• Journal of the Korea Academia-Industrial cooperation Society
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• v.16 no.6
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• pp.4031-4039
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• 2015

The problems related with blood supply shortage and the stability of blood transfusion are on the rise, as it is expected that the blood doners will decrease but the blood use amount for aged population will increase, owing to low birth and aged population increase. The purpose of this study is to analyze the hospital characteristics which affect patients receiving and non-receiving blood transfusion for the knee and hip total replacement arthroplasty. Data were collected from Health Insurance Review and Assessment Service's 2011 sample data, and 5,370 inpatients were abstracted from them. Logistic regression analysis was performed, using SPSS 20. Independent variables used are hospital characteristics variables and patient characteristics variables. Hospital characteristics variables are hospital type, ownership, residence and the number of usable beds, and patient characteristics variables are gender, age, severity, type of anesthesia, main diagnosis, whether or not of anemia and insurance class. At the result of this study, it was found that hospital type, region, gender, age, severity, main diagnosis and whether or not of anemia were the factors that mostly affected the blood transfusion for knee arthroplasty. And hospital type, residence, gender, age, severity, type of anesthesia and whether of not of anemia were the factors that mostly affected the blood transfusion for hip arthroplasty. In addition to that, it is expected that this research which analyzed the present state of blood transfusion and its influence factors are cost effective, and would make a good use of preliminary data for good quality of medical service.

• 동북아역사논총
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• no.60
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• pp.196-227
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• 2018

The issues of this study are as follows. First, I will examine the overall situation and transition trends of Tibetan research in Taiwan since the modern period, and examine the development and trends of Tibetan history research in Taiwan. Secondly, in order to satisfy the above, we will analyze trends of Taiwan's major Tibetan research institutes and scholars, and trace their trends and their trajectories. Third, the trend of Tibetan research in Taiwan may be a useful indicator for us to analyze research methods and trends of Taiwanese scholars. If there is a flow of features and transitions, the text will explore the reason. Fourth, one of the implications of this study is that it can trigger an understanding of locality in the structure of the central region, the Han Chinese minority, and the possession and distribution of academic reasoning. In other words, it should be noted that even though the same Tibetan research is conducted, China is in the position of the vested right to distribute 226 | 동북아역사논총 60호the central or ownership, while Taiwan has historical and territorial characteristics that deviate from such a gaze and attitude. Taiwan may be sensitive to the vertical concept understood as a change in the relationship between the state and the center, or whether it is applicable to Tibetan research. If there is such an academic climate, I would like to consider suggestions for us. This may provide a direction to view the academic issues of a few scholars, or even the domestic academic world as an independent object of more specific academic research.

• International Journal of Computer Science & Network Security
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• v.22 no.7
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• pp.57-64
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• 2022

This scientific article is devoted to the study of the legal significance of such a category of legal status of the purchaser of another's thing, as its good faith. The essence of this phenomenon has been studied, it has been established that the criterion of good faith attaches significant importance to the claims of the participants of these relations for the acquisition or preservation of private property rights. The paper emphasizes that, in addition to the importance of good conscience at the time of possession of another's thing, which gives legal certainty the possibility of registration of the title and is part of the actual composition for the acquisition of property or the right of ancient possession, bona fides also characterizes the behavior of the occupier. In this case, good conscience only has some legal consequences when it is opposed to subjective law. Under such conditions, it acquires direct legal significance, including as a condition for the acquisition and protection of rights. Good faith possession of another's property is an internal indicator of the subject's awareness of a certain property status. This sense, the article assesses this status from the standpoint of the scientific concept of the visibility of law. According to this theory, prescription is also considered as a consequence of the appearance of law, however, because it arises and lasts against the will of the parties and despite their awareness of this fact. Therefore, bona fide continuous and open possession of property as one's own, during the acquisition period, was most significantly associated with the appearance of property. Therefore, the concept of good faith, in the sense of personal perception of real values, is closely related to the principle of protection of the appearance of law, as it is aimed at understanding it by third parties. The paper notes certain differences in the application of the theory of the appearance of the right in the acquisition of property by a bona fide purchaser from an unauthorized alienator and the acquisitive prescription. It is emphasized that such a mechanism must be used in presuming the attitude to the thing as its own, by the holder of movable property. But there should be exceptions to the rule, in particular, if the owner has grounds for vindication of the thing.

