• Journal of Korea Trade
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• v.25 no.2
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• pp.152-177
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• 2021

Purpose - This study analyses the excepted requirement and burden of proof of the carrier due to unseaworthiness through comparison between the marine transport contract and marine insurance contract. Design/methodology - This study uses the legal analytical normative approach. The juridical approach involves reviewing and examining theories, concepts, legal doctrines and legislation that are related to the problems. In this study a literature analysis using academic literature and internet data is conducted. Findings - The burden of proof in case of seaworthiness should be based on presumed fault, not proved fault. The burden of proving unseaworthiness/seaworthiness should shift to the carrier, and should be exercised before seeking the protections of the law or carriage contract. In other words, the insurer cannot escape coverage for unfitness of a vessel which arises while the vessel is at sea, which the assured could not have prevented in the exercise of due diligence. The insurer bears the burden of proving unseaworthiness. The warranty of seaworthiness is implied in hull, but not protection and indemnity policies. The 2015 Act repeals ss. 33(3) and 34 of MIA 1906. Otherwise the provisions of the MIA 1906 remain in force, including the definition of a promissory warranty and the recognition of implied warranties. There is less clarity about the position when the source of the loss occurs before the breach of warranty but the actual loss is suffered after the breach. Nonetheless, by s.10(2) of the 2015 Act the insurer appears not to be liable for any loss occurring after the breach of warranty and before there has been a remedy. Originality/value - When unseaworthiness is identified after the sailing of the vessel, mere acceptance of the ship does not mean the party waives any claims for damages or the right to terminate the contract, provided that failure to comply with the contractual obligations is of critical importance. The burden of proof with regards to loss of damage to a cargo caused by unseaworthiness is regulated by the applicable law. For instance, under the common law, if the cargo claimant alleges that the loss or damage has been caused by unseaworthiness, then he has the burden of proof to establish the followings: (i) that the vessel was unseaworthy at the beginning of the voyage; and that, (ii) that the loss or damage has been caused by such unseaworthiness. In other words, if the warranty of seaworthiness at the inception of the voyage is breached, the breach voids the policy if the ship owner had prior knowledge of the unseaworthy condition. By contrast, knowingly permitting the vessel to break ground in an unseaworthy condition denies liability only for loss or damage proximately caused by the unseaworthiness. Such a breach does not, therefore, void the entire policy, but only serves to exonerate the insurer for loss or damage proximately caused by the unseaworthy condition.

• Management & Information Systems Review
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• v.37 no.4
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• pp.141-156
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• 2018

PMO(Project Management Office) has been considered as a general approach for the successful operation of IT project. The previous studies tended to emphasize on the roles and functions of PMO in a normative way. However, in practice, since PMO is operated as a joint structure in which client firms and professional PMOs work together, it seems to be important that the implementation system of PMO should be properly formed. In this paper, it is examined whether the competence of client firms and professional PMO influence on the setup of implementation system of PMO, and also whether implementation system of PMO influence of the performance of IT project. In addition, it is also analyzed if the competence of client firms and professional PMO influence differently on the setup of implementation system of PMO, according to the degree of knowledge complementarity. As a result of this study, it is found that the competence of client firms and professional PMO influence positively on the setup of implementation system of PMO, and governance factors such as clear definition of organizational roles, responsibility, and setup of standardized processes are also important in performance of IT project. It is also shown that, if knowledge complementarity is formed with a common knowledge base between client firms and professional PMOs, Project Management Office functions effectively. In summary, for the successful performance of IT project, it seems that it is required to approach from the view point of governance in forming the implementation system of PMO and it is also important to form knowledge complementarity between client firms and professional PMOs.

• Journal of Ethics
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• no.82
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• pp.73-125
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• 2011

This article aims to search for moral educational implication of J. D. Greene's recent neuro-scientific approaches to deontological ethics. Recently new technique in neuroscience such as fMRI is applied to moral and social psychological concepts or terms, and 'affective primacy' and 'automaticity' principles are highlighted as basic concepts of the new paradigm. When these principles are introduced to ethical theories, it makes rooms of new and different interpretations of them. J. D. Greene et al. claim that deontological moral judgments or theories are just a kind of post hoc rationalization for intuitions or emotions by ways of neuroscientific findings and evolutionary interpretation. For example, Kant's categorical imperative in which a maxim should be universalizable to be as a principle, might be a product of moral intuition. Firstly this article tries to search for intellectual backgrounds of the social intuitionalism where Greens' thought originates. Secondly, this article tries to collect and summarize his arguments about moral dilemma responses, personal-impersonal dilemma catergorizing hypothesis, fMRI data interpretations by ways of evolutionary theory, cultural and social psychological theories, application to deontological and consequential theories, and his suggestion that deontological ethics shoud be rejected as a normative ethical thought and consequentialism be a promising theory etc. Thirdly, this tries to analyse and critically exam those aspects and argumentation, especially from viewpoints of the ethicists whose various strategies seek to defeat Greene's claims. Fourthly, this article criticizes that his arguments make a few critical mistakes in methodology and data interpretation. Last, this article seeks to find its implications for moral education in korea, in which in spite of incomplete argumentation of his neuroscientific approach to morality, neuroethics needs to be introduced as a new approach and educational content, and critical materials as well.

