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A Study on Differentiation and Improvement in Arbitration Systems in Construction Disputes (건설분쟁 중재제도의 차별화 및 개선방안에 관한 연구)

  • Lee, Sun-Jae
    • Journal of Arbitration Studies
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    • v.29 no.2
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    • pp.239-282
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    • 2019
  • The importance of ADR(Alternative Dispute Resolution), which has the advantage of expertise, speed and neutrality due to the increase of arbitration cases due to domestic and foreign construction disputes, has emerged. Therefore, in order for the nation's arbitration system and the arbitration Organization to jump into the ranks of advanced international mediators, it is necessary to research the characteristics and advantages of these arbitration Organization through a study of prior domestic and foreign research and operation of international arbitration Organization. As a problem, First, education for the efficient promotion of arbitrators (compulsory education, maintenance education, specialized education, seminars, etc.). second, The effectiveness of arbitration in resolving construction disputes (hearing methods, composition of the tribunal, and speed). third, The issue of flexibility and diversity of arbitration solutions (the real problem of methodologies such as mediation and arbitration) needs to be drawn on the Arbitration laws and practical problems, such as laws, rules and guidelines. Therefore, Identify the problems presented in the preceding literature and diagnosis of the defects and problems of the KCAB by drawing features and benefits from the arbitration system operated by the international arbitration Institution. As an improvement, the results of an empirical analysis are derived for "arbitrator" simultaneously through a recognition survey. As a method of improvement, First, as an optimal combination of arbitration hearing and judgment in the settlement of construction disputes,(to improve speed). (1) A plan to improve the composition of the audit department according to the complexity, specificity, and magnification of the arbitration cases - (1)Methods to cope with the increased role of the non-lawyer(Specialist, technical expert). (2)Securing technical mediators for each specialized expert according to the large and special corporation arbitration cases. (2) Improving the method of writing by area of the arbitration guidelines, second, Introduction of the intensive hearing system for psychological efficiency and the institutional improvement plan (1) Problems of optimizing the arbitration decision hearing procedure and resolution of arbitration, and (2) Problems of the management of technical arbitrators of arbitration tribunals. (1)A plan to expand hearing work of technical arbitrator(Review on the introduction of the Assistant System as a member of the arbitration tribunals). (2)Improved use of alternative appraisers by tribunals(cost analysis and utilization of the specialized institution for calculating construction costs), Direct management of technical arbitrators : A Study on the Improvement of the Assessment Reliability of the Appraisal and the Appraisal Period. third, Improvement of expert committee system and new method, (1) Creating a non-executive technical committee : Special technology affairs, etc.(Major, supports pre-qualification of special events and coordinating work between parties). (2) Expanding the standing committee.(Added expert technicians : important, special, large affairs / pre-consultations, pre-coordination and mediation-arbitration). This has been shown to be an improvement. In addition, institutional differentiation to enhance the flexibility and diversity of arbitration. In addition, as an institutional differentiation to enhance the flexibility and diversity of arbitration, First, The options for "Med-Arb", "Arb-Med" and "Arb-Med-Arb" are selected. second, By revising the Agreement Act [Article 28, 2 (Agreement on Dispute Resolution)], which is to be amended by the National Parties, the revision of the arbitration settlement clause under the Act, to expand the method to resolve arbitration. third, 2017.6.28. Measures to strengthen the status role and activities of expert technical arbitrators under enforcement, such as the Act on Promotion of Interestments Industry and the Information of Enforcement Decree. Fourth, a measure to increase the role of expert technical Arbitrators by enacting laws on the promotion of the arbitration industry is needed. Especially, the establishment of the Act on Promotion of Intermediation Industry should be established as an international arbitration agency for the arbitration system. Therefore, it proposes a study of improvement and differentiation measures in the details and a policy, legal and institutional improvement and legislation.

