• Title/Summary/Keyword: Social Character

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Admissibility of Subrogation Arbitration in the view of Firm Offer Hypothesis (확정오퍼가설 관점에서 바라 본 대위중재의 허용여부)

  • Cho, Chung-Kon
    • International Commerce and Information Review
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    • v.15 no.4
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    • pp.287-311
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    • 2013
  • The arbitration parties may disagree with the arbitrator's award about whether they are eligible for the dispute case. While lots of disputes cases relating to subrogation are arising, it is not easy to find subrogation arbitration system to handle them clearly. The main issue is an availability of subrogation arbitration in case of the dispute which the insurer requests the arbitration against the carrier according to the arbitration clause of Bill of Lading. The direct parties of arbitration clause of the B/L are the carrier and the holder of the B/L. Could the insurer get the position of the arbitration party in stead of the holder of the B/L after compensation if there was an accident of insurance on the way of carriage? Even though there are a few arbitral awards of subrogation, the reason of the eligibility of subrogation arbitration is not enough. This paper scrutinized precedent research papers, arbitration awards, judicial precedents, and the Automobile Subrogation Arbitration System. Vague dispute resolution system which burden corporations with so many costs must be not good for business. In the view of economic efficiency, blank of contract, reciprocality, and Coase Theorem, it is recommended that subrogation arbitration system for the international trade would be better focus on the hypothesis of "Firm Offer Character of Arbitration Clause."

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A Study on the Suppression and Punishment of International Terrorism (국제(國際)테러리즘의 억제(抑制)와 처벌(處罰)에 관한 연구(硏究) -중국민항기(中國民航機) 공중납치사건(空中拉致事件)을 중심(中心)으로-)

  • Yoh, Yeung-Moo
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.87-123
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    • 1989
  • The purpose of this thesis is to do a research on suppression of peacetime international terrorism and penal system of terrorists by political and economic means. International terrorism means wanton killing, hostage taking, hijacking, extortion or torture committed or threatened to be comitted against the innocent civilian in peacetime for political motives or purposes provided that international element is involved therein. This research is limited to international terrorism of political purposes in peacetime, especially, hijacking of civil aircraft. Hijacking of civil aircraft include most of international terrorism element in its criminal act and is considered to be typical of international terrorism in view of multinationality of its crews, passengers and transnational borders involved in aircraft hijacking. Civil air transportation of today is a indispensable part of international substructure, as it help connect continuously social cultural and economic network of world community by dealing with massive and swift transportation of passengers and all kinds of goods. Current frequent hijacking of civil aircraft downgrade the safety and trust of air travel by mass slaughter of passengers and massdestruction of goods and endanger indispensable substructure of world community. Considering these facts, aircraft hijacking of today poses the most serious threat and impact on world community. Therefore, among other thing, legal, political, diplomatic and economic sanctions should be imposed on aircraft hijacking. To pursue an effective research on this thesis aircraft hijacking by six Chineses on 5th May, 1983, from mainland China to Seoul, Korea, is chosen as main theme and the Republic of Korea's legal, political and diplomatic dealing and settlement of this hijacking incident along with six hijackers is reviewed to find out legal, political diplomatic means of suppression and solution of international terrorism. Research is focused on Chinese aircraft hijacking, Korea-China diplomatic negotiation, Korea's legal diplomatic handling and settlement of Tak Chang In, mastermind of aircraft hijacking and responses and position of three countries, Korea, China and Taiwan to this case is thoroughly analyzed through reviewing such materials as news reportings and comments of local and international mass media, Korea-China Memorandum, statements of governments of Korea, China and Taiwan, verdicts of courts of Korea, prosecution papers and oral argument by the defendants and lawyers and three antiaircraft hijacking conventions of Hague, Tokyo and Montreal and all the other instruments of international treaties necessary for the research. By using above-mentioned first-hand meterials as yardsticks, legal and political character of Chinese aircraft hijacking is analyzed and reviewed and close cooperation among sovereign states based on spirit of solidarity and strict observance of international treaties such as Hague, Tokyo and Montreal Conventions is suggested as a solution and suppressive means of international terrorism. The most important and indispensable factor in combating terrorism is, not to speak, the decisive and constant resolution and all-out effort of every country and close cooperation among sovereign states based on "international law of cooperation."

