• Journal of Arbitration Studies
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• v.14 no.1
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• pp.273-314
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• 2004

There is a belief in the construction industry that the traditional court system may not be an ideal forum to effectively and efficiently resolve construction disputes due to the protracted proceedings and the three tier appeal system resulting in a long delay in the final and conclusive settlement of the dispute, relatively high costs involved, the lack of requisite knowledge and experience in the relevant industry, etc. Hence, they assert that certain alternative dispute resolution ('ADR') methods, such as mediation, conciliation, arbitration or a new system for dispute settlement in the form of any combination thereof should be developed and employed for construction disputes so as to resolve them more promptly and efficiently to the satisfaction of all the disputants concerned. This paper discusses certain merits of such assertions and the need for additional considerations for effective resolution of the construction disputes in light of the complexity of the case, importance of expert witnesses, parties' relationship and non-level playing field of the construction industry and so on. At the same time, however, given the inherent nature of disputes rendering the parties involved in an adversarial position, it would rather be difficult, if not practically impossible, to satisfy all the parties concerned in the dispute. Accordingly, in this study, it is also purported to address the demerits of such assertions by studying the situation from a more balanced perspective, in particular, in relation to the operation of such ADRs. In fact, most of such ADRs as stipulated by special acts, such as the Construction Industry Basic Act of Korea, in the form of mediation or conciliation, have failed to get support from the industry, and as a result, such ADRs are seldom used in practice. Tn contrast, the court system has been greatly improved by implementing a new concentrated review system and establishing several tribunals designed to specialize in the review and resolution of specific types of disputes, including the construction disputes. These improvements of the court system have been warmly received by the industry. Arbitration is another forum for settlement of construction disputes, which has grown and is expected to grow as the most effective ADR with the support from the construction industry. In this regard, the Korean Commercial Arbitration Board ('KCAB') has established a set of internal rules end procedures in operation to efficiently handle construction disputes. Considering the foregoing, this paper addresses the most important elements of the arbitration, i.e., arbitration agreement and arbitral award, primarily focusing on the domestic arbitrations before the KCAB. However, since this parer is prepared for presentation at the construction disputes seminar for the public audience, it is not intended for academic purposes, nor does it delve into any specific acadcmic issues. Likewise, although this paper addresses certain controversial issues by way of introduction, it mainly purports to facilitate the understanding of the general public, including the prospective arbitrators on the KCAB roster without the relevant legal education and background, concerning the importance of the integrity of the arbitration agreement and the arbitral award. In sum, what is purported in this study is simply to note that there are still many outstanding issues with mediation, conciliation and arbitration, as a matter of system, institutional operation or otherwise, for further study and consideration so as to enhance them as effective means for settlement of construction disputes, in replacement of or in conjunction with the court proceeding. For this purpose, it is essential for all the relevant parties, including lawyers, engineers, owners, contractors and social activists aiming to protect consumers' and subcontractors' interests, to conduct joint efforts to study the complicated nature of construction works and to develop effective means for examination and handling of the disputes of a technical nature, including the accumulation of the relevant industrial data. Based on the foregoing, the parties may be in a better position to select the appropriate dispute resolution mechanism, a court proceeding or in its stead, an effective ADR, considering the relevant factors of the subject construction works or the contract structure, such as the bargaining position of the parties, their financial status, confidentiality requirements, technical or commercial complexity of the case at hand, urgency for settlements, etc.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.47-85
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• 1989

The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.

• The Journal of Small Business Innovation
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• v.20 no.1
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• pp.1-18
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• 2017