Review on the Legal Status and Personality of International Organization Hosted in Korea - In Case of AFoCO Secretariat - (글로벌시대 국내유치 국제기구의 법인격 - 한·아시아산림협력기구(AFoCO) 사무국의 사례를 중심으로 -)

  • Choi, Cheol-Young
    • Journal of Legislation Research
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    • no.44
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    • pp.211-239
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    • 2013
  • In 2012, the Korean government has hosted the AFoCO Secretariat in Seoul. The AFoCO Secretariat is established by Agreement between the Governments of the Member States of the Association of Southeast Asian Nations and the Republic of Korea on Forest Cooperation (AFoCO Agreement) which is initiated by the Korea. The Korea government, however, does not have any laws and regulations to regulate the matter of legal status and legal personality of nationally hosted international organizations including the AFoCO Secretariat. Therefore, the legal status and legal personality of AFoCO Secretariat in international and domestic arena are still not clear. To articulate such issues and to propose some answers, this article analyzes the international and domestic legal theory and practice about the status and legal personality of public international organizations. As a result, it is common in the literature to delimit international organizations by some standards. One characteristic is that international organizations are usually created between states. A second characteristic is that they are established by means of a treaty. And as a third characteristic, international organizations must possess at least one organ which has a will distinct from the will of its members. According to those criteria, the AFoCO Secretariat can be categorized as a public international organization. It means that the AFoCO enjoys certain privileges and immunities as a public international organization and must confer legal capacity in Korea even there is no domestic laws and regulations conferred the status and legal personality to it. It, however, will be a better way to confer domestic legal personality on the AFoCO Secretariat through a domestic act like an "Act on the Assistance of International Organization Attraction". This act will stipulate the legal status of international organization in Korea including the privileges and immunities as well as the matter of assistance of hosting international organizations.

Studies on the Structure and Function of the Subsidiary Baekje Temple Building Attachments - Focusing on the Buyeo Wangheungsa Temple - (백제 사찰 부속건물지의 구조와 기능 - 부여 왕흥사지를 중심으로 -)

  • Lee, Sangil
    • Korean Journal of Heritage: History & Science
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    • v.54 no.1
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    • pp.138-163
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    • 2021
  • The Buyeo Wangheungsa Temple was excavated 15 times by the Buyeo National Research Institute of Cultural Heritage by 2015. In doing this, it was confirmed that the attached buildings were placed in the east and west along with the central Sangharama building. Various building sites were established in the western section of the temple, and various buildings were placed inside, and this pattern was estimated in the eastern section. In this article, the structure and function of the attached buildings of the Wangheungsa Temple were focused on the planar structure and excavated artifacts. The most distinctive feature of the attached buildings of the Wangheungsa Temple is their construction alongside the central Sangharama building. It is different from the building to the Neungsan-ri Temple, which was expanded gradually. The attached buildings in the east and west of the lecture hall are presumed to be living space for monks who used solitary rooms, and the attached buildings in the east and west of the main hall were a combination of public work space used for things such as administration, ceremonies, and reception. Next, looking at the outer space of the central Sangharama, the western section was likely constructed at the same time as the central Sangharama. However, if you look at the building site inside the western section, the function has been changed in two stages. The first stage was a ritual space, and it is evident that the western section has a separate entrance and sidewalk and that the workshop was used as a monastery space in the second stage. Finally, there is a distinct possibility that the eastern part of the complex was an important section. Although this space is presumed to be composed of triple towers and halls, it must be have been approached in various ways and included structures related to the operation of temples, such as the monastery space. From this point on, the overall appearance of Baekje temples can be recovered through access to temple structures in a wide variety of ways, including studies of the attached buildings.

Analysis of Local Government Environmental Impact Assessment (EIA) Ordinances and Preparation of Consultation Guidelinesfor EIA - A Case of Incheon Metropolitan City - (지방자치단체 환경영향평가 조례 현황 분석과 협의 지침서 작성 방안 - 인천광역시 사례를 중심으로 -)

  • Lee, Jongook;Cho, Kyeong Doo
    • Journal of Environmental Impact Assessment
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    • v.31 no.4
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    • pp.226-240
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    • 2022
  • Local governments over a certain size in Republic of Korea may conduct Environmental Impact Assessment (EIA) considering regional characteristics if it is necessary, in accordance with Article 42 of the 「Environmental Impact Assessment Act」. However, it was investigated that the number of local government EIA operation in many local governments was less than initial expectations. In order to improve it, the status of ordinances and consultation guidelines which are different for each local government need to be compared, and the institutional issues forthe relevant local governments must be found considering regional characteristics. Furthermore, detailed regulation and guidance on the local government EIA procedure should be included in the consultation guidelines and related information need to be provided. In this study, focusing on the case of Incheon Metropolitan City, the status of local government EIA ordinances in metropolitan cities and provinces with a similar condition was investigated, and the types and scope of target projects were compared and analyzed. In addition, consultation guidelines forIncheon Metropolitan City were written, and improvements on the procedure flow and overall schedule designation derived from the process were presented. In the case of Incheon Metropolitan City, there were no detailed information officially announced regarding the regulations of the local government EIA ordinance and follow-up management, so the administrative system of the local government needed to be reinforced in this field. Meanwhile, considering the status of local environment and geography, some target project types were deemed necessary to be added: port construction projects, water resource development projects, railroad construction projects, and military facilities installation projects. The results of this study will provide useful information to local governments which want to improve their operation effectiveness by reorganizing the local government EIA system and preparing specific guidelines.

