• Title/Summary/Keyword: Responsibilities

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A Study on the Limits in the Use of Force against a Hijacked Civil Aircraft (피랍 민간항공기에 대한 무력행사의 한계에 관한 연구)

  • Kim, Man-Ho
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.1
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    • pp.141-163
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    • 2004
  • The limits in the use of force against a civil aircraft which intrudes into sovereign airspace have not been defined in the aspect of international law. Therefore, this paper intends to analyze international laws and practices about sovereign airspace intrusions by the civil aircraft, and to examine the legality in the use of force against the civil aircraft hijacked by means of political terrorism, in particular. In this paper, the sphere of study is restricted within the problems of interception against the civil aircraft which intrudes into sovereign airspace in times of peace, excluding the problems against a state aircraft, and the responsibilities for the civil or criminal affairs due to interceptions. Herein this paper analyzes the existing international laws and the cases of each nation's use of force against the civil aircraft which intrudes into sovereign airspace, and organizes the conditions in the use of force which have been accepted in international laws and practices, and then applies them to the special case of civil aircraft hijacked by political terrorism. Consequently, this paper suggests that the basic principles of necessity, ultimateness, and proportionality be taken into consideration in the use of force against civil aircraft which intrudes into sovereign airspace. This study finally suggests that the possibility in the use of force against civil aircraft hijacked by political terrorism might be higher than any type of civil aircraft intrusions into sovereign airspace due to the factor of necessity of national security concerned.

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The Occupational Socialization of the Security Guards in the Casinos - Case of Security Science Majors - (카지노 시큐리티 종사자의 직업사회화 과정 - 경호학 전공자들을 대상으로 -)

  • Chun, Yong-Tae
    • The Journal of the Korea Contents Association
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    • v.10 no.3
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    • pp.337-346
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    • 2010
  • The purpose of this study is to explore how security science graduates in casinos are socialized into the workplace. Participants for this study were seven security guards who work for two of three casinos for foreign customers in the city of Seoul. All the participants majored in the security science in colleges. They had 1 to 5 years of work experience. Their main job responsibilities were deterrent to crimes and watch for impending danger in the casinos. A variety of qualitative data collection techniques for this study included formal and informal interviews, stimulated-recall interview, observations, and field notes. Analytic induction and constant comparison were utilized to analyze data. Triangulating and member checks were employed to enhance trustworthiness. The findings of this study were as follow: Firstly, In acculturation, sports experience and media attraction were revealed as factors. Secondly, In professional socialization, college education and senior students in the program were found. Lastly, organizational socialization, Difficulty of relationship, lack of risk management training, lack of team cohesion, pride himself as a security guard, and unclear evaluation system. In conclusion, a variety of influential factors appeared through his occupational socialization even though there were negative and positive factors.

A Study on the Marine Environmental Protection of Northeast Asian Seas in International Law (국제법상 동북아해저환경보존에 관한 연구)

  • 이윤철
    • Journal of the Korean Institute of Navigation
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    • v.19 no.2
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    • pp.77-97
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    • 1995
  • The protection of the marine environment is one of the main international legal problems in recent years. In parallel with the industrial development, a great quantity of chemical materials were used and in consequence, mass transportation of oil and other dangerous materials was required on the one hand, and discharge of industrial wasters drew also the attention on the other hand. Furthermore, oil tankers accidents, mass use of nuclear materials, sea-bed exploration and exploitation stimulated further deep human concern on the marine environment. The expansion of international concern to new and more dangerous sources of marine pollution regarded more strict and legal control on the Oil Tanker(DWT 95, 000tons, Cb=0.805) model. Calculation results are compared to the international, especially regional level. In particular, this study is concerned with the preservation of the Northeast Asian Seas surrounded by Japan, the Russian Far East, South Korea, North Korea, China and Taiwan. These adjacent countries must intensify cooperation regarding the prevention, reduction and control of the contamination of the sea. And this cooperation between the States concerned should, as much as possible, be aimed at maximizing the effectiveness of measures to prevent or abate transboundary environmental pollution. To achieve this purpose, States concerned should be imposed upon duties such as duty to assess the environmental impact, duty to inform, duty to consult and duty to assist on the basis of general principle of international law, international customary law and other various resolutions of international bodies. Depending on the nature and extent of actual or potential transboundary pollution with the use of a natural resource or the environment in general the establishment of some form of institutionalized cooperation between the States concerned may become useful or indispensable. The functions of this Organization are, inter alia, to keep the implementation of the Convention and the protocals under continuous observation, to make recommendations on regional or sub-regional rules and standards to be elaborated and on measures to be taken by the Contracting Parties, to be notified of any grave and imminent danger from pollution or threat of pollution by the Contracting Parties and to promote in close cooperation with appropriate governmental bodies additional measures to protect the marine environment of the Northeast Asian Seas, and so on. Above mentioned countries, first of all, are located within the Northeast Asian Seas geographically and, therefore, take responsibilities of preserving the clean sea against marine interferences regardless of any difference of the social, political and economic systems. They must be followed under the UNCLOS and other marine conventions. Under the present circumstances, Northeast Asian Seas will become dead seas in case that there is no instant and prompt action against pollution. Hence we have an absolute obligation to promote the development of the mandatory international environmental law, which in turn can faciliate more effective implementation of the regional cooperation by the neighbouring states within this area.