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The Literal Study of Health Caring(養生)Nursing Intervention According to Sasang Constitution(四象) (사상체질별 양생 간호중재)

  • Kim, Yoon-Hee;Moon, Heui-Ja;Rho, In-Suk;Song, Young-A;Shin, Yoon-Mi;Jung, Tae-Oak
    • Journal of East-West Nursing Research
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    • v.8 no.1
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    • pp.50-62
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    • 2003
  • Through this literal study, we have endeavored to provide korea's unique nursing intervention methods based upon Lee Je-Ma's Sasang Constitutional Theory which is a unique korean medical science. The Sasang Constitution Theory lay great emphasis upon health caring medicine to promote health according to self Constitution at normal times, preventive medicine to manage byself body and mind in everyday life, and eventually, ethical medicine to love benevolence and kindness but to dislike jealousy.A variety of methods has been introduced to diagnose a person's Constitution. And yet, appearance, mind and pathological signs are three major criteria. In appearance, comprehensive features such as figure (the shape of the human body), countenance, behavior, mood, and posture are observed. In mind, nature (character), talent, steadiness, personality, and greed are investigated. In pathological signs, physiological conditions when healthy and peculiar symptoms when being ill are diagnosed. By these three criteria, each Constitution is categorised into Taiyang Person, Soyang Person, Taieum Person or Soeum Person. Different healthcaring methods exist for each Constitution such as mind and body healthcaring, diet healthcaring, knowledge and behaviour leathering, age group healthcaring, regional healthcaring, social life hralthcaring, everyday life healthcaring, and materia medication healthcaring. An independent and unique healthcaring method for each person according to self Constitution could be an important nursing intervention strategy, and can product a new nursing theory. To enjoy longevity by inducing positive caring methods, I believe that individual nursing may be the most desirable nursing approach. Lee Je-Ma's Sasang Constitution caring method is not only a general nursing theory but also expected to be an important landmark/milestone/factor in Korean nursing, preventive nursing, developing new nursing intervention methods and forming new nursing theories. Therefore, it is required to conduct thorough, practical and theoretical researches in the field of nursing.

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The Change of Industrial Structure and Public Interest as to the Convergence of Broadcasting and Telecommunications (방송통신 융합에 따른 산업구조의 변화와 공익성)

  • Joo, Chung-Min
    • Korean journal of communication and information
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    • v.36
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    • pp.109-132
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    • 2006
  • It is difficult to found the concept of public interest properly, being ambiguous to distinguish media and service as to the convergence of broadcasting and telecommunications. Accordingly, it is necessary to found the concept of public interest not related to the character of media and service in the age of digital convergence. Therefore this study intended to re-found the concept of public interest, as to industrial changes in the age of convergence of broadcasting and telecommunications. The convergence of broadcasting and telecommunications causes the changes of value chain, which includes contents, platform, network, terminal. It could not help avoiding modifying the industrial structure of broadcasting and telecommunications, because of the changes of value chain. The changes of industrial structure needs the changes of ideology, regulatory policy, regulatory system, and it creates the foundation of new regulatory idea. The purpose of regulatory idea in the age of digital convergence is to practice public interest, and it is an ultimate purpose to increase consumers' welfare. Consequently, for increasing comsumer' welfare, it is necessary to achieve diversity, fairness, objectivity, the preservation of social value in the aspect of contents. Also in the aspect of platform, it is necessary to achieve the protection of privacy, consumer protection, harmful information blocking, and in the aspect of network, it is necessary to achieve the maintenance of secure network, fair competition. Finally, in the aspect of terminal, it is necessary to achieve the maintenance of compatibility, the solution for digital divide. Then regulatory policy of each value chain from a legal and institutional perspective, should be promoted to provide public interest, step by step.

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The Empirical Research on Tax Effect with the Cooperate Conversion of Private Company (개인기업의 법인전환에 따른 세무효익 연구)

  • Lee Jae-Sung;Seo Il
    • Management & Information Systems Review
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    • v.7
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    • pp.401-426
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    • 2001
  • The form of company divides private and coporate companies. In general. private company has direct connection with owner's fortunes. On the contrary, cooperate company is established by a group of people who invest capital funds on their company and has an independent character. In the case of private company, their are many merits that owner can obtain all the benefits without divisions. However, the owner can mix up the control of accounting between public and private matters. As a result confusing, it is difficult to estimate financial situation of company and is limited to fund supply. Futhermore, owner has unlimited liabilities with law credit as a social cognition. Especially, the government tries to induce conversion of private company into cooperation one on the basis of benefits of tax and so on. In those situations, the purpose of this thesis is to study the management benefits with the conversion of private company into cooperate one focucing on the related tax reduction effect. To do this, I have reviewed all of the related textual achievements and tested the real significancy of tax reduction effect of conversion empirically. Finally, I have concluded that the conversion of private company into coporate one has many benefits including significant tax reduction effect. In other side, I have considered and reviewed many difficulties related conversion privated company into cooperate one and suggested some improvements as results. This thesis is comprises 5 chapters as follows; The first chapter explains purposes and methodologies and extents of this study. The second chapter deals the theoretical basis of conversion of private company into cooperate one and cooperates diverse benefits and types and processes of conversion. The preceding research achievements are also reviewed in this chapter. The third chapter deals empirical testing on the real tax reduction effect of the conversion. The analysis is proceeded through t-test of difference of tax between pre and after conversion. The result is presented so positively that I can conclude that cooperate conversion of private company has real benefit of tax reduction. The forth chapter deals the difficulties and improvements related with conversion. They are considered and reviewed at various aspects such as practical, financial and tax aspect. In fifth chapter, I summarise all of the significant points of this study and have conclusions in various aspects at last. In final point, this study is not enough in sample numbers and sample collecting area for empirical testing of significant tax reduction effect of cooperate conversion and research of more foreign achievements. Those are remained as continuing future studies.