A study on artificial flowers in the late Joseon Dynasty, focusing on a birthday banquet inBongsudang Hall in 1795 (1795년 봉수당 진찬(奉壽堂進饌)으로 보는 조선 후기 채화(綵花) 고찰)

  • LEE Kyunghee;KIM Youngsun
    • Korean Journal of Heritage: History & Science
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    • v.56 no.1
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    • pp.182-205
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    • 2023
  • The use of royal artificial flowers was finally found through schematics and records in Wonhaeng Eulmyojeongri Uigwe, which organized the procession to Hwaseong in 1795. The results of classifying the uses of artificial flowers in the brthday banquet at Bongsudang Hall in 1795 and considering the shape, user, and usage are as follows. According to literature records, artificial flowers were made with high-quality materials such as gold, silver, and silk thread in the early period, but were mainly made of paper in the later period. Artificial flowers were used for decorating official hats, Bongsudang Hall, and banquet tables. The Sagwonhwa was used for decoration of the official hats of members of the royal family, and the one on the top was called Eosam-Sagwonhwa. At the birthday banquet inBongsudang Hall, King Jeongjo and Hyegyeonggung used the Eosam-Sagwonhwa and put it on the right side of the official hats. Officials put peach blossom with two petals on the left side of the official hats for decoration. The artificial flowers for decoration of the official hats of musicians and dancers were more expensive and flashier than the officials' ones. Depending on the dance, several artificial flowers were inserted into the official hats. When measuring the size of artificial flowers, the scale used was when making a ceremonial article. For artificial flowers for decoration of the banquet hall, red and white peach blossoms were placed in two jars with dragons painted on them and them placed on two red-painted tables, respectively. The table and jar with flowers were tied together with a red cotton string and fixed so as not to fall over. The artificial flowers for decoration of the banquet table of King Jeongjo, Hyegyeonggung, and the king's sisters were a large lotus, medium-sized lotus, peony, rose, and specially made peach flowers. The artificial flowers for decoration of the banquet table of guests and officials were small lotuses and peach blossoms. The artificial flowers used in the birthday banquet at Bongsudang Hall the most were peach blossoms, and peaches had the meaning of longevity and exorcism. It is expected that the above research results will be helpful in understanding the characteristics and usage of artificial flowers in the period of King Jeongjo and use in reproducing royal feasts and producing traditional cultural contents.

The Investigation and Conservation of Central Asia Wall Painting (No. 4074 and 4096) (중앙(中央) 아세아(亞細亞) 벽화(壁畵) 보존처리(保存處理)(I) - 벽화(壁畵)(본(本)4074, 본(本)4096)의 상웅조사(狀熊調査) -)

  • Kang, Hyung-tae;Yi, Yong-hee;Yu, Hei-sun;Kim, Yeon-mi;Jo, Yeon-tae;Aoki, Shigo;Yamamoto, Noriko;Ohbayashi, Kentaro
    • Conservation Science in Museum
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    • v.3
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    • pp.43-50
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    • 2001
  • This article is about a joint project carried out by the National Museum of Korea and the Tokyo Cultural Properties Research Institute for the conservation of central Asia Wall painting that has been selected for the exhibition at the new Seoul National Museum of Korea at Yongsan. The investigation of the wall painting revealed very useful information. This includes the condition of the object, and the identification of evident damage, such as cracks, loss of pigment, plus materials and methods employed during the object's creation, as well as previous conservation treatment. The object was mainly made by applying plaster to the body (wall) that consisted of a mixture of soils and rice straws. Then, on the surface of the wall-painting, pigments were used to draw and to colour it. As a part of the investigation, radiocarbon dating was conducted using straw samples taken from the object. The result indicates that the object is probably dated form between the end of the 10th Century and the beginning of the 13th Century. The result of X-ray diffraction also revealed the composition of the pigments used on the surface. These are 1. gypsom [Ca(SO4)·2H2O], CaSO4 and Calcite (CaCO3) and Calcite (CaCO3) that were used for the white background. 2. Pb3O4 and led Arsenate [Pb(As2O6) that were used for the red colouring. 3. Cuprite (Cu2O), Arsenolite (As2O3) and Arsenic Oxide (As2O4) that were used for the green colouring.

