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Recent Developments in Space Law (우주법(宇宙法)의 최근동향(最近動向))

  • Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.223-243
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    • 1989
  • The practical application of modern space science and technology have resulted in many actual and potential gains of mankind. These successes have conditioned and increased the need for a viable space law regime and the challenge of space has ultimately led to the formation of an international legal regime for space. Space law is no longer a primitive law. It is a modern law. Yet, in its stages of growth, it has not reached the condition of perfection. Therefore, under the existing state of thing, we could carefully say that the space law is one of the most newest fields of jurisprudence despite the fact that no one has so far defined it perfectly. However, if space law can be a true jurisprudential entity, it must be definable. In defining the space law, first of all, the grasp of it's nature iis inevitable. Although space law encompasses many tenets and facets of other legal discriplines, its principal nature is public international law, because space law affects and effects law relating intercourse among nations. Since early 1960s when mankind was first able to flight and stay in outer space, the necessity to control and administrate the space activities of human beings has growingly increased. The leading law-formulating agency to this purpose is the United Nation's ad hoc Committee on Peaceful Uses of Outer Space("COPUOS"). COPUOS gave direction to public international space law by establishing the 1963 Declaration of Legal Principles Governing the Activities of the States in the Exploration and Use of Outer Space("1963 Declaration"). The 1963 Declaration is very foundation of the five international multilateral treaties that were established successively after the 1963 Declaration. The five treaties are as follows: 1) The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space including Moon and other Celestial Bodies, 1967. 2) The Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space, 1968. 3) The Convention on International Liability for Damage Caused by Space Objects, 1972. 4) The Convention on Registration of Objects Launched into Outer Space, 1974. 5) The Agreement Governing Activities of States on the Moon and Other Celestial Bodies: Moon Treaty, 1979. The other face of space law is it's commercial aspect. Space is no longer the sole domination of governments. Many private enterprise have already moved directly or indirectly into space activities in the parts such as telecommunications and space manufacturing. Since space law as the public international law has already advanced in accordance with the developments of space science and technology, there left only a few areas untouched in this field of law. Therefore the possibility of rapid growth of space law is expected in the parts of commerical space law, as it is, at this time, in a nascent state. The resources of the space environment are also commercially both valuable and important since the resources include the tangible natural resources to be found on the moon and other celestial bodies. Other space-based resources are solar energy, geostationary and geosynchronous orbital positions, radio frequencies, area possibly suited to human habitations, all areas and materials lending themselves to scientific research and inquiry. Remote sensing, space manufacturing and space transportation services are also another potential areas in which commercial. endeavors of Mankind can be carried out. In this regard, space insurance is also one of the most important devices allowing mankind to proceed with commercial space venture. Thus, knowlege of how space insurance came into existence and what it covers is necessary to understand the legal issues peculiar to space law. As a conclusion the writer emphasized the international cooperation of all nations in space activities of mankind, because space commerce, by its nature, will give rise many legal issues of international scope and concern. Important national and world-community interests would be served over time through the acceptance of new international agreements relating to remote sencing, direct television broadcasting, the use of nuclear power sources in space, the regularization of the activities of space transportation systems. standards respecting contamination and pollution, and a practical boundary between outer space and air space. If space activity regulation does not move beyond the national level, the peaceful exploration of space for all mankind will not be realized. For the efficient regulation on private and governmental space activities, the creation of an international space agency, similar to the International Civil Aviation Organization but modified to meet the needs of space technology, will be required. But prior to creation of an international organization, it will be necessary to establish, at national level, the Office of Air and Space Bureau, which will administrate liscence liscence application process, safety review and sale of launch equipment, and will carry out launch service.

