• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.129-150
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• 2003

Software license agreements, to be useful in the mass market, could not be individually negotiated, and had to be standardized and concise. The software license agreement needs to be presented to the licensee-users in a fashion that would allow for mass distribution of software, also for it to enforceable, that would draw the users' attention to the terms and conditions under which the publisher allowed the use of the software. These needs have been accomplished, with or without fail, through so called the "shrink-wrap licenses" Shrink-wrap licenses purpose to transfer computer softwares to their users by defining the terms and conditions of use of the software without implicating the "first sale doctrine" of the Copyright Act. These shrink-wrap licenses have become essential to the software industry. However, in USA, the law applicable to these licenses has been unclear and unsettled. Courts have struggled to develop a coherent framework governing their enforceability. Meanwhile, the National Conference of Commissioners on Uniform State Laws ("NCCUSL") in USA promulgated the Uniform Computer Information Transaction Act ("UCITA") governing contracts for computer information transaction on July 29, 1999. One clear objective of UCITA was to settle the law governing the enforceability of shrink-wrap licenses. In these respects, this paper first introduces the various forms that shrink-wrap licenses take(at Part II. Section 1.), and explains the main advantages of them(at Part II. Section 2.) Here it shows how shrink-wrap licenses value themselves for both software publishers and users, including that shrink-wrap licenses are a valuable contracting tool because they provide vital information and rights to software users and because they permit the contracting flexibility that is essential for today's software products. Next, this paper describes the current legal framework applicable to shrink-wrap licenses in USA(at Part III). Here it shows that in USA the development of case law governing shrink-wrap licenses occurred in two distinct stages. At first stage, judicial hostility toward shrink-wrap licenses marked such that they were not enforced pursuant to Article 2 of the Uniform Commercial Code. At second stage, courts began to recognize the pervasiveness of shrink-wrap licenses, their indispensability to the rapidly expanding information technology industry, and the urgent need to enforce such licenses in order to maintain low prices for consumers of computer hardware or software, resulting in the recognition of shrink-wrap licenses. Finally, in view of the importance of UCITA, this paper examines how it will affect the enforceability of shrink-wrap licenses(at Part IV). The drafters of UCITA, as well as the scholars and practitioners who have criticized it, agree that it validates shrink-wrap licenses, provided certain procedural protections are afforded to purchasers. These procedural protections include the licensee end-user must (i) manifest his assent to the shrink-wrap license, (ii) have an opportunity to review the shrink-wrap license, (iii) have a right to return the product without costs.

• KDI Journal of Economic Policy
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• v.30 no.2
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• pp.61-97
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• 2008

This paper aims at analyzing the practice of job rotation in the Korean government and putting forward policy suggestions. The Korean government is often accused of low capacity and weak competitiveness, which mainly result from the low expertise of public officials. Considering the high quality of human resources flowing into the public sector in Korea, solutions should be found from the structure of the system. This paper regards frequent position changes due to excessive job rotation as a key factor undermining the accumulation of expertise and conducts in-depth analyses. The current practice of frequent rotation shows that the average tenure period of government officials at director level and above is only about one year, far shorter than those in major developed countries, which causes many problems such as low efficiency, lack of accountability and policy consistency, and low opportunity for accumulating expertise. Simple models are set up to analyze job rotation and other alternative personnel management systems. Analyses find that it would be desirable to have each individual experience various positions during the initial rotation period to find his/her own aptitude, and then accumulate expertise by settling in at a certain specialized field for a prolonged period of time based on the revealed aptitude in mid and high positions. This turns out to be in line with the structure of the Career Development Program which is being introduced. The model-based analysis of this paper distinguishes this study from preceding ones conducted in the traditional framework of personnel management study. Practical measures to mitigate the problems of frequent job rotation include rotating within the area of specialty, narrowing the scope of transfer, and reinforcing the minimum tenure period. However, since the current frequent rotation is fundamentally attributable to the rank system based on seniority, the present civil service classification system needs to be converted into a position classification system in the long run.

