• Journal of Arbitration Studies
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• v.31 no.1
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• pp.83-105
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• 2021

If aggrieving consumers or employees cannot prove both substantive and procedural unconscionability, many U.S. state courts will enforce arbitration agreements. Additionally, U.S. courts weigh a variety of factors to determine whether an arbitration agreement is substantively unconscionable. For example, U.S. courts have considered one or a combination of the following factors: (1) the fairness of contractual terms; (2) the severity of contractual terms' deviation from prevailing standards, customs, or practices within a particular industry; (3) the reasonableness of goods-and-services contract prices; (4) the commercial reasonableness of the contract terms; (5) the purpose and effect of the terms and (6) "the allocation of risks between the parties." Further, procedural unconscionability characterized by surprise or lack of knowledge focuses on terms that are deceptively hidden in a mass of contract language, the object of another concealment, or imposed in the circumstances involving haste or high-pressure tactics so that they are not likely to be read or understood. This unconscionability doctrine can be applied to a situation where an alcoholic dementia-afflicted older adult is admitted to a nursing home. At that time, because she had alcoholic dementia, which precluded her reading, comprehending, writing, negotiating, or signing of any legal document, her son, who did not understand the adhesion contract, signed the standardized residential contract and the arbitration agreement.

• Asian Journal of Business Environment
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• v.3 no.1
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• pp.23-27
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• 2013

Purpose - This study will focus on motivation of temporary workers working in distributors as well as generic companies, especially MPS (motivating potential score) proposed by job characteristics model. We think that temporary workers required intrinsic motivation in order to commit with their organization because they are difficult switch-regular workers due to glass ceiling. Research design, data, methodology - This study operates a survey targeting temporary workers, specifically, we used 144 copies except uncollected copies and dishonesty response of total 165 copies on analysis. We used multiple regression and 3 step regression to investigate the proposed model. Results - The high level of perceived distributional justice and procedural justice was increased the level of organizational commitment, respectively. And, MPS was increased the level of organizational commitment, too. Finally, this study showed that both justice and Job characteristics were very important to increase organizational commitment. Conclusions - In order to inspire temporary workers, the company provides placing enough considering job characteristics as well as fairness of the procedure and distribution. Also, to more fully understand the underlying processes between HRM (Human Resource Management) concepts, new fundamental methods may be required such as switch full-time opportunities.

• Journal of Arbitration Studies
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• v.29 no.4
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• pp.187-210
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• 2019

This article examines the necessity for the introduction of an ICSID Appellate System. In comparison with the WTO appellate system, the ICSID ad hoc Committee has a very limited mandate. An annulment inquiry under the ICSID arbitration system barely focuses on whether the arbitral decision resulted from a justifiable process. As long as there is procedural legitimacy, the resulting awards remain unaffected under the annulment procedure, irrespective of mistakes of fact or law. In contrast, in the WTO DSS the AB substantively reviews panel rulings and suggestions that are founded on any deficiency of objectivity or error in the interpretation of a particular WTO provision. This defect intrinsic in the annulment procedure could cause injustice to a party earnestly interested in correcting recognized misapplication of law by ICSID tribunals. Accordingly, the establishment of an appellate system would result in a more substantive and procedural review of awards. The creation of such an ICSID appellate system would ensure thorough scrutiny of the decisions of the tribunal of first instance, leading to better reasoned outcomes. This could lead to a crystallization of predictability in investment relations. The end result would be that fairness, clarity, reliability, and legality in the ICSID adjudicative process would be unassailable, to the advantage of all the contracting parties.

• Journal of Information Technology Services
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• v.5 no.1
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• pp.61-81
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• 2006

It is necessary to systematically explore the reform plans of the Software Industrial Promotion Law to systematically a representative high-added value future knowledge-based industry, software industry. The current Software Industrial Promotion Law provides only one provision on software business contract procedures, and the Civil Code, the National Contract law or Subcontract Fairness Law regulate other things, so the features of software industry are not properly reflected. To the contrary, the Information Communication Construction Law or the Construction Basic Law effectively prevent disputes by providing material and detailed provisions. Therefore the current software industry needs to be shifted from promotion to fundamental one. That is, as the software industry takes up a large portion at present, so the law should have basic procedural provisions. Also the National Contract Law governs only the contract procedures of public sector, so there should be business performance procedural provisions to regulate the software business formalities of civil sector. And the National Contract Law controls the sale, construction and service of articles at separate contract procedures, but software business contains construction and service characters simultaneously, so there should be business performance procedures fit for software business. Thus this study presented the legislative need and bill on the performance procedures of software business.

• The Journal of Asian Finance, Economics and Business
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• v.9 no.5
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• pp.531-539
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• 2022

The goal of the research is to identify the relationship between organizational justice, job satisfaction, and work attitudes in the context of job rotation. The competence and loyalty of the employees of an organization are critical to the organization's success. Therefore, organization should invest in developing their employees, including creating effective procedures and human resource management policies. A job rotation program is one of the critical policies in developing employees, as through this program employees can develop and actualize their abilities. However, there are some challenges in practice regarding implementing the procedures of job rotation. One of the challenges is related to the concept of organizational justice, which then impacts on employees' job satisfaction and work attitudes. This study was conducted in focused group discussions. The sample is 272 of a state-owned organization. In this study, the concept of organizational justice, with the dimensions of distributive justice, procedural justice, and interactional justice, were used along with the discussion of job satisfaction and other work attitudes. The results were issues of fairness in perceiving organizational justice in the job rotation context, and the most significant response lies in procedural justice.

