• Title/Summary/Keyword: Supported Party

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A Systematic Method for Independent Safety Assessment of Railway System by Applying NOR-STA Tool (NOR-STA 도구를 활용한 체계적 철도시스템 독립안전성 평가 방안)

  • Jung Kyou Um;Peom Park;Young Min Kim
    • Journal of the Korean Society of Systems Engineering
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    • v.19 no.1
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    • pp.29-38
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    • 2023
  • Independent Safety Assessment (ISA) is a third-party assessment that is to confirm that the system satisfies the safety requirements in the defined operational context. The process of this assessment often brings about many complex arguments that should be supported by evidence and justification. The communication between arguments and evidence is of the most importance in the context of safety case. This study illustrates how NOR-STA can be used for ISA process, showing the effective structure of safety compliance. The study outlines the steps to breaks down the top goal into many elements such as arguments, sub-goals, justification, context and assumptions. It concludes that the evidence-based safety conformance process utilizing NOR-STA provides a more effective and systematic representation of the independent safety assessment process in conformance cases.

A Comparative Legal Study on the Non-Performance and Remedies under International Commercial Contract - Focusing on the CISG, PICC and PECL - (국제상사계약상불이행과 구제에 관한 비교 연구)

  • Shim, Chong-Seok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.44
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    • pp.3-29
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    • 2009
  • The PECL have been drawn up by an independent body of experts from each member state of the european union under a project supported by the european commission and many other organizations. Salient features of the general provisions of the PECL, freedom of contract and pecta sunk servanda, good faith and fair dealing, most of the PECL are non-mandatory. The CISG uses the term fundamental breach in various setting. The concept of fundamental breach is a milestone in its remedial provisions. Its most important role is that it constitutes the usual precondition for the contract to be avoided(Art. 49., Art. 51., Art. 64., Art. 72., Art. 73). In addition, where the goods do not conform with the contract, a fundamental breach can give rise to a requirement to deliver substitute goods. Furthermore, a fundamental breach of contract by the seller leaves the buyer with all of his remedies intact, despite the risk having passed to him(Art. 70). Basically, PECL, PICC generally follows CISG, it was similar to all the regulation's platform though the terms and content sometimes differ. For example regarding to the non-performance and remedies, in the case of non-performance, that is the PECL/PICC term analogous to breach of contract as used in the CISG. Furthermore the PECL/PICC used fundamental non-performance refered to in PECL Art. 8:103 ; PICC Art. 7.1.1. correspond generally to the concept of fundamental breach referred to in CISG Art. 25. The main significance of the fundamental non-performance, in any systems, is to empower the aggrieved party to terminate the contract. The need for uniformity and harmony in international commercial contracts can be expected to lead to growth of international commerce subject to the CISG, PICC, and PECL. It is hoped that the present editorial remarks will provide guidance to improve understanding between the contractual party of different countries in this respect and following key-words.

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A Study on Ensuring Biosafety of Biotechnology Product under Debate about Trade and the Environment (DDA 무역-환경 논의와 생명공학제품의 안전성 확보)

  • Sung, Bong-Suk;Yoon, Ki-Kwan
    • Environmental and Resource Economics Review
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    • v.13 no.3
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    • pp.519-547
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    • 2004
  • This paper analyze problems about scope of specific trade obligations(STOs), principle of dispute settlement procedure, and non-parties in context of the Cartagena Protocol on Biosafety(POB), which based on sub-paragraph 31(i) of DDA WTO Ministrial Declaration. The implications based on result of this study are as follows. First, to accept the wider scope of STOs under POB in Korea, importing country, won't be harmful to LMOs and Bioindustry. Instead, it will ensure a high level of biosafety concerning the import of LMOs. Exporters can take different kinds of trade measures to countervail adverse effect on the export of LMOs in this case. Therefore importer will endure the aftereffect. However, if korea were in exporter's place, to accept the wider scope STOs under POB will not have a good influence on the export of LMOs. Korea, therefore, should devise scheme for responding to debate about the STOs in MEAs, which have to be based on cost-benefit analysis and scenarios taking into account of speed and level in biotechology progress, status and trend of LMOs R&D and production, and condition of other industries. Second, it is not easy to agree with applying to what's rule between the POB and WTO for settlement dispute. Because there is the incompatibility between the POB characterized according to social rationality and WTO's rules for safety and environmental protection characterized according to scientific rationality. This issue have to be discussed for long period due to gap like that. Accordingly Korea, one of major LMOs importing countries, should suggest continuously that the effort is needed to ensure an adequate level of protection in transboundary movements of LMOs and scientific, environmental and socio-economic study. Third, in case of dispute between party and non-party of the POB, the duties under the WTO of non-party of the POB(if WTO member country) is valid. The country, therefore, will try to settle dispute based on WTO's rules. However, international society have to ensure for sound and safe use of LMOs in the field of transboundary movements. Accordingly Korea should devise scheme for preventing the possibility of dispute between party and non-party of the POB(if WTO member country), which is supported by policy options under the POB.