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Violence and an Ethical Figure in Harold Pinter's One for the Road (해롤드 핀터의 『길 떠나기 전 한잔』에 나타난 폭력과 윤리적 주체)

  • Lee, Seon Hyeon
    • English & American cultural studies
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    • v.18 no.4
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    • pp.103-137
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    • 2018
  • Harold Pinter's One for the Road(1984) is a play about violence. Nicholas, who appears to be the manager of a place, interrogates Victor, Nicky, and Victor's wife Gila in a room for one day from morning to night. There is no direct physical violence in this play. But hints about the atrocities that took place outside the stage make the audience guess the violence and cruelty. Violence, which is not seen as such, is the central theme of the play. One for the road is worth reading as a resistance to breaking the mirror of global ideology, not as it deals with violent events confined to Turkey. The problem which Pinter had in mind, in particular, is that the United States plays a leading role in producing world-class ideologies, and that Britain is involved in collusion with the United States in cultivating such ideological fantasies, both abroad and at home. This thesis analyzes the contrasting reactions of each character in the play based on this social context. In particular, the conflicting reactions of the characters on the system are the most important conflict in the drama. Nicolas is a manager who moves on the system without seeing the truth. Victor and his family, on the other hand, do not move within the same ideology as Nicholas. This paper will take a look at what their strategies of resistance is and how they are revealed in the work. In fact, Nicholas appears split. Nicholas seemingly reacted decisively to the interpellation of the system. He expresses his belief and respect for the legitimacy of his actions. However, he has repeatedly sought the respect and love of Victor. Nicholas is now swaying. The theme that Nicholas presents consciously by grabbing at his own sway is 'Patriotism.' But this fantasy splits through Victor's silence and death demands. Therefore, the questions to be answered are: So why does Nicolas appear to be torn apart in a system that directs violence? But why is he forced to assimilate into the system? What other figures imply? To answer these questions, this thesis will take Slavoj Zizek's view of ideology. On the other hand, there are previous studies that read the system of violence in One for the road from the Althusser's perspective. Surely, this play explores the role of Ideological State Apparatus. However, from the point of view of Althusser, it is not possible to read Nicholas's division and the point of resistance seen by Victor's family. Pinter does not limit the scope of the ideological system as a closed one that regenerates ideologies, but secures the domain of main body resistance and struggle. On the other hand, there are already several domestic theses that read Pinter's work in Zizek's perspective. But these theses are mainly focused on analysis of Mountain Language. What this thesis would suggest is that there is a potential for an ethical figure of Zizek to be considered in One for the Road.

North Korea's Cyber Attack Patterns and Behaviors : An Analysis Based on Cyber Power and Coercion Theory (북한의 대남 사이버공격 양상과 행태 : 사이버파워와 강압이론을 통한 분석)

  • Yoon, Taeyoung;Woo, Jeongmin
    • Convergence Security Journal
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    • v.18 no.1
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    • pp.117-128
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    • 2018
  • The purpose of this paper is to analyze the behavior of North Korea's cyber attack against South Korea since 2009 based on major international security theories and suggest South Korea's policy option. For this purpose, this paper applied the behavioral domain and characteristics of 'cyber power' and 'coercion dynamics' model, which are attracting attention in international security studies. The types of cyber attacks from North Korea are classified into the following categories: power-based incarceration, leadership attacks and intrusions, military operations interference, and social anxiety and confusion. In terms of types and means of cyber power, North Korean GPS disturbance, the Ministry of Defense server hacking and EMP are hard power with high retaliation and threat and cyber money cashing and ransomware are analyzed by force in the act of persuasion and incentive in the point of robbing or asking for a large amount of money with software pawns. North Korea 's cyber attack has the character of escape from realistic sanctions based on the second nuclear test. It is important for South Korea to clearly recognize that the aggressive cyberpower of North Korea is changing in its methods and capabilities, and to ensure that North Korea's actions result in far greater losses than can be achieved. To do this, it is necessary to strengthen the cyber security and competence to simultaneously attack and defend through institutional supplement and new establishment such as cyber psychological warfare, EMP attack preparation, and enhancement of security expertise against hacking.

