• Title/Summary/Keyword: The Second Party

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An Institutional Review of Farming Transfer to Revitalize Management Transfer (경영이양활성화를 위한 농업경영이양의 제도적 고찰)

  • Lee, S.Y.;Kim, J.J.
    • Journal of Practical Agriculture & Fisheries Research
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    • v.22 no.2
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    • pp.23-36
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    • 2020
  • The purpose of this study is to understand the phenomenon of agricultural management transfer and to present a plan to activate Korean management transfer through institutional consideration. To this end, the domestic and overseas agricultural management transfer system was identified, and an appropriate institutional plan for the country was sought. There are six ways to activate the management transfer system proposed in this study. First, establishment of an agricultural management transfer agency, second, training and utilization of management transfer experts, third, establishment of an agricultural succession certification support institution, fourth, operation of specialized training courses for management transfer, fifth, (local government) linked operation of a farming support center, sixth, agricultural management transfer legislation and securing of budgets. The above agricultural management transfer system is expected to contribute to the advancement of management transfer activation.

Cheonan Frigate Incident and Yeonpyeongdo Shelling by North Korea: Changing Public Opinion; Strategic Consideration (천안함·연평도 도발 이후 국민의식 변화와 대책)

  • Sohn, Kwang-Joo
    • Strategy21
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    • s.34
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    • pp.93-127
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    • 2014
  • During the four years following the sinking of the Cheonan frigate in 2010, the South Korean public opinion has seen changes in four basic ways. First, public polls with respect to the cause of the sinking show that 70% of the people consider North Korea as the culprit, while 20% maintain that it was not an act carried out by North Korea. Second, the opinions relative to the cause of the incident seem to vary according to age difference, generational difference, and educational difference. From 2011, people in their 20s showed 10% increase in regarding North Korea as the responsible party. People in their 30s and 40s still have a tendency not to believe the result of the investigation carried out by the combined military and civilian group. Third, the most prominent issue that arose aftermath of the Cheonan incident is the fact that political inclination and policy preference are influencing the scientific determination of the cause. In other words, scientific and logical approach is lacking in the process of determining the factual basis for the cause. This process is compromised by the inability of the parties concerned in sorting out what is objective and what is personal opinion. This confused state of affairs makes it difficult to carry on a healthy, productive debate. Fourth, rumors, propaganda, and disinformation generated by pro-North Korea Labor Party groups in the internet and SNS are causing considerable impact in forming the public opinion. Proposed Strategy 1. The administration can ascertain public trust by accurately determining the nature of the provocation based on accurate information in the early stages of the incident. 2. Education in scientific, logical, rational methodologyis needed at home, school, and workplace in order toenhance the people's ability to seek factual truths. 3. In secondary education, the values of freedom, human rights, democracy, and market economy must be reinforced. 4. It is necessary for the educational system to teach the facts of North Korea just as they are. 5. Fundamental strength of free democratic system must be reinforced. The conservative, mainstream powers must recognize the importance of self-sacrifice and societal duties. The progressive political parties must sever themselves from those groups that take instructions from North Korea's Labor Party. The progressives must pursue values that are based on fundamental human rights for all. 6. Korean unification led by South Korea is the genuine means to achieve peace in a nuclear-free Korean peninsula. The administration must recognize that this unification initiative is the beginning of the common peace and prosperity in the Far East Asia, and must actively pursue international cooperation in this regard.

Shipowner's Lost Profit and Its Claim resulted from Delay in Redelivery under Time Charter (정기용선계약에서 반선지연에 의한 선주의 상실수익과 손해배상청구)

  • Han, Nak-Hyun;Jung, Jun-Sik
    • Journal of Korea Port Economic Association
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    • v.23 no.3
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    • pp.29-51
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    • 2007
  • The purpose of this study aims to explore shipowner's lost profit and its claim resulted from delay in redelivery under time charter with the Achilleas case. In this case, the charterers submitted that there was an established prima facie measure of damages in cases of late delivery, namely the difference between the market rate and the charter-party rate for the period from the time when the vessel should have been delivered until the time of her actual redelivery. An award for lost profit in respect of a subsequent charter could only be made under the second limb because the charterers had not been told, at or before the making of the addendum, that the owners were going to enter into a subsequent fixture and that it was critical that redelivery take place on time. However, the owners said their losses that was a not unlikely consequence of the charterers' breach. There was no special rule that the first limb could only lead to damages calculated by taking the difference between the market and the charter-party rate for the overrun. To award damages in the Achilleas case on the basis of the difference between the market and the charter rate for the overrun would compensate the owners for only a fraction of the true loss caused by the breach.

