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A Case Study on the Risk Sharing Structure of Service Contracts in Global Logistics Outsourcing: Comparison of Korea with Foreign Companies (국제물류 계약에서 리스크 공유에 대한 계약서 조항 사례연구 : 국내와 해외 기업 간 비교를 중심으로)

  • Kim, Jin-Su;Song, Sang-Hwa
    • International Commerce and Information Review
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    • v.15 no.1
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    • pp.35-65
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    • 2013
  • In December 2012, the Ministry of Land, Transport and Maritime Affairs and Ministry of Knowledge Economy held a commission and distributed a standardized logistics contract between the shipper and the logistics companies in order to spread and to promote contract standardization. With such background in place, this study examines the leading research on different types and attributions in present logistics contracts in order to propose guidelines for creating contract clauses that would lead to a win-win relationship among the parties involved in the logistics outsourcing relationships. This study further compares and contrasts the concreteness of local and international logistics contracts through case studies, and provides practical thought-provoking points on concretization of clauses on potential risks and additional expenses for local logistics companies when signing logistics contracts. Firstly, the composition and contents of both local and international logistics contracts are similar in the way that both deal with the basic principles between the concerned parties such as the following: contract terms, validity, scope of work, operational procedures, payment terms, and dispute resolutions. Secondly, for flexibility of potential dispute resolution, both logistics contracts define the definition of dispute and follow the classical contractual approach of dispute resolution through third-party arbitration. Thirdly, compared to local contracts, international logistics contracts provide more concretized and specific clauses on the occurrence of potential risks and hazards; on the other hand, compared to international logistics contracts, it seemed that local contracts contained more clauses in favor of the shipper. This research then suggests ideas to eliminate the classic tradition - logistics companies enduring the damages that occur as a result of the structural differences between the shipper and the logistics companies - through efforts to actively negotiate in advance the predictable problems and risks and by reflecting the mutually agreed points in the contract, and further offers guidelines on contract concretization for distribution of standardized logistics contracts in the future.

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Foliar-application Effects of Urea and Potassium Phosphate on Fruit Characteristics and Reserve Accumulations of Persimmon Trees 75%-defoliated in Early Autumn (요소 및 제일인산칼륨 엽면시비가 초가을 잎 손실 감나무의 과실 특성과 저장양분 축적에 미치는 영향)

  • Choi, Seong-Tae;Park, Doo-Sang;Ahn, Gwang-Hwan;Kim, Sung-Chul;Choi, Tae-Min
    • Korean Journal of Soil Science and Fertilizer
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    • v.46 no.1
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    • pp.53-57
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    • 2013
  • A severe defoliation by typhoon in early autumn reduces fruit quality for the current season and reserve accumulations for the next season. This study was conducted to determine the effects of foliar applications during the autumn on alleviating the damages after defoliation. Leaves of 2-year-old 'Fuyu' trees, grown in 50-L pots under a rain-shelter, were 75%-defoliated on September 9. In mid-September and early October, trees were treated either with eight foliar applications of urea or with four alternating applications of urea and $KH_2PO_4$ (urea + KP application), all at 0.5% (w/v). Trees untreated after the defoliation served as the control. The urea applications slightly increased N and P concentrations of the leaves collected on November 6, while urea + KP applications significantly increased P and K concentrations. Foliar applications did not affect fruit growth, but tended to decrease skin coloration. Fruit soluble solids increased by 1.5 and $1.0^{\circ}Brix$ for urea and urea + KP applications, respectively. There was a significant increase in dry weight of fine root for the foliar application treatments but not in those of aerial woods and larger roots. With the foliar applications, N concentration tended to increase in the permanent organs but not P and K, whereas soluble sugars and starch notably increased in shoot, trunk, or fine root regardless of the different applications. Results indicated that the foliar applications could partially help to restore fruit quality and carbohydrate accumulations in the defoliated trees.

