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A Study on the Determination of Applicable law to Liability for the compensation of Damage in a plane accident (항공기사고 손해배상청구에 있어서 준거법의 결정에 관한 소고)

  • So, Jae-Seon
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.2
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    • pp.3-42
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    • 2010
  • This study shows that the Warsaw Convention in Article 1 is not an international transport, origin, destination and all the Contracting Parties is not a purely domestic shipping does not apply to this Treaty. Therefore, in this case, liability and damages for the governing law is selected according to international law should be. In addition, in the case of international shipping and passenger air carrier of this treaty to govern the relationship, not all of which aim is the unification of certain rules. Product liability is the most important thing of all. As for the aircraft manufacturer's responsibility according to international law also does not select the applicable law is not. The Warsaw Convention Article 17 apply for the passenger's personal damages Article 2 Section 2 leads to the most prestigious type of damages, and subjective and objective with regard to the scope of international law are being committed. In this regard, Governing Law-related aircraft accidents leading to serious accidents in China of an aircraft crash in Nagoya, Japan, the airport can be. China Airlines accident of the aircraft are operated for the unification of the rules for international air transport on the Warsaw Convention as amended by Article 17, Article 18 of damages by the tort claims and claims based on damages caused by, or this cause of aircraft accidents air bus maker by the Corporation for damages in tort claims for damages claimed on the basis of solidarity is the case. In the case of these grand scale claim responsibility for the airline, air transport agreements to determine the applicable law of the contract is very complex. There for the contracts based on individual circumstances or origin, and by considering because each must be determined.

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The study of Tang Zong Hai's Medica-change thought (당종해(唐宗海)의 의역사상(醫易思想)에 관(關)한 연구(硏究))

  • Kim, Gi-Uk;Park, Hyeon-Guk
    • Journal of Korean Medical classics
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    • v.12 no.2
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    • pp.56-71
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    • 1999
  • 1. In the recohnition of cosmos true form, It is compared to the Boundless(無極) the Great Absolute(太極),Yin and Yang(兩儀) throungh the fertilazation process of spermatozoon and ovum. 2. It is explained that principle of unchange through the Form and Action(體 用) relation of the outer appearances and Number (象數) with matching the number of nine and ten to HaDoo(河圖) and RakSye(洛書). 3. Eigth divinations(八卦) being compared to the human body, Care presevation of pregnancy(養胎) is explained that head forms firstly(Gun-I 1乾一), secondly lung(Tae-E 兌二), heart(E-Sam 離三), liver(Jin-Sa 震四), gall bladder(Son-Oo 巽五), kidney(Gam-Yuk 坎六), intestines and stomach(Gan-Chill 艮七), lastly flesh forms(Gon-Pal 坤八). 4. It is explained that process of physiological change of $\ll$Nei Ching The Natural Truth in Ancient Times$\gg$(內經 上古天眞論) by matching boy at the age of 8 to Gan-divination(艮卦), and girl at the age of 7 to Tae-divination(兌卦). 5. The theory of six sons from Gun-Gon(乾坤六子論) is explained by relation of Apriority Eight-divination(先天八卦) obedience and disobedience-left and right. 6. It is explained that form of the human-body and the relationship of the Heart - the Kidney through the Gam(坎) Li(離) - divination 7. The effort of interpretating time and space of the Twelve Horary signs is explanined by season, direction, Five elements(五行), rise and decline, the Three Sum(三合), the Six Sum (六合), the six crash(六衡)'s relation. 8. the process of change from apriority(先天) to postery(後天) in the book of Changes(周易) is explanined by comparing to the phenomenum of nature and the human body. 9. The Energy Satus(氣位) are different from the direction of Eight-divination(八卦) and the properties of the good or bad of herb-drugs are differnt from the place of production. 10. The rightness of realizating the Overlapping-divinations(重卦) are compared to the phenomenum of nature through the Divination Virture(卦德). 11. The dependence-relations of The Twelve Meridians(十二經脈) are explained by-matching January with liver meridian, February with gall bladder meridian, march with heart pericardium meridiam, April with small intestine meridkan, August with lung spleen meridian, jury with stomach meridian, August with lung meridian, September with large intestine meridian, October with urinary bladder meridianm November with kidney meridian. December with triple energizer meridian throng The Twelve Byuk-divination. 12. The process of menstration cycle is explained by The Month symbolizing-divination(月候卦). 13. Through The Trade(交易) prove the reason of feverish sympotoms to use feverish Drug, mill sympotoms to use mill drug of prescription and Heart-Kidneys Consensus(心賢相交) and through The Change(變易), prove the chill and feverish consensus of forechill after feverish, fore feverish after chill and through. The Non-Change(不易) explain the reason of chill sympotoms to use feverish drug, feverish sympotoms to use chill drug of prscription. 14. Ho-divination(互卦) applicate Jxa Sa(佐使) herb drug match of Kun Sin Jwa Sa() theory. 15. According to the Hyo-position(爻位) match the ages, body form and drug by matching Ehight-divination(八卦) to the human body form and function in medicine and the book of Changes(周易) application emphasize the human body Ehight-divination(人身八卦). 16. Throgh the Order-divination(序卦) explain the rightness of Divination Image(卦象) arrangement and all things take shape by cosmo-energy conseusus(宇宙氣交). 17. Throgh the Mixing-divination(難卦) supply the vacancy of medicine and the book of Changes(周易) relationship in the foreword explian the human energy movements, sleep, vomitting, the energy arrival(逮氣), heart pericardium(心包), lung membrane(肺膜) etc.... Like the above sentence medicine and the book of Changes(周易) theory of scholar Tang on the viewpoint of easten-the way Western appliance(東道西器) researching abyss of medicine impart to descendants, so I think that the achievement of medicine and the book of Changes(周易) study is very excellant and I expect that the study Korean Oriental Medicine(韓醫學) theory by means of medicine the book of Changes(周易) reference, will be accelarated.