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A Study on the Liability for Damage caused by Space Activity - With reference to Relevant Cases - (우주활동에 의하여 발생한 손해배상책임에 관한 연구 - 관련 사례를 중심으로 -)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.1
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    • pp.177-213
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    • 2011
  • The purpose of this paper is to research on the liability and cases for space damage with reference to the space activity under the international space treaty and national space law of major countries. The United Nations has adopted two treaties relating to the liability for space damage as follows: the Outer Space Treaty of 1967 and the Liability Convention of 1972. Korea has enacted the Outer Space Damage Compensation Act of 2008 relating to the liability for space damages. The Outer Space Treaty of 1967 regulates the international responsibility for national activities in outer space, and the national tort liability for damage by space launching object. The Liability Convention of 1972 regulates the absolute liability by a launching state, the faulty liability by a launching state, the joint and several liability by a launching state, the person claiming for compensation, the claim method for compensation, the claim period of compensation, the claim for compensation and local remedy, the compensation amount for damage by a launching state, and the establishment of the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea regulates the definition of space damage, the relation of the Outer Space Damage Compensation Act and the international treaty, the non-faulty liability for damage by a launching person, the concentration of liability and recourse by a launching person, the exclusion of application of the Product Liability Act, the limit amount of the liability for damage by a launching person, the cover of the liability insurance by a launching person, the measures and assistance by the government in case of occurring the space damage, and the exercise period of the claim right of compensation for damage. There are several cases with reference to the liability for damage caused by space accidents as follows: the Collision between Iridium 33 and Cosmos 2251, the Disintegration of Cosmos 954 over Canadian Territory, the Failure of Satellite Launching by Martin Marietta, and the Malfunctioning of Westar VI Satellite. In the disputes and lawsuits due to such space accidents, the problems relating to the liability for space damage have been settled by the application of absolute(strict) liability principle or faulty liability principle. The Liability Convention of 1972 should be improved as follows: the clear definition in respect of the claimer of compensation for damage, the measure in respect of the enforcement of decision by the Claims Commission. The Outer Space Damage Compensation Act of 2008 in Korea should be improved as follows: the inclusion of indirect damage into the definition of space damage, the change of the currency unit of the limit amount of liability for damage, the establishment of joint and several liability and recourse right for damage by space joint launching person, and the establishment of the Space Damage Compensation Review Commission. Korea has built the space center at Oinarodo, Goheung Province in June 2009. Korea has launched the first small launch vehicle KSLV-1 at the Naro Space Center in August 2009 and June 2010. In Korea, it will be the possibility to be occurred the problems relating to the international responsibility and the liability for space damage in the course of space activity. Accordingly the Korean government and launching organization should make the legal and systematic policy to cope with such problems.

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International Legal Regulation on Commercial Space Activity (상업적 우주활동의 국제법적 규제)

  • Lee, Young-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.183-221
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    • 2013
  • While in the early stages of space activities only a few states engaged in the use of outer space, as is well known, commercial space activities have grown dramatically in recent years. Both states, state institutions, and international governmental organizations as well as many private enterprises are engaged in such commercial use of outer space by now. This development is not reflected in the present state of space law. The existing international instruments of space law were developed and finalized before this development and thus only provide very few and sometimes unfitting provisions for the commercial use of outer space and particularly the use by private enterprises. Law formulated in an era when the word "privatization" had not even been coined cannot contain potential problems caused by the increasing commercialization of outer space. For the promotion and further development of such commercial use of outer space it is necessary to clarify and establish the legal framework for such use, because participants will need this information for their future investments in this field. The purpose of this paper is to research and make an analysis of the contents and international regulation of international space commerce, which is rapidly proliferating and to review the process of improvement on national legislations relating to the commercialization of outer space in a few main space advanced countries to make the sustainable progress of commercial space activities project in international society. The legal implications of matters such as international commercial launch services, the liability aspects of such services, intellectual property rights, insurance, product liability insurance and materials processing could one day will be subject to regulated by international space law as well as domestic law. In fact, the question of commercialization is linked to the question of sharing benefits of space activities, and this currently is an agenda item in the Legal Subcommittee of UN COPUOS. Most of developed countries have enacted the national legislation for commercial space activities relating to the development of our space as follows : The National Aeronautic and Space Act of 1958 and the Commercial Space Act of 1998 in the United States, Outer Space Act of 1986 in England, Establishment Act of National Space Center of 1961 in France, Canadian Space Agency Act of 1990 in Canada, Space Basic Act of 2008 in Japan, and Law on Space Activity of 1993 in Russia. Becides there are currently three national legislations relating to space development and commercial space activities in Korea as follows : Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. Commercial space great promise for the utilization and expansion of human outer space activities but aspring commercial actors must recognize that foreign policy, as well as obligations to the international community as a whole, ensure that commercial space activities will not operate in a legal and regulatory vacuum. As commercial space matures the law and accompanying regulation will most certainly evolve and choose to become participants in the inevitable evolution of law and regulation.