The Effect of Vitamin E on the Composition of inflammatory Cells in Alveoli after Paraquat Intoxication in Rats (Paraquat에 의한 급성 폐손상에서 Vitamin E처치가 기관지폐포 세척액내 세포조성에 미치는 영향)

  • Song, Kwang-Seon;Lee, Won-Yeon;Cho, Do-Yeun;Yong, Suk-Joong;Shin, Kye-Chul
    • Tuberculosis and Respiratory Diseases
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    • v.44 no.6
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    • pp.1332-1342
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    • 1997
  • Background : Acute pulmonary injury by paraquat are caused by multiple mechanisms including direct injury with oxygen free radicals and several mediators released from inflammatory cells. In order to clarify whether vitamin E could reduce tissue damages induced by intraperitoneal administration of paraquat and to investigate the pathogenetic mechanisms of paraquat-induced pulmonary injury, vitamin E as a free radical scavenger was administered. Method : Rats were divided into three groups (group 1 : control, group 2 : paraquat treated group, group 3 : paraquat and vitamin E treated group). Animals were sacrificed on day 1, day 2, day 3, and day 8 after the administration of saline, paraquat, or paraquat/vitamin E. Results : Treatment with vitamin E decreased the death rate of rats treated with paraquat. Comparing with control group ($1.37{\times}10^6/ml$), mean total cell counts recovered from the lavage fluid from animals treated with paraquat($1.65{\times}10^6/ml$) were increased(p=0.06). Magnitudes of increment of the total cell counts on the Day 8 in the vitamin E treated group were smaller than those of the animals treated with paraquat alone. The neutrophils began to appear in significant amounts in the lavage fluid on Day 8 after the administration of paraquat(37.0+12.7%). A significant decreasing neutrophil concentration at Day 8 was observed in the paraquat/vitamin E treated group(20.6+13.4%). Histologically the degree of pulmonary fibrosis was most prominent in the paraquat treated group while diffuse alveolar damage was continuously observed in the paraquat/vitamin E treated group and extensive interstitial lymphocytic infiltration was seen in the paraquat/vitamin E treated group. The paraquat/vitamin E treated group showed the less histologic changes. Conclusion : In this study vitamin E acting as a scavenger of neutrophil-derived free radicals and suppressant of lipid peroxidation, seemed to be the effective antioxidant in the inhibition of paraquat-induced pulmonary injury.

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Relationship between Knowledge, Attitude, Behavior, and Self-Efficacy on the Radiation Safety Management of Radiation Workers in Medical Institutions (의료기관 방사선종사자의 방사선안전관리에 대한 지식, 태도 및 행위와 자기효능감 간의 관련성)

  • Han, Eun-Ok
    • Journal of Radiation Protection and Research
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    • v.32 no.2
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    • pp.89-96
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    • 2007
  • Radiation safety managements in medical institutions are needed to protect certain radiation damages as a part of National Coalition. This study investigates the characteristics of self-efficacy that become the major factor on the knowledge, attitude, and behavior on the radiation safety management of radiation workers as an approach of educational aspects and analyzes the relationship between such factors to provide basic materials for improving the activity level of radiation safety managements. In order to implement the goal or this study, a survey was performed for 1,200 workers who were engaged in radiation treatments in medical centers, such as general hospital, university hospital, private hospital, and public health center for 42 days from July 23,2006. Then, the results of the analysis can be summarized as follows: 1. Average scores on knowledge, attitude, and behavior in the radiation safety management were presented as $75.76{\pm}11.20$, $90.55{\pm}8.59$, $80.58{\pm}11.70$, respectively. Also, the average score of self-efficacy was recorded as $73.55{\pm}9.82$. 2. Knowledge levels in the radiation safety management showed significant differences according to the sex, age, marriage, education, and experience. Also, males of married, older, highly educated, and largely experienced represented high knowledge levels. Attitude levels in the radiation safety management showed certain significant differences according to the type of medical centers in which private hospitals showed a relatively low level compared to that of high levels in university hospitals. Behavior levels in the radiation safety management also represented significant differences according to the age, marriage, education, experience, and types of medical centers. Factors in married, general hospital, older, highly educated, and largely experienced showed high behavior levels. In addition, the self-efficacy showed certain differences according to the marriage and types of medical centers. Factors in married and general hospital demonstrated high self-efficacy levels. 3. Relationship between knowledge, attitude, behavior, and self-efficacy on the radiation safety management showed statistical differences according to the relationship between the knowledge and the attitude, the knowledge and the behavior, the attitude and the behavior, the attitude and the self-efficacy, and the behavior and the self-efficacy. The relationship between the behavior and the self-efficacy was represented as r = 0.482, which was the strongest relationship in such factors. Also, the knowledge and self-efficacy didn't show certain relationships.