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The Comparative Study on Travel Behavior and Traffic Accident Characteristics on a Community Road - With Focus on Seoul Metropolitan City (생활도로에서의 교통행태와 교통사고특성에 관한 연구 - 서울특별시를 중심으로)

  • Lim, Joonbeom;Lee, Sooil;Choi, Jongchul;Joo, Sungkab
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.36 no.1
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    • pp.97-104
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    • 2016
  • In Korea, the number of crash accident victims per 100,000 population is three times higher than the average of OECD. In particular, 60% of it occurs on the community road. Thus, this study intends to analyze the causes of such accidents through a pedestrian and vehicle traffic survey. The purpose is to establish practical safety enhancement measures for community roads. In recent years, lots of changes have occurred in the pedestrian environment. A traffic survey shows that 65% of pedestrians walk on the right and 17% of people use smart-phones while walking. An eye camera experiment shows that the operation load of drivers on the community roads is more than 4 times higher than those in urban roads. According to a speed survey, 62% of vehicles drive at 30km/h or above. The characteristics of accidents on community roads are as follows. First, the ratio of accidents on the edge of the road is 2.3 times as high as those on other roads. Second, when people walk on the right, the ratio of accidents is 2.5 times as high as that of walking on the left. Third, it becomes more dangerous when people cross the road from the right to the left. The majority of accidents is caused by unsafe driving (84.4%). When a vehicle makes a left turn, the likelihood of accidents is 2.3 times as high as those caused by a right turn. The ratio of accidents caused by vehicles going backwards is 14% among all accidents. In community roads, the focus of drivers should be at least 4 times higher than those on urban roads. Thus, walking in the opposite direction of vehicles and careless behaviors are highly likely lead to accidents.