• Korean Journal of Occupational Health Nursing
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• v.9 no.1
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• pp.39-48
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• 2000

Hyperlipemia is the most leading risk factor of cardiovascular disease which is the main cause of death in Korea. However, there is a tendency to neglect the prevention and treatment since it has no specific symptoms. It has been reported that the level of serum-lipid can be lowered by the improvement of eating habits. Therefore, it is highly likely that the development of programs on the improvement of eating habits through behavioral theory is required to the community nursing practice. The theory of planned behavior, which assumes that human behaviors are determined by one's intention to carry out the behavior, can be characterized by the point that behaviors are not only individual factors but also social behaviors relating to subjective norms. It is widely recognized that this theory has a high predictability on health behavior due to it's simplicity clearness, and measurability as well as high quality of being general. Thus, the theory of planned behavior could be useful in developing a model of a health promotion program to the change of behaviors of the risk group of cardiovascular disease. Consequently, based on the theory of planned behavior, the purpose of this study is to develop an intention promotion program of the diet, and then to testify the effects. The sample of this study consisted of 26 industrial workers who had proved hyperlipemia from a medical examination in 1996 (experimental group 13, control group 13). The intention promotion program, which includes education, monitoring, pressure, counselling on the level of individuals, families and organizations, was conducted for 10 weeks The purpose of this program was to promoting intention of the diet through changes of the prerequisite factors of intention such as behavioral belief, outcome evaluation, normative belief and control belief. When it came to data analysis, the ${\chi}^2$-test and Fisher's Exact test were used to compare the general characteristics between the experimental and the control group, an independent t-test for the other variables. ANOVA was used to the test hypothesis, and the Pearson correlation test for variable's correlation. The results of this study can be summarized as follows ; 1) There was a significant increase in the intention(F=18.51, p=.00) of diet in the experimental group. 2) Diets(F=32.51, p=.001) in the experimental group were better carried out than in the control group. 5) There was a moderate correlation between the intention of diet and performance (r=.587. p=.003). From the results, it can be concluded that the intention promotion program is very effective, leading to the change of health promotion behavior. Above all, it is really valuable that the intention promotion program in this study regards health promotion behavior as a social behavior and that intervention was done on the level of family and organization. Consequently, when performing a health promotion program, social approach elevating the intention should go hand in hand in order to make the program effective.

• Korean journal of communication and information
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• v.55
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• pp.74-99
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• 2011

This article tries to find out some regulatory facts to improve and vitalize roles of social media such as facebook, twitter, etc in the election campaign. For this goal, a theoretical approach is based on the agnostic and open aspects of the regulation system of election. Case study and in-depth interview were used as research methods in this article. The results are as follows. First, some differences are in the election regulatory system regarding the roles of social media in UK, US, Japan and Korea. The election public sphere systems of these countries categorized to the types of legal factors to control political communications in election public sphere; free-speech oriented system(UK. US), limited free-speech oriented system(Korea), normative-oriented system(Japan). Second, most respondents answered they agreed with some improvement ideas to reflect needs of netizen and academic who suggest to minimize regulatory burdens on social media in the political communication during the election campaign.

• Journal of The Korean Association For Science Education
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• v.39 no.1
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• pp.59-72
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• 2019

The purpose of this study is to show that epistemic considerations can be used meaningfully in the argumentation of elementary students, and to provide data on students' epistemic considerations that will be the basis for designing and evaluating scientific argumentation. The epistemic considerations in students' small group argumentations were explored based on Epistemic Considerations in Students' Epistemologies in Practice: EIP' suggested by Berland et al. (2016). The major results of this study are as follows: First, epistemic considerations in elementary school students' small group argumentation appeared in all four aspects: Nature, generality, justification and audience. The epistemic considerations varied according to context in each discussion situation. Second, epistemic considerations did not exist independently. They influenced each other and helped to reveal new types of considerations. The results of this study confirmed that argumentation can be used in elementary school science class. Understanding how students are involved in argumentation and how these epistemic considerations can affect students' argumentation can be helpful to teachers who design and evaluate small group argumentation. Students' achievement level affected epistemic considerations but learning approach types did not affect on. In addition, epistemic considerations may have a positive or negative effect on each other depending on the discussion situation in the process of interaction. So consideration of normative argumentation rules and teaching strategies should be considered in order for epistemic considerations to positively affect each other.

