• Title/Summary/Keyword: conflict factor

Search Result 429, Processing Time 0.034 seconds

The Applicable Laws to International Intellectual Property License Contracts under the Rome I Regulation (국제 지식재산권 라이센스 계약 분쟁의 준거법 결정 원칙으로서 로마I 규정의 적용에 관한 연구)

  • Moon, Hwa-Kyung
    • Journal of Legislation Research
    • /
    • no.44
    • /
    • pp.487-538
    • /
    • 2013
  • It is the most critical issue in recent international intellectual property licence disputes to decide the applicable laws to the license contracts. As Korea and the European Union(EU) reached free trade agreement(FTA), and the EU-Korea FTA entered into force on July 1, 2011, the FTA has boosted social, economic, cultural exchanges between the two. As a result of the increased transactions in those sectors, legal disputes are also expected to grow. This situation calls for extensive research and understanding of the choice of law principles applicable to international intellectual property license contracts in the EU. To decide the laws applicable to issues arising from international intellectual property license contracts disputes, the characterization of those issues is necessary for the purpose of applying private international law principles to them. In terms of characterization, intellectual property license contracts fall within contractual matters. In the EU, the primary rule of choice of law principles in contractual obligations is the Rome I Regulation. Because the choice of law rules, such as private international law principles, the Rome Convention(1980), and the Rome I Regulation, differ in the time of application, it is essential to clarify the time factor of related contracts. For example, the Rome I Regulation applies to contracts which were concluded as from December 17, 2009. Although party autonomy in international contracts disputes is generally allowed, if there is no choice of law agreement between the parties to the contracts, the objective test rule of private international law doctrine could be the best option. Following this doctrine, the Rome I Regulation Article 4, Paragraph 1 provides the governing law rules based on the types of contracts, but there is no room for intellectual property license contracts. After all, as the rule for governing law of those contracts, the Rome I Regulation Article 4, Paragraph 2 should be applied and if there are countries which are more closely connected to the contracts under the Rome I Regulation Article 4, Paragraph 3, the laws of those countries become the governing laws of the contracts. Nevertheless, if it is not possible to decide the applicable laws to the license contracts, the Rome I Regulation Article 4, Paragraph 4 should be applied in the last resort and the laws of the countries which are the most closely connected to the contracts govern the license contracts. Therefore, this research on the laws applicable to intellectual property license contracts under the Rome I Regulation suggests more systematic and effective solutions for future disputes in which Korea and the EU countries play the significant role as the connecting factors in the conflict of laws rules. Moreover, it helps to establish comprehensive and theoretical understanding of applying the Korean Private International Law to multifarious choice-of-law cases.

Welfare States and Welfare Attitude: A Comparison of Sweden, France, US, and Korea (복지인식 구조의 국가간 비교 - 사민주의, 자유주의, 보수주의 복지국가와 한국 -)

  • Baek, Jeong-mi;Joo, Eun-sun;Kim, Eun-gi
    • Korean Journal of Social Welfare Studies
    • /
    • no.37
    • /
    • pp.319-344
    • /
    • 2008
  • The Purpose of this study is to observe the existence of welfare attitude split between welfare regimes clique and to explore the effect of institutional(regime) characteristics on welfare attitude. And Second purpose is to find the characteristics of structure of welfare attitude and then to clarify the characteristics of welfare attitude in Korea. This work contribute to find the point of solidarity and split and to work out the strategical clues for constructing pro-welfare politics. To compare the attitude on the state responsibility about the welfare, Sweden, France, US, and Korea is selected. And the effect of sex, age, education level, income class, and labor status which are abstracted from existing welfare state comparative study are analyzed. The result show the difference in welfare attitude score between countries. The welfare attitude score is Sweden, France and US in order. the Score in Korea is lowest. In the case of the effect structure of welfare attitude between countries, there are no differences between Sweden and France. But the specific characteristics in US and Korea, are observed. And the effect structure of sex, class, labor status is equal in Sweden, France, and US. That is, women, people in low class, and people in low labor status more emphasize the state responsibility on the welfare. But the effect structure of age of US is different comparing other countries. In US, the old age is tend to less support the state responsibility. The education level operate as the effect factor in only US. And Korea show the different effect structure on the welfare attitude. This understanding about structure of welfare consciousness become the basis to construct the strategy for welfare state by proposing the point of consensus and conflict to conversion of welfare paradigm.