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A Study on the Regulatory Focus, Entrepreneurial Orientation, and Entrepreneurial Intentions of College Students in Korea (대학생의 조절초점성향이 기업가정신 및 창업의도에 미치는 영향에 관한 연구)

  • Bae, Byung Yun;Lee, Joo-Heon
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.10 no.6
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    • pp.215-223
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    • 2015
  • Recently, in OECD countries, youth unemployment has become one of the most serious problems in society. Entrepreneurship creates innovative new companies that create more jobs than big traditional companies. In addition, entrepreneurship develops creative human resources leading to fertile ground for new technology and business innovation. Recently, regulatory theory has drawn a lot of attention and interest in the literature of psychology and marketing management. However, the theory has not been applied to the study of entrepreneurship. In this article, we try to examine the relationship among regulatory focus, entrepreneurial orientation, and entrepreneurial intentions of korean college students who show their interests in entrepreneurship. From our empirical study, we find the followings. First, promotion focus thriving on optimism, taking risks, and trying new actively affect positively on entrepreneurial orientation and entrepreneurial intention. Second, prevention focus concentrating on security, fulfilling responsibilities and maintaining efficiency does not always affect negatively on entrepreneurial orientation and entrepreneurial intention. In other words, prevention-focused students do not always have bad impression on entrepreneurship and may consider entrepreneurship as viable career path similar to average college students. Third, our empirical findings are consistent with previous studies that entrepreneurial intention is positively affected by entrepreneurial orientation.

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Analysis of the commercial diving national qualification system for the introduction of a diving supervisor (잠수기능장 제도 신설을 위한 산업 잠수 국가자격체계 분석)

  • Sim, Kyoung-Bo;Cha, Joo-Hong;Kang, Sin-Young
    • Journal of Advanced Marine Engineering and Technology
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    • v.40 no.7
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    • pp.655-662
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    • 2016
  • This study proposes that a diving supervisor, who can perform the role of both a field manager and a supervisor, be introduced in the national qualification system. The goal was achieved by surveying the general status of the commercial diving sector, including the statistics of an underwater construction company, commercial diving equipment operation condition, diver working hours, diver supply and demand status, and underwater construction market size. The national qualification and national competency standard (NCS) systems were also analyzed to deduce the role definition and work scope of the diving supervisor. Consequently, the following proposition is made: the diving supervisor should be an "on-site manager with the highest job skill in the commercial diving field, who can perform the on-site process management as well as guide, supervise, and educate project participants and serve as an intermediary between the contractor and the workers." The responsibilities of the diving supervisor are proposed to include "diving planning and operation of the diving team," "diving with surface-supplied air and mixed-gas diving system," "chamber operation," "underwater construction," and "ship salvage." The persistent issues in commercial diving sectors, such as diver career development, management, and worker supervision, are expected to be largely resolved with the introduction of this qualification.