This study examined whether divided and spun-off companies design and execute spin-offs to minimize tax burdens by analyzing multiple spin-off transactions in the Dongbu Group, when the Korean tax law regarding corporate restructuring was amended in July 2010. Before the July 2010 tax amendment, taxes on the capital gains arising from the qualifying spin-off were deferred to the earlier of the shares in or assets acquired by the spun-off company are disposed. This tax treatment relieves the divided company's tax burden by deferring taxes on capital gains, compared with non-qualifying spin-offs. However, if shares in or assets acquired by the spun-off company are disposed after the July 2010 tax amendment, the capital gain incurred at the time of the qualifying spin-off would be taxed again at the spun-off company, in addition to a taxation on the divided company's capital gains. This creates double taxation implications for the parties involved in the spin-off. As a result, the double taxation may outweigh the benefit from the tax deferral on the qualifying spin-off, which may make a qualifying spin-off tax unfavorable. Among the four spin-off cases in the Dongbu Group addressed in this study, a spin-off occurred before the tax amendment, whereas three spin-offs occurred after the tax amendment. Initially, we expected that the spin-off before the tax amendment would be a qualifying spin-off, and the other three spin-offs would be non-qualifying spin-offs, considering the taxation rules before and after the July 2010 tax amendment. However, based on the review of summarized balance sheets disclosed in the spin-offs' corporate filings, no capital gains arose during the four spin-offs that occurred in the Dongbu Group. Therefore, we concluded that the Dongbu Group considered non-tax factors more than tax factors while designing and executing the spin-offs. The local media posited during this period that these spin-offs may intend to resolve financial issues in the Dongbu Group, and this analysis was supported by the fact that some shares in the new spun-off companies were sold by the Dongbu Group. Our case studies provide evidence that all costs, including both tax and non-tax costs, must be considered in the course of spin-offs, in addition to the tax burdens on all parties involved in the corporate restructuring, which parallels the work of Scholes et al. (2008). This study provides implications that various aspects should be considered and reviewed in advance when the management makes decisions for effective tax planning.

• Korean Security Journal
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• no.28
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• pp.33-56
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• 2011

This study is to practice a analysis of Q-methodological preference degree about the subjects on school curriculum centering around the views of the policemen in active service who are with Gwang Ju and Jeon Nam region. Concretely, this study mixed the subjects on school curriculum related to the police administration of universities located in Gwang Ju and Jeon Nam region and abstracted the twenty seven items as the final question point. Above this, this study integrated the similar or repeated subjects and drew up the question items through seperation process among the different subjects. After this, this study selected the twenty policemen as a first P-sample in active service presently on fourth month in the year 2011. In this process, this study eliminated the materials of six policemen who replyed unhonestly and selected the materials of ten-four policemen as a final effective sample. Furthermore, this study applicated a principal component analysis. This study practiced the I.II.III types of a preference degree analysis of the subjects related to the police administration. the concrete results are as follows: In a I type, the positive consent was showed in the subjects of criminal law, criminal procedure law, criminal speciality law and so on. In a II type, the positive consent was showed in criminal investigation science, emergency measure, the art of self-defence, criminal law, criminal procedure law and so on. In a III type, the positive consent was showed in criminal science, criminal investigation science, criminal procedure law, introduction to police science, police ethics and so on. On this basis, this study concluded the following common opinions. Firstly the actual and evidencial subjects which the policemen in active service feel as the commons were criminal investigation, criminal science, police ethics, criminal speciality law, criminal law business, police administration science, police law practice, emergency measure, the art of self-defence, general rules of civil law, administrative law and so on.

• Journal of Science and Technology Studies
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• v.19 no.3
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• pp.247-289
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• 2019

By examining the experiences of three social economy organizations who participated in the social problem-solving R&D projects, we discuss the conditions which may encourage the participation of civil society in national R&D programs in South Korea. By calling for the inclusion of social economy organizations along with the living-lab, the social problem-solving R&D projects introduced a new type of civic participation in the national R&D programs. It is the requirement in the RFP of the social problem-solving R&D which led PIs to inviting social economy organizations into their projects. But the invites occurred rather abruptly and accidently without adequate mutual understanding between scientific experts and social economy organizations. While helping social economy organizations participate in R&D processes, this form of institutional arrangement also led them into a position in subordination to scientific experts. Social economy organizations were supposed to coordinate the living lab in the social problem-solving R&D projects which they felt familiar as an extension of what they have been doing. In contrast, they felt administrative work such as accounts following complicate administrative rules as the most unfamiliar challenge. The difference in their emphases between scientific experts and social economy organizations was also evident. Social economy organizations viewed that, while they and ordinary people are primarily interested in a practical use of the developed products or services, scientific experts tend to focus on research and development. Not only did such difference produce a friction in the R&D processes but also it had social economy organizations view the R&D projects they participated in as unsuccessful. Nevertheless, all these experiences provided a great opportunity for the social economy organizations for learning and growing as a new actor in the national R&D.