Haewon-sangsaeng Thought for the Future of Humanity and World (인간과 세계의 미래에 관한 해원상생사상 연구)

  • Bae, Kyu-han
    • Journal of the Daesoon Academy of Sciences
    • /
    • v.30
    • /
    • pp.1-57
    • /
    • 2018
  • There are three purposes to this study: first, to understand comprehensively the meaning of Haewon-sangsaeng (Resolution of Grievances for Mutual Beneficence) Thought, which can be taken as representative thought regarding peace in Korean new religions. Next, Haewon-sangsaeng Thought and the works for Haewon (resolving grievances) will be examined as principles and practical mechanisms for building the paradise of the Later World and understanding the structure of this system of thought. Lastly, logical inferences will be made regarding the future of humanity and the world through the ideological characteristics implied by Haewon-sangsaeng Thought. Haewon-sangsaeng Thought contains the complicated concepts of Haewon and Sangsaeng. Haewon is the resolution of the enmity and grievances that have accumulated in the realms of humanity and deities. Sangsaeng indicates the action of mutually benefiting one another or a state wherein people live in prosperity and peace. In Daesoon Jinrihoe, the concept of Haewon-sangsaeng is expressed explicitly and has broad applications. It can be expanded for the global peace and the harmony of all humanity. As the result of an integrated analysis of previous studies, it can be stated that Haewon-sangsaeng has values and meanings in terms of principles, laws, ethics, and ideology all of which are commonly connected to Injon (Human Nobility), Sangsaeng, peace, harmony, the Later World, and paradise. This indicates that its valuable for the future of humanity and world is deeper and wider than its mere etymological meaning. The common factor among paired ideas such as human nobility and Sangsaeng, peace and harmony, and Later World and paradise is the realization of humanity's greatest wish. This is the reason why the value and meaning of Haewon-sangsaeng can be expanded globally. The works of Haewon were a religious act of Kang Jeungsan who resolved the grievances of the Former World which was under the rule of mutual conflict and built a Later World that will operate according to mutual beneficence. Therefore, the principle of Haewon-sangsaeng has a motivative power, through the Reordering Works of the Universe, which can transform the future of humanity and the world. In this study, it can be inferred that as Haewon-sangsaeng 'fulfills human desires' and forms a 'harmonious relations of Sangsaeng' between humans and world, humans will be transformed into Injon (Human Nobility) while the world turns into a paradise, and the future turns into period of peace. Therefore, Haewon-sangsaeng Thought works as a principle that changes society, the world, and the universe. The social actualization of Haewon-sangsaeng is tantamount to bringing the future of Injon, paradise, and peace into objective reality. Previous studies on Haewon-sangsaeng Thought had been carried out under difficult circumstances by a small number of scholars. For all the above reasons, I anticipate that there will be more and more studies made on the topic of Haewon-sangsaeng Thought, which seeks the realization of Haewon (the Resolution of Grievances), Sangsaeng (Mutual Beneficence), human nobility, paradise, and peace. I hope it will emerge as a main subject in global religious thought.

