• Title/Summary/Keyword: Violation

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A Breach of Medical Contract and Consolation Money (의료계약상 채무불이행과 위자료)

  • Bong, Youngjun
    • The Korean Society of Law and Medicine
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    • v.14 no.2
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    • pp.217-260
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    • 2013
  • In connection to the civil liability of the medical malpractice, plaintiff and courts are solving the medical disputes with theory of the liability based on tort law. because contract law does not enact the right of claim of solatium and a plaintiff's lawyer and courts hesitate to use contract law. Medical treatment of doctor is main debt in medical contract and its in-complete performance gives rise to the violations of human's life, body and health. Consequently a breach of medical contract leads to violations of person-al rights. These violations spring from liability of contract as well as tort and damages from them are recognized based on medical contract law. A duty of explanation of doctor is a independent and appendant debt to the treatment debt. However its breach provokes violations of human's life, body and health as well as a right self-determination. Therefore consolation money claim should be recognized. In case of the violation of patient's life, body and health, patient's family al-so can demand consolation money due to the violation of their's own mental pain. However in case of the violation of only patient's self-determination without informed concent, they can not demand it by reason of the violation of patient's self-determination. But by reason of the violation of patient's life, body and health that were recognized by proximate causal relation between violation of duty of explanation and abd execution, they can do.

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Real-time Lane Violation Detection System using Feature Tracking (특징점 추적을 이용한 실시간 끼어들기 위반차량 검지 시스템)

  • Lee, Hee-Sin;Jeong, Sung-Hwan;Lee, Joon-Whoan
    • The KIPS Transactions:PartB
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    • v.18B no.4
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    • pp.201-212
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    • 2011
  • In this paper, we suggest a system of detecting a vehicle with lane violation, which can detect the vehicle with lane violation, by using the feature point tracking. The whole algorism in the suggested system of detecting a vehicle with lane violation is composed of three stages such as feature extraction, register and tracking in feature for the tracking-targeted vehicle, and detecting a vehicle with lane violation. The feature is extracted from the morphological gradient image, which results in constructing robust detection system against shadows, weather conditions, head lights and illumination conditions without distinction day and night. The system shows excellent performance for the data captured at day time, night time, and rainy night time as much as 99.49% for positive recognition ratio and 0.51% for error ratio. Also the system is so fast as much as 91.34 frames per second in average that it may be possible for real-time processing.

The Effects of Psychological Contract Violation on OS User's Betrayal Behaviors: Window XP Technical Support Ending Case (심리적 계약 위반이 OS이용자의 배신 행동에 미치는 영향: 윈도우 XP 기술적 지원서비스 중단 사례)

  • Lee, Un-Kon
    • Asia pacific journal of information systems
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    • v.24 no.3
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    • pp.325-344
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    • 2014
  • Technical support of Window XP ended in March, 8, 2014, and it makes OS(Operating System) users fall in a state of confusion. Sudden decision making of OS upgrade and replacement is not a simple problem. Firms need to change the long term capacity plan in enterprise IS management, but they are pressed for time and cost to complete it. Individuals can not help selecting the second best plan, because the following OSs of Window XP are below expectations in performances, new PC sales as the opportunities of OS upgrade decrease, and the potential risk of OS technical support ending had not announced to OS users at the point of purchase. Microsoft as the OS vendors had not presented precaution or remedy for this confusion. Rather, Microsoft announced that the technical support of the other following OSs of Wndow XP such as Window 7 would ended in two years. This conflict between OS vendor and OS users could not happen in one time, but could recur in recent future. Although studies on the ways of OS user protection policy would be needed to escape from this conflict, few prior studies had conducted this issue. This study had challenge to cautiously investigate in such OS user's reactions as the confirmation with OS user's expectation in the point of purchase, three types of justice perception on the treatment of OS vendor, psychological contract violation, satisfaction and the other betrayal behavioral intention in the case of Window XP technical support ending. By adopting the justice perception on this research, and by empirically validating the impact on OS user's reactions, I could suggest the direction of establishing OS user protection policy of OS vendor. Based on the expectation-confirmation theory, the theory of justice, literatures about psychological contract violation, and studies about consumer betrayal behaviors in the perspective of Herzberg(1968)'s dual factor theory, I developed the research model and hypothesis. Expectation-confirmation theory explain that consumers had expectation on the performance of product in the point of sale, and they could satisfied with their purchase behaviors, when the expectation could have confirmed in the point of consumption. The theory of justice in social exchange argues that treatee could be willing to accept the treatment by treater when the three types of justice as distributive, procedural, and interactional justice could be established in treatment. Literatures about psychological contract violation in human behaviors explains that contracter in a side could have the implied contract (also called 'psychological contract') which the contracter in the other side would sincerely execute the contract, and that they are willing to do vengeance behaviors when their contract had unfairly been broken. When the psychological contract of consumers had been broken, consumers feel distrust with the vendors and are willing to decrease such beneficial attitude and behavior as satisfaction, loyalty and repurchase intention. At the same time, consumers feel betrayal and are willing to increase such retributive attitude and behavior as negative word-of-mouth, complain to the vendors, complain to the third parties for consumer protection. We conducted a scenario survey in order to validate our research model at March, 2013, when is the point of news released firstly and when is the point of one year before the acture Window XP technical support ending. We collected the valid data from 238 voluntary participants who are the OS users but had not yet exposed the news of Window OSs technical support ending schedule. The subject had been allocated into two groups and one of two groups had been exposed this news. The data had been analyzed by the MANOVA and PLS. MANOVA results indicate that the OSs technical support ending could significantly decrease all three types of justice perception. PLS results indicated that it could significantly increase psychological contract violation and that this increased psychological contract violation could significantly reduce the trust and increase the perceived betrayal. Then, it could significantly reduce satisfaction, loyalty, and repurchase intention, and it also could significantly increase negative word-of-month intention, complain to the vendor intention, and complain to the third party intention. All hypothesis had been significantly approved. Consequently, OS users feel that the OSs technical support ending is not natural value added service ending, but the violation of the core OS purchase contract, that it could be the posteriori prohibition of OS user's OS usage right, and that it could induce the psychological contract violation of OS users. This study would contributions to introduce the psychological contract violation of the OS users from the OSs technical support ending in IS field, to introduce three types of justice as the antecedents of psychological contract violation, and to empirically validate the impact of psychological contract violation both on the beneficial and retributive behavioral intentions of OS users. For practice, the results of this study could contribute to make more comprehensive OS user protection policy and consumer relationship management practices of OS vendor.