• Journal of vocational education research
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• v.35 no.6
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• pp.85-112
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• 2016

This study aims to identify the cooperative relations among researchers and their network structures based on the academic papers published in the field of lifelong vocational education and training from 2000 to 2015. Authors in three representative journals, 'Journal of Lifelong Education', 'Journal of Vocational Education Research', and 'Korea Research Institute for Vocational Education & Training,' during the periods, were selected and co-authorship network analysis was applied using NetMiner 4.0 in order to find the social relation among researchers and their academic influences. The results showed that the research productivity in the field of lifelong vocational education and training forms a shape of the power function where there exist components called, 'detailed research groups.' This network structure represents characteristics of a small world. In addition, the centrality analysis suggest authors with high centrality serve as co-authors who play as a central role on the network and exchange information with other researchers, while those with high betweenness centrality serve as a channel where they transfer knowledge and information among research groups. Increasing member of co-authorship has positively contributed to the opportunity and development of cooperative research among researchers in the field of lifelong vocational education and training. However it is recommended co-authorship be formed more heterogeneously instead of a few researches centrally dominate co-authorship. Various researchers should continually conduct research for good research performances.

• Journal of the Korean Society of Environmental Restoration Technology
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• v.22 no.1
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• pp.13-31
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• 2019

Green spaces are recognised for the benefits. They bring to the quality of people's lives. However, since the 1980s there has been a general increase in poorly-managed green spaces. In an attempt to address this issue, green space policy has changed its focus on green space management through the gradual introduction of green space evaluation tools, such as the Green Flag Award (GFA). The GFA, as an established green space evaluation tool in the UK, reflects a shift in policy drivers of green spaces management. However, there is a lack of research investigating the contextualisation between a wide range of policy contexts and such green space evaluation tools (the GFA in this study). The aims of this study are therefore to explore the development of green space evaluation since the late 1990s, with respect to the growth of the GFA and its impact on other evaluation tools across the UK and several countries. To address the aims, this study employs in-depth literature reviews on UK green space policy mainly conducted by government. In addition, case studies are presented, focusing on the GFA and independent green space evaluation tools intrinsically derived from the GFA in the UK's cities and Nordic countries. Results show that based on the awareness of the severity of declining standards of green spaces, newly emerging policy arrangements have been adopted to address negative issues, which affect the standard of green spaces such as the transfer of responsibility for green space management, the implementation of Compulsory Competitive Tendering and ongoing budget cuts. Significantly, the GFA's indicators reflect the emerging changes of economic and social contexts associated with green spaces management where, in particular, the prospect of continuous budget cuts, which encourages communities to become involved in green space management. The GFA has widely contributed to leading such UK's cities and other countries to be able to create their independent green space evaluation tools in different approaches based on stakeholders' (mainly community) involvement in the decision-making process of green space evaluation. In conclusion, this study implies that successful green space evaluation tools do embody the value of green spaces and address drivers of emerging green space management with correspondence to the context of policy arrangements. Importantly, stakeholders have an opportunity to be involved in a partnership in the decision-making process through some green space evaluation tools. It is hoped that for well-managed green spaces this study will contribute valuable knowledge to our existing understanding of green space management in an era of austerity.

• Journal of Embryo Transfer
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• v.30 no.3
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• pp.149-159
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• 2015