A Qualitative Study for the Psychological Characteristics Affecting Never married Choice (비혼 선택에 영향을 미치는 심리적 특성 탐색을 위한 질적 연구)

  • Jeongha Lee;Jeongyoon Park;Nana Yoon
    • Korean Journal of Culture and Social Issue
    • /
    • v.23 no.2
    • /
    • pp.183-214
    • /
    • 2017
  • The purpose of this study was to examine the psychological characteristics of affecting never married men and women through analyzing the content of in-depth interviews about the idea of marriage and the reason for never married choice. For achieving this purpose, the in-depth interview was conducted with 9 men and women aged mid-20s to late 30s who said to choose never married life for a long time, and then the content of interview was analyzed using consensual qualitative research. As a result of analyzing the content of in-depth interview, it was derived into 2 areas, 10 sub-areas, and 25 categories. The results of the study were as follows. Firstly, it was found that research participants negatively recognized the marriage and had unrealistic expectation rather than no expectation for marriage. Secondly, most of the research participants felt negative feelings about their parents' patriarchal role, and they did not want to live like their parents. They also reported that they did not see their marriage separated from their parents. Thirdly, most of the research participants felt difficulty in forming relationships with intimate person, and it became more difficult to have expectations about spouses and marriage due to repeated relationship conflict patterns. Fourthly, the research participants showed psychological aspect of experiential avoidance and seeking for individuality in terms of never married choice. Most of the research participants predicted the failure of married life, and reported that they were trying to prevent uncomfortable feelings and sufferings by choosing never married life. Also they reported that individuality considered more important than connection with others(togetherness) and individual value considered more important than collective value. Participants in this study showed negative evaluation or had negative influences on the marriage life of parents and acquaintances. This is more likely to be a passive factor in never married choice, so future research should examine the characteristics of active factors in never married choice.

Health and quality of life for Korean people in ageing society (고령화 사회에서 한국인의 건강과 삶의 질)

  • Kyung-Hyun Suh
    • Korean Journal of Culture and Social Issue
    • /
    • v.12 no.5_spc
    • /
    • pp.133-147
    • /
    • 2006
  • Korean society is rapidly becoming an ageing society. The Korean may have to live longer than did their parents. Increasing life expectancy and changing social structure, Korean people are getting interested in quality of life, and well-being is becoming a matter of concern. And, the Korean is fully aware of the importance of health for well-being or good life. This concern about health may bring about specific behaviors related to health. Although health care expenditures of Korea are currently smaller than those of other developed countries, it is continuously increasing. Large portion of increased amount of health care expenditures is to spend for disease prevention and expansion of long-term care facilities. Constructs of well-being of the Korean, not living in western culture, may be different from those of people living in western society. Health is not top-ranked to importance for quality of life in previous studies. It does not mean health isn't determinant factor for good life or well-being. Health is an essential element for well-being. It has been proved in several researches which examined poor quality of life caused by certain diseases and management of health-related quality of life. Some theories relate to health-seeking behaviors suggested the health belief or the attitude toward health, intention to do health behavior, perceived behavioral control, and self efficacy as important factors which could predict health-related behaviors. With getting older, people decline in physical and physiological functions and become vulnerable to chronic diseases. Quality of life depends on how to adjust to these changes in senescence. Social supports, especially supports from offspring, are very important to quality of life in senescence, because supports from offspring have influence on pride of the older, they may be afraid of disclose the conflict with their offspring. Avoiding self-disclosure exclude other source of social supports and harm individual's health, therefore psychological intervention is needed to. Increasing life expectancy of the Korean, Korean government has to provide numerous long-term care facilities as well as psychosocial supports. The Korean, so far, does not recognize that psychologist could render great service to promoting individual or community health and improving individual's quality of life. It is highly expected that psychologists take actively interested and involve in health related to quality of life.

A Study on the Success Factors of Co-Founding Start-up by Step: Focusing on the Case of Opportunity-type Start-up (공동창업의 단계별 성공요인에 관한 연구: 기회형 창업기업 사례를 중심으로)