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Distributed Secure Mail System For Roaming User (이동 사용자를 위한 분산 보안 메일 시스템)

  • Yang, Jong-Phil;Sur, Chul;Lee, Kyung-Hyune
    • The KIPS Transactions:PartC
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    • v.10C no.6
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    • pp.825-834
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    • 2003
  • In this paper, we propose a new certified e-mail system which reduces user's computational overhead and distributes confidentiality of TTP(Trusted Third Partty). Based on the traditional cryptographic schemes and server-supported signiture for fairness and confidentiality of message, we intend to minimize to computation overhead of mobile device on public key algorithm. Therefore, our proposal becomes to be suitable for mail user sho uses mobile devices such as cellular phone and PDA. Moreover, the proposed system is fault-tolerant, secure against mobile adversary and conspiracy attack, since it is based on the threshold cryptography on server-side.

Who Would Amend the Procedural Rules in the Legislature, and Why? An Analysis of Legislators' motivations to Propose Amendments of the National Assembly Law in the 19th Korean National Assembly (누가, 왜 국회법을 개정하려 하는가? 제19대 국회 국회법 개정안 발의 분석)

  • Koo, Bonsang;Park, Wonho
    • Korean Journal of Legislative Studies
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    • v.24 no.2
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    • pp.67-99
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    • 2018
  • This study analyzes the revision bills of the National Assembly Law in the 19th National Assembly in which the National Assembly Advancement Act was enacted, with the question "who are involved in the revision of the procedural rules, and what motivates them?" The cosponsor network analysis focusing on primary sponsors of the revision bills shows that the network was constructed by party affiliations. A small number of members with high degree centrality attempted to cooperate with each other at the cosponsoring stage, but the legislation did not pass through the related committee. In addition, this study tests the four competitive hypotheses (the committee hypothesis, the distributive politics hypothesis, the ideological distance hypothesis, and the partisan affiliation hypothesis) about the motivation to propose amendments by using the regression models which include newly measured variables. Only the committee hypothesis and the partisan affiliation hypothesis are empirically supported. This implies that partisan consideration is still significant in amending the National Assembly Law even after the National Assembly Advancement Act, and thus party leaders' willingness to seek bipartisan compromises is at the heart of problem-solving.

Regionalism and Devolution Policy of the United Kingdom (영국의 지역주의와 지방분권화)

  • Ahn, Young-Jin
    • Journal of the Korean association of regional geographers
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    • v.9 no.2
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    • pp.105-118
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    • 2003
  • In both elections of 1997 and 2001, Tony Blair of the Labour Party won #10 of Downing Street. This political success had to do with regionalism and was particular due to the devolution policy that was supported by non English citizens. However, there are negative voices about this policy which tries to cope with regional conflicts by decentralizing the central political power. The paper aims to examine the current regionalism movements and the devolution policy in Britain. For this purpose, the nation-building processes of the United Kingdom and various reactions to these processes, especially regional ethnic conflicts are discussed. And the study finally investigates the future perspectives of the devolution policy and its implications for both regionalism and the national-regional developments in Britain.

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ADAM: An Approach of Digital Asset Management system (사후 디지털 자산 관리 시스템에 관한 연구)

  • Moon, Jeong-Kyung;Kim, Hwang-Rae;Kim, Jin-Mook
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.16 no.9
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    • pp.1977-1982
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    • 2012
  • Social network service user or smart phone user is very convenient, because there are supported to various social network services such as Facebook, Twitter, Flickr, Naver blog, Daum blog, and so on. This Is very good because they store multimedia datas that user wants to cyber space if they want it conveniently. But, if social network user increases, space of cloud storage increases sharply, and when social network service used user dies then they have big problems such as they did not know in existing. Typically, problems of notice, dissemination, storage, and inheritance for digital asset can happen representatively. Now, If successor send relation information of he and his dead user that is family to social network service provider then service provider checks it. And successor may can use, save and only backup are possible after confirm of family relation truth. Therefore, We wish to propose ADAM that successor may can inherit digital assets easily, conveniently, and safely in this paper. If someone use ADAM, successor submits information about dead and own family relation in the third certification party. And ADAM can be inherited freely and conveniently about digital assets as general assets passing through right inheritance process.

