• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.67
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• pp.23-47
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• 2015

European Commission drafted and proposed the Common European Sales Law(CESL) to the European Parliament for the realization of a uniform set of international private law rules within the EU internal market. Since its purpose is for free international commercial activities for the sale of goods, for the supply of digital content and for related services, it was proposed to enable EU Member States to adopt or supplement as their substantive law according to their options. This study is relate to the legal bases on termination of a contract under CESL, they are composed of three parts: damages and interest, restitution and prescription. Damages and interest are divided into damages, general provisions on interest on late payments, and late payment by traders. Damages are explained by dividing into right to damages, general measure of damages, foreseeability of loss, loss attributable to creditor, reduction of loss, substitute transaction, and current price. Restitution is described by dividing into restitution on revocation, payment for monetary value, payment for use and interest on money received, compensation for expenditure and equitable modification. Prescription is explained by dividing into general provisions, periods of prescription and their commencement and extension of periods of prescription. General provisions explain right subject to prescription into a right to enforce performance of an obligation and any right ancillary to such a right. Regarding period of prescription, the short one is two years and the long one is ten years. However, in the case of a right to damages for personal injuries, period of prescription for such right is thirty years. Regarding commencement, the short one begins to run from the time when the creditor has become, or could be expected to have become, aware of the facts as a result of which the right can be exercised, while the long one begins to run from the time when the debtor has to perform. However, in the case of a right to damages, the CESL clarifies that it begins to run from the time of the act which gives rise the right.

• The Journal of the Korea Contents Association
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• v.17 no.4
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• pp.95-107
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• 2017

Since disasters have been getting stronger and wider according to the influence of climate change, those impacts on social and national economy have been also getting more severe in various subjects. However, as direct property damage as well as casualties are only measured in case of disasters, monetary figures on its losses are likely to be underestimated, which are known as a major barrier to both compensation for loss and making a regional disaster management plan. Thus, the main purpose of this study is to develop statistics appropriate to the direct and indirect socioeconomic losses, which have continuously been overlooked. To achieve this purpose, this study defines the scope of direct and indirect socioeconomic losses, provides a framework for developing those measurements, and determines a preliminary statistics list. Selection criteria to set the final list are decided and are then applied to the list. The result of this study can be used as basic data for further studies to estimate and calculate its socioeconomic losses from storm and flood.

• The Journal of Information Systems
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• v.26 no.4
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• pp.87-106
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• 2017

Purpose The main purpose of this study is to examine whether the expectations and outcomes of the bicycle-sharing service significantly influence users' expectation disconfirmation, satisfaction, and continuous intention to use. In addition, we will verify the moderating effect of social interaction in bicycle-sharing service on the relationship between satisfaction and continuous intention to use. Design/methodology/approach Based on previous studies dealing with determinants of bicycle use, users' expectations and outcomes of the bicycle-sharing service were measured by three variables; accessibility, convenience, and safety. To collect the data, we conducted a survey of undergraduates at a university located in Seoul for three weeks, beginning March 6. Participants completed the first questionnaire, which measured expectations of the bicycle-sharing service based on the attributes and social interaction before using the BSS. After a few weeks, the same participants completed the second questionnaire, which measured outcomes of the outcome, disconfirmation, satisfaction, and continuous intention to use the BSS. Only participants who completed both surveys received monetary compensation. In order to test hypothesis, the Smart Partial Least Square (SmartPLS) modeling technique was applied. Findings In terms of main effects, based on the expectation disconfirmation theory, the results indicated that there were significant relationship among expectation, performance, disconfirmation, and satisfaction. In particular, it was verified that disconfirmation completely plays a mediating role between performance and satisfaction. In addition, the moderating effect of social interaction was examined. There was a significant interaction effects of social interaction and satisfaction on the continuous intention to use for leisure purpose. Finally, this study is expected to contribute to the study of resource sharing in the field of tourism and provide baseline information for future research.

• Journal of Communications and Networks
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• v.18 no.6
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• pp.975-988
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• 2016

Large access providers (ISPs) are seeking for new types of business agreements and pricing models to manage network costs and monetize better the provision of last-mile services. A typical paradigm of such new pricing norms is the proliferation of paid peering deals between ISPs and content providers (CPs), while on top of this, some ISPs are already experimenting with usage-based tariffs, usually through data-plans, instead of the typical fixed-based charging. In this work we define as common platform, the infrastructure in which a single ISP transacts with several CPs through peering agreements. In this context, we examine whether, and under which market conditions, the profitability of the involved stakeholders improves when the establishment of this platform is accompanied by a monetary compensation from the CPs to the ISP (paid peering), v.s. a scenario where their deal is a typical settlement-free one. In both cases, we assume that the ISP implements a usage-based access pricing scheme, implying that end-users will pay more for higher transaction rates with the CPs. Our framework captures some of the most important details of the current market, such as the various business models adopted by the CPs, the end-users' evaluation towards the ISP's and CPs' level of investments and the traffic rates per transaction for the offered services. By analysing the equilibrium derived by a leader-follower game, it turns out (among other practical takeaways) that whether or not the profitability of a CP improves, it highly depends on whether its business model is to sell content, or if it obtains its revenue from advertisements. Finally, we extract that consumer surplus is considerably higher under paid peering, which in turn implies improved levels of social welfare.