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A Study on the increase of space debris from Chinese Anti-Satellite and breach of the Outer Space Treaty (자국위성(自國衛星)의 파괴(破壞)에 따른 우주잔해의 증가와 우주조약위반(宇宙條約違反) 여부에 관한 소고(小考) - 중국의 자국위성파괴와 관련하여 -)

  • Kim, Sun-Ihee
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.259-294
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    • 2013
  • After its experiment involving the exploding of a satellite in space in 2007, China proudly aired news on TV and ran articles in newspapers. However, the event was internationally criticized and drew widespread attention. Many countries denounced the explosion by pointing out that it could be part of the nation's plan to expand its military power to space or that it could pose a danger to the peaceful use of space. However, there is no talk of whether the experiment that produced a huge amount of space debris could have violated an international law, namely the Outer Space Treaty. Although space garbage has been said to be a serious problem, the amount is still on the increase. If we continue to launch new space launch vehicles into orbit at this rate, we will not be able to use it anytime soon like we do today. As the commercial use of space is likely to increase, the situation will certainly get worse. The international community is fully aware of the seriousness of the problem and working together to reduce the amount of space garbage. However, despite the fact that the United States and Soviet Union's ASAT(Anti-Satellite) programs have been implemented for a long time, there have been no complaints about them in terms of military expansion or breach of the Outer Space Treaty. Also, the recent Chinese test is largely viewed to be in accordance with international law. A lot of research has been undertaken with regard to the problem of space garbage. Now people's awareness of dangers being posed has been fully raised. Under the circumstances, the dismissing of China's satellite smashing, leaving a big mess in its wake, as nothing more than an experiment, is a red flag to, if not many, at least some people. By means of this thesis, I would like to review whether the Chinese test has violated an international space law. This thesis presents an overview of the issues surrounding the event and examines the possibility of violating the Outer Space Treaty, formally the Treaty on Principle Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies. After the China test, the UN Scientific and Technical Subcommittee first adopted space debris mitigation guidelines, I'll introduce the content of the guidelines and discuss the characteristics of the guidelines and what can be done to address the issue.

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Development of instrument for measuring Home Economics-Pedagogical Content Knowledge(H-PCK) (가정교과교육학 지식(H-PCK)의 측정도구 개발)