Drinking Pattern and Nonfatal Injuries of Adults in Korea (성인에서 AUDIT와 손상의 연관성)

  • Yoo, In-Sook;Choi, Eun-Mi;Kwon, Ho-Jang;Lee, Sang-Gyu
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.13 no.4
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    • pp.1690-1698
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    • 2012
  • As alcohol use is one of the most important risk factors for injuries, this study was intended to clarify and evaluate any relationship between drinking patterns and the incidence rates/specific characteristics of injuries in adult populations, using a widely accepted tool, the Alcohol Use Disorders Identification Test (chronic alcohol drinking behaviors measurement, hereinafter the AUDIT) developed by the World Health Organization to help to assess the behaviors in a more accurate and reliable manner. This study used the data collected from the 2009 Korea National Health and Nutrition Examination Survey (KNHANES), in which 7,511 of 7,893 adult participants aged ${\geq}19$ years answered the questions about injuries, and excluding 104 non-respondents, 6,258 of participants in the questionnaire survey of drinking patterns were finally analyzed. The incidence rates and specific characteristics of injuries as classified by the AUDIT categories (i.e., body regions, types and mechanisms) were assessed and estimated in terms of their relative risk using t-test, ANOVA, and logistic regression. SPSS 19.0 statistical package software was employed for statistical analyses. These analyses indicate that the incidence rates of overall injuries were significantly higher in male respondents than in female respondents. The risks of alcohol use related injuries were 8.3 times higher in male respondents than in female ones. Regarding educational background, high school graduates showed the highest rates in the AUDIT with significant difference from the other groups. The married group and the group of respondents having monthly income estimated at KRW 2.01 to 3 million also showed the highest rates in the AUDIT compared to the other groups, indicating statistically significant difference. Significantly increased in problematic drinkers and those with alcohol dependence, the incidence rate of injuries body regions was 0.0371 in the head/neck, and with respect to the AUDIT and the mechanisms of external causes of injuries, transport accidents ranked first, followed by slippage, others, crash and fall. In regard to the classified types of injuries, it was statistically significant in others (e.g., laceration, contusion, addiction, or penetrating wound). In conclusion, the mechanisms of external causes of injuries as well as injuries attributed to alcohol use are very important, and a strategy is required to reduce such the injuries in the manner of decreasing the frequency of drinking after motivation by professional counsellors.

Temperature-dependent Development of Aphis gossypii Glover and Aphis egomae Shinji on Leaves of Green Perilla and Their Seasonal Abundance Patterns in Protected Greenhouse in Guemsan, Korea (들깨 잎에서 목화진딧물(Aphis gossypii Glover)과 들깨진딧물(Aphis egomae Shinji)의 온도발육 및 금산지역 잎들깨 시설하우스에서 발생소장)

  • Choe, Yong-Seok;Park, Deok-Gi;Han, Kwang-Seop;Choe, Kwang-Ryul
    • Korean journal of applied entomology
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    • v.45 no.3 s.144
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    • pp.269-274
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    • 2006
  • Temperature-dependent development studies of two aphid species, A. egomae and A. gossypii occurring in green perilla greenhouse were conducted at $15{\sim}35^{\circ}C$, and 16:8 (L:D h) of light period in the laboratory. The mortality of two aphid species was high in young stages (1st and 2nd). In A. egomae, the mortalitiy increased with increasing and decreasing temperature: the mortalitie at $15^{\circ}C$ and $35^{\circ}C$ were 22.3% and 15.6%, respectively. While the mortalities of A. gossypii increased with increasing temperature: the mortality at $35^{\circ}C$ was 50.0%. The developmental periods of A. egomae and A. gossypii ranged from 20.8days to 5.4days and from 22.6days to 9.1days at $15^{\circ}C$ to $30^{\circ}C$ of temperature resion, respectively, and were 7.2days and 10.7days at $35^{\circ}C$ for each species. The lower developmental threshold temperatures for total nymphs of A. egoame and A. gossypii were $9.9^{\circ}C$ and $4.9^{\circ}C$, respectively and an effective degree-days (DD) for the developmental completion of total nymph were 108.0 DD for.A. egomae and 221.2DD for A. gossypii. In green perilla greenhouse, the occurrence period of A. gossypii was earlier about 15 days than that of A. egomae. When the occurrence period of two aphid species was estimated by degree-days based on lower threshold temperatures, A. gossypii occurred earlier than A. egomae in the field. A. gossypii occurred from early April and showed dominant position to late May compared with A. egomae Whereas, A egomae started to occur from mid April and then were abundant after late May followed by abrupt population crash around late July.