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Business Models Proposal for Korean Open Source GIS Software Companies (국내 오픈소스 공간정보 소프트웨어 관련 기업의 비즈니스 모델 제안)

  • Son, Se-Rin;Kang, Youngok
    • Journal of Cadastre & Land InformatiX
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    • v.48 no.1
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    • pp.187-199
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    • 2018
  • The purpose of this study is to propose an open source GIS software business model for the revitalization of Korean open source GIS software industry. In this study, we categorized the types of open source software business models and developed an open source software business strategy suitable for GIS companies in Korea. To propose a business model, we applied the business model canvas which is often used in the area of business studies to analyze new business models. We tried to develop the open source GIS business model through both interviews and case studies with Korean open source GIS software companies. We propose three different types of open source GIS software business models such as distributor model, producer model, and 3rd party service provider model as follows: first, the companies which belong to distributor model can carry out business by providing professional services in the market of open source software. Second, the companies which belong to producer model can sell their products to the global market as well as the domestic market. Lastly, given the growing interest in domestic open source software, the number of third-party service providers is likely to continue to increase in the future. Therefore, it is expected that the companies which belong to the third party service provider model will be able to develop various business models by securing the technology.

Recognition and Enforcement of Foreign Arbitral Awards in Korea (한국에서의 외국중재판정의 승인과 집행)

  • Kim, Sang-Ho
    • Journal of Arbitration Studies
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    • v.17 no.3
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    • pp.3-30
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    • 2007
  • The New York Convention(formally called "United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards") done in New York on June 10, 1958 has been adhered to by more than 140 States at the time of this writing, including almost all important trading nations from the Capitalist and Socialist World as well as many developing countries. The Convention can be considered as the most important Convention in the field of arbitration and as the cornerstone of current international commercial arbitration. Korea has acceded to the New York Convention since 1973. When acceding to the Convention, Korea declared that it will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State on the basis of reciprocity. Also, Korea declared that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of Korea. The provisions relating to the enforcement of arbitral awards falling under the New York Convention begin at Article III. The Article III contains the general obligation for the Contracting States to recognize Convention awards as binding and to enforce them in accordance with their rules of procedure. The Convention requires a minimum of conditions to be fulfilled by the party seeking enforcement. According to Article IV(1), that party has only to supply (1) the duly authenticated original award or a duly certified copy thereof, and (2) the original arbitration agreement or a duly certified copy thereof. In fulfilling these conditions, the party seeking enforcement produces prima facie evidence entitling it to obtain enforcement of the award. It is then up to the other party to prove that enforcement should not be granted on the basis of the grounds for refusal of enforcement enumerated in the subsequent Article V(1). Grounds for refusal of enforcement are stipulated in Article V is divided into two parts. Firstly, listed in the first Para. of Article V are the grounds for refusal of enforcement which are to be asserted and proven by the respondent. Secondly, listed in Para. 2 of Article V, are the grounds on which a court may refuse enforcement on its own motion. These grounds are non-arbitrability of the subject matter and violation of the public policy of the enforcement country. The three main features of the grounds for refusal of enforcement of an award under Article V, which are almost unanimously affirmed by the courts, are the following. Firstly, The grounds for refusal of enforcement mentioned in Article V are exhaustive. No other grounds can be invoked. Secondly, and this feature follows from the first one, the court before which enforcement of the award is sought may not review the merits of the award because a mistake in fact or law by the arbitrators is not included in the list of grounds for refusal of enforcement set forth in Article V. Thirdly, the party against whom enforcement is sought has the burden of proving the existence of one or more of the grounds for refusal of enforcement. The grounds for refusal of enforcement by a court on its own motion, listed in the second Para. of Article V, are non-arbitrability of the subject matter and public policy of the enforcement country. From the court decisions reported so far at home and abroad, it appears that courts accept a violation of public policy in extreme cases only, and frequently justify their decision by distinguishing between domestic and international public policy. The Dec. 31, 1999 amendment to the Arbitration Act of Korea admits the basis for enforcement of foreign arbitral awards rendered under the New York Convention. In Korea, a holder of a foreign arbitral award is obliged to request from the court a judgment ordering enforcement of the award.