  • Lee, Seung Jin;Yu, Nan Sook
    • Journal of Korean Home Economics Education Association
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    • v.29 no.1
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    • pp.35-56
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    • 2017
  • The purposes of this study were to develop an instrument to examine the latent domains to measure H-PCK and verify the reliability and validity of the instrument. To accomplish these purposes, instrument item development, content validity, pilot study, and main study were conducted. The results were as follows. First, based on a review of extant literature, 29 items for H-PCK were developed. Seven items were deleted from the original instrument after determining content validity by 10 in-service Home Economics teachers, which resulted in the 22 items of 3 domains(Knowledge of perspective on Home Economics Education(KP), Knowledge of Home Economics curriculum(KC), Knowledge of Home Economics instructional strategies(KI)). Second, data were collected from 137 Home Economics teachers via mail survey for pilot study to establish reliabilities for each individual domain and across the domains based on Cronbach's ${\alpha}$ and item-total correlation. The result showed good reliabilities in the cut-off value of .7 and .5 for Cronbach's ${\alpha}$ and for item-total correlation respectively. Third, the main study was performed with 220 Home Economics teachers via e-mail survey and the reliability and validity tests were conducted. The reliability test results showed good reliabilities. The model for confirmatory factor analysis(CFA) provided a good fit to the data (e.g., CFI=.92, RMSEA=.06, SRMR=.05) to evaluate construct validity. The three domains of KP, KC, and KI demonstrated the acceptable convergent and discriminant validities in each individual domain and over domains. Thus, the instrument in this study may be utilized to measure H-PCK. Finally, criterion-related validity was performed to examine the extent to which the three domains are related to teacher efficacy with Pearson correlation (${\rho}$). It was relatively highly correlated at ${\rho}=.7$. In addition, the higher H-PCK the Home Economics teachers had, the higher teacher efficacy they had. The final instrument consisting of 22 items from 3 domains were determined through the entire procedure.

Development of Health Promotion Program through IUHPE - Possibilities of collaboration in East Asia - (IUHPE를 통한 건강 증진 프로그램의 발달-동아시아권의 공동연구의 가능성-)

  • Moriyama, Masaki
    • Proceedings of The Korean Society of Health Promotion Conference
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    • 2004.10a
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    • pp.1-16
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    • 2004
  • This paper considers the possibilities of health promotion from the following perspectives; (1) IUHPE, (2) socio-cultural similarities, (3) action research, and (4) learning from our past. 1. The IUHPE values decentralized activities through regions, and countries such as Japan, Korea, Hong Kong, Taiwan and China belong to NPWP region. Since IUHPE World Conference was held in Japan in 1995, Japan used to occupy more than 60% of NPWP membership. After 2001, membership is increasing rapidly in Chinese speaking sub-region. The transnational collaboration is still in its beginning phase. 2. Confucianism is one of key points. Confucian tradition should not be seen only as obstacles but as advantages to seek a form of health promotion more acceptable in East Asia. 3. Within the new public health framework, people are expected to create and live their health. However, especially in Japan, the tendency of 'lacking of face-to-face explicit interactions' is still common at health-promotion settings as well as academic settings. Therefore, the author tried participatory approaches such as asking WlFY (interactive questions designed for subjects to review their daily life and environment) and as introducing round table interactions. So far, majority of participants welcome new trials. 4. The following social phenomena are comparatively discussed after Japanese invasion and occupation of Korea ended in 1945; ·status of oriental medicine, ·separation of dispensary services, and ·health promotion specialist as a national license. In contrast to Japanese' tendency of maintaining the status quo and postponing of substantial social change, trend toward rapid and dynamic social changes are more commonly observed in Korea. Although all of above possibilities are still in their beginning stages, they are going to offer interesting directions waiting for further challenges and accompanying researches.

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A MVC Framework for Visualizing Text Data (텍스트 데이터 시각화를 위한 MVC 프레임워크)