This study was designed to know the possibility in repeat uses of elite donor cows for getting mass production of OPU-derived embryo production (OPU-IVP). Ultrasound transvaginal ovum pick-up (OPU) performed in 6 Korean native cows was aged 4 to 10 years old. The aspiration of immature oocytes for OPU derived embryo was carried out 2 times per week, and OPU-IVP of $1^{st}$ period was carried out 22~48 sessions from each donors. And the break time for OPU-IVP of $2^{nd}$ period after $1^{st}$ OPU from each donors were 2~25 months. The OPU-IVP of $2^{nd}$ period each donors conducted total 15~65 times for 2~8 months by an ultrasonographic, was guided follicular aspiration system. The average numbers of collected oocytes, grade 1 + grade 2(G1+G2) oocytes and cleavage embryo from $1^{st}$ period OPU-IVP were significantly differences between donors (p<0.05). Total collected oocytes of donor D were significantly higher compared with donors of A, B, C, E and F (average 17.0 per session vs. 11.2, 10.1, 8.5, 10.2 and 9.6; p<0.05) and also oocytes of G1+G2 were significantly higher compared with r A and D and subsequently to donors of B, C, E and F (average 7.9 and 8.5 per session vs. 5.0, 2.7, 6.0 and 1.6; p<0.05). Cleavage rate of donor D was significantly higher compared with donors of A, B, C, E and F (average 13.1 per session vs. 10.1, 9.1, 6.9, 8.9 and 6.7; p<0.05). The average numbers of OPU-IVP for $1^{st}$ period was significantly higher from donors of B, D and E than those from donors of A, C and F (average 6.5, 7.1 and 6.5 per session vs. 3.5, 4.2 and 2.8; p<0.05). The possibility investigation of $2^{nd}$ OPU-IVP was carried out after 2~25 months rest periods from $1^{st}$ period OPU session. Total average numbers of collected oocytes, cleavages and blastocyst development rates were significantly higher from $1^{st}$ period OPU compared with $2^{nd}$ period one (p<0.05). The OPU-IVP efficiency by break for more embryo production from elite cow was analysis comparing without rest of donor A, under 6 months rest period as B and over 6 months rest period as C and then the average numbers of collected oocytes, cleavages and blastocysts were significantly higher from A group (11.8, 9.5 and 5.2 per session) than those from B and C groups (7.9, 6.2 and 2.6 vs. 9.2, 7.5 and 3.9, p<0.05), and also C group was significantly higher than B group. In conclusion, $1^{st}$ period OPU-IVP was more efficient compared with $2^{nd}$ period repeated uses of donor, and the break times for additional production of embryo on donor were needed more than over 6 months after $1^{st}$ period OPU-IVP. This repeating uses of elite donor cows given more emphasis for getting the opportunity on mass production of elite cow OPU-IVP embryo should be increased G1+G2 possibility of genetic improvement of livestock within short period.

• The Korean Journal of Nuclear Medicine Technology
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• v.13 no.3
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• pp.31-42
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• 2009

Purpose: As the number of domestic medical institutions installing PET/CT is increasing rapidly, the transfer of PET/CT images among medical institutions is also increasing. Thus, it is necessary to collect the comparative SUV data from several medical institutions' PET/CT systems through a phantom study which semi-quantitatively compares the SUV on one bed, the change scale of the SUV on the slices, and the time of measuring. The phantom study to find differences among the SUVs from various PET/CT offers the opportunity to obtain the reliability of the SUV in PET/CT images. Materials and Methods: Ten PET/CT systems from medical institutions in Korea were used. To obtain the accurate data, the study has been using the radiation detector of Korea Research Institute of Standards and Science to verify. The internal structures of NEMA $phantom^{TM}$ were removed and Six thousand milliliters of distilled water which has 1mCi of $^{18}F$-FDG put into the phantom. The water was properly integrated with $^{18}F$-FDG using magnetic stirrer. The images were acquired at 60, 70, 80, 90, 100, 110 and 120-minutes for 3 minute each. Two hundred square centimeters of region of interests were placed and analyzed. To confirm the usefulness, the correction-table came out from patients' data. Results: The coefficient of variability of the SUV from -11.0 to 9.90 % fell into the range of international standards(${\pm}10%$) along with the SUV on a bed, the change scale of the SUV on the slices, and the time of measuring, except one PET/CT system. Using the data of the differences among the SUVs, we came to withdraw the correction-table ranging from 0.803 to 1.246. The correction-table was confirmed its usefulness through Linear Regression Analysis which was applied to normal cases. Conclusions: Although studies have been made on the variation of the SUV, there is little attention on the standardization of the SUV. Based on this study of the quantitatively comparable data about the SUV accommodating the correction-table, it would help to have more corrective diagnosis.