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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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From Patients and Caregivers 119 Rescue party's Experiences for Violence in the Pre-Hospital Emergency Medical Field (환자 및 보호자로부터 구급대원이 경험한 병원 전 응급의료현장 폭력실태)

  • Shin, Sang-Yol
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.10 no.12
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    • pp.3870-3878
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    • 2009
  • The purpose of this study was to investigate 119 rescue party's violence experiences and to analyze their responses of violence experiences based on the pre-hospital emergency medical field. Data were collected from the self-administered survey of 226 rescue party in Jeollabuk-do area in Korea from January 1 through March 2, 2009. The data were analyzed by descriptive statistics and logistic regression analysis using SPSS Win 12.0. The results were as follows: first, all of 119 rescue unit in the pre-hospital emergency medical field reported that they got violence experiences more than once a week, and 62% of rescue team were exposed to physical violence. Patient's factors that caused violence were drug abuse or alcohol(56.2%), on the other hand rescue party's factors were shortage of human resources. Second, 42% of the respondents replied that they did not have any educational experiences for prevention and coping methods about violence within 5 years. 77.4% of those surveyed indicated that they wanted to receive specific educations which can prevent and cope with violence. Third, the mean value of total violent response scores was 2.53, and emotional response score was 3.2, social response score was 2.22, and physical response score was 2.17. Fourth, violent response score related to general characteristics proposed that physical(t=-2.08, p=o.38), emotional(t=-7.13, p=.006), and total responses(t=-4.764, p=.000) were statistically significant. And emotional(t=4.257, p=.000) and total responses(t=8.1330, p=.000) related to age were also statistically significant. Finally, among current tenure qualification scores, social response(t=9.987, p=.012) and total score(t=8.130, p=.000) were statistically significant. Between fire departments, violent response score suggested that physical(t=9.987, p=.000), emotional(t=2.433, p=.012), social(t=6.738, p=.000), and total score(t=5.943, p=.000) were statistically significant.

A Study on the Issues and Improvement of the Existing Environmental Impact Assessment System - Evaluation in an operator Viewpoint - (현행 환경영향평가 제도의 문제점과 개선방안 - 실무자적 관점에서 검토 -)

  • Lee, Seung-Won;Kim, Jung-gun;Seo, Jung-Kuk
    • Journal of Environmental Science International
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    • v.27 no.5
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    • pp.281-289
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    • 2018
  • The Korean environmental impact assessment(EIA) system, and explored ways to improve it as a more efficient and viable institution relevant to the demand of our time and conditions in study. The first problem this study identified is found in the fact that the party to write up the assessment report is itself the business operator or the one who is planning to work out the business plan. This structure translates into placing an order with an agent for EIA report. The reporting job may br subcontracted to the agent at a cost far below the rate specified in the 'Standard for Estimate of Agency Fee for Environmental Impact Assessment.' This practice also causes the vicious circle of producing a report that is written to justify the project or business in question or it leads to rough-and ready and poor documentation to minimize the time required. Second, in order to achieve the goal of the plan or business, which is the target of EIA, the local residents tend to ve regarded as an obstacle. This means elimination of the local people from participating in the EIA or their opinion being frequently ignored. This is the seed of distrust and hostility that sometimes provoke disagreements or fierce conflicts. The first proposal to improve these problem is to improve the factors that cause poor documentation of the assessment report as well as improve the understanding of the EIA system. This study proposes the following measures for improvement. The agency cost for EIA should be paid by the business operator or a third party that can ensure faithful implementation of the payment. A system should be established to verify transparent estimation of the agency cost. In order to enhance the professional quality of EIA agents, there should be implementation of qualification test for industrial engineer of related engineers in addition to the current EIA Qualification Test. The second proposal for improvement is to improve the citizen participation process by instituting a legal framework to make clear the purpose of the briefing session for local residents, which is held as a procedure of EIA, and to ensure more positive publicity during the stage of listening to the opinion of the local community. For a smooth and rational communication process, a moderator and a communicator of opinion, as is the case in a public hearing, could be instituted to clearly get the purpose of the briefing session across to the residents and to help to carry out the explanation and Q & A sessions according to the categories of the opinion of the residents. At present, the notification of the public inspection of the draft of the assessment report and briefing session for the residents is made on the newspaper and internet network. But some people have difficulty with access to this method of announcement. A higher participation rate could be secured if a legal provision is added to specify putting up placards in specific places such as the entrance to the place for the briefing session for residents or the building of administrative agencies of the area concerned.