Shopping Value, Shopping Goal and WOM - Focused on Electronic-goods Buyers (쇼핑 가치 추구 성향에 따른 쇼핑 목표와 공유 의도 차이에 관한 연구 - 전자제품 구매고객을 중심으로)

  • Park, Kyoung-Won;Park, Ju-Young
    • Journal of Global Scholars of Marketing Science
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    • v.19 no.2
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    • pp.68-79
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    • 2009
  • The interplay between hedonic and utilitarian attributes has assumed special significance in recent years; it has been proposed that consumption offerings should be viewed as experiences that stimulate both cognitions and feelings rather than as mere products or services. This research builds on previous work on hedonic versus utilitarian benefits, regulatory focus theory, customer satisfaction to address two question: (1) Is the shopping goal at the point of purchase different from the shopping value? and (2) Is the customer loyalty after the use different from the shopping value and shopping goal? We surveyed 345 peoples those who have bought the electronic-goods within 6 months. This research dealt with the shopping value which is consisted of 2 types, hedonic and utilitarian. Those who pursue the hedonic shopping value may prefer the pleasure of purchasing experience to the product itself. They tend to prefer atmosphere, arousal of the shopping experience. Consistent with previous research, we use the term "hedonic" to refer to their aesthetic, experiential and enjoyment-related value. On the contrary, Those who pursue the utilitarian shopping value may prefer the reasonable buying. It may be more functional. Consistent with previous research, we use the term "utilitarian" to refer to the functional, instrumental, and practical value of consumption offerings. Holbrook(1999) notes that consumer value is an experience that results from the consumption of such benefits. In the context of cell phones for example, the phone's battery life and sound volume are utilitarian benefits, whereas aesthetic appeal from its shape and color are hedonic benefits. Likewise, in the case of a car, fuel economics and safety are utilitarian benefits whereas the sunroof and the luxurious interior are hedonic benefits. The shopping goals are consisted of the promotion focus goal and the prevention focus goal, based on the self-regulatory focus theory. The promotion focus is characterized into focusing ideal self because they are oriented to wishes and vision. The promotion focused individuals are tend to be more risk taking. They are more sensitive to hope and achievement. On the contrary, the prevention focused individuals are characterized into focusing the responsibilities because they are oriented to safety. The prevention focused individuals are tend to be more risk avoiding. We wanted to test the relation among the shopping value, shopping goal and customer loyalty. Customers show the positive or negative feelings comparing with the expectation level which customers have at the point of the purchase. If the result were bigger than the expectation, customers may feel positive feeling such as delight or satisfaction and they would want to share their feelings with other people. And they want to buy those products again in the future time. There is converging evidence that the types of goals consumers expect to be fulfilled by the utilitarian dimension of a product are different from those they seek from the hedonic dimension (Chernev 2004). Specifically, whereas consumers expect the fulfillment of product prevention goals on the utilitarian dimension, they expect the fulfillment of promotion goals on the hedonic dimension (Chernev 2004; Chitturi, Raghunathan, and Majahan 2007; Higgins 1997, 2001) According to the regulatory focus theory, prevention goals are those that ought to be met. Fulfillment of prevention goals in the context of product consumption eliminates or significantly reduces the probability of a painful experience, thus making consumers experience emotions that result from fulfillment of prevention goals such as confidence and securities. On the contrary, fulfillment of promotion goals are those that a person aspires to meet, such as "looking cool" or "being sophisticated." Fulfillment of promotion goals in the context of product consumption significantly increases the probability of a pleasurable experience, thus enabling consumers to experience emotions that result from the fulfillment of promotion goals. The proposed conceptual framework captures that the relationships among hedonic versus utilitarian shopping values and promotion versus prevention shopping goals respectively. An analysis of the consequence of the fulfillment and frustration of utilitarian and hedonic value is theoretically worthwhile. It is also substantively relevant because it helps predict