  • Yun, Seong Man;Sung, Chang Soo
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
    • /
    • v.18 no.1
    • /
    • pp.141-158
    • /
    • 2023
  • From the perspective of an entrepreneur, one of the most important factors for understanding the inherent limitations of a startup, reducing the risk of failure, and succeeding is the composition of the talent, that is, the founding team. Therefore, a common concern experienced by entrepreneurs in the pre-entrepreneurship stage or the early stage of startup is the choice between independent startups and co-founding start-up. Nonetheless, in Korea, the share of independent entrepreneurship is significantly higher than that of co-founding start-up. On the other hand, focusing on the fact that many successful global innovative companies are in the form of co-founding start-up, the success factors of co-founding start-up were examined. Most of the related preceding studies are studies that identify the capabilities and characteristics of individual entrepreneurs as factors influencing the survival and success of entrepreneurship, and there is a lack of research on partnerships, that is, co-founding start-up, which are common in the field of entrepreneurship ecosystems. Therefore, this study attempted a multi-case study through in-depth interviews, collection of relevant data, analysis of contextual information, and consideration of previous studies targeting co-founders of domestic startups that succeeded in opportunistic startups. Through this, a model for deriving the phased characteristics and key success factors of co-founding start-up was proposed. As a result of the study, the key element of the preliminary start-up stage was 'opportunity', and the success factors were 'opportunity recognition through entrepreneur's experience' and 'idea development'. The key element in the early stages of start-up is "start-up team," and the success factor is "trust and complement of start-up team," and synergy is shown when "diversity and homogeneity of start-up team" are harmonized. In addition, conflicts between co-founders may occur in the early stages of start-ups, which has a large impact on the survival of start-ups. The conflict between the start-up team could be overcome through constant "mutual understanding and respect through communication" and "clear division of work and role sharing." It was confirmed that the core element of the start-up growth stage was 'resources', and 'securing excellent talent' and 'raising external funds' were important factors for success. These results are expected to overcome the limitations of start-up companies, such as limited resources, lack of experience, and risk of failure, in entrepreneurship studies, and prospective entrepreneurs preparing for a start-up in a situation where the form of co-founding start-up is attracting attention as one of the alternatives to increase the success rate. It has implications for various stakeholders in the entrepreneurial ecosystem.

  • PDF

Effect of the Suicide Prevention Program to the Impulsive Psychology of the Elementary School Student (자살예방 프로그램이 초등학교 충동심리에 미치는 영향)

  • Kang, Soo Jin;Kang, Ho Jung;Cho, Won Cheol;Lee, Tae Shik
    • Journal of Korean Society of Disaster and Security
    • /
    • v.6 no.1
    • /
    • pp.65-72
    • /
    • 2013
  • In this study, the early suicide prevention program was applied to the elementary school students and compared the prior & post effect of the program, and verified the status of psychology change like emotional status, or temptation to take a suicide, and presented the possibility as a suicide prevention program. The period of adolescence is the very unstable period in the process of growth being cognitively immature, emotionally impulsive period. It is the period emotionally unstable and unpredictable possible to select the method of suicide as an extreme method to escape the reality, or impulsive problem solving against small conflict or dispute situation. Many stress of the student such as recent nuclear family, expectation of parents to their children, education problem, socio-environmental elements, individual psychological factor lead students to the extreme activity of suicide in recent days. In this study, the scope of stress experienced in the elementary school as well as idea and degree of temptation regarding suicide by the suicide prevention program were identified, and through prevention program such as meditation training, breath training and through experience of anger control, emotion-expression, self overcome and establish positive self-identity and make understanding Self-control, Self-esteem & preciousness of life based on which the effect to suicide prevention was analyzed. The study was made targeting 51 students of 2 classes of 6th grade of elementary school of Goyang-si and processed 30 minutes every morning focused on through experience & activity of the principle & method of brain science. The data was collected for 20 times before starting morning class by using Suicide Probability Scale(herein SPS-A) designed to predict effectively suicide Probability, suicide risk prediction scale, surveyed by 7 areas such as Positive outlook, Within the family closeness, Impulsivity, Interpersonal hostility, Hopelessness, Hopelessness syndrome, suicide accident. Analytical methods and validation was used the Wilcoxon's signed rank test using SPSS Program. Though the process of program in short period, but there was a effective and positive results in the 7 areas in the average comparison. But in the t-test result, there was a different outcome. It indicated changes in the 3 questionnaires (No.7, No.14, No.19) out of 31 SPS-A questionnaires, and there was a no change to the rest item. It also indicated more changes of the students in the class A than class B. And in case of the class A students, psychological changes were verified in the areas of Hopelessness syndrome, suicide accident among 7 areas after the program was processed. Through this study, it could be verified that different results could be derived depending on the Student tendency, program professional(teacher in charge, processing lecturer). The suicide prevention program presented in this article can be a help in learning and suicide prevention with consistent systematization, activation through emotion and impulse control based on emotional stress relief and positive self-identity recovery, stabilization of brain waves, and let the short period program not to be died out but to be continued connecting from childhood to adolescence capable to make surrounding environment for spiritual, physical healthy growth for which this could be an effective program for suicide prevention of the social problem.

