• Journal of Korea Trade
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• v.26 no.1
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• pp.81-98
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• 2022

Purpose - This study aims to compare the requirements under the United Nations Convention on Contract for the International Sales of Goods (CISG) and the Korean Civil Act (KCA) regarding the buyer's right to require the delivery of substitute goods. The buyer's right to demand substitute delivery not only protect them from the seller's breach of contract but also preserves the contractual bond between the parties by providing an opportunity for sellers to protect their goodwill and circumvent the extreme remedy of avoidance. However, as substitute delivery entails additional efforts and costs for return and re-shipment, this right should not be allowed in every case of defect. Additionally, unlike the CISG, the KCA contains no specific provision related to the requirements for claiming substitute delivery. Therefore, it would be meaningful to examine and compare what requirements should be fulfilled before the buyer exercises the right in relation to non-conforming goods under the CISG and the KCA. Design/methodology - We conducted a comparative study of the requirements under the CISG and the KCA regarding the buyer's right to require delivery of substitute goods given a seller's delivery of non-conforming goods. Additionally, we referred to the opinions from the CISG Advisory Council, the draft of the KCA amendment, and related precedents, mainly focusing on the existence and severity of defects, reasonableness, and timely notice and requests as the major requirements for substitute delivery. Findings - The results of this study can be summarized as follows: First, the CISG provides more detailed requirements about the right to require delivery of substitute goods; by contrast, the KCA does not stipulate any such requirement. Thus, specific requirements for substitute delivery should be included when amending the KCA. Second, the CISG attempts to minimize overlapping and conflict with other remedies by specifying detailed requirements for the delivery of substitutes. Third, both the CISG and KCA require reasonableness for substitute delivery. Originality/value - Although there are no explicit legal requirements for substitute delivery under the KCA, there has been relatively little discussion of this issue to date. Therefore, the findings of our study can guide future revisions of the KCA to fill this loophole. Moreover, the recently released CISG Advisory Council opinion that clarifies the continuing confusion and debate, can help distinguish which remedy is suitable for a particular case. It may provide practical advice for businesspeople in international trade as well as legal implications for the future development of the KCA.

• The Journal of Korea Institute of Information, Electronics, and Communication Technology
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• v.15 no.2
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• pp.164-177
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• 2022

Medical device usability evaluation refers to the evaluation of medical devices through actual users before the final prototype production is completed. IEC 62366, one of the international safety standards for electronic medical devices, is a standard that must be applied to obtain medical device licenses in major advanced countries such as Europe and the United States. In Korea, through the Ministry of Food and Drug Safety's notice, from January 2021, sequential application by grade has been implemented. In this study, 15 participant specialists were recruited through the Incheon G University Hospital Medical Device Convergence Center for formative evaluation during user suitability evaluation of the focused ultrasound stimulation system being developed by Icleo Co., Ltd., and the test was conducted through joint scenario development. . In the result of task performance, the performance rate was 90.67%, and after the completion of the performance, 86.67% of 'Easy user interface' and 94% of 'Identification/Readability/Understanding of information' questions in the participant survey results analysis by question. The response rate was above average.

• Korean Journal of Culture and Social Issue
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• v.25 no.4
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• pp.249-277
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• 2019

This study examined the involuntary retirement of executives in conglomerates based on Williams' need-threat temporal model of ostracism(2009), which explains the psychology of individuals facing social exclusion in the stages of reflexive, reflective and resignation. In-depth interviews were conducted on 15 retirees from conglomerates, and their contents were used for phenomenological method of analysis. As a result, in the reflexive stage of need-threat temporal model of ostracism, they experienced cognitive panic and emotional panic immediately following retirement. Due to an unexpected shocking experience of retirement notice, they experienced cognitive numbness first, and repressed the following negative feelings cognitively to hide them. In the reflective stage, retirees dream of 'a complete restoration to their best performance in the past', but as such expectation fails, they don't adjust to the reality more due to 'unrealistic thought', 'self-deception', and 'shift responsibility'. In resignation stage, a long-term failure to satisfy the desire led them to experience a sense of defeat and helplessness. Such results were reviewed and compared to Williams' need-threat temporal model of ostracism, and the implications of such result on the nation, companies and retirees in terms of the response to retirement.

