward to protect passengers' interest is a leading role in the area of international air passenger transportation. Hopefully, after the model of the positive support in Europe, Korea can establish a concrete rule for protecting passengers' right and interest.

Need for New Criteria of an Injunction in a Patent Infringement (특허침해금지청구에 대한 새로운 판단기준의 필요성)

  • Shim, Mi-Rang
    • Journal of Legislation Research
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    • no.44
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    • pp.571-610
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    • 2013
  • The current patent system is more often used for defensive purposes to exclude others' use or as a means to hold unfair strong positions in negotiations rather than for the original purpose as the dissemination and active use of useful technology. An injunction together with a damage is an important remedy for patent infringements. However, unlike a claim for damages, injunctions do not require the subjective requirement of intent and negligence or the occurrence of loss. If the validity of the patent and the fact of infringement are confirmed, automatically injunctions are issued without consideration of other circumstances. So a patent holder would exclude others' use and have a powerful position in negotiations because of injunctions for patent infringements. Therefore, those injunctions for patent infringements should be flexibly restricted according to cases under the premise to ensure fair compensation for the patent owner, rather than absolutely admitting injunctions for patent infringements like now. If then, it would serve the use of a useful technology and industrial development as the purpose of the patent system. First of all, judgments for preliminary injunctions should be strict and by deliberate decision on the merits permanent injunctions should be determined. In addition, it is needed that court's discretion possible to considerate 'the need for an injunction'. When the courts judge 'the need for an injunction', 'whether a patent holder has implemented a patent invention, the possibility of monetary compensation and the ability of the infringer for damages, a patent holder's intent to license and whether an injunction has been used as a weapon of negotiation, the proportion of patent technology in the entire products, the characteristics of patent technology and the possibility of patent invalidity, the competitive relationship for market share, the public interests and gains and losses between the parties and so on' should be considered. After these judgements, if 'the need for an injunction' is not approved, a patent owner would be protected by post-monetary compensation. However, because damages are related to illegal conducts in the past, in the case that an injunction is restrained, measures to ensure the legal implementation in the future are needed. It is primarily desirable that reasonable royalty is estimated throughout private negotiations between parties, but if agreement between the parties does not occur, patent owner should be able to claim the royalty for future.

The Realities and Problems of Master Teacher System in China (중국 특급교사제(特級敎師制) 운영실태 분석 및 시사점)

  • Kim, Ee-Gyeong;LI, Jia-Yi
    • Korean Journal of Comparative Education
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    • v.24 no.6
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    • pp.163-185
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    • 2014
  • Along with concerns about deteriorating social and economic status of teachers around the world, Master Teacher System(MTS) has been considered as one of the alternatives to transform teaching profession into a more attractive job. In this study, the conditions and problems associated with the MTS in China is analyzed to draw implications for South Korea, which recently legalized the MTS. Research framework including four research questions is developed based on the controversies surrounding MTS of South Korea. The main findings show that the MTS in China was introduced to improve teachers' social and economic status along with the quality of prospective teachers. A very small number of master teachers are selected through rigorous standards including longer service period. They are given additional monetary and non-monetary compensations in return for their teaching-learning leadership and responsibilities. As highly respected educators, they enjoy the lifelong benefits, although they are annually evaluated. It is evident that the MTS has contributed to improving the attractiveness of teaching profession in China. Nevertheless, there are many problems associated with selection standards and methods of master teachers, their roles, compensation, evaluation and terms of service. Recent criticism due to changing circumstances surrounding education in China makes the MTS more questionable. Based on the findings, major implications for future directions of MTS of South Korea are drawn and suggested.

A Study on Career Commitment in Korean Public Sector (공공조직 구성원들의 경력몰입에 관한 연구)

  • Lee, Kyu-Man;Park, Yong-Sun
    • Korean Business Review
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    • v.20 no.2
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    • pp.29-45
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    • 2007
  • In today's rapidly changing business environment, corporations need to have flexibility in order to survive. This was especially true of Korean firms that were affected by the policies of the International Monetary Fund(IMF) since 1997. IMF requirements became a catalyst that helped Korean firms design their HR practices more rational and efficient. Although these changes increased the firms flexibility and global competitiveness, they also brought some harmful effects. Job insecurity is one of the most serious problems in Korean firms and in the greater Korean society, As today's organizations no longer lifelong employment, individuals put stress on psychological satisfaction with the need to manage one's career and employability in the open labor market rather than rapid promotion or high compensation in a organizations. Theoretically and empirically, the topics of career choice and career development were extensively developed. On the other hand, the issue of career commitment received little attention. The purpose of this study is to examine the preceding factors career commitment among public officials in Korea.

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Study on the Market Segmentation of inpatients (입원환자 시장세분화에 관한 연구)

  • Lee, Eun-Whan
    • Korea Journal of Hospital Management
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    • v.17 no.2
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    • pp.21-33
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    • 2012
  • Purpose : This study aims to suggest application of patients DB to hospital marketing by performing market segmentation and selecting target market. Consequently help to establish suited strategy of marketing. Method : 14,072 patients hospitalized in a University Medical Center were recruited into this study. In order to classify the customer groups, cluster analysis was used with RFM(Recency, Frequency, Monetary) model, and 1-way ANOVA verified the differences among groups. And then, sociodemographical status, healthcare utilization and diagnosis(ICD-10) of each group were compared to draw a marketing strategy. Results : Four groups were classified through clustering analysis, and'high use and high profit' and'low use and high profit' groups were selected as a target market. The features of target market were as follows, the female proportion was high; used a private room; hospitalized through the emergency room; had operation; length of stay was long; had many comorbidity and cooperative treatment. There was difference in each feature of target market: as for the'high use and high profit' group, many patients were diagnosed with 'certain infectious and parasitic diseases'; and as for the'low use and high profit'group, the proportion of patients who purchased'industrial accident compensation insurance'and'auto insurance'was relatively high; many patients were diagnosed with'Injury, poisoning and certain other consequences of external causes'. Conclusion : It is needed to establish'positioning' strategy by monitoring and communicating with'high use and high profit' group. And for the case of'low use and high profit' group, it is necessary to make a follow-up management and lead them to have a medical check-up.

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