• The Journal of Information Technology
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• v.1 no.2
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• pp.81-102
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• 1998

It is common description that modern society is In the era of limitless competition. In order to challenge the change of economy and its management at home and abroad, organization should be changed anew, and in this case, there accompanies conflict or trouble whether the subject of change wants it or not. Therefore, according to change, we should concern with settlement of small troubles as well as big ones, and by managing the conflict or trouble productively and originally, it should be utilized as new fatality and chance to develop something in organization. In the system organized by people, there exist various conflicts in accordance with the target and want of the system, therefore giving no freedom to each Individual member of the system, and this is an unavoidable tate in consideration of the modem society where the survival of mankind and human systems should be guaranteed. Therefore, it determines the coordinates of success of any of organizations to manage conflict or trouble well, and so, when decreasing or increasing conflicts so that the organization exerts its full influence, it is note worthy that conflict itself should be rationally and efficiently managed. In a view point of the theory of organization and its behavior, relating job satisfaction with the performance and validity of organization, the influence of individual conflict is so great on the rate of job transfer within an organization or nonattendance, even on the productivity of the organization. So, the manager to cope with conflict within an organization should devise following three plans to manage conflict for job satisfaction and conflict settlement. In conclusion, it is suggested that in order to manage conflict within an organization well, some plans to control conflict should be well utilized while giving more efforts to improving management of individual conflict, job satisfaction, validity of organization, productivity, etc and all the members of organization should remember that the Issue of conflict within an organization be recognized ad an opportunity of new development and a way to settle a trouble within an organization, and a direction of conflict management should be suggested so that new innovation ca be created.

• Knowledge Management Research
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• v.17 no.2
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• pp.131-163
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• 2016

The purpose of this study is to empirically analyze how social comparative learning of forum participants affects learning effects with an emphasis on participants' characteristics. As today's society is changing at a fast pace, the desire for new knowledge and information has grown accordingly. To quench this thirst for knowledge and information, seminars, symposiums, conferences, forums, conventions, exhibitions, and more are taking place as part of knowledge sharing events across the world. Also, the increased need for knowledge and information exchange has led the development and growth of the convention industry and Meetings, Incentives, Conferences, and Events (Exhibitions)(MICE) industry. Especially, forum is a type of event which invites professionals and specialists to discuss diverse topics and share their knowledge and experience with the audience. The participants utilize it as an opportunity to get close to information providers and enjoy the pleasure of knowledge exchange. However, there have been few empirical analyses on who the participants are, why they attend forum, how they pick up and learn new information and knowledge, and what kinds of learning effects they achieve after the event. This paper is to analyze how social comparative learning of the forum's participants influences learning effects based on Albert Bandura's Social Learning Theory (1977, 1997, 1982. 2001) and Leon Festinger's Social Comparative Theory (1950, 1954). By dividing the participants into two groups, one with high level of self-efficacy and the other with low level of self-efficacy, we have examined the differences in learning effects between the two groups using them as moderating variables. This study was conducted in 'MBN Y Forum 2016,' which is one of the most representative knowledge exchange forums of South Korea. An online survey was distributed out and, 1,307(39.2%) out of the total participants of 3,338 have completed the survey. The survey included questions about whether the participants have gained positive or negative motivations by comparing themselves to the speakers (upward comparison learning) and other participants (lateral comparison learning). The results have shown the quality of messages that the speakers are presenting as knowledge providers is the most significant factor that acts on learning effects. Particularly, the participants had higher levels of self-efficacy and self-esteem than average people. They had a clear goal to learn from the speakers (upward comparison) and received positive motivations from them. In other words, no negative learning effects had been found. This presents a managerial implication that having a qualified speaker is necessary for a forum to be successful. On the other hand, the results from the comparison with the other participants (lateral comparison) were different. The participants were likely to compare themselves to the other participants through observational learning. They could compare listening attitudes, language skills, or capabilities to ask a question. The results have showed the participants received positive motivations from the lateral group but at the same time were jealous of abilities of the others. When the quality of a question by a participant is not good enough, it can have a negative influence on the participants' learning effects. The first group with high levels of self-efficacy and self-esteem had no correlation to negative learning effects from the speakers. They rather had a strong desire to learn from the speakers. On the contrary, the participants perceived the lateral group as a learning subset and competitor. The second group with low levels of self-efficacy and self-esteem saw the quasi-group as a rival. This presents that the individual learning effects can be different depending on the participants' characteristics.