post-consumption behavior such as the promotion versus prevention shopping goals orientation. Because our primary goal is to understand how the post consumption feelings influence the variable customer loyalty: word of mouth (Jacoby and Chestnut 1978). This research result is that the utilitarian shopping value gives the positive influence to both of the promotion and prevention goal. However the influence to the prevention goal is stronger. On the contrary, hedonic shopping value gives influence to the promotion focus goal only. Additionally, both of the promotion and prevention goal show the positive relation with customer loyalty. However, the positive relation with promotion goal and customer loyalty is much stronger. The promotion focus goal gives the influence to the customer loyalty. On the contrary, the prevention focus goal relates at the low level of relation with customer loyalty than that of the promotion goal. It could be explained that it is apt to get framed the compliment of people into 'gain-non gain' situation. As the result, for those who have the promotion focus are motivated to deliver their own feeling to other people eagerly. Conversely the prevention focused individual are more sensitive to the 'loss-non loss' situation. The research result is consistent with pre-existent researches. There is a conceptual parallel between necessities-needs-utilitarian benefits and luxuries-wants-hedonic benefits (Chernev 2004; Chitturi, Raghunathan and Majaha 2007; Higginns 1997; Kivetz and Simonson 2002b). In addition, Maslow's hierarchy of needs and the precedence principle contends luxuries-wants-hedonic benefits higher than necessities-needs-utilitarian benefits. Chitturi, Raghunathan and Majaha (2007) show that consumers are focused more on the utilitarian benefits than on the hedonic benefits of a product until their minimum expectation of fulfilling prevention goals are met. Furthermore, a utilitarian benefit is a promise of a certain level of functionality by the manufacturer or the retailer. When the promise is not fulfilled, customers blame the retailer and/or the manufacturer. When negative feelings are attributable to an entity, customers feel angry. However in the case of hedonic benefit, the customer, not the manufacturer, determines at the time of purchase whether the product is stylish and attractive. Under such circumstances, customers are more likely to blame themselves than the manufacturer if their friends do not find the product stylish and attractive. Therefore, not meeting minimum utilitarian expectations of functionality generates a much more intense negative feelings, such as anger than a less intense feeling such as disappointment or dissatisfactions. The additional multi group analysis of this research shows the same result. Those who are unsatisfactory customers who have the prevention focused goal shows higher relation with WOM, comparing with satisfactory customers. The research findings in this article could have significant implication for the personal selling fields to increase the effectiveness and the efficiency of the sales such that they can develop the sales presentation strategy for the customers. For those who are the hedonic customers may be apt to show more interest to the promotion goal. Therefore it may work to strengthen the design, style or new technology of the products to the hedonic customers. On the contrary for the utilitarian customers, it may work to strengthen the price competitiveness. On the basis of the result from our studies, we demonstrated a correspondence among hedonic versus utilitarian and promotion versus prevention goal, WOM. Similarly, we also found evidence of the moderator effects of satisfaction after use, between the prevention goal and WOM. Even though the prevention goal has the low level of relation to WOM, those who are not satisfied show higher relation to WOM. The relation between the prevention goal and WOM is significantly different according to the satisfaction versus unsatisfaction. In addition, improving the promotion emotions of cheerfulness and excitement and the prevention emotion of confidence and security will further improve customer loyalty. A related potential further research could be to examine whether hedonic versus utilitarian, promotion versus prevention goals improve customer loyalty for services as well. Under the budget and time constraints, designers and managers are often compelling to choose among various attributes. If there is no budget or time constraints, perhaps the best solution is to maximize both hedonic and utilitarian dimension of benefits. However, they have to make trad-off process between various attributes. For the designers and managers have to keep in mind that without hedonic benefit satisfaction of the product it may hard to lead the customers to the customer loyalty.