A Case Study of FTA Utilization on the Violation of Determining the Country of Origin (FTA 원산지결정기준 위반의 유형별 사례분석 및 대응방안)

  • Yun, Jun Ung;Lee, Chun Su
    • International Commerce and Information Review
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    • v.17 no.2
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    • pp.201-223
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    • 2015
  • Concerning post-verification which is after the application of FTA preferential tariffs, in cases such as Korea-EFTA and Korea-ASEAN, the growing trend of post-verifications was restricted and there was no active research concerning this; whereas with Korea-EU FTA which adopted indirect verification for post-verification, the demand for post-verification has been rising constantly each year; and for Korea-US FTA which has adopted direct verification, a new approach to post-verification research is needed as it began genuine post-verification regarding many national enterprises only after a year and a half since the agreement. This study will consider the counter measures that can be taken for post-verification, through case of studies on the factors influencing violation of determining the country of origin for export company regarding verification of FTA. Result of this case study regarding the determining a violation of origin, The main cause of the violation factors on the essential & general principles(goods wholly obtained, value added criteria) are lack of understanding agreement & manpower. but Violation of the parties to a transaction & the origin certification are lack of advanced preparation and effected violation of principle of good faith. Finally, In this study help countermeasures of export company through the Detailed analysis of the type & implications deriving from verification of origin.

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A Study on the Speeding Intention and Behaviors Based on a Driver Behavior Questionnaire (DBQ를 이용한 운전자의 과속의도와 행동에 관한 연구)

  • Lee, Chang Hee;Kum, Ki Jung
    • Journal of Korean Society of Transportation
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    • v.33 no.2
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    • pp.159-169
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    • 2015
  • Speeding has been the most common traffic violation which increases the risk of accidents. The purpose of this study is to examine drivers' behaviors on the speeding intention and speeding action and to identify the relationship between those causes and effects. Effects of behaviors and human characters of drivers on speeding are analyzed through a Driver Behavior Questionnaire and the cause and effect among behavior characters, speeding intention and speeding behavior are validated through the structural equation model. In order to validate the hypothesis of the study, a path analysis is conducted through structural equation model. As the result, Driver Behavior Questionnaire property that influences the speeding is revealed to be the violation while Driver Behavior Questionnaire properties that influences the speeding behavior are lapse, mistake, and violation. And the speeding intention influences the speeding behavior. The study results are compared with previous studies to reveal that Driver Behavior Questionnaire properties influencing the speeding behavior are in the order of violation, mistake and lapse. Three properties of Driver Behavior Questionnaire, lapse, mistake and violation, are behavior scales in agreement with previous studies. The results of this study based on a Driver Behavior Questionnaire are expected to be utilized as a way to predict and validate driving behaviors.

A Structural Model Analysis of Psychological Contract Breach, Psychological Contract Violation, and Employee Outcomes - A Case of Five Star Deluxe Hotel Employees - (인지된 계약위반, 경험된 계약위반과 직원의 조직행동 간의 구조적 관계에 관한 연구 - 특 1급 호텔 종사원을 중심으로 -)

  • Kim, Ji-Eun;Kwon, Yong-Ju
    • Culinary science and hospitality research
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    • v.19 no.4
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    • pp.56-76
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    • 2013
  • With a distinction made between contract breach and contract violation, this study develops a structural model that investigates whether each dimension of contract breach influences experience of a contract violation in the hotel industry. At the same time, the impact of such a violation on hotel employees' work outcomes has been studied. One hundred and seventy eight employees, who are employed in five star deluxe hotels participated in the study and a structural equation modeling(SEM) is employed. The result indicated that good working relationship, and training and development, a so called relational oriented breach, make positively significant impact on contract violation. Whereas, benefits and salary categorized as transactional oriented breach does not. Also, the suggested employee outcomes including high turnover intent, low job satisfaction, and person-organization fit have been influenced by contract violation. As a result, hotel practitioners need to clarify the contract items prior to employment and during employment and to prepare to react to unmet promises.