  • Choi, Kwang Sun;Jeong, Kyo Sung;Kim, Soo Dong
    • Journal of Intelligence and Information Systems
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    • v.20 no.2
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    • pp.39-58
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    • 2014
  • As the importance of big data and related technologies continues to grow in the industry, it has become highlighted to visualize results of processing and analyzing big data. Visualization of data delivers people effectiveness and clarity for understanding the result of analyzing. By the way, visualization has a role as the GUI (Graphical User Interface) that supports communications between people and analysis systems. Usually to make development and maintenance easier, these GUI parts should be loosely coupled from the parts of processing and analyzing data. And also to implement a loosely coupled architecture, it is necessary to adopt design patterns such as MVC (Model-View-Controller) which is designed for minimizing coupling between UI part and data processing part. On the other hand, big data can be classified as structured data and unstructured data. The visualization of structured data is relatively easy to unstructured data. For all that, as it has been spread out that the people utilize and analyze unstructured data, they usually develop the visualization system only for each project to overcome the limitation traditional visualization system for structured data. Furthermore, for text data which covers a huge part of unstructured data, visualization of data is more difficult. It results from the complexity of technology for analyzing text data as like linguistic analysis, text mining, social network analysis, and so on. And also those technologies are not standardized. This situation makes it more difficult to reuse the visualization system of a project to other projects. We assume that the reason is lack of commonality design of visualization system considering to expanse it to other system. In our research, we suggest a common information model for visualizing text data and propose a comprehensive and reusable framework, TexVizu, for visualizing text data. At first, we survey representative researches in text visualization era. And also we identify common elements for text visualization and common patterns among various cases of its. And then we review and analyze elements and patterns with three different viewpoints as structural viewpoint, interactive viewpoint, and semantic viewpoint. And then we design an integrated model of text data which represent elements for visualization. The structural viewpoint is for identifying structural element from various text documents as like title, author, body, and so on. The interactive viewpoint is for identifying the types of relations and interactions between text documents as like post, comment, reply and so on. The semantic viewpoint is for identifying semantic elements which extracted from analyzing text data linguistically and are represented as tags for classifying types of entity as like people, place or location, time, event and so on. After then we extract and choose common requirements for visualizing text data. The requirements are categorized as four types which are structure information, content information, relation information, trend information. Each type of requirements comprised with required visualization techniques, data and goal (what to know). These requirements are common and key requirement for design a framework which keep that a visualization system are loosely coupled from data processing or analyzing system. Finally we designed a common text visualization framework, TexVizu which is reusable and expansible for various visualization projects by collaborating with various Text Data Loader and Analytical Text Data Visualizer via common interfaces as like ITextDataLoader and IATDProvider. And also TexVisu is comprised with Analytical Text Data Model, Analytical Text Data Storage and Analytical Text Data Controller. In this framework, external components are the specifications of required interfaces for collaborating with this framework. As an experiment, we also adopt this framework into two text visualization systems as like a social opinion mining system and an online news analysis system.

Policy Change and Innovation of Textile Industry in Daegu·Kyungbuk Region (대구·경북지역 섬유산업의 정책변화와 혁신과제)

  • Shin, Jin-Kyo;Kim, Yo-Han
    • Management & Information Systems Review
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    • v.31 no.3
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    • pp.223-248
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    • 2012
  • This study analyses support policy and structural change of textile industry in Daegu Kyungbuk region, and suggests major issues for textile industry's innovation. In Daegu Kyungbuk, it was 1999 that a policy, so called Milano Project, in order to promote a textile industry was devised. In 2004, the Regional Industrial Promotion Plan was devised. The plan was born from a view point of establishing a regional innovation system and of promoting the innovative clusters under a knowledge based economy. After then, the Regional Industry Promotion Project or Regional Strategic Industry Promotion Project became a core of regional textile industrial policy. Research results indicated that the first stage Milano project (1999-2003) showed both positive and negative effects. There were no long-term development plan, clear vision and strategy. But, core industrial infrastructure for differentiated product development, such as New product Development Support Center and Dyeing Design Practical Application Center, was constructed. The second stage Daegu Textile Industry Promotion Plan (2004-2008) displayed a significant technological performance and new product sales with the assistance of Kyungbuk province. Also, textile industry revealed positive fruits such as financial structure, productivity, and profitability as a result of strong restructuring. In industrial structure, there was a important change from clothe textile material to industry textile material. Most of textile companies did not showed high capability in CEO's technology innovation intention, entrepreneurship, R&D and human resource competency in compare with other industry. We suggested that Daegu Kyungbuk has to select and concentrate on the high-tech textile material and living textile for sustainable development and competitiveness. We also proposed a confidence and cooperation based innovation network and company oriented innovation cluster.