Effects of Market Orientation and Relationship Orientation with Suppliers on Business Performance in Animal Clinic Industry: Moderating Effects of Entrepreneur's Characteristics and Clinic Location (동물병원의 시장지향성과 공급업체와의 관계지향성이 동물병원 성과에 미치는 영향: 경영자의 특성과 동물병원 입지에 따른 조절효과)

  • Yoo, Dong-Keun;Suh, Seung-Won;Lee, Yong-Ki
    • Journal of Global Scholars of Marketing Science
    • /
    • v.18 no.2
    • /
    • pp.189-222
    • /
    • 2008
  • This study developed a model to empirically investigate the effects of market orientation and relationship orientation with suppliers on business performance and examine the moderating effects of entrepreneur's characteristics (working tenure) and clinic's location. The data was collected from 200 animal clinics which belong to Korean Animal Hospital Association (KAHA)'s national conference in April, 2007. Descriptive statistic, factor analysis, reliability analysis, and regression analysis were conducted to analyze the data using SPSS/PC+ 12.0. The findings are as follows. First, the market orientation of animal clinics influences significantly both financial and non-financial performance. When the moderating effect of entrepreneur's working tenure is considered, market orientation has significant effect on animal clinic's financial and non-financial performance. However, when the moderating effect of animal clinic's location is considered, market orientation has not significant effect on animal clinic's financial and non-financial performance. Second, animal clinic's relationship orientation with suppliers mostly affects the financial and non-financial performance significantly. When entrepreneur's working tenure in the clinic is longer (above 4 years group), relationship orientation with suppliers significantly affects both financial and non-financial performance. Meanwhile, when the entrepreneur's working tenure in the clinic is shorter (less than 3 years group), relationship orientation with suppliers doesn't affect clinic's financial performance but affect non-financial performance partially. In other words, when entrepreneur's working tenure is shorter (less than 3 years group), market orientation more influences on clinic's financial and non-financial performance while relationship orientation with suppliers does less. It is thought that their relation with suppliers and relationship orientation activities with suppliers are less strongly established and maintained yet. So, they primarily focus on market orientation strategy when entrepreneur's working tenure is shorter. Third, when animal clinics are located in non-metropolitan area, relationship orientation with suppliers significantly affects financial and non-financial performance. However, when animal clinics are located in metropolitan area, it doesn't affect financial and non-financial performance either. It is thought that animal clinics which are located in non-metropolitan area need stronger relationship with suppliers and need support more from them as most of suppliers actively work in metropolitan area not in the non-metropolitan area and animal clinics in metropolitan area can easily get better market information than animal clinics in non-metropolitan area. Lastly, while the effect of the market orientation significantly influences animal clinic's business performance continuously, the effect of the relationship orientation differently influences business performance as it is moderated by entrepreneur's working tenure and animal clinic's location. So, relationship orientation with suppliers can be selectively applied to improve the clinic's financial and no-financial performance. In summary, both of animal clinic's marketing orientation and animal clinic's relationship orientation with suppliers positively influence their business performance. However, entrepreneur's working tenure and animal clinic location moderate the relationship between market orientation and relationship orientation and their business performance differently. This study is quite meaningful to empirically investigate the effects of both of market orientation and relationship orientation with suppliers on business performance and examine the moderating effects of entrepreneur's characteristics (working tenure) and clinic's location. And, as this kind of study has been very few in the context of animal clinic industry, it helps practically understand the effects of market orientation and relationship orientation with suppliers on the financial and non-financial performance in animal clinic industry. Furthermore, as the market conditions in animal clinic industry have been in difficulty for a few years, this study can help improve animal clinic's financial and non-financial business performance together with their suppliers as business partners. Lastly, this study can help find mid-term and long-term cooperation between animal clinics and their suppliers. This study has some limitations. So, care should be taken when generalizing the results of the study. First, our samples were collected from only the animal clinics industry. However, a comparison of the results presented here with those form other marketing contexts (e.g., general hospitals) would be worthwhile. Future comparative research will enhance the generality of our contingency theory cross industry context. Second, this study found that market orientation and relationship orientation affect business performance. However, there may be other antecedents, such as internal market orientation and relationship orientation with customers. Also, this research did not consider other moderators, such as overall market conditions, competitive situations, and power/conflict between suppliers and buyers in the relationship between market and relationship orientation and business performance.