• Journal of Arbitration Studies
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• v.29 no.2
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• pp.239-282
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• 2019

The importance of ADR(Alternative Dispute Resolution), which has the advantage of expertise, speed and neutrality due to the increase of arbitration cases due to domestic and foreign construction disputes, has emerged. Therefore, in order for the nation's arbitration system and the arbitration Organization to jump into the ranks of advanced international mediators, it is necessary to research the characteristics and advantages of these arbitration Organization through a study of prior domestic and foreign research and operation of international arbitration Organization. As a problem, First, education for the efficient promotion of arbitrators (compulsory education, maintenance education, specialized education, seminars, etc.). second, The effectiveness of arbitration in resolving construction disputes (hearing methods, composition of the tribunal, and speed). third, The issue of flexibility and diversity of arbitration solutions (the real problem of methodologies such as mediation and arbitration) needs to be drawn on the Arbitration laws and practical problems, such as laws, rules and guidelines. Therefore, Identify the problems presented in the preceding literature and diagnosis of the defects and problems of the KCAB by drawing features and benefits from the arbitration system operated by the international arbitration Institution. As an improvement, the results of an empirical analysis are derived for "arbitrator" simultaneously through a recognition survey. As a method of improvement, First, as an optimal combination of arbitration hearing and judgment in the settlement of construction disputes,(to improve speed). (1) A plan to improve the composition of the audit department according to the complexity, specificity, and magnification of the arbitration cases - (1)Methods to cope with the increased role of the non-lawyer(Specialist, technical expert). (2)Securing technical mediators for each specialized expert according to the large and special corporation arbitration cases. (2) Improving the method of writing by area of the arbitration guidelines, second, Introduction of the intensive hearing system for psychological efficiency and the institutional improvement plan (1) Problems of optimizing the arbitration decision hearing procedure and resolution of arbitration, and (2) Problems of the management of technical arbitrators of arbitration tribunals. (1)A plan to expand hearing work of technical arbitrator(Review on the introduction of the Assistant System as a member of the arbitration tribunals). (2)Improved use of alternative appraisers by tribunals(cost analysis and utilization of the specialized institution for calculating construction costs), Direct management of technical arbitrators : A Study on the Improvement of the Assessment Reliability of the Appraisal and the Appraisal Period. third, Improvement of expert committee system and new method, (1) Creating a non-executive technical committee : Special technology affairs, etc.(Major, supports pre-qualification of special events and coordinating work between parties). (2) Expanding the standing committee.(Added expert technicians : important, special, large affairs / pre-consultations, pre-coordination and mediation-arbitration). This has been shown to be an improvement. In addition, institutional differentiation to enhance the flexibility and diversity of arbitration. In addition, as an institutional differentiation to enhance the flexibility and diversity of arbitration, First, The options for "Med-Arb", "Arb-Med" and "Arb-Med-Arb" are selected. second, By revising the Agreement Act [Article 28, 2 (Agreement on Dispute Resolution)], which is to be amended by the National Parties, the revision of the arbitration settlement clause under the Act, to expand the method to resolve arbitration. third, 2017.6.28. Measures to strengthen the status role and activities of expert technical arbitrators under enforcement, such as the Act on Promotion of Interestments Industry and the Information of Enforcement Decree. Fourth, a measure to increase the role of expert technical Arbitrators by enacting laws on the promotion of the arbitration industry is needed. Especially, the establishment of the Act on Promotion of Intermediation Industry should be established as an international arbitration agency for the arbitration system. Therefore, it proposes a study of improvement and differentiation measures in the details and a policy, legal and institutional improvement and legislation.