Review of 2014 Major Medical Decisions (2014년 주요 의료판결 분석)

  • Jeong, Hye Seung;Lee, Dong Pil;Yoo, Hyun Jung;Lee, Jung Sun
    • The Korean Society of Law and Medicine
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    • v.16 no.1
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    • pp.155-190
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    • 2015
  • The court sentenced meaningful decisions related to the medical service in 2014. The court assumed the negligence of medical staff in the accident if being broken while using the medical equipment for not an original purpose at the time of surgery and ruled that the compensation for damage can be recognized in recognition of the causal relationship between the explanation duty violation and side effect's happening when unproven surgery on safety is implemented regarding the duty of explanation, that in the case of cosmetic surgery, the subject on the duty of explanation needs to be expanded compared to the general medical practice and that the duty of explanation cannot be accepted for the range that cannot be expectable. Also, the court has provided the requirement and limitation of self-determination exercise in case of the crash between patient's self-determination and doctor's duty of care and has ruled that as automobile insurance contract is a contract with the insurance company to pay regarding liability for car accidents, treating patients and taking the insurance money is not illegal activity even for the unlicensed hospital violating the medical law while established. The judgment stating the opinion that medical practitioners cannot be punished according to the medical law prohibiting the receiving of rebate in case that medical practitioners did not receive benefit while the medical institution itself gained an unfair economic benefit also stands out. And the court has ruled that even if the medical institution who received a business suspension is closed, the suspension is still effective in case that the same operator opens a new medical institution in the same place, ruled on the requirement to conduct a medical service outside of the medical institution that the doctor opened and ruled that the administrative penalty cannot be conducted prior to the conviction on charge of violating the medical law.

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An Epidemiological Study on the Accidental Mortality in Various Industries in Busan Area (부산지역 산업인구의 사고사에 관한 역학적인 조사연구)

  • Chung, Young-Sun
    • Journal of Preventive Medicine and Public Health
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    • v.10 no.1
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    • pp.166-175
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    • 1977
  • The author have performed an epidemiological study on the accidental deaths at industry from 1970 to 1975, in order to seek for the preventive measures of industrial accident with the under-standing of its cause and characteristics of the accidental deaths. The obtained results were as follows; 1. Total number of deaths for 6 years were 361 (350 males, 11 females). and the mean death rate was 33.8 per 100,000 industrial workers during 6 years. By the highest as 52.9 was in 1974 and the lowest as 13.7 in 1970. By the industry group, the death rate of Electricity, Gas and Water was 149.3, Construction 83.9 and the lowest was Manufacturing as 18.3. 2. Standardized mortality rate of the cases by the age group showed that 20-29 years old group was 43.0, 40-49 years old group 38.1, 30-39 years old group 32.0, and the lowest as 17.9 was under 19 years old group. 3. The cumulative percentage of the cases by years of service showed that under 6 months was 60.4%, under 1 year 72.9%, under 2 years 83.1%. 4. By the month of occurrence, the highest was 15.8% which occurred in August and the lowest was 5.8% in February. The highest as 19.1% was on Friday and the lowest as 11.9% on Monday by the day of a week. 5. By the causes of accident, car accidents was 28.3%, fall accidents 19.1%, accidents by a crash 9.1% in that order. By the location of injury, head was 44.6%, multiple injuries 33.0%, chest 10.5%, and back was the lowest as 1.9%. The distribution of the cases by nature of injury shelved that cerebral contusion and hemorrhage was 39.4%, fracture and dislocation 33.2%, asphyxia 8.0% in that order. 6. The cumulative percentage of the cases by the duration from injury to death showed that the injuried day was 74.2%, within 3 days after injury 88.5%, within 7 days 96.1%. Therefore most of the cases were occurred within 7 days after injury. 7. Byythe daily mean wages, most of the cases as 91.7% were under 2,000 won, and more 4,000 won was 1.6% merely.