A Cargo Insurer's Right of Direct Action against P&I Club - Focused on Docket No.2012 gadan 503694 in Seoul Central District Court- (선주상호보험조합에 대한 적하보험자의 직접청구권 -서울중앙지방법원 2012가단503694 판결을 중심으로-)

  • Lee, Wonjeong
    • Journal of Korea Port Economic Association
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    • v.30 no.4
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    • pp.111-130
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    • 2014
  • The article 742(2) of the Korean Commercial Code allowed the third party to invoke a direct action against the insurer under a liability insurance. Meanwhile, the owners of the vessel enter into the P&I Insurance Contract with the P&I Club to indemnify all kinds of liability or expenses involved in the operation of its vessel. However, the Rule Book under the P&I Insurance mostly included the Pay to be Paid Clause which precludes the third party's direct action. Recently, the Seoul Central District Court passed a judgement on the validity of the Pay to be Paid Clause under the Korean law against the third party i.e. the cargo insurer having the right of subrogation. The court held that (1) the third party's right of direct action is not the right to claim insurance money but the right to claim damages against the P&I Club, (2) the insurer under a liability insurance is deemed to assume liability jointly and severally with the insured against the third party, (3) the Article 742(2) of the Korean Commercial Code is considered as a compulsory provision because it was invented to protect the innocent third party, the Paid to be Paid Clause is thus null and void. The purpose of this article is to evaluate the appropriateness of this court's judgments by comparative analysis of Korean and English law, and to suggest the relevant amendments of the Korean Commercial Code in order to prevent further legal disputes. The article criticizes the decision of the Seoul Central District Court, taking the attitude that, since the third party's right is the right to claim insurance money, the Paid to be Paid Clause is valid against the third party.

Improvements in the Marine Environmental Survey on Impact of Seawater Qualities and Ecosystems due to Marine Sand Mining (바다모래 채취 시 해수 수질 및 생태계 영향에 대한 해양환경조사 개선 방안)

  • Kim, Yeong-Tae;Kim, Gui-Young;Jeon, Kyeong-Am;Eom, Ki-Hyuk;Kim, In-Chul;Choi, Bo-Ram;Kim, Hee-Jung;Kim, Jin-Min
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.20 no.2
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    • pp.143-156
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    • 2014
  • We reviewed investigation status on turbidity plume in the statement of marine environmental survey(2008 to 2012) associated with marine sand extraction projects. The survey statement from seven marine sand extraction sites (extraction area of Southern EEZ, extraction area of Western EEZ, relocation zone in the Western EEZ, sea area under jurisdiction of Taean-gun, sea area under jurisdiction of Ansan City, and two discrete sea areas under jurisdiction of Ongjin-gun) in the nearshore and offshore of Korea showed that in situ observations were carried out for the dispersion and transport of suspended sediments on two areas (One is a extraction area in the EEZs, the other is an area of coastal sites). However, sampling station and range have not been selected considering physical, geographical factors (tide, wave, stratification, water depth, etc.) and weather conditions (wind direction and velocity, fetch, duration, etc). Especially turbidity plumes originating from three sources, which include suspended sediments in overflow(or overspill) discharged from spillways and reject chutes of dredging vessel, and resuspended sediments from draghead at the seabed, may be transported to a far greater distance outside the boundary of the extraction site and have undesirable impacts on the marine environment and ecosystem. We address that behaviour of environmental pollutants such as suspended solids, nutrients, and metals should be extensively monitored and diagnosed during the dispersion and transport of the plume. Finally we suggest the necessity to supplement the current system of the sea area utilization consultation and establish the combined guidelines on marine sand extraction to collect basic data, to monitor cumulative effects, and to minimize environmental damages incurred by the aftermath of sand extraction.