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Business Relationships and Structural Bonding: A Study of American Metal Industry (산업재 거래관계와 구조적 결합: 미국 금속산업의 분석 연구)

  • Han, Sang-Lin;Kim, Yun-Tae;Oh, Chang-Yeob;Chung, Jae-Moon
    • Journal of Global Scholars of Marketing Science
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    • v.18 no.3
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    • pp.115-132
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    • 2008
  • Metal industry is one of the most representative heavy industries and the median sales volume of steel and nonferrous metal companies is over one billion dollars in the case America [Forbes 2006]. As seen in the recent business market situation, an increasing number of industrial manufacturers and suppliers are moving from adversarial to cooperative exchange attitudes that support the long-term relationships with their customers. This article presents the results of an empirical study of the antecedent factors of business relationships in metal industry of the United States. Commitment has been reviewed as a significant and critical variable in research on inter-organizational relationships (Hong et al. 2007, Kim et al. 2007). The future stability of any buyer-seller relationship depends upon the commitment made by the interactants to their relationship. Commitment, according to Dwyer et al. [1987], refers to "an implicit or explicit pledge of relational continuity between exchange partners" and they consider commitment to be the most advanced phase of buyer-seller exchange relationship. Bonds are made because the members need their partners in order to do something and this integration on a task basis can be either symbiotic or cooperative (Svensson 2008). To the extent that members seek the same or mutually supporting ends, there will be strong bonds among them. In other words, the principle that affects the strength of bonds is 'economy of decision making' [Turner 1970]. These bonds provide an important idea to study the causes of business long-term relationships in a sense that organizations can be mutually bonded by a common interest in the economic matters. Recently, the framework of structural bonding has been used to study the buyer-seller relationships in industrial marketing [Han and Sung 2008, Williams et al. 1998, Wilson 1995] in that this structural bonding is a crucial part of the theoretical justification for distinguishing discrete transactions from ongoing long-term relationships. The major antecedent factors of buyer commitment such as technology, CLalt, transaction-specific assets, and importance were identified and explored from the perspective of structural bonding. Research hypotheses were developed and tested by using survey data from the middle managers in the metal industry. H1: Level of technology of the relationship partner is positively related to the level of structural bonding between the buyer and the seller. H2: Comparison level of alternatives is negatively related to the level of structural bonding between the buyer and the seller. H3: Amount of the transaction-specific assets is positively related to the level of structural bonding between the buyer and the seller. H4: Importance of the relationship partner is positively related to the level of structural bonding between the buyer and the seller. H5: Level of structural bonding is positively related to the level of commitment to the relationship. To examine the major antecedent factors of industrial buyer's structural bonding and long-term relationship, questionnaire was prepared, mailed out to the sample of 400 purchasing managers of the US metal industry (SIC codes 33 and 34). After a follow-up request, 139 informants returnedthe questionnaires, resulting in a response rate of 35 percent. 134 responses were used in the final analysis after dropping 5 incomplete questionnaires. All measures were analyzed for reliability and validity following the guidelines offered by Churchill [1979] and Anderson and Gerbing [1988]., the results of fitting the model to the data indicated that the hypothesized model provides a good fit to the data. Goodness-of-fit index (GFI = 0.94) and other indices ( chi-square = 78.02 with p-value = 0.13, Adjusted GFI = 0.90, Normed Fit Index = 0.92) indicated that a major proportion of variances and covariances in the data was accounted for by the model as a whole, and all the parameter estimates showed statistical significance as evidenced by large t-values. All the factor loadings were significantly different from zero. On these grounds we judged the hypothesized model to be a reasonable representation of the data. The results from the present study suggest several implications for buyer-seller relationships. Theoretically, we attempted to conceptualize the antecedent factors of buyer-seller long-term relationships from the perspective of structural bondingin metal industry. The four underlying determinants (i.e. technology, CLalt, transaction-specific assets, and importance) of structural bonding are very critical variables of buyer-seller long-term business relationships. Our model of structural bonding makes an attempt to systematically examine the relationship between the antecedent factors of structural bonding and long-term commitment. Managerially, this research provides industrial purchasing managers with a good framework to assess the interaction processes with their partners and, ability to position their business relationships from the perspective of structural bonding. In other words, based on those underlying variables, industrial purchasing managers can determine the strength of the company's relationships with the key suppliers and its state of preparation to be a successful partner with those suppliers. Both the supplying and customer companies can also benefit by using the concept of 'structural bonding' and evaluating their relationships with key business partners from the structural point of view. In general, the results indicate that structural bonding gives a critical impact on the level of relationship commitment. Managerial implications and limitations of the study are also discussed.