• Korean Journal of Heritage: History & Science
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• v.53 no.4
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• pp.274-291
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• 2020

This year is the 50th anniversary of the adoption by UNESCO in 1970 of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property (the '1970 Convention'). Since its ratification of the 1970 Convention in 1983, the Republic of Korea has domestically implemented the Convention through its Cultural Heritage Protection Act, which was first enacted in 1962. This is a different form of implementation than is normally used for other UNESCO Conventions on cultural heritage, in that the Republic of Korea has recently adopted special acts to enforce the 2003 Convention for the Safeguarding of Intangible Cultural Heritage and the 1972 Convention concerning the Protection of the World Cultural and Natural Heritage. In addition, the 1970 Convention has been developed further through the introduction of new Operational Guidelines in 2015 for the concrete enforcement of the Convention, which has provided momentum for the Republic of Korea to analyze its current national legislation related to the 1970 Convention as well as consider its amendment in the future. Overall, the Cultural Heritage Protection Act of the Republic of Korea effectively reflects the duties of States Parties under the 1970 Convention. These include measures to introduce export certificates, prohibit the import of stolen cultural property, return other state parties' cultural property, and impose penalties or administrative sanctions in the event of any infringements. Indeed, the Republic of Korea's implementation of the 1970 Convention was introduced as an example of good practice at the Meeting of State Parties in 2019. However, changes in the illegal market for cultural property and development of relevant international law and measures imply that there still exists room for improvement concerning the legal implementation of the 1970 Convention at the national level. In particular, the Operational Guidelines recommend States Parties to adopt legal measures in two respects: detailed criteria for due diligence in assessing bona-fide purchasers, referring to the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, and measures to address the emerging issue of illegal trade in cultural property on internet platforms. Amendment of the Cultural Heritage Protection Act and other relevant laws should be considered in order to duly reflect these issues. Taking that opportunity, concrete provisions to facilitate international cooperation in respect of the implementation of the 1970 Convention could be introduced as well. Such measures could be expected to strengthen the Republic of Korea's international legal cooperation to respond to the changing environment regarding illicit trafficking of cultural property and its restitution.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.63-101
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• 2020

'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.

• Journal of Global Scholars of Marketing Science
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• v.19 no.3
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• pp.28-36
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• 2009

While existing literature has focused extensively on the strengths and weaknesses of the Chaebol and their ownership and governance, there have been few studies of Korean non-Chaebol firms. However, Lee, Lee and Pennings (2001) did not specifically investigate the competitive strategies that non-Chaebol firms use to survive against the Chaebol in the domestic Korean market. The motivation of this paper is to document, through four exploratory case studies, the successful competitive strategies of non-Chaebol Korean companies against the Chaebol and then offer some propositions that may be useful to other entrepreneurial firms as well as public policy makers. Competition and cooperation as conceptualized by product similarity and cooperative inter.firm relationship respectively, are major dimensions of firm.level marketing strategy. From these two dimensions, we develop the following $2{\times}2$ matrix, with 4 types of competitive strategies for non-Chaebol companies against the Chaebol (Fig. 1.). The non-Chaebol firm in Cell 1 has a "me-too" product for the low-end market while conceding the high-end market to a Chaebol. In Cell 2, the non-Chaebol firm partners with a Chaebol company, either as a supplier or complementor. In Cell 3, the non-Chaebol firm engages in direct competition with a Chaebol. In Cell 4, the non-Chaebol firm targets an unserved part of the market with an innovative product or service. The four selected cases such as E.Rae Electronics Industry Company (Co-exister), Intops (Supplier), Pantech (Competitor) and Humax (Niche Player) are analyzed to provide each strategy with richer insights. Following propositions are generated based upon our conceptual framework: Proposition 1: Non-Chaebol firms that have a cooperative relationship with a Chaebol will perform better than firms that do not. Proposition 1a; Co-existers will perform better than Competitors. Proposition 1b: Partners (suppliers or complementors) will perform better than Niche players. Proposition 2: Firms that have no product similarity with a Chaebol will perform better than firms that have product similarity. Proposition 2a: Partners (suppliers or complementors) will perform better than Co.existers. Proposition 2b: Niche players will perform better than Competitors. Proposition 3: Niche players should perform better than Co-existers. Proposition 4: Performance can be rank.ordered in descending order as Partners, Niche Players, Co.existers, Competitors. A team of experts was constituted to categorize each of these 216 non-Chaebol companies into one of the 4 cells in our typology. Simple Analysis of Variance (ANOVA) in SPSS statistical software was used to test our propositions. Overall findings are that it is better to have a cooperative relationship with a Chaebol and to offer products or services differentiated from a Chaebol. It is clear that the only profitable strategy, on average, to compete against the Chaebol is to be a partner (supplier or complementor). Competing head on with a Chaebol company is a costly strategy not likely to pay off for a non-Chaebol firm. Strategies to avoid head on competition with the Chaebol by serving niche markets with differentiated products or by serving the low-end of the market ignored by the Chaebol are better survival strategies. This paper illustrates that there are ways in which small and medium Korean non-Chaebol firms can thrive in a Chaebol environment, though not without risks. Using different combinations of competition and cooperation firms may choose particular positions along the product similarity and cooperative relationship dimensions to develop their competitive strategies-co-exister, competitor, partner, niche player. Based on our exploratory case-study analysis, partner seems to be the best strategy for non-Chaebol firms while competitor appears to be the most risky one. Niche players and co-existers have intermediate performance, though the former do better than the latter. It is often the case with managers of small and medium size companies that they tend to view market leaders, typically the Chaebol, with rather simplistic assumptions of either competition or collaboration. Consequently, many non-Chaebol firms turn out to be either passive collaborators or overwhelmed competitors of the Chaebol. In fact, competition and collaboration are not mutually exclusive, and can be pursued at the same time. As suggested in this paper, non-Chaebol firms can actively choose to compete and collaborate, depending on their environment, internal resources and capabilities.