• Culinary science and hospitality research
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• v.23 no.4
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• pp.144-162
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• 2017

This research utilized integrated package program of PASW Statistics 18.0 and AMOS 22.0 to analyze how the influence of service quality factor of coffee chains affects customer satisfaction and intention of customer behavior. The utilized statistics techniques were frequency analysis, exploratory, confirmatory factor analysis, covariance structure analysis, multiple group structure equation model analysis, etc. As a result of hypothesis verification, first of all, it was verified that the service quality factor of coffee chains affected positive (+) effect on service justice. Second, it was verified that the service justice affected positive (+) effect on customer satisfaction. To see it detailed, it is possible to see that all factors, perception of interactive justice, distributive justice, procedural justice, were adopted as the case of affecting service satisfaction (p<.001). Third, it was verified that among the circumstances that service quality affected to satisfaction, justice played a role as intermediary role. Fourth, it was verified that service satisfaction affected positive (+) effect on customer satisfaction, finally, the influence that customer satisfaction affecting behavioral intention has no effect on behavioral intention by brands of domestic or abroad.

• The Journal of the Korea Contents Association
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• v.21 no.10
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• pp.494-507
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• 2021

This study conducted a regression analysis on 312 local government officials in Gyeonggi-do to verify the hypothesis on the relationship between job autonomy and organizational citizenship behavior. Path analysis was conducted to analyze the mediating effect of organizational fairness recognition and the moderating effect of self-efficacy. Looking at the analysis results, first, it was confirmed that the higher the degree of job autonomy perceived by the members of the organization, the more positive (+) organizational citizenship behavior was. Second, the partial mediating effect of procedural justice was confirmed in the relationship between autonomy and organizational citizenship behavior. On the other hand, the mediating effect of distributional justice was rejected in the relationship between autonomy and organizational citizenship behavior. Third, self-efficacy controlled the mediating role between job autonomy and organizational citizenship behavior in recognition of procedural justice. Fourth, it was analyzed that self-efficacy plays a controlling role between job autonomy and organizational citizenship behavior. The results of this study are expected to contribute to the development of organizational behavior theory through preceding factors of organizational citizenship behavior to improve the organizational performance of local public officials.

• Korean Security Journal
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• no.59
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• pp.161-188
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• 2019

Not much is known about the factors of North Korean refugees willingness to report crime. Based on the survey of 800 North Korean refugees living in the metropolitan area of South Korea, this study examined the theoretical factors influencing North Korean refugees' willingness of reporting crime. Focusing on the legal cynicism, procedural justice, and the behavior of law theory, this research verified that procedural justice model is most important in explaining their willingness to report crime. Variables under procedural justice model(i.e., perceived fairness of the law, confidence in the law, and perceived necessity of the law) were significant in an expected direction. On the other hand, most of the hypotheses based on social conditions derived from the five types of stratification, morphology, culture, organization, and social control presented by Donald Black (1974) showed no significant effects on the intent to report crime among North Korean refugees. Implications for research and policies were discussed based on the findings.

• Journal of Distribution Research
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• v.2 no.1
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• pp.115-141
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• 1997

This study examines the effects of economic and relational dimensions of supplier-distributor relationship on distributors intents to leave. A survey of 121 computer hardware distributors revealed that distributors commitment to the relationship and their transaction-specific investment would decrease directly the level of withdrawal intention. Other relational dimensions such as the procedural and distributive fairness, the morality of aspiration, and economic dimensions such as the transaction-specific investment made by the supplier and distributors expectations fo future performance increase indirectly the level of withdrawal intension via affecting either trust or commitment. The present study also found that perceived uncertainty and relative dependence might moderate the effects the economic and relational dimensions on distributors intents to leave. Relational dimensions, when compared to economic dimensions, tend to have stronger impacts on withdrawal intentions under high levels of uncertainty and relative dependence.

• Journal of Arbitration Studies
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• v.19 no.3
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• pp.43-66
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• 2009

This paper investigates what are the types and legal grounds for interim measures in the U.S. arbitration practices. The statutory ground for the interim measures is the Revised Uniform Arbitration Act. Another ground, probably the most important, is the parties' own intentions to adopt the interim measures in their arbitration proceeding. Most typical interim measures in arbitration include preliminary injuction, attachment and antisuit injunction. In the U.S ex parte motion for interim measure is rarely allowed while the Revised UNCITRAL Model Law specified an ex parte interim measure. In launching the interim measures, the US courts have demanded several requirements including imparability, probability of success and passing of the balance test. In general, the U.S. courts have properly interfered with the procedural issues in arbitration unreined but leaving the substantive issues untouched. It is believed that such interference has helped to enhance the credibility in arbitration with respect to fairness and justice.