The effects of music listening, autogenic training, and music-assisted autogenic training on the quality of life, relaxation responses, and daily living of migraine patients

  • Lee, Suyeon
    • Journal of Music and Human Behavior
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    • v.2 no.1
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    • pp.67-85
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    • 2005
  • The purpose of this study was to investigate the effect of music listening, autogenic training, and music-assisted autogenic training on the quality of life, physiological and psychological relaxation responses, and daily living in a population of migraine patients. Forty migraine patients, ranging 20 to 60 years, were referred to the researcher by their physicians and participated in the study. A convenience control-group pretest-posttest design was employed. The participants were randomly assigned to one of four groups: music listening (ML), autogenic training (AT), music-assisted autogenic training (MAT), or a control group participants, with n = 10 participants per group. The participants in experimental groups received four 30-minute sessions with an assigned treatment, once a week during a 4-week experiment period. The participants in the control group continued their regular medical treatment as prescribed by the doctor without receiving any other relaxation treatment. However, they were still aware of the research and their responsibilities for the study. The Migraine Assessment (MIDAS) and Migraine-Specific Quality of Life (MSQOL) questionnaire were used to investigate a migraine patients' quality of life collected before and after the 4-week experiment for all subjects. The physiological and psychological relaxation responses of migraine patients were measured by relaxation levels and forehead temperature recorded before and after each treatment session for the participants in three treatment conditions. The effect of the relaxation treatments on daily living of migraine patients was examined through the frequency and intensity of migraine headaches, and the amount of medication taken for migraine headaches during the 4-week experiment as recorded in participants' diary for all participants. The results found significant differences from pre- to posttest on the MIDAS, MSQOL, and relaxation levels while no significant was found among the groups. The analysis of forehead temperature showed no significant difference from pre- to posttest and among the groups. A one-way ANOVA was performed on the frequency, intensity, and amount of medication taken for migraine headaches during the 4-week experiment period. While results yielded no significant difference among the groups, the data indicate that the participants in the three treatment groups reported fewer migraine headaches, lower degrees of headache intensity, and less medication taken for migraine headaches than participants in the control group. A conclusion drawn from this study is that music listening itself as a relaxation treatment, or as an adjunct to other relaxation techniques can be effective in the treatment of migraine headaches.

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The Effect of Corporate Social Responsibilities on the Quality of Corporate Reporting (기업의 사회책임이 기업경영보고의 질에 미치는 영향)

  • Jeong, Kap-Soo;Park, Cheong-Kyu
    • Journal of Distribution Science
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    • v.14 no.6
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    • pp.75-80
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    • 2016
  • Purpose - A growing demand for sustainability reporting has placed pressure on firms with non-financial information that affects firm valuation, growth, and development. In particular, a number of researchers have investigated various topics in Corporate Social Responsibility (CSR), non-financial information. Prior studies suggest that CSR may affect corporate outcomes like corporate reporting, financial performance, and disclosures. However, the results from prior studies are not clear whether CSR affects corporate outcomes. This is partially due to the measurement issues with CSR. In this study, we examine whether CSR affects the quality of corporate reporting, one of the popular measures in corporate outcomes. We find an evidence that CSR positively affects the quality of corporate reporting. Research design, data, and methodology - In this study, we collected a unique dataset of CSR from MSCI. Total 169 firms listed in the Korean Stock Exchange from 2011 to 2014 were collected and analysed with the detailed CSR reports. Using a correlation test, we found a weak association between CSR and the quality of corporate reporting. However, the regression tests provided a strong relationship between CSR and the quality of corporate reporting after controlling for other variables that may affect the quality of corporate reporting. Additionally, we calculated the t-statistics based on heteroskedaticity-consistent standard errors (White, 1980). Results - Before we run the regression test, we sort the measures of the two dependent variables into each rating of CSR (from AAA to CCC). The results indicate that the quality of corporate reporting measured by discretionary accruals and performance-matched discretionary accruals monotonically decrease as the CSR ratings increase. This supports our hypothesis. In the regression tests, the coefficient on MJDA (PMDA) is -0.183 (-0.173) and significant at the 5% level. We can interpret the results as CSR affecting the quality of corporate reporting in positive ways. Other coefficients on control variables are consistent with prior studies. For example, the coefficients on both LOSS and LEV are positive and significant at conventional level, meaning that firms with financial difficulty may harm their quality of corporate reporting. Conclusion - We found an evidence that CSR is positively associated with the quality of corporate reporting. This study contributes to the literature in various ways. First, this study extends the line of CSR research by providing additional evidence in the setting of ethical behaviors by managements. This is consistent with the hypothesis and supports the results of prior studies. Second, to the best of my knowledge, this is the first study using the MSCI CSR ratings. In contrast with prior studies using different measures of CSR, the MSCI CSR ratings allow us to provide in-depth analysis. Third, the additional measure of dependent variable (PMDA) allows us to improve the robustness of our results. Overall, the results provided this study to extend the findings in prior studies by providing incremental evidence.