Determination of proper ground motion prediction equation for reasonable evaluation of the seismic reliability in the water supply systems (상수도 시스템 지진 신뢰성의 합리적 평가를 위한 적정 지반운동예측식 결정)

  • Choi, Jeongwook;Kang, Doosun;Jung, Donghwi;Lee, Chanwook;Yoo, Do Guen;Jo, Seong-Bae
    • Journal of Korea Water Resources Association
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    • v.53 no.9
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    • pp.661-670
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    • 2020
  • The water supply system has a wider installation range and various components of it than other infrastructure, making it difficult to secure stability against earthquakes. Therefore, it is necessary to develop methods for evaluating the seismic performance of water supply systems. Ground Motion Prediction Equation (GMPE) is used to evaluate the seismic performance (e.g, failure probability) for water supply facilities such as pump, water tank, and pipes. GMPE is calculated considering the independent variables such as the magnitude of the earthquake and the ground motion such as PGV (Peak Ground Velocity) and PGA (Peak Ground Acceleration). Since the large magnitude earthquake data has not accumulated much to date in Korea, this study tried to select a suitable GMPE for the domestic earthquake simulation by using the earthquake data measured in Korea. To this end, GMPE formula is calculated based on the existing domestic earthquake and presented the results. In the future, it is expected that the evaluation will be more appropriate if the determined GMPE is used when evaluating the seismic performance of domestic waterworks. Appropriate GMPE can be directly used to evaluate hydraulic seismic performance of water supply networks. In other words, it is possible to quantify the damage rate of a pipeline during an earthquake through linkage with the pipe failure probability model, and it is possible to derive more reasonable results when estimating the water outage or low-pressure area due to pipe damages. Finally, the quantifying result of the seismic performance can be used as a design criteria for preparing an optimal restoration plan and proactive seismic design of pipe networks to minimize the damage in the event of an earthquake.

The Duty and Liability of the Carrier in Relation to Cargo Delivery in the International Air Transport of Cargo (국제항공화물운송에 있어서 운송인의 화물인도 의무와 책임)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.2
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    • pp.71-96
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    • 2006
  • This paper intends to describe the carrier's duty for the delivery of international air cargo and the carrier's liability for the illegal delivery of cargo under the Montreal Convention, lATA Conditions of Carriage for Cargo and judicial precedents. Under the Article 13 of Montreal Convention, the consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to deliver the cargo to it, on payment of the charge due and on complying with the conditions of carriage. And unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives. Under the Article 18 of Montreal Convention, the carrier is liable for damage sustained in the event of the destruction or less of or damage to, cargo upon condition only that the event which caused the damage so sustained took place during the carriage by air. And the carriage by air comprises by the period during which the cargo is in the carriage of the carrier. Under the Article 11 of lATA Conditions of Carriage for Cargo, carrier is liable to shipper, consignee of any other person for damage sustained in the event of destruction of loss of, or damage to, or delay in the carriage of cargo only if the occurrence which caused to the damage so sustained took place during the carriage as defined under Article 1. According to the precedent of Korean Supreme Court sentenced on 22 July 2004, the freight forwarder as carrier was not liable for the illegal delivery of cargo to the notify party (actual importer) on the airway bill by the bonded warehouse operator because the freight forwarder did not designate the bonded warehouse and did not hold the position of employer to the bonded warehouse operator. In conclusion, the carrier or freight forwarder should pay always attention the movement and condition of the cargo not to be liable for the illegal delivery of cargo.

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Financial Fraud Detection using Text Mining Analysis against Municipal Cybercriminality (지자체 사이버 공간 안전을 위한 금융사기 탐지 텍스트 마이닝 방법)