• The Journal of Korean Philosophical History
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• no.54
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• pp.243-272
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• 2017

The final purpose of this study is to construct new education model through the modernization of traditional education. Our citizenship education model is expected to facilitate the democratic personality and comprise the political education program. To achieve our research project, this paper have tried to reinterpret and categorize diverse the normative, political, ideal meaning of tradition. The modernization of traditional virtue and capability is the main source of democratical citizenship against liberal representative democracy. In this context, Our education model consists of the structure of educational system, the principle of operation and the role of subject, the method of teaching through the consilience of East and West educational philosophy and practice. According to our approach to overcome and the real problems of education, modern 'Sunbei' class model can enable to form community ethics and competence. Furthermore, our new class model will contribute to becoming a democratic citizen of student and the development of Korean democracy in the future. The order of discussion in this paper runs as follows. Firstly, we will investigate into dynamic change of the traditional value on the basis of the political perspective and seek the possibility of modern reinterpretation of traditional capability. Finally, we will complete new education model including both western value and Korean traditional value and the applicable to class teaching.

• Korean Journal of Culture and Social Issue
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• v.11 no.3
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• pp.1-21
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• 2005

Many researches have argued the most important dimension of perception or evaluation of person is morality and competence in Korean culture. This study was to investigate the cultural characteristics of the criteria of personhood. Two studies were conducted to investigate the criteria used to evaluate person by qualitative approach and the differences of evaluation of wrongdoer who violates interpersonal norm or individual autonomy by experimental method. In addition, anger as emotional response to wrongdoer is conceptualized in terms of moral and self-conscious emotion. Expression of anger is less an outpouring of emotion and more a culturally regulated and normative mode of managing and putting into practice our society's system of rights and obligations - its moral code. According to results of qualitative data by interview and focus group interview, the most important criteria used to evaluate personhood was interpersonal concern, esp, expectation and norm. The results of experiment revealed that violation of interpersonal norm domain evoked angrier towards violator than autonomy domain. The subjects ascribed more blame and responsibility to interpersonal norm violator than autonomy keeper. Also function of behavior inhibition of anger was higher in interpersonal norm domain than autonomy domain.

• Journal of Distribution Science
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• v.10 no.6
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• pp.27-37
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• 2012

Many studies have focused on the importance of organizational integration when companies try to achieve growth through mergers and acquisitions (M&A). However, there has been little research that focuses on the new branding or customer base integration of the M&A process, despite the fact that this integration is very important for achieving M&A goals and business performance in industries such as retail. The purpose of this study is to provide an M&A case study of the retail industry, focused especially on the new branding and customer integration of two department stores. This study examined key integration processes in terms of brand name and membership systems of both companies by examining how the merged company achieved its new branding and the integration of its membership systems. The methodology of this research is the case study, which is used in both normative and empirical studies for distribution research in Korea. This research analyzes the case of both new branding and customer membership systems of the two companies. The new branding initiatives of this case centered on decision making including brand extension and brand naming. The customer membership integration of the two companies is analyzed on the basis of the customer reward programs that include both financial and service rewards. This study shows the success factors of new branding and customer integration in the M&A process in terms of achieving marketing goals and business performance as follows: First, companies should identify the integration areas by analyzing the brand and membership of both companies and make a balanced decision for both the customer and company. Second, the goals of new branding and membership integration in the M&A process should not emphasize business efficiency from a short-term perspective but rather should consider brand power and business synergy from a long-term perspective. Third, the post-merger integration process of the brand or customer areas requires not only the organized execution of integration tasks but also follow-up programs for changes in business strategy and marketing-related programs to realize the synergy effects of integrated organization. Although this study provides a detailed review and analysis of the new branding and customer integration processes in post-merger integration and in identifying the primary decision-making areas of these processes, there are some limitations requiring further research that may overcome or compensate for these limitations. The suggested future research areas are as follows: First, since this research is a case study of only one M&A, it makes few theoretical contributions such as new propositions or theories or possibilities for generalization. This limitation can be overcome through further research using multiple cases, which may lead to new propositions. Second, the methodology of this study lacks sufficient rigor in terms of its analytic approach because this case study was developed and analyzed descriptively. Further research is needed to compensate for these limitations, such as using a theory-based approach or comparative analysis approach that makes case analysis more systematic.

• 한국사회정책
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• v.20 no.2
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• pp.169-193
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• 2013

This paper examines how a social investment approach can be applied in a comparative analysis of childcare arrangements. We compared changes in Sweden, France, Germany, the UK, Japan and Korea during the 2000s, focusing on four dimensions of social investment: activation, gender equality, quality of care, and the degree of state's intervention in the family. We considered leave systems and the number of children enrolled in formal care and education facilities as indicators for labour market activation. For gender equality, women's position in employment is considered with respect to labour market participation rates, proportion of permanent employment, and wage-sex ratio. Quality of care concerns child-to-staff ratio and care provided with government quality control. The state's intervention was measured as social spending on families as proportions of GDP and total social spending. Our analysis provides empirical evidence that Sweden and France are pioneers in this arena and that the UK, Germany, Korea, and Japan are path-shifters in their care paradigms, albeit to varying degrees. Is the social investment approach an adequate paradigm for care? In a normative sense, this approach has potential. However, the following issues remain unaddressed: gender equality should be achieved through an expansion in good-quality jobs, fathers should be encouraged to take on childcare duties, and families should have universal access to good-quality childcare services controlled by the government.