• Journal of Digital Convergence
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• v.13 no.2
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• pp.205-213
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• 2015

This study is a survey and research attempted to seek the ways of effective human resource management and improving the quality of nursing - targeting the nurses working for the general hospitals - by analyzing the impact of job satisfaction and job stress factors on exhaustion and turnover intentions, so as to find the nurses' turnover factors and remove those factors in advance. Although we cannot raise job satisfaction to the level we are satisfied by monetary compensation, i.e. salary alone, but as seen in this study, it is worth considering such ways as the subjects with high salaries showed relatively higher job satisfaction. Finally, in order to prevent the turnover of the competent nursing staff at an early stage, active systematic supplements and efforts are required; it is also necessary to provide constant job training, by taking into account of the specificity of nursing units and to secure and place adequate nursing staff, and to establish fair and objective promotion criteria.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.169-197
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• 2018

The purpose of this study is to present a reasonable and concrete standard for the Korean aviation insurance compulsory subscription system. Through this, we aim to improve the current revision of laws and regulations, and ultimately create an environment in which the safety and property of the Korean people who use aircraft with appropriate aviation insurance can be secured. In particular, by reviewing the aviation business law and its new laws and regulations enacted in 2017, the legislative improvement direction of aviation insurance will be proposed. In order to maintain the continuous growth of the air transportation industry and to make amicable compensation for the victims, considering the characteristics of the total accident, instantness, and giganticness of air accidents in which a lot of people and property are lost in the event of an accident, adequate insurance coverage is essential. In this respect, the compulsory insurance to amend the principle of freedom of contract, which is the great principle of the modern judicial system, will be persuasive. However, in comparison with foreign legislation, the legal provisions on Korea's obligation to comply with aviation insurance need to be revised around the following issues: First, it is reasonable to enforce the regulation of the mandatory aviation insurance by legislation from the Congress not by administrative regulations. Because it will force the monetary obligations of the individual such as common air carriers. Second, our law regulations respond to various kinds of air damages by using the phrase "limit of liability stipulated in international conventions". However, as we have seen in the text, the range of compensation are various according to the use of legal instruments in international conventions such as the Montreal Convention, which governs the compensation of passengers for damages to passengers today. Third, in countries with narrow territories, such as Korea, there are big differences in flying time and insurable risk between domestic and international transportation. Therefore, it is necessary to divide domestic transportation and international transportation even in the obligation to join the insurance. This dual discipline has the advantage for rookies in air carrier market who mainly start their business from domestic service. Fourth, according to Korean law, the regulations of automobile loss insurance is applicable to the aviation mandatory insurance of unmanned aerial vehicle accident which is lack of persuasion. In the future, it will be appropriate to discipline insurance for unmanned aerial vehicles with unlimited potential for development from a long-term perspective.

• Journal of the Korean Institute of Landscape Architecture
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• v.39 no.1
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• pp.46-55
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• 2011

The importance of forests and plants are appreciated by all of us, but it is often overlooked because we are surrounded by it. The arboretum is one of facilities which provide users with education on the environment, knowledge about plants, and recreation, playing a role as a nature school by exhibiting and collecting plants of various ecosystems. Anyone can enjoy fresh air, a pleasant environment, and knowledge about a wide variety of plants on the condition that they aactually visit it and pay the entrance fee. However, it has not been measured whether the expense which users pay to enjoy an arboretum is a true value of arboretums. The environment that arboretums offer is extra-market goods, or public goods. A variety of ideas and methods to measure the value of public goods have been researched among economists, statisticians, and mathematicians. The Contingent Valuation Method(CVM) is most widely used a s an assessment method on environment goods and adopted as an estimation method for compensation for restoration of the environment by the American Supreme Court. The purpose of this study is to suggest a current monetary value correspondingent to the value of arboretums by applying the CVM. The survey suggested that when an arboretum provides a high educational value and when the respondents have a higher income, it is more likely that they would be willing to pay for entrance into the arboretum. The quantified value in monetary terms for the environmental value of Gyeongnam Arboretum is WTP mean \15,648; WTP median \13,648; and WTP truncated \15,449 per visitor. In annual terms, the amounts are calculated at WTP mean \8,408,265,024; WTP median \7,333,589,024; and WTP truncated \8,301,334,762. These quantified amounts can be thought to represent the value of conservation of arboretums and awaken users to the precious value of nature. Also, they are helpful to let the general public have proper knowledge about and recognize the value of arboretums and forests.