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A Study of the Roundabout Hump type Crosswalks Installation Criteria That Takes Into Account the Safety of Pedestrian Traffic (보행자 통행안전성을 고려한 회전교차로의 고원식횡단보도 설치기준 연구)

  • Lim, Chang-Sik;Choi, Yang-Won
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.36 no.6
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    • pp.1075-1082
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    • 2016
  • In order to calculate the optimum installation interval between a speed hump and hump type crosswalk that are installed continuously in succession, this study examined the speed of a vehicle that passes different intervals between speed humps and hump type crosswalks from the approach section of a roundabout having a maximum speed limit of 30km/h; analyzed the effects of speed humps and hump type crosswalks installed continuously in succession on vehicle driving speed; and simulated the optimum installation height of hump type crosswalk. As a result, the following conclusion was drawn. First, it was found that the optimum interval between a speed hump and hump type crosswalk, which are the representative traffic calming techniques for reducing vehicle speed, to control vehicle speed under 30km/h is 30m. Second, as a result of comparing the deceleration of a vehicle that pass hump type crosswalks, it was found that if the installation interval is 65 m and above, a speed hump and hump type crosswalk had no effect. Therefore, it is desirable that the maximum installation interval between a speed hump and hump type crosswalk for controlling vehicle speed within a fixed road section should not exceed 65m. Third, the analysis showed that the optimum installation height of hump type crosswalk is 6-8cm in case vehicle speed at the approach section is 20km/h or lower, 8-10cm in case of 30km/h, and 10cm in case of 30km/h or higher, respectively. Fourth, even at a road section on which a speed hump and hump type crosswalk are installed, speed reduction effects may sometimes be insignificant due to a driver's studying effect, traffic conditions and so on. Thus, it is judged that speed reduction effects will be greater if several traffic calming techniques such as speed hump, chicane, and choker are applied at the same time. Therefore, in case of applying traffic calming techniques for the purpose of reducing vehicle speed in order to promote pedestrian safety, the composite application of several techniques should be considered.

"Liability of Air Carriers for Injuries Resulting from International Aviation Terrorism" (국제항공(國際航空)테러리즘으로 인한 여객손해(旅客損害)에 대한 운송인(運送人)의 책임(責任))

  • Choi, Wan-Sik
    • 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.

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Examining the Relationship Among Restaurant Brand Relationship Quality, Attribution, and Emotional Response After Service Failure Experience (서비스 실패 경험 후 레스토랑 브랜드 품질, 귀인 및 감정반응 관계분석)

  • Jang, Gi-Hwa;Song, Soo-Ik;Oh, Sung-Cheon
    • Journal of the Korean Applied Science and Technology
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    • v.35 no.4
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    • pp.1120-1133
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    • 2018
  • The purpose of this study is to validate the failure attribution factors affecting emotional changes after a failed service by local restaurant users, and the relapse effects of the perceived failure of a customer's brand relationship. In this study, the implications of this study can be divided into the null theory and the homogenous theory, in which the study of the relationship between individual belief that influences the null theory and the post-gender emotional response is minimal. The independence of the crash response (angerous VS compassion) has been equally validated as building a belief-gathering-emotion three-step model. First, emotional BRQ (intimate and love) has a reduction effect on controllable geeks, and behavioral BRQ (relative existence) has an extended effect on controllable geeks. From a management perspective, restaurant managers should be less aware of the repeatability of a customer's service failure and call for customer sympathy. Integratedly, restaurant managers must control the customer's perception of service failure and restore the impact of the customer's BRQ on emotional reactions. A variety of service recovery measures should be established and the cerumen should be controlled. In addition, since BRQs have different effects on anger and sympathy (extended VS), different service failure recovery plans should be presented depending on the characteristics of the customer BRQ. For example, measures such as monetary compensation or fair dealing, emotional distribution to close and loving customers, and persuasion of reciprocal benefits to interdependent customers should be developed according to circumstances. This study explored the effectiveness of the geeks after a service failure and has limitations that do not take into account the various regulatory factors in the BRQ-return-Empression process. Thus, in further studies, the effects of adjusting service failure strength should be considered and a more complete model should be built.