Comparative Study of the Effects of the Intermodal Freight Transport Policies (인터모달 추진 정책과 효과에 관한 비교연구)

  • Woo, Jung-Wouk
    • Journal of Distribution Science
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    • v.13 no.10
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    • pp.123-133
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    • 2015
  • Purpose - The Korean government has devised intermodal transportation policies and granted subsidies to shippers and logistics companies that made a conversion of transportation means through the policies. This provides support by expanding the complex uniform railroad transportation and overhauling the deteriorated railroad facilities. As for 2013, however, the freight transportation percentage of railroad was 4.5% in tons and 8.5% in ton kilometers. Meanwhile, since the 1990s, developed countries such as the U.S. and Europe have been trying to expand intermodal freight transport with a legal and institutional support to build a logistics system corresponding with social and economic environmental changes. In this study, I set out to examine the effects of the intermodal freight transport policies in the EU and the U.S., and to explore the direction of setting up a rail intermodal transport system in South Korea. Research design, data, and methodology - The paper used a qualitative research methodology through the literature review. First, was an overview of Intermodal transportation in the EU, U.S. and UN. Second, it describes the development of transport in Europe and the U.S. with particular emphasis on intermodal freight transport. Third, it explores the direction of setting up a intermodal freight transport in South Korea. The last section contains concluding remarks. Results - As for the EU, it has been promoting integration between transport and intermodal logistics network designs while utilizing ITS or ICT and supports for rail freight intermodal by giving reduction to a facilities fee or subsidizing for rail freight in order to minimize the cost of external due to freight transport. On the other hand, as for the U.S., it has been made up of an industrial-led operating project and has been promoting it to improve accessibility between intermodal hubs and cargo terminals through intermodal corridor program, and an intermodal cargo hub access corridor projects, etc. Moreover, it has tried to construct intermodal transport system using ITS or ICT and to remove Barrier. As a result, in these countries, the proportion of intermodal freight transport is going to be the second significant transport compared with rail and maritime transport. An Effective rail intermodal transport system is needed in South Korea, as seen in the case of these countries. In order to achieve this object, the following points are required to establish radical infrastructure policy; diversify investment financing measures taken under public-private partnerships, legal responsibilities, improvement of utilization of existing facilities to connect the railway terminal and truck terminal, and enhancement service competitiveness through providing cargo tracking and security information that combines the ITS and ICT. Conclusions - This study will be used as a basis for policy and support for intermodal freight transport in South Korea. In the future, it is also necessary to examine from the perspective of the shipper companies using the rail intermodal transport, ie, recognition of shipper, needed institutional supports, and transportation demand forecasting and cost-effective analysis of the railway infrastructure systems improvement.

Korea's Free Economic Zone as an Economic Development Strategy and Operational System (경제발전전략으로서 한국의 경제자유구역과 운영체계에 관한 연구)