• Journal of Intelligence and Information Systems
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• v.25 no.1
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• pp.139-161
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• 2019

The utilization of the e-commerce market has become a common life style in today. It has become important part to know where and how to make reasonable purchases of good quality products for customers. This change in purchase psychology tends to make it difficult for customers to make purchasing decisions in vast amounts of information. In this case, the recommendation system has the effect of reducing the cost of information retrieval and improving the satisfaction by analyzing the purchasing behavior of the customer. Amazon and Netflix are considered to be the well-known examples of sales marketing using the recommendation system. In the case of Amazon, 60% of the recommendation is made by purchasing goods, and 35% of the sales increase was achieved. Netflix, on the other hand, found that 75% of movie recommendations were made using services. This personalization technique is considered to be one of the key strategies for one-to-one marketing that can be useful in online markets where salespeople do not exist. Recommendation techniques that are mainly used in recommendation systems today include collaborative filtering and content-based filtering. Furthermore, hybrid techniques and association rules that use these techniques in combination are also being used in various fields. Of these, collaborative filtering recommendation techniques are the most popular today. Collaborative filtering is a method of recommending products preferred by neighbors who have similar preferences or purchasing behavior, based on the assumption that users who have exhibited similar tendencies in purchasing or evaluating products in the past will have a similar tendency to other products. However, most of the existed systems are recommended only within the same category of products such as books and movies. This is because the recommendation system estimates the purchase satisfaction about new item which have never been bought yet using customer's purchase rating points of a similar commodity based on the transaction data. In addition, there is a problem about the reliability of purchase ratings used in the recommendation system. Reliability of customer purchase ratings is causing serious problems. In particular, 'Compensatory Review' refers to the intentional manipulation of a customer purchase rating by a company intervention. In fact, Amazon has been hard-pressed for these "compassionate reviews" since 2016 and has worked hard to reduce false information and increase credibility. The survey showed that the average rating for products with 'Compensated Review' was higher than those without 'Compensation Review'. And it turns out that 'Compensatory Review' is about 12 times less likely to give the lowest rating, and about 4 times less likely to leave a critical opinion. As such, customer purchase ratings are full of various noises. This problem is directly related to the performance of recommendation systems aimed at maximizing profits by attracting highly satisfied customers in most e-commerce transactions. In this study, we propose the possibility of using new indicators that can objectively substitute existing customer 's purchase ratings by using RFM multi-dimensional analysis technique to solve a series of problems. RFM multi-dimensional analysis technique is the most widely used analytical method in customer relationship management marketing(CRM), and is a data analysis method for selecting customers who are likely to purchase goods. As a result of verifying the actual purchase history data using the relevant index, the accuracy was as high as about 55%. This is a result of recommending a total of 4,386 different types of products that have never been bought before, thus the verification result means relatively high accuracy and utilization value. And this study suggests the possibility of general recommendation system that can be applied to various offline product data. If additional data is acquired in the future, the accuracy of the proposed recommendation system can be improved.

• The Southeast Asian review
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• v.26 no.3
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• pp.1-50
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• 2016

This paper aims to investigate the cultural conflicts and characteristics of anti-Korean Wave discourse taken placed among Southeast Asian countries. To do this, it takes Vietnam and Indonesia as the study cases, which have been showing a trend of anti-Korean Wave discourse as well as high popularity of Hallyu. As research methods, the paper analyzes both on-line discourses of anti-Korean Wave and the email audience interviews from both countries. The results show some significant differences between the two countries as well as the similarity that Anti-Korean Wave discourses have been actively produced and disseminated through on-line media. As for Indonesia, the Anti-Korean Wave discourse pivots on the elements clashing between Indonesia's religion and cultural values and Korean consuming culture. According to the Anti-Korean Wave discourse, K-pop contents and entertainers are criticized for damaging the society's morals and cultural identities based on Islamic rules and values. Thus, the sentiment of the Anti-Korean Wave is likely to lead to the cultural nationalism for the sake of their cultural identity. As for Vietnam, anti-Korean Wave discourse mainly consists of issues on enthusiastic K-pop fans' anti-social behaviors and generational conflicts which are presumed attributed as the chief factor of the Anti-Korean Wave. In the Vietnamese discourse, social elites and adults treat the enthusiastic K-pop fans as those who are in need of educational care or psychological therapy. Unlike the Indonesian case, anti-Korean Wave discourse in Vietnam criticized the K-pop and the performer's competence for being cheap sexy and incompetence. They also denounce Korean dramas for their trite, typical story lines, use of excessive emotion, and unrealistic nature. However, the two country's interview participants have in common both acknowledged that rather than considering the Anti-Korean Wave as an issue that needs to be resolved it should be embraced as a natural cultural phenomenon.