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Population Strategy for Physical Activity in Korea (우리나라 신체활동 및 운동사업에서의 인구집단 전략)

  • Lee, Moo-Sik
    • Journal of agricultural medicine and community health
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    • v.30 no.2
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    • pp.227-240
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    • 2005
  • Health promotion has more comprehensive approaches in recent years. Nevertheless we accept the concept of health promotion differently, we are agree on that community is the most important field in health promotion which includes population at the aspect of health policy, individual skill and, environment. And there are a number of different approaches to health promotion. In them, 'population approaches' and 'high -risk group approaches' has the most different characteristics. 'Population approaches' is equally important or more important than 'individual approaches' for maintaining and promoting population health. Almost part of this article contents is the summary of the guideline and population strategy of health promotion in Korea, 1999 - 2005. Community based health promotion program should be reinforced, integrated, comprehensive, collaborative through efficiently utilizing community resources. Recent new orientation of community health program is integrated health program, we can find this orientation at Ottawa charter 1986. Comprehensive approaches with the determinant factors for health are essential task. Physical activity is a key health determinant. The population-health approach suggests that educating people about physical activity is not enough. Individual behavior changes are important too, but need to be balanced with strategies for environmental change. Population strategy with physical activity for health promotion should be developed through improving social and physical supportive environment, linking and integrating community resources between public and private sectors in national, regional and local level. Continuous public education and social marketing should be provided through collaborating with community physical activity organization, facilities, work-places and school for increasing concern of all the people of community about physical activity. Governments, agencies and citizens should held and participate to building movement. And the strategy that various 'active for life' program should be developed, delivered, maintained and reinforced continuously. Basically, adequate and sufficient financing, developing human resources, policies and legislation would be provided and supported fully too. At last, research development and knowledge exchange are required domestically and internationally. In Korea, we had classified the category of strategic priority of physical activity programs by environmental support, life-course approach, high-risk group approach and disease group approach for physical activity program based on community health center. Community based core programs for physical activity that includes infrastructure building and establishment of supporting environment, community campaign, health promotion education and public service announcement, physical activity programs for elderly and obesity, exercise prescription program.

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A Comparative Study between Space Law and the Law of the Sea (우주법과 해양법의 비교 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.187-210
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    • 2009
  • Space law(or outer space law) and the law of the sea are branches of international law dealing with activities in geographical ares which do not or do only in part come under national sovereignty. Legal rules pertaining to the outer space and sea began to develop once activities emerged in those areas: amongst others, activities dealing with transportation, research, exploration, defense and exploitation. Naturally the law of the sea developed first, followed, early in the twentieth century, by air law, and later in the century by space law. Obviously the law of the sea, of the air and of outer space influence each other. Ideas have been borrowed from one field and applied to another. This article examines some analogies and differences between the outer space law and the law of the sea, especially from the perspective of the legal status, the exploration and exploitation of the natural resources and environment. As far as the comparisons of the legal status between the outer space and high seas are concerned the two areas are res extra commercium. The latter is res extra commercium based on both the customary international law and treaty, however, the former is different respectively according to the customary law and treaty. Under international customary law, whilst outer space constitutes res extra commercium, celestial bodies are res nullius. However as among contracting States of the 1967 Outer Space Treaty, both outer space and celestial bodies are declared res extra commercium. As for the comparisons of the exploration and exploitation of natural resources between the Moon including other celestial bodies in 1979 Moon Agreement and the deep sea bed in the 1982 United Nations Convention on the Law of the Sea, the both areas are the common heritage of mankind. The latter gives us very systematic models such as International Sea-bed Authority, however, the international regime for the former will be established as the exploitation of the natural resources of the celestial bodies other than the Earth is about to become feasible. Thus Moon Agreement could not impose a moratorium, but would merely permit orderly attempts to establish that such exploitation was in fact feasible and practicable, by allowing experimental beginnings and thereafter pilot operations. As Professor Carl Christol said until the parties of the Moon Agreement were able to put into operation the legal regime for the equitable sharing of benefits, they would remain free to disregard the Common Heritage of Mankind principle. Parties to one or both of the agreements would retain jurisdiction over national space activities. In so far as the comparisons of the protection of the environment between the outer space and sea is concerned the legal instruments for the latter are more systematically developed than the former. In the case of the former there are growing tendencies of concerning the environmental threats arising from space activities these days. There is no separate legal instrument to deal with those problems.

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