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The Realities and Practices in the UK's Community Archives Movement (영국 공동체 아카이브 운동의 전개와 실천적 함의)

  • Lee, Kyong Rae;Lee, Kwang-Suk
    • The Korean Journal of Archival Studies
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    • no.37
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    • pp.3-39
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    • 2013
  • The purpose of this study is to analyze the present stage of community archives movement in the UK. By doing so, it draws some implications of the UK case for the community archives movement in Korea. The UK's 'Independent' community archives as a part of grassroots movement are characterized by participation, autonomy, and self-help of community members. Along with the appearance of the concept of 'community', the UK has experienced the revitalization period of community archives in the social context of community-based urban regeneration project. Recently, the UK's community archives have transformed themselves into building a 'governance model' relying on the partnership with mainstream archives. In particular, the UK model of community archives is based 'on their own ways' with their autonomy as a product of intrinsic development initiated by communities themselves. The character of the model of this type is very analogous to the nature of maul' community archives movement in Korea. Since the early 2000s, however, the UK model of community archives has been evolving into a way of building governance through their appropriation of the skills and methodologies from mainstream archives without endangering the autonomous essences of community archives themselves. We need to note the point of local researchers' view in archival science who have tried to seek out the methodology for building maul community archives with regard to openness and collaboration. In this respect, a shift in archival principle in the UK would give significant implications in regenerating the locally based community model.

Analysis on the Key Factors of Entrepreneurship Education for Public Technology Commercialization : Focusing on the Performance of Korean I-Corps Project (공공기술 사업화를 위한 창업교육의 핵심요인 분석 : 한국형 아이코어 사업성과를 중심으로)

  • Lee, Won-Cheul;Choi, Jong-In;Choi, Tae-Jin
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.22 no.1
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    • pp.159-170
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    • 2021
  • As the main purpose of R&D changes from the center of knowledge creation to the center of economic value creation through technology transfer and commercialization, public technologies can also secure economic feasibility as well as make a social contribution. Korea has been focusing on fostering core human resources who can lead the commercialization of basic and original research results by launching the 'Support project for exploring startups linked with public technology-based markets' since 2015 in order to promote public technology startup. This study is based on the results of a survey for the purpose of analyzing the performance of this project. In addition, this study derived four factors related to the I-corps project performance from the results of this survey and verified the relationship between these factors through structural equation model analysis. In summary, it was confirmed that 'Application Level' and 'Business Model,' which are positively affected directly from 'Entrepreneurship Learning,' have positive effects on 'Financial Resources'. Furthermore, the indirect effect of 'Entrepreneurship Learning' on 'Financial Resources' was verified. In particular, the high level of impact of 'Entrepreneurship Learning' on 'Application Level,' and the impact of 'Application Level' on 'Business Model' and 'Financial Resources' were also positive.

Study on personality and tragedy of (<심생전(沈生傳)>의 인물 성격과 작품의 비극성)

  • Chung, ku sik
    • (The)Study of the Eastern Classic
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    • no.71
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    • pp.41-70
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    • 2018
  • In this paper, I try to interpret a new interpretation of the tragedy of the work related to the affection of the male and female protagonists in , and to examine what the author Lee-Ok wanted to accomplish through his work. To do this, I first looked at the viewpoints of love between men and women. The writer insisted that there was nothing to observe the love of man and woman to observe all things of heaven and earth. And this is because he considered love of man and woman as true love. In addition, this study examined the personality of the male and female main character and the woman. Through this, the male and female protagonists of announced that they were willing to solve the affection problem positively according to the situation given to them. Based on these discussions, I have shown that the tragic nature of the is due to the frustration of the male and female protagonists despite their active affection. Therefore, through the love stories of male and female protagonists, suggests that the love of men and women is closely related to ordinary and everyday problems such as unexpected diseases, as well as social problems surrounding the two. And it is an exquisite work of narration of the genuine truth. In the end, the author Lee-Ok tried to present the inner scenery of human beings through the that the problem of affection between men and women can not be solved by human will and can be frustrated by any unexpected contingency or unexpectedness There will be.