• Journal of Arbitration Studies
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• v.17 no.2
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• pp.167-187
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• 2007

As Korea has reached a free trade agreement with the United States of America, it is required to provide an appropriate procedure to ".kr" domain name disputes based on the principles established in the Uniform Domain Name Dispute Resolution Policy(UDRP). Currently, Internet address Dispute Resolution Committee(IDRC) established under Article 16 of the Act on Internet Address Resources provides the dispute resolution proceedings to resolve ".kr" domain name disputes. While the IDRC's proceeding is similar to the UDRP administrative proceeding in procedural aspects, the Domain Name Dispute Mediation Policy that is established by the IDRC and that applies to disputes involving ".kr" domain names is very different from the UDRP for generic Top Level Domain (gTLD) in substantial aspects. Under the Korea-U.S. Free Trade Agreement(KORUS FTA), it is expected that either the Domain Name Dispute Mediation Policy to be amended to adopt the UDRP or the IDRC to examine the Domain Name Dispute Mediation Policy in order to harmonize it with the principles established in the UDRP. It is a common practice of cybersquatters to warehouse a number of domain names without any active use of these domain names after their registration. The Domain Name Dispute Mediation Policy provides that the complainant may request to transfer or delete the registration of the disputed domain name if the registrant registered, holds or uses the disputed domain name in bad faith. This provision lifts the complainant's burden of proof to show the respondent's bad faith because the complainant is only required to prove one of the three bad faiths which are registration in bad faith, holding in bad faith, or use in bad faith. The aforementioned resolution procedure is different from the UDRP regime which requires the complainant, in compliance with paragraph 4(b) of the UDRP, to prove that the disputed domain name has been registered in bad faith and is being used in bad faith. Therefore, the complainant carries heavy burden of proof under the UDRP. The IDRC should deny the complaint if the respondent has legitimate rights or interests in the domain names. Under the UDRP, the complainant must show that the respondent has no rights or legitimate interests in the disputed domain name. The UDRP sets out three illustrative circumstances, any one of which if proved by the respondent, shall be evidence of the respondent's rights to or legitimate interests in the domain name. As the Domain Name Dispute Mediation Policy provides only a general provision regarding the respondent's legitimate rights or interests, the respondent can be placed in a very week foundation to be protected under the Policy. It is therefore recommended for the IDRC to adopt the three UDRP circumstances to guide how the respondent can demonstrate his/her legitimate rights or interests in the disputed domain name. In accordance with the KORUS FTA, the Korean Government is required to provide online publication to a reliable and accurate database of contact information concerning domain name registrants. Cybersquatters often provide inaccurate contact information or willfully conceal their identity to avoid objection by trademark owners. It may cause unnecessary and unwarranted delay of the administrative proceedings. The respondent may loss the opportunity to assert his/her rights or legitimate interests in the domain name due to inability to submit the response effectively and timely. The respondent could breach a registration agreement with a registrar which requires the registrant to submit and update accurate contact information. The respondent who is reluctant to disclose his/her contact information on the Internet citing for privacy rights and protection. This is however debatable as the respondent may use the proxy registration service provided by the registrar to protect the respondent's privacy.

• 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.