  • Choi, Sukjae;Lee, Jungwon;Kwon, Ohbyung
    • Journal of Intelligence and Information Systems
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    • v.23 no.3
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    • pp.119-138
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    • 2017
  • Recently, SNS has become an important channel for marketing as well as personal communication. However, cybercrime has also evolved with the development of information and communication technology, and illegal advertising is distributed to SNS in large quantity. As a result, personal information is lost and even monetary damages occur more frequently. In this study, we propose a method to analyze which sentences and documents, which have been sent to the SNS, are related to financial fraud. First of all, as a conceptual framework, we developed a matrix of conceptual characteristics of cybercriminality on SNS and emergency management. We also suggested emergency management process which consists of Pre-Cybercriminality (e.g. risk identification) and Post-Cybercriminality steps. Among those we focused on risk identification in this paper. The main process consists of data collection, preprocessing and analysis. First, we selected two words 'daechul(loan)' and 'sachae(private loan)' as seed words and collected data with this word from SNS such as twitter. The collected data are given to the two researchers to decide whether they are related to the cybercriminality, particularly financial fraud, or not. Then we selected some of them as keywords if the vocabularies are related to the nominals and symbols. With the selected keywords, we searched and collected data from web materials such as twitter, news, blog, and more than 820,000 articles collected. The collected articles were refined through preprocessing and made into learning data. The preprocessing process is divided into performing morphological analysis step, removing stop words step, and selecting valid part-of-speech step. In the morphological analysis step, a complex sentence is transformed into some morpheme units to enable mechanical analysis. In the removing stop words step, non-lexical elements such as numbers, punctuation marks, and double spaces are removed from the text. In the step of selecting valid part-of-speech, only two kinds of nouns and symbols are considered. Since nouns could refer to things, the intent of message is expressed better than the other part-of-speech. Moreover, the more illegal the text is, the more frequently symbols are used. The selected data is given 'legal' or 'illegal'. To make the selected data as learning data through the preprocessing process, it is necessary to classify whether each data is legitimate or not. The processed data is then converted into Corpus type and Document-Term Matrix. Finally, the two types of 'legal' and 'illegal' files were mixed and randomly divided into learning data set and test data set. In this study, we set the learning data as 70% and the test data as 30%. SVM was used as the discrimination algorithm. Since SVM requires gamma and cost values as the main parameters, we set gamma as 0.5 and cost as 10, based on the optimal value function. The cost is set higher than general cases. To show the feasibility of the idea proposed in this paper, we compared the proposed method with MLE (Maximum Likelihood Estimation), Term Frequency, and Collective Intelligence method. Overall accuracy and was used as the metric. As a result, the overall accuracy of the proposed method was 92.41% of illegal loan advertisement and 77.75% of illegal visit sales, which is apparently superior to that of the Term Frequency, MLE, etc. Hence, the result suggests that the proposed method is valid and usable practically. In this paper, we propose a framework for crisis management caused by abnormalities of unstructured data sources such as SNS. We hope this study will contribute to the academia by identifying what to consider when applying the SVM-like discrimination algorithm to text analysis. Moreover, the study will also contribute to the practitioners in the field of brand management and opinion mining.

An Analysis of Growth Conditions of old Trees in Yangdong Villages (양동마을의 노거수 생육실태 분석)

  • Kim, Young-Hun;Deng, Bei-Jia;You, Ju-Han
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.38 no.2
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    • pp.95-107
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    • 2020
  • The purpose of this study is to provide the basic data by analyzing and analysing the Growth Conditions of old Trees in Yangdong village. This study investigated about the conducted on tree information, soil information, and tree health. The result are as follows. The trees information in Yangdong Village consists of Juniperus chinensis, Salix chaenomeloides, Salix pseudolasiogyne, Celtis sinensis, Zelkova serrata, Gleditsia japonica, and Gleditsia sinensis trees, The range of height was 4.0~17.0m, and the diameter was 0.51~1.34m, Juniperus chinensis trees of No.17 was most large. In the results of soil analysis, there showed that acidity was pH4.1~6.3, hardness of 5~48mm, organic matter content of 21.2~29.1g/kg, electrical conductivity(EC) of 0.34~1.76dS/m, available P2O5 of 79.8~451.6mg/kg, exchangeable K of 0.22~1.71cmol+/kg, exchangeable Ca of 4.98~7.44cmol+/kg, exchangeable Mg of 0.67~2.19cmol+/kg, exchangeable Na of 0.19~1.04cmol+/kg and cation exchange capacity(C.E.C) of 7.23~13.02cmol+/kg. As a result, the highest number of tree health levels is 8 of 11trees of Celtis sinensis, 2 of 7trees of Zelkova serrata, and 3 of Gleditsia sinensis, and 13 of 30 trees of health levels, The Older trees with high infection, spoil and hollowed part were the remaining trees except for the healthy part. Relatively, more than half of the number of targets is infected, decay, and the hollowed site, and it is necessary to perform surgery on the damaged area. In addition, preservation and protection measures should be implemented by supplying root nutrients for trees, controlling nutrients in the body to prevent secondary and tertiary damages that cause the infection site to metastasize to the health site, In order to continually monitor the trees, measures to improve the location environment and management of the trees should be sought.