• Journal of the Korean Geographical Society
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• v.28 no.3
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• pp.213-226
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• 1993

In Korea, the urban studies of geography have mainly dealt with such a series of research as system of urban place and internal structure of urban area. The existing studies have been carried out with ecological approach. Ecologists, now a days, regard organiation and transfor-mation of the urban space as the process of invasion, succession, and segregation. However it is more proper that cities should be considered not as fragmantary objects, as some ecologists insist, but as synthetic ones in social structure. This research, with adopting a case of the renewasl of central area in Seoul, tried to make it clear that the formation and transition of the city is a product of social structure and examined polical and economic logic which exists in variation of urban space in detail. The results of this study are as follows; Urban renewal of central area is closely related with production and reproduction in capitalist society. In urban center, as business activities had increased since 1973 due to decen-tralization of production process, the necessity of reorganizing the land use in existing central area accordingly increased. The urban renewal program of central area in Seoul was inrroduced under such situation. The urban renewal of central area reflecting the capital logic has changed the central area with six hundred year's tradition. From the urban renewal of central area, not only was the central area, which traditionally had been mixed with various fun-ctions, simplified into the unitary area of busi-ness, but also physical landscape changed. As the land lot in renewal area expanded into regular shape, buildings became larger and taller. The program tremendously raised the price of related area. Aiming at these profits caused by the raised price, a great number of capitalists participated in the program. And as the benefit ratio of the manufacture sector continuously dropped with the economic recession, the pro-gram was carried out much more vigorously. That was because the idle capital accumulated during the recession was invested in property sector and was self-proliferated. The urban renewal raised the land value of central area and drove out the people living in this area. The people moved into the whole parts of the city resulting diffused squatter settlements. And the urban changes in central area were results of the policy of municipal authorities, who supported and systematized the changes lawfully and administratively, as well as reali-zation of capital logic. Due to the renewal policies of central area in Seoul, much more renewals by the only capitalists were carried out than those by the people themselves living in that area. The integration of land ownership in the law of urban renewal shows the reason of that. Moreover, the law allows the third deve-loper to participate in the tasks and admits the land expropriation rights. The municipal autho-rities guaranteed the profitability of the tasks through finacial aid, tax benifit, and relaxation of regulations for construction. As examined above, the changes in the land use of urban space have been led not by the ecological process of development of the city itself, but by the restructuring of capitalism and the intervention of the government authorities.