An Anonymous Fingerprinting Scheme with a Robust Asymmetry

  • Park, Jae-Gwi;Park, Ji-Hwan;Kouichi Sakurai
    • Journal of Korea Multimedia Society
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    • v.6 no.4
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    • pp.620-629
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    • 2003
  • Fingerprinting schemes are techniques applied to protect the copyright on digital goods. These enable the merchants to identify the source of illegal redistribution. Let us assume the following situations connectedly happen: As a beginning, buyer who bought digital goods illegally distributed it, next the merchant who found it revealed identity of the buyer/traitor, then the goods is illegally distributed again. After this, we describe it as“The second illegal redistribution”. In most of anonymous fingerprinting, upon finding a redistributed copy, a merchant extracts the buyer's secret information from the copy and identifies a traitor using it. Thus the merchant can know the traitor's secret information (digital fingerprints) after identification step. The problem of the second illegal distribution is that there is a possibility of the merchant's fraud and the buyer's abuse: that is a dishonest employee of the merchant might just as well have redistributed the copy as by the buyer, or the merchant as such may want to gain money by wrongly claiming that the buyer illegally distributed it once more. The buyer also can illegally redistribute the copy again. Thus if the copy turns up, one cannot really assign responsibility to one of them. In this paper, we suggest solution of this problem using two-level fingerprinting. As a result, our scheme protects the buyer and the merchant under any conditions in sense that (1) the merchant can obtain means to prove to a third party that the buyer redistributed the copy. (2) the buyer cannot worry about being branded with infamy as a traitor again later if he never distribute it.

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A Study on the Value Added Criterion of Rules of Origin under FTAs with the US and EU: Focusing on Automotive Sector

  • Chung, Jae-Wan;Han, Ki-Moon
    • Journal of Korea Trade
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    • v.23 no.6
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    • pp.1-13
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    • 2019
  • Purpose - This study deals with a strategic plan for meeting the value added criteria effectively, which is one of the methods of determining origin used in preferential trade such as FTA. Automobile products, one of the major Korean export items, were selected to give a practical use against the FTA requirements. Design/methodology - This study is based on the value-added criteria of the Korea-US and Korea-EU FTAs that apply various value-added criteria. The Korea-US FTA adopts the RVC method based on the integration, deduction and net cost methods, while the MC method is employed in the Korea-EU FTA. The methodology used in this work is an extended literature review, analysis of the value-added criteria applied to automobile products under Korea-US and Korea-EU FTA with some secondary statistics. Findings - Based on in - depth analysis of the value - added criteria requirements for automobile products stipulated in the Korea - US FTA and the Korea - EU FTA, two strategic considerations are suggested. First is 'appropriate value-added strategy' and the second is 'strategy of changing production and trade structure'. The second strategy is a bit used in Korea but this is not considered best if the first strategy is ignored or forgotten. The second one is meaningful when this becomes inevitable. Research limitations/implications - This study is primarily designed to assist Korean auto mobile industry players exporting to EU and USA but this may help to auto part or material producers in FTA counter party territories being EU or USA as the preferential tariffs are applied on a inter region basis. A further research other than auto mobiles using other major FTAs might be followed later. Originality/value - There has been so far little research on strategic factors to meet the value-added origin requirements. This study, therefore, is expected to contribute facilitating the decision of FTA origin and to improve the utilization of FTA by allowing exporting companies using value added criterion to more smoothly meet origin requirements. This will also enable the tax authorities to utilize the value-added criterion to validate effectively the origin of imports where preferential tariffs are applied.