• The Korean Society of Law and Medicine
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• v.23 no.4
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• pp.3-28
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• 2022

Recently, the targets and clauses of negotiation between 'National Health Insurance Service (NHIS)' and Pharmaceutical companies has been expanded. Due to newly adopted 'Quality management clause', 'Compulsory supply maintenance clause' and 'Penalty for breach of contract clause', not only 'Ministry of Health and Wellfare (MOHW)'s 'drug listing' and 'Price cap' announcement, but also 'negotiation between NHIS and pharmaceutical companies' can be a legal sanction to the suppliers. Once secretary of MOHW order NHIS to negotiate with pharmaceutical company, NHIS notify this order to the company and enter into the negotiation. 'The order' exists in the public domain between the government (MOHW) and public institutions (NHIS) and does not constrain the legal rights of companies (Therefore companies cannot pile a lawsuit about the order). However, 'the notice' or 'negotiation' is an act which has a counterpart, can be a target of administrative litigation if the company get some disadvantages from the talks. Negotiations can be divided into four types according to "the target (whether it is listed on the insurance benefit list)" and "the purpose (whether the target is price or conditional)." In particular, negotiations on listed drugs, whose goal is to set unfavorable conditions for companies, can be illegal if there is no price. So we need to consider compensation for the company as an incentive to negotiate.

• Journal of Korean Neurosurgical Society
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• v.66 no.5
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• pp.573-581
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• 2023

Objective : Due to the implementation of vaccinations and the development of therapeutic agents, the coronavirus disease 2019 (COVID-19) pandemic that started at the end of 2019 has entered a new phase. As a result, neurosurgeons should reconsider the way they treat their patients. As the COVID-19 situation prolongs, the change in neurosurgical emergency patients according to the number of confirmed cases is no longer clear. Outpatient treatment by telephone was permitted according to government policy. In addition, visits to caregivers in the intensive care unit were limited. Methods : The electronic medical records of patients who had been treated over the phone for a month (during April 2020, while the hospital was closing) were reviewed. Meanwhile, according to the limited visits to the intensive care unit, a video meeting was held with the caregivers. After the video meeting, satisfaction was evaluated using a questionnaire. Results : During April 2020, 1021 patients received non-face-to-face care over the telephone. Among the patients, no critical medical problem occurred due to non-face-to-face care. From July 2021 to December 2021, 321 patients were admitted to the neurosurgical intensive care unit and 107 patients (33.3%) including their caregivers agreed to video visits. Twice a week, advance notice was given that access would be made through a mobile device and the nurse explained to caregivers how to use the mobile device. The time for the video meeting was approximately 20 minutes per patient. Based on the questionnaire, 81 respondents (75.7%) answered that they agreed, and 26 respondents (24.3%) answered that they strongly agreed that was easy to communicate through video meetings. Fifty-two (48.6%) agreed and 55 (51.4%) strongly agreed that they were easy to understand the doctor's explanation. For overall satisfaction with this video meeting, three respondents (2.8%) gave 4/5 points and 95 respondents (88.8%) gave 5/5 points, and nine (8.4%) gave 3/5 points. Their reason was that there was not enough time. Conclusion : In situations where patient visits are limited, video meetings through a mobile device can provide sufficient satisfaction to caregivers. Telemedicine will likely become common in the near future. Health care professionals should prepare and respond to these needs and changes. Therefore, establishing a system with institutional support is necessary.

• Journal of Science Education
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• v.46 no.2
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• pp.195-211
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• 2022

In this study, we explored the meaning of astronomical observation activities of five earth science teachers through in-depth interviews. Semi-structured interviews were conducted after providing a questionnaire based on Seidman's three-step process of interview. By analyzing the interview transcript, the educational implications inherent in astronomical observation activities were extracted. Teachers have constructed systematic basis of observation and astronomy in the observational astronomy and laboratory class during their course in the teacher education institute. After they became in-service teachers, practical know-hows of astronomical observation activities in schools were developed with the help of colleagues. By designing and executing astronomical observation activities for students, teachers notice positive changes in the cognitive domain, affective domain, and career perception of the students. Hence, teachers consider that astronomical observation activities have great educational effects. In addition, astronomical activities appear to be very rewarding and satisfying experiences to teachers, by providing opportunities for having pride as an earth science teacher. However, teachers tend to find difficulties in operating astronomical observation activities in fields, due to both internal and external obstacles. It is found that the removal of internal obstacles is more important for teachers to attempt or to continue astronomical observation activities. In this sense, it is necessary to support teachers by providing timely training courses with related content, as well as opportunities to share their experiences within a peer group such as teachers' research society.