• Journal of Practical Agriculture & Fisheries Research
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• v.23 no.1
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• pp.89-104
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• 2021

Based on the TF-IDF weighted value that evaluates the importance of words that play a key role, the semantic network analysis(SNA) was conducted on the self-introduction letter of freshman at Korea National College of Agriculture and Fisheries(KNCAF) in 2020. The top three words calculated by TF-IDF weights were agriculture, mathematics, study (Q. 1), clubs, plants, friends (Q. 2), friends, clubs, opinions, (Q. 3), mushrooms, insects, and fathers (Q. 4). In the relationship between words, the words with high betweenness centrality are reason, high school, attending (Q. 1), garbage, high school, school (Q. 2), importance, misunderstanding, completion (Q.3), processing, feed, and farmhouse (Q. 4). The words with high degree centrality are high school, inquiry, grades (Q. 1), garbage, cleanup, class time (Q. 2), opinion, meetings, volunteer activities (Q.3), processing, space, and practice (Q. 4). The combination of words with high frequency of simultaneous appearances, that is, high correlation, appeared as 'certification - acquisition', 'problem - solution', 'science - life', and 'misunderstanding - concession'. In cluster analysis, the number of clusters obtained by the height of cluster dendrogram was 2(Q.1), 4(Q.2, 4) and 5(Q. 3). At this time, the cohesion in Cluster was high and the heterogeneity between Clusters was clearly shown.

• Journal of Popular Narrative
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• v.26 no.3
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• pp.221-254
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• 2020

This paper finds a solution in the social context which cannot be explained thoroughly by well-timed release date, revival of comedy films, and the attraction of Lee Byeong-heon's comedy etc. while it throws question of how the film, Extreme Job captivated 16 million audience. The incredible hits of Extreme Job cannot be explained by analyzing the text alone. After this essay investigates a function and a role of comedy as a public sphere, it examines people's desires and wishes in the comedy and other genres since 2008 when the conservative government has seized power. Since 2008 a series of dark tone's action thriller, social problem film, and disaster film have emerged, these genres showed absence of public security, crisis of democracy and criticism against rulling class. On the other hand, hit comedy films have showed escapism such as weepie, nostalgia, and fantasy at the same time, generally. Although Veteran (2015) is not full-blown comedy, after this film's big success, "comic mode" has gradually revived. A light tone's films which are truer to genre rules has started representing the wishes of people toward social reforms and changes. Meanwhile, "Candlelight Protest" served as a momentum to recover the democracy which has been in crisis, but it could not lead changes in economic and daily lives. Exreme Job can be read as a question how we will survive since "Candlight Protest." The lives of detectives as self-employed workers who has taken over a fried chicken restaurant for going undercover are appearances of ordinary persons who must survive in the edless conpetition. Furthermore, this film shows a dream of a "great success myth" which becomes well-known as a famous restaurant and a self-management such as brand-naming and an exapansion of franchise business. We can read ganster's chicken franchises as a huge distribution industry which disturbs market system by delivering drugs secretly. While applauses that we give to the police having identities of self-employed workers which sweeps the ganster are giving support to oridinary neighborhood like us, they are also wishes of people who long for the restoration of publicness of police in the market which is becoming increasingly privatized today. A significance of this essay is to examine Extreme Job in terms of the geography of film genres and the revival of comic mode sicne 2008 at the macro level, and is to read the film in the perspective of the problems of economic and daily lives which has been still unsolved since "Candlelight Protest" at the micro level.