• Journal of the Korean Society of Environmental Restoration Technology
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• v.17 no.5
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• pp.29-41
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• 2014

Ecosystem services provide various benefits to human beings, but are considered to be free of cost. To protect ecosystems in an economically sustainable way, several developing countries have adopted a policy known as the Payment for Ecosystem Services (PES) that compensates upstream services with monetary incentives collected from service users. Vietnam is one of the countries that have enacted a nationwide PES policy. However, the policy in Vietnam requires further development in order to evaluate the spatial priority zones based on the quantification of ecosystem services. To obtain a recent and high-quality land cover map, we first classified the land cover in the Da River basin, in northern Vietnam, using Landsat dataset. We then applied a water balance theory and an USLE equation to assess hydrological ecosystem services concerning water supply and sediment retention. Following the assessment, we identified the priority areas for hydrological ecosystem services exclusively for forest environments. We found that the quantity and distribution of services from forests varied, due to the topography, climate, and land cover. According to a quantile distribution, Mt. Phu Luong, Mt. Fansipan, and Hoang Lien National Park were evaluated as high service areas in terms of both water yield and sediment retention. As a result, this assessment method can help construct spatial priority zones concerning ecosystem service distribution, and can also contribute to benefit sharing by indicating which forest and landowners require compensation.

• Korean journal of communication and information
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• v.48
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• pp.63-89
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• 2009

The contents provided by the terrestrial broadcasters have governed the market based on their excellent quality in Korea. In spite of the launching of various pay TV services focusing on multi-channel, it is not yet easy to find out the substitutionary pay TV channels for the terrestrial. Therefore, the real time retransmission of the terrestrial channels brings about the crucial effects on the pay TV's competency, especially on the new media as the invisible barrier. So it is frequently proposed to change the aim of the retransmission policy from the universal access to the promotion of media industries. The retransmission can be divided into two types as the must carry and retransmission consent. In Korean situation, keeping or reducing the must carry channel would be appropriate rather than expanding them. However, periodic investigation into the public effects of the must carry is necessary, instead of it. Moreover, the rational and fair monetary compensation for the commercial channels(MBC, SBS, KBS2) is arising as the bottle neck in the retransmission agreements between the broadcasters. The conjoint analysis was carried out to estimate the welfare growth from the retransmission, based on the stated preference from the audiences' point of view. For must carry channels, it was certified as the 'win-win' strategy for both sides and audiences. For the commercial channels, it is revealed to be beneficial to the audiences. Thereafter, the standards for the rational price were suggested to promote the retransmission. This can contribute for inspiring the dynamic vitality to the media industry by reinforcing the contents competencies and for establishing the long term growth strategies.

• Journal of Korean Public Health Nursing
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• v.13 no.1
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• pp.41-62
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• 1999

Recently the request of the patients to participate in the medical courses has been expanding due to elevated sense of right on the people's health. merchandised medical treatment by mass supply, human right declaration of the patients, generalized medical informations by the mass media and the change of human relation between the medical personnels and the patients. Under these phenomena the accident by the nurses have been increasing by the area of the nurses having been expanded and their independent roles having been increased. Such nursing accidents are the important subject which the professional occupation of the nurses has been facing but legal protective capability of the nurses has been very weak. Therefore this study has examined the degree of the experience of the nursing accident that happens in the clinical nursing scenes in the general hospital to provide the basic materials for the protection and the counter measures of the nursing accidents. The following is the conclusion based by the above examination. 1) The general characters of the subjects of this study is that they are mostly single in their twenties and graduate from nursing college. Their total clinical career is above 5 years$(44.8\%)$ and their current clinical parts' career is between 1-3 years$(40.1\%)$. So these facts suggest that most hospitals has taken the working rotation policy on nurses. 2) The level of nurses' knowledge on the nursing law is accurate partially but isn't it patially. So it is suggested that nurses need the accurate information and education about the nursing law. But the nurses' attitude is very approved of the establishment of a unilateral nursing law. 3) The relation between the demographic characters of the subjects and their attitudes on the nursing law shows that there is no significant differences except the relation between the attitude 6(the sufficient level of education on nursing law in formal education course) and age. total clinical career. 4) The perception of the nurses shows that the cause of the nursing accident has been due to the heavy work$(78.2\%)$. short of professional knowledge and skill$(60.2\%)$, discordance with Doctors. patients and patients' families. They report the accident to the head nurse first$(81.8\%)$ and within 30 minute$(75.1\%)$. The hour of nursing accident frequently happened is regardless of service hour with $49.4\%$ in response rate. the highest rate. and the nursing accident happens in the night more than the daytime. Even though most nurses think that they are themselves responsible for nursing accident. it is found that the chief cause of the nursing accident is due to the nurses' heavy work$(78.2\%)$. So the causes of nursing accidents is analysed. it may be suggested that the endeavor of hospital and nursing organizations to decrease nursing accidents is very important. 5) The coping patterns of patients with nursing accidents are mostly active attitude such as a violent words$(69\%)$. sue or accusation$(36.4\%)$, monetary compensation $(35.6\%)$ except a understanding cases$(38.7\%)$. But the coping patterns of hospitals with nursing accidents are mostly to investigate the accurate cause.