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A Study on Characteristics of Green Companies and Environment Rule Violation Companies (ISO14001인증 녹색기업과 환경위반 기업의 특성 연구)

  • Kim, In-Su;Chung, Bhum-Suk
    • Management & Information Systems Review
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    • v.32 no.5
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    • pp.157-174
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    • 2013
  • In this research I investigate different firm characteristics between environment-friendly companies which are awarded by the Government and companies which violate environmental regulations. I set up three hypotheses in terms of managers' environmental attitude and firms' characteristic in technical, financial and structural aspects, considering environmental experts' opinions and findings of previous papers. Main research findings are as follows. First, both acquisition of the ISO 14001 certificate and ownership structure are used as proxy of top management attitude towards environmental decision-making. It is hypothesized that it is found that the certificates of ISO 14001 is a good proxy to represent top management environmental attitude and a firm with the certificate would have less likelihood of violation. Second, it is hypothesized that technical ability affects violation tendency of environmental regulations. It is found that as R&D investment increases, violation likelihood of environmetal regulations decrease. It can be conjectured that R&D investment may improve technical abilities of observing environment regulations. Third, it is investigated whether a firm's financial capability affects violation tendency of environmental regulations. Fourth structural aspects of a firm such as capital intensity, the number of employees and export ratio are investigated. It is found that a firm with more employees per sale amount tends to violate environmental regulations. It is not found any effects of expert ratio nor capital intensity on violation tendency of environmental regulation.

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Linear Precedence in Morphosyntactic and Semantic Processes in Korean Sentential Processing as Revealed by Event-related Potential

  • Kim, Choong-Myung
    • International Journal of Contents
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    • v.10 no.4
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    • pp.30-37
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    • 2014
  • The current study was conducted to examine the temporal and spatial activation sequences related to morphosyntactic, semantic and orthographic-lexical sentences, focusing on the morphological-orthographic and lexical-semantic deviation processes in Korean language processing. The Event-related Potentials (ERPs) of 15 healthy students were adopted to explore the processing of head-final critical words in a sentential plausibility task. Specifically, it was examined whether the ERP-pattern to orthographic-lexical violation might show linear precedence over other processes, or the presence of additivity across combined processing components. For the morphosyntactic violation, fronto-central LAN followed by P600 was found, while semantic violation elicited N400, as expected. Activation of P600 was distributed in the left frontal and central sites, while N400 appeared even in frontal sites other than the centro-parietal areas. Most importantly, the orthographic-lexical violation process revealed by earlier N2 with fronto-central activity was shown to be complexes of morphological and semantic functions from the same critical word. The present study suggests that there is a linear precedence over the morphological deviation and its lexical semantic processing based on the immediate possibility of lexical information, followed by sentential semantics. Finally, late syntactic integration processes were completed, showing different topographic activation in order of importance of ongoing sentential information.

Bit Synchronization Using Violation Bit Detection in 13.56MHz RFID PJM Tag (바이올레이션 비트 검출을 통한 13.56MHz RFID PJM 태그의 비트 동기화 기법)

  • Youn, Jae-Hyuk;Yang, Hoon-Gee
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.17 no.2
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    • pp.481-487
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    • 2013
  • To successfully accomplish a bit synchronization, a synchronizer should exploit a preamble pattern. A MFM (modified frequency modulation) flag is uses as a preamble in a PJM (phase jitter modulation) mode RFID standard. In the recent work, a synchronizer for a PJM mode tag was proposed, which is composed of several correlators. In this paper, we present a new bit synchronizer in which a coarse synchronization is done as in the previous work while a fine synchronization is performed via exploiting a violation bit included in the MFM flag. We show that the proposed synchronizer can significantly reduce the overall hardware complexity at the expense of slight burden to a demodulator structure. Through simulation, we also show that its performance is comparable to that of the previous system despite its hardware simplicity.

Efficient Test Wrapper Design in SoC (SoC 내의 효율적인 Test Wrapper 설계)

  • Jung, Jun-Mo
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.10 no.6
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    • pp.1191-1195
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    • 2009
  • We present the efficient test wrapper design methodology considering the layout distance of scan chain. To test the scan chains in SoC, the scan chains must be assigned to external TAM(Test Access Mechanism) lines. The scan chains in IP were placed and routed without any timing violation at normal mode. However, in test mode, the scan chains have the additional layout distance after TAM line assignment, which can cause the timing violation of flip-flops in scan chains. This paper proposes a new test wrapper design considering layout distance of scan chains with timing violation free.