• Korea Trade Review
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• v.42 no.1
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• pp.257-281
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• 2017

It becomes a common feature of business practices in International Trade to use a standard terms for the formation of their contracts. However, because of differences in legal systems, business practices and so on in their own countries, there have been many conflicts and disputes happening between parties concerned in International Trade. The CISG, which has long been used as the governing law in many cases of International Trade, could not be free from those conflicting issues in its usage and application. This study analyzes the "Black Letter Rules" which was adopted by CISG Advisory Council in 2013 to provide an effective way of resolving the conflicting issues regarding the inclusion of standard terms in International Trade Contracts under the CISG. This study scrutinizes, the relevant rules and requirements for the inclusion of standard terms into a contract. It also deals with the offeror's duty of making clear reference to the standard terms, transmitting the contents of standard terms to the other party. As the other rules for the inclusion of standard terms, this study reviews the principle of denying the inclusion of standard terms after the formation of contracts, exclusion of surprising or unusual terms, preference of individually negotiated terms to the standard terms, contra preferentum rule and preference of the "knock-out rule" to "last-shot rule" in resolving the issue of so called, "Battle of Forms." Lastly, on the basis of analyzed opinion, this study suggests the practical implications for the people working at International Trade-related business sector to facilitate International Trade.

• Asia Marketing Journal
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• v.12 no.4
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• pp.113-136
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• 2011

Product harm crises can distort long standing favorable equality perceptions, tarnish a company's reputation, cause major revenue and market-share losses, lead to costly product recalls, and devastate a carefully nurtured brand equity. However, in spite of the devastating impact of product-harm crises, little systematic research exists to asses its marketing consequences. So, this study focuses on the negative publicity about companies and their products. Namely, this study presented how inclusion effect supported the relationship between negative publicity and consumers' response, market performance. According to the results, after negativity publicity was happened, it was appeared that the negativity image spread into other product lines(spillover effect; inclusion effect). Also, when they contact with the negative publicity, respondents negatively evaluated both production evaluation and corporate evaluation. And, in that case of the products with negativity publicity, compared with refutation strategy(defense strategy<study 2>), improving strategy(correction notice) had positive influence on recovery of sales, product evaluation, and corporate evaluation. Finally, as the reaction time toward negativity publicity was faster, the market performance got worse. Especially, according to two-way interaction, when the reaction time was fast, the difference between refutation strategy(defense strategy<study 2>) and improving strategy was not existed in product evaluation and corporate evaluation. However, when the reaction time was late(after a month), improving strategy had more positive evaluation than defense strategy in product evaluation, and corporate evaluation.

• Journal of Practical Engineering Education
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• v.15 no.1
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• pp.107-117
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• 2023

The operating regulations of the undergraduate co-op amended and announced on July 6, 2021 aim to enhance the quality of co-op and improve student rights through the standardized operation. However, among the revisions, 75% of the minimum wage and up to 25% of job training are acting as great difficulties in corporate participation in the co-op. Therefore, the purpose of this study is to review the concept of the co-op and the main contents of the revision of the Ministry of Education's operating regulations, and to examine companies' perceptions and responses. As a result of the study, some companies were not aware of the revision of the notice in detail. In addition, the revisions related to the training support fee was found to be the biggest concern among the corporates, and the burden of job training also existed among the corporates. Based on the research results, policy improvement directions were discussed, and the implications and limitations of this study were also suggested.

• Korean Journal of Acupuncture
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• v.40 no.4
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• pp.156-168
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• 2023

Objectives : This study aimed to determine the status of thermal stimulation devices approved in Korea for medical applications over the past 10 years, and based on this, to obtain insight for future thermal treatment in Korean medical institutions. Methods : We searched the item classification list entitled "Regulations on Medical Device Items and Rating by Item" from the Ministry of Food and Drug Safety Notice No. 2021-24, 2021 (Enforced March 19, 2021; www.mfds.go.kr) for individually licensed heaters using the terms "heat" and "heating". Results : We identified 17 items of thermal stimulation product group, of which 1,308 devices were licensed by February 4, 2022, and 53.2% of them (n=696) were devices with valid permits for distribution in Korea. Among the licensed devices, heating pad systems under/overlay (electric, home use) were approved the most, but combinational stimulator (for medical use, home use; Grade 2) accounted for the highest percentage among the current valid permission. Moxibustion apparatuses were licensed separately for electrical use and non-electrical use, and occupied a low percentage of the total devices. We analyzed 307 devices that were accompanied by technical documents and found that the heat sources were wires in 145 (47.2%), infrared rays in 44 (14.3%) and ultrasonic waves in 42 (13.7%) devices. Most (83.1%) devices were used for pain relief, while other applications included beauty, cancer treatment, maintenance of infant body temperature, and healing fractures. Conclusions : Thermal stimulation devices accounted for about 0.9% of all medical devices, and among them, combinational stimulators and heating pad systems under/overlay had the most valid permits. Thermal stimulation devices using heating wires and infrared rays were the most prevalent, and most were used to relieve pain. In order to develop a range of thermal stimulation devices that can be utilized in Korean medical institutions, it is imperative that they have potential applications beyond pain management, addressing various medical purposes. To achieve this, foundational research is necessary to effectively apply diverse heat sources based on medical objectives.