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A Study on Applicable Level of Entrepreneurship: Focus on Entrepreneurial Orientation (기업가정신의 적용수준과 기업성과에 관한 연구 -기업가지향성을 중심으로-)

  • Han, Eun-Soo;Jeong, Beom-Goo;Lee, Sang-Bin;Sung, Eul-Hyun
    • Management & Information Systems Review
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    • v.36 no.2
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    • pp.157-185
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    • 2017
  • This study was carried out with the attention that the concept of entrepreneurial orientation has been applied at various levels of CEO, employee, management, and organization as a whole. The differences between these concepts were examined by discriminant validity and convergence validity, and the causal relationship between these concepts and performance was analyzed. A total of 96 questionnaires were collected and analyzed. The results show that CEO's entrepreneurial orientation, employee's entrepreneurial orientation, manager's entrepreneurial orientation and organizational entrepreneurial orientation have convergent validity and discriminant validity, and that these variables have different effects on the firm 's innovation performance and financial performance. In the analysis of the mediating effect, when the variables of all levels were put into a single variable, the innovation performance mediates between the entrepreneurial orientation and the financial performance in all variables. However, when all variables are applied simultaneously, innovation performance has mediating effect only on the relationship between organizational entrepreneurship orientation and financial performance. This shows that there is a conceptual difference according to applied level. As a result of the analysis of the causal relationship by the application level of entrepreneurial orientation, it is found that causality is formed among the entrepreneurial orientation variables. In particular, CEO's entrepreneurial orientation influences employee's entrepreneurial orientation, manager's entrepreneurial orientation, and organization's entrepreneurial orientation, and again, employee's entrepreneurial orientation and managerial entrepreneurial orientation form a causal relationship that influences organization's entrepreneurial orientation. In the relationship between innovation performance and financial performance, CEO's entrepreneurial orientation, organization's entrepreneurial orientation, and manager's entrepreneurial orientation are influencing innovation performance, and the only variables influencing financial performance are organization's entrepreneurial orientation. In conclusion, the limitations of the study and its future direction are presented.

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Unbilled Revenue and Analysts' Earnings Forecasts (진행기준 수익인식 방법과 재무분석가 이익예측 - 미청구공사 계정을 중심으로 -)

  • Lee, Bo-Mi;Park, Bo-Young
    • Management & Information Systems Review
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    • v.36 no.3
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    • pp.151-165
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    • 2017
  • This study investigates the effect of revenue recognition by percentage of completion method on financial analysts' earnings forecasting information in order industry. Specifically, we examines how the analysts' earnings forecast errors and biases differ according to whether or not to report the unbilled revenue account balance and the level of unbilled revenue account balance. The sample consists of 453 firm-years listed in Korea Stock Exchange during the period from 2010 to 2014 since the information on unbilled revenue accounts can be obtained after the adoption of K-IFRS. The results are as follows. First, we find that the firms with unbilled revenue account balances have lower analysts' earnings forecast accuracy than the firms who do not report unbilled revue account balances. In addition, we find that the accuracy of analysts' earnings forecasts decreases as the amount of unbilled revenue increases. Unbilled revenue account balances occur when the revenue recognition of the contractor is faster than the client. There is a possibility that managerial discretionary judgment and estimation may intervene when the contractor calculates the progress rate. The difference between the actual progress of the construction and the progress recognized by the company lowers the predictive value of financial statements. Our results suggest that the analysts' earnings forecasts may be more difficult for the firms that report unbilled revenue balances as applying the revenue recognition method based on the progress criteria. Second, we find that the firms reporting unbilled revenue account balances tend to have higher the optimistic biases in analysts' earnings forecast than the firms who do not report unbilled revenue account balances. And we find that the analysts' earnings forecast biases are increases as the amount of unbilled revenue increases. This study suggests an effort to reduce the arbitrary adjustment and estimation in the measurement of the progress as well as the introduction of the progress measurement method which can reflect the actual progress. Investors are encouraged to invest and analyze the characteristics of the order-based industry accounting standards. In addition, the results of this study empower the accounting transparency enhancement plan for order industry proposed by the policy authorities.

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