  • PDF

The Definition of Outer Space and the Air/Outer Space Boundary Question (우주의 법적 지위와 경계획정 문제)

  • Lee, Young-Jin
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.30 no.2
    • /
    • pp.427-468
    • /
    • 2015
  • To date, we have considered the theoretical views, the standpoint of states and the discourse within the international community such as the UN Committee on the Peaceful Uses of Outer Space(COPUOS) regarding the Air/Outer Space Boundary Question which is one of the first issues of UN COPUOS established in line with marking the starting point of Outer Space Area. As above mentioned, discussions in the United Nations and among scholars of within each state regarding the delimitation issue often saw a division between those in favor of a functional approach (the functionalists) and those seeking the delineation of a boundary (the spatialists). The spatialists emphasize that the boundary between air and outer space should be delimited because the status of outer space is a type of public domain from which sovereign jurisdiction is excluded, as stated in Article 2 of Outer Space Treaty. On the contrary art. I of Chicago Convention is evidence of the acknowledgement of sovereignty over airspace existing as an international customary law, has the binding force of which exists independently of the Convention. The functionalists, backed initially by the major space powers, which viewed any boundary demarcation as possibly restricting their access to space, whether for peaceful or non-military purposes, considered it insufficient or inadequate to delimit a boundary of outer space without obvious scientific and technological evidences. Last more than 50 years there were large development in the exploration and use of outer space. But a large number states including those taking the view of a functionalist have taken on a negative attitude. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It seems therefore to welcome the arrival of clear evidence of a growing recognition of and national practices concerning a spatial approach to the problem is gaining support both by a large number of States as well as by publicists. The search for a solution to the problem of demarcating the two different legal regimes governing the space above Earth has undoubtedly been facilitated and a number of countries including Russia have already advocated the acceptance of the lowest perigee boundary of outer space at a height of 100km. As a matter of fact the lowest perigee where space objects are still able to continue in their orbiting around the earth has already been imposed as a natural criterion for the delimitation of outer space. This delimitation of outer space has also been evidenced by the constant practice of a large number of States and their tacit consent to space activities accomplished so far at this distance and beyond it. Of course there are still numerous opposing views on the delineation of a outer space boundary by space powers like U.S.A., England, France and so on. Therefore, first of all to solve the legal issues faced by the international community in outer space activities like delimitation problem, there needs a positive and peaceful will of international cooperation. From this viewpoint, President John F. Kennedy once described the rationale behind the outer space activities in his famous "Moon speech" given at Rice University in 1962. He called upon Americans and all mankind to strive for peaceful cooperation and coexistence in our future outer space activities. And Kennedy explained, "There is no strife, ${\ldots}$ nor any international conflict in outer space as yet. But its hazards are hostile to us all: Its conquest deserves the best of all mankind, and its opportunity for peaceful cooperation may never come again." This speech seems to even present us in the contemporary era with ample suggestions for further peaceful cooperation in outer space activities including the delimitation of outer space.