• Korean journal of communication and information
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• v.43
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• pp.117-151
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• 2008

This paper regards former Samsung lawyer Kim Yong-Chul's action of claiming Samsung Group's slush fund as typical Whistle-Blowing from inside. News frames in KBS, SBS TV were examined through comparative analysis. In formal feature, 'episodic news frame' hold an absolute majority in both stations. From news sources, the group of whistle-blower such as lawyer Kim Yong-Chul and civic groups was confronted with Samsung and state authorities including the Prosecutor, financial agencies. Analysis on the theme of news coverages demonstrated 5 frames: 'public announcing frame', 'news of conflict frame' 'demanding a close inquiry frame', 'declaration of conscience frame', 'causing social upheaval frame', Analysis result shows that 'public announcing frame' was most frequently used in reporting and there was distinction between KBS and SBS in 'declaration of conscience frame' and 'causing social upheaval frame'. Relatively KBS preferred 'declaration of conscience frame' and SBS would use 'causing social upheaval frame', from which reciprocal relation as media ownership could be analogized. Both media tend to make light of in-depth news coverages on structural issues or essential settlement and it is shown that both stations treated this situation with intriguing audiences as stressing sensitive parts in this event. Follow-up of changing process of 'declaration of conscience frame' through diachronic analysis on framing informs that additional exposure of 'Lee Yong Chul', former secretary in Nov 19, 2007 influenced increasing of frequency of using 'declaration of conscience frame'. However, news reporting on whistle-blower in KBS and SBS generally adheres to passive attitude of following changes in the surroundings rather than playing an active role in improving social recognition on whistle-blowing, which can induce to the spread of negative feature on it. Thus it is assumed that terrestial television broadcasting should regard whistle-blowing as contradiction in social structures and active depth reporting seems to be neded for improving social recognition on whistle-blowing.

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.129-153
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• 2017

Fair Competition policy in aviation field has been discussed since open skies policy began in 1970s. This issue has been also the main topic in the ICAO's Worldwide Air Transport Conference, the Air Transport Symposium, etc. ICAO defines competition as the existent or potential rivalry between two or more operators, carriers or groups, striving for advantages in the same market based on different prices, qualities and services. In a broader sense, the definition includes more various meanings; reasonable, fair, effective, and unrestricted competitions. Nowadays, competition laws and regulations to air transportation have been applied more frequently and the issues varies from antitrust immunity, mergers and alliances, abuse of dominant positions, capacity dumping and predatory pricing, sales and marketing, to airport charges and fees, state aid and loan guarantees. Now, the competition among the airlines or nations in aviation industry is changing to cooperation level. A lot of airlines try to survive by various cooperation methods. Therefore the policy of Korean aviation industry should be developed, taking so-called "the viewpoint of national aviation industry ecosystem" into consideration and Korean government should prepare a policy of fair competition to cope with it. First, in the process of open skies policy with neighboring countries such as China, Japan and the Middle East, it is necessary to apply the fair competition act and prepare laws and regulations to implement it. Second, the standards of effective ownership and control of air transportation business should be reviewed. Third, in preparation for aviation agreements and liberalization, the Korean aviation industry needs to study and review competition and cooperation issues through the analysis of strict aviation market structure for airlines and airport operations. Fourth, it is necessary to create a fair air transportation environment for the development of air transportation and competitiveness through preemptive policies such as the approval of mergers, acquisitions, JV and the ripple effects analysis.

• International Area Studies Review
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• v.22 no.2
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• pp.163-186
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• 2018

The purpose of this study is to analyze the institutional conditions and problems for the transition to the North Korean economic system. As a research method, we first analyzed the legislative processes of 4th stage market reform policies (liberalization, privatization, privatization, and corporation) by major economic transition countries. And we found out the difference with North Korea. Based on this, it analyzed the process of institutionalization of North Korea's 4th stage economic reform policies (7.1 measures, comprehensive market policies, Currency reform, 6.28 policy). According to research, There are three important conditions that can not compare the changes of the North Korean market economy with those of the transition economies. First, the internal and external conditions and environment for the transition of the economic system and the role of the state and civil society are very different. Second, the means and objectives of the policy decision process and the implementation process are different. Third, it differs absolutely in terms of the nature and effectiveness of the nation's political and economic policies. Fourth, the priority, contents, and legislation process of economic policies for economic reform differ considerably from those of North Korea. Especially, when discussing the possibility of transition to the 'Chinese model', it is accompanied a considerable risk. It is because the purpose of market entry of control power in North Korea and their survival network are quite unique. In addition, China's domestic market size, population size, and type of control are quite different from North Korea. A necessary and sufficient condition for the transition of the North Korean economic system is the relaxation of physical control mechanisms and institutions in the market area. Next, it is necessary to make a legitimate institutionalization as well as an entire survey on the illegal ownership market. Based on this, it is necessary to gradually change the dependence of the domestic market on China to South Korea. In other words, this is a paradigm shift in the semi-controlled power exclusion, post-automation and domestic market.