A Study of Efficient Measures for Installing and Managing Traditional Market Arcades (전통시장 아케이드의 설치 및 관리 효율화 방안 연구)

  • Kim, Young-Ki;Kang, Heon-Soo;Kim, Seung-Hee
    • Journal of Distribution Science
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    • v.10 no.3
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    • pp.15-30
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    • 2012
  • It has been 10 years since the facility modernization projects of traditional markets was rigorously undertaken. Although more than 835 traditional Korean markets nationwide have already completed these projects, there does not exist a specific set of standards of installation, future maintenance, and management. As a result, the complaints made by civil stakeholders in accordance of the actual facility installation caused problems and delays of related projects. In addition, while some local governments secured and implemented their own differing standards, others have not yet established their own separate standards for maintenance and management. Specifically, 694 traditional markets nationwide were supported for the cost of installing arcades by 2010. For the short period of time after the arcade-supported projects were deployed, the number of the traditional markets had been rapidly growing as a prime example of the facility modernization projects. The arcade facilities are being planned and installed merely for screening the rain or the sun. Without fundamental data for the newly landscaped environments or information on the actual conditions of usage and assessment, there is a lack of comprehensive approaches that could possibly organize the public environments. Furthermore, the amount of support needed for repairs, maintenance, and management from the central and local governments is gradually increasing. Thus, it becomes both crucial and necessary to complement the current set of standards. The purpose of this study is to examine the actual conditions of usage, maintenance, and management among those traditional market facilities that were installed with the supports of the facility-modernization projects, especially for arcades. This will be carried out through investigating the local problems, issues, and considering international case studies. The results of this study will provide measures for effective and efficient installation and management of traditional market arcades. Improvements in the use of public resources could be directed towards transforming public business, as well as public enhancement and functional maintenance and reinforcement. Under this condition, the arcade is not a simple area to avoid rain or sunlight; it becomes a public space. It is highlighted that the arcade should establish its public business not only to activate markets but also to refine street environments and revitalize local communities. A more specific way to improve is introduced through systematic supplementation. This is needed to attract effective participation from local residents and is done so by conducting a fair procedure from the first stage of business and by providing guidelines for establishing arcades as public facilities. The study points out to the problem of merchants-centered plans and street use. It presents the need to expand to involve residents and customers. Given that the arcade is a public facility and merchants' ability to maintain it is limited, manuals and systems for its maintenance needs to be introduced through multi-party agreement of merchants, government, residents and customers.

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The Determination of Trust in Franchisor-Franchisee Relationships in China (중국 프랜차이즈 시스템에서의 본부와 가맹점간 신뢰의 영향요인)