  • Koh, Eui-Hyeon
    • Journal of Distribution Science
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    • v.12 no.9
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    • pp.113-123
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    • 2014
  • Purpose - After Korea's Free Economic Zone (FEZ) system was launched in 2003, there have been many debates about upgrading it and its support systems. However, as of 2013, there were insufficient results. Further, upon the designation of the East Coast and Chungbuk as official FEZs from February 4, 2013 by the 56th the Commission, there is a concern that many people are in the area designated as FEZ 8. This study investigates Korea's new FEZ system as part of Korea's primary new economic development policy in the 21st century. Therefore, this study examines views on the weaknesses of the past ten years of FEZs so that Korea can expand its FEZ system. Research design, data, and methodology -Many countries have considered the FEZ as an economic special zone. By reviewing previous research models, this study provides an update using recent data and materials, until 2013, from the Center of Free Economic Zones. In previous studies, the lack of support systems was attributed to proposals to ensure operational autonomy and differentiation of each FEZ; however, the main cause cannot be solved through regulatory issues, as difficulties caused by the operational system are responsible for the problems. We wish to analyze the FEZ, specifically the operational system; this is the main issue of this study. Results - After the first FEZs were established, it became necessary to have basic plans, as investment results in 2013 compared to the same period this year led to lower earnings in the first half of 2014. We propose an improvement of the operational system because in the free economic zones, the operational system is the root cause of the underlying problem. The results of this research are as follows. The weak management of the FEZ system is influenced by weak investment, delayed development, foreigners' living facilities, benefits of foreign investments, the control tower's policy making decision process, quickness of the process of satisfying legal requirements, and support For the independence of FEZs. Conclusion - Local governments do not have legal rights over FEZ deregulation and investment industries. This study suggests that the local government should have more independence from the central government. Moreover, independent management committees are more effective for ensuring public rights, better employee responsibilities, and better-qualified personnel. The FEZ committee struggles to effectively manage the locations of FEZs, foreign investments, and related facilities under the control of the Ministry of Trade, Industry and Energy. Thus, the FEZ committee should be under either the Prime Minister's office or the Presidential committee, to control and effectively coordinate between the local and central governments. If the problem clearly applies to the operational system in 2013, it is necessary to provide materials and methods so that the results of the first half of 2014 can be computed despite the data limits and lack of resources, and the data can be analyzed in a more diachronic thesis.

A Study on the Important Clause of International Sales Contract (국제물품매매계약(國際物品賣買契約)의 주요 조항(條項)에 관한 연구(硏究))

  • Park, Nam-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.18
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    • pp.27-62
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    • 2002
  • The international sale contract is the central contracts in export-import transactions. A good sale contract or set of general conditions of sale will cover all the principal elements of the transaction, so that uncertainties are avoided. The parties' respective duties as concern the payment mechanism, transport contract and insurance responsibilities, inter alia, will all be clearly detailed in the contract. The following key clauses should be included in international contracts of sale and general conditions of sale: ${\bullet}$ preamble ${\bullet}$ identification of parties ${\bullet}$ description of goods ${\bullet}$ price and payment conditions ${\bullet}$ delivery periods and conditions ${\bullet}$ inspection of the goods - obligations and limitations ${\bullet}$ quantity or quality variations in the products delivered ${\bullet}$ reservation of title and passing of property rights ${\bullet}$ transfer of risk - how accomplished ${\bullet}$ seller's warranties and buyer's complaints ${\bullet}$ assignment of rights ${\bullet}$ force majeure clause and hardship clause ${\bullet}$ requirement that amendments and modifications be in writing ${\bullet}$ choice of law ${\bullet}$ choice of dispute resolution mechanism Under most systems of law, a party can be excused from a failure to perform a contract obligation which is caused by the intervention of a totally unforeseeable event, such as the outbreak of war, or an act of God such as an earthquake or hurricane. Under the American commercial code (UCC) the standard for this relief is one of commercial impracticability. In contrast, many civil law jurisdictions apply the term force majeure to this problem. Under CISG, the standard is based on the concept of impediments to performance. Because of the differences between these standards, parties might be well advised to draft their own force majeure, hardship, or excusable delays clause. The ICC publication, "Force Majeure and Hardship" provides a sample force majeure clause which can be incorporated by reference, as well as a hardship clause which must be expressly integrated in the contract. In addition, the ICC Model provides a similar, somewhat more concise formulation of a force majeure clause. When the seller wishes to devise his own excusable delays clause, he will seek to anticipate in its provision such potential difficulties as those related to obtaining government authorisations, changes in customs duties or regulations, drastic fluctuations in labour, materials, energy, or transportation prices, etc.

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