  • Shin, Geon-Cheol;Ma, Yaokun
    • Journal of Global Scholars of Marketing Science
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    • v.18 no.2
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    • pp.65-88
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    • 2008
  • Since the implementation of economic reforms in 1978, the Chinese economy grows rapidly at an average annul growth rate of 9% over the post two decades. Franchising has been widely recognized as an important source of entrepreneurial activity. Trust is important in that it facilitates relational exchanges by permits partners to transcend short-run inequities or risks to concentrate on long-term profits or gains. In the relationship between the franchisors and franchisees, trust has been described as an important source of competitive advantage. However, little research has been done on the factors affecting trust in Chinese franchisor-franchisee relationships. The purpose of this study is to investigate what factors affect the trust in the franchise system in China, and to provide guidelines and insights to franchisors which enter Chinese market. In this study, according to Morgan and Hunt (1994), trust is defined as the extending when one party has confidence in an exchange partner's reliability and integrity. We offered a conceptual model of the empirical study. The model shows that the factors affecting the trust include franchisor's supports, communication, satisfaction with previous outcome and conflict. We also suggested the franchisor's supports and communication like to enhance the franchisee's satisfaction with previous outcome, and the franchisor's supports, communication and he franchisee's satisfaction with previous outcome tend to decrease conflict. Before the formal study, a pretest involving exploratory interviews with owners from three franchisees was conducted to make sure the questionnaire was relevant and clear to the respondents. The data were collected using trained interviewers to carry out personal interviews with the aid of an unidentified, muti-page, structured questionnaire. The respondents comprised of owners, managers, and owner managers of franchisee-owned food service franchises located in Beijing, China. Even though a total of 256 potential franchises were initially contacted, the finally usable sample consisted of 125 respondents. As expected, the sampling method was successful in soliciting respondents with waried personal and firm characteristics. Self-administrated questionnaires were used for all measures. And established scales were used to measure the latent constructs in this study. The measures tapped the franchisees' perceptions of the relationship with the referent franchisor. Five-point Likert-type scales ranging from "strongly disagree" (=1) to "strongly agree" (=7) were used throughout the constructs (trust, eight items; support, five items; communication, four items; satisfaction, six items; conflict, three items). The reliability measurements traditionally employed, such as the Cronbach's alpha, were used. All the reliabilities were greater than.80. The proposed measurement model was estimated using SPSS 12.0 and AMOS 5.0 analysis package. We conducted A series of exploratory factor analyses and confirmatory factor analyses to assess the convergent validity, discriminant validity, and reliability. The results indicate reasonable overall fits between the model and the observed data. The overall fit of measurement model were $X^2$= 159.699, p=0.004, d.f. = 116, GFI =.879, NFI =.898, CFI =.969, IFI =.970, TLI =.959, RMR =.058. The results demonstrated that the data reasonably fitted the model. We also examined construct reliability and reliability and average variance extracted (AVE). The construct reliability of each construct was greater than.80 and the AVE of each construct was greater than.50. According to the analysis of Structure Equation Modeling (SEM), the results of path model indicated an adequate fit of the model: $X^2$= 142.126, p = 0.044, d.f. = 115, GFI =.892, NFI =.909, CFI =.981, IFI =.981, TLI =.974, RMR =.057. As hypothesized, the results showed that it is strategically important to establish trust in a franchise system, and the franchisor's supports, communication and satisfaction with previous outcome tend to reinforce franchisee's trust. The results also showed trust seems to decrease as the experience of conflict episodes increases. And we also noticed that franchisor's supports and communication tend to enhance the franchisee's satisfaction with previous outcome, and communication tend to decrease conflict. If the trust between the franchisor and franchisee can be established in a franchise system, franchising offers many benefits and reduces many costs. To manage a mutual trust of relationship with their franchisees, franchisor's should provide support effectively to their franchisees. Effective assistant services have direct effect on franchisees' satisfaction with previous outcome and trust in franchisor. Especially, franchise sales process, orientation, and training in the start-up period are key elements for success of the franchise system. Franchisor's support is an accumulated separate satisfaction evaluation with different kind of service provided by the franchisor. And providing support definitely can improve the trustworthy image of the franchisor. In the franchise system, conflicts of interests and exertions of different power sources are very common. The experience of conflict episodes seems to negatively relate to trust. Therefore, it is important to reduce the negative side of the relationship conflicts. Communication actually plays a broader role in reducing conflict and establish mutual trust in franchisor-franchisee relationship. And effective communication between franchisors and franchisees can improve franchisees' satisfaction toward the franchise system. As the diversification of Chinese markets, both franchisors and franchisees must keep the relevant, timely, and reliable communication. And it is very important to improve the quality of communication. Satisfaction with precious outcomes seems to positively relate to trust. Franchisors and franchisees that are highly satisfied with the previous outcomes that flow from their relationship will perceive their partner as advancing their goal achievement. Therefore, it is necessary for both franchisor and their franchisees to make the welfare of partner with effort. Little literature has focused on what factors affect the trust between franchisors and their franchisees in China. This study developed the hypotheses regarding the factors affecting trust in the transaction relationship. The results of data analysis supported the hypotheses strongly. There are certain limitations in this study. First, we may point out that some other factors missed in this study could be significantly important. Second, the context of this study, food service industry, limits its potential generalizability for all franchise systems. More studies in different categories of franchise system are needed to broaden its generalizability. Third, the model was tested empirically in a sample in Beijing, more empirical tests of the proposed model in other Chinese areas are needed. Finally, the analysis in this study was solely based on the perception of franchisees and the opinions of franchisors were not included.

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