• Title/Summary/Keyword: design rights

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A Study on the Problems and Countermeasures Relative to Negotiation Clause under L/C Transactions in the UCP 600

  • Kim, Dong-Chun
    • Journal of Korea Trade
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    • v.24 no.4
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    • pp.49-70
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    • 2020
  • Purpose - The UCP is recognized as the governing law for L/C transactions, but it covers only the general details of the transaction and does not cover all complex practices. In view of this limitation, this paper examines a negotiation transaction which is most actively utilized in L/C transactions via a thorough review of the UCP provisions, analyzes the problems of the negotiation clause in the UCP, and suggests appropriate countermeasures to deal with unnecessary litigation costs. By doing so, the parties involved in the negotiation transaction would be able to avoid financial costs such as having to pay for lawsuits. Design/methodology - The present study first differentiates the general types of L/Cs (e.g., sight payment L/C, deferred payment L/C, acceptance L/C, and negotiation L/C), explains and the Article 2 and Article 12(b) of the UCP 600 where the term 'negotiation' is used, digs into the drawbacks of 'negotiation' occurring under the UCP 600, and discusses solutions to the problems found by analyzing the drawbacks descriptively. Findings - After a review of the UCP provisions on negotiation in detail, several possible problems which may occur in practice were discovered. First, as the UCP stipulates, the negotiating bank will want to delay payment to the maximum extent possible and make payment on the banking day on which the issuing bank reimburses the amount. This may lead the beneficiary towards bankruptcy or put it in financial crisis. Second, when a fraudulent transaction occurs, the negotiating bank can neither request the issuing bank to reimburse nor can it exercise its recourse right against the beneficiary because it has obtained all the rights of the beneficiary by purchasing the documents. Third, there is a practice in which the beneficiary sells the documents to its transaction bank which is not the nominated bank if the nominated bank specified in the credit is located in a third country or the exporter has no relationship with the nominated bank in the credit. In this case, whether to accept this and reimburse the non-nominated negotiating bank entirely depends on the issuing bank's decision even though such practice frequently occurs in Korea. Originality/value - There has been little research effort pertaining to negotiation transactions in detail even though negotiation L/C transactions account for around 70% in world trade notwithstanding deferred payment L/Cs and acceptance L/Cs that are also negotiated in practice. Thus, if the negotiations clause under the UCP 600 provisions were reviewed and the drawbacks of the negotiation transactions most actively used in L/C transactions were identified and examined, specific countermeasures could ultimately help smoothen the operation of L/C transactions and prevent financial losses.

Assessment of Legal Instruments and Applicability to the Use of Electronic Bills of Lading

  • Lee, Un-Ho
    • Journal of Korea Trade
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    • v.24 no.2
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    • pp.31-52
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    • 2020
  • Purpose - This study mainly investigates two potential legal regimes expected to govern the use of electronic bills of lading: the Rotterdam Rules (2009) and the UNCITRAL Model Law on Electronic Transferable Records (2017). Widespread use of electronic bills of lading has been unsuccessful partly due to the absence of a uniform legal regime and protracted uncertainties. This paper aims to carry out an assessment of the possibilities where either of two potential legal regimes could provide certainty to the effect and validity of the use of electronic bills of lading, and contribute to the facilitation of electronically transferring the rights to goods carried by sea. Design/methodology - This paper first introduces two legal instruments and the relevance to electronic bills of lading. Since neither of these legal instruments has yet entered into force, the following section looks into the ratification or enactment possibilities based on a literature review and track records of the past legal regimes of the same kind. Assessment of the different adoption possibilities further requires comparative work of the two legal instruments, which will be based on an analysis of relevant provisions and a literature review. The literature review on the Rotterdam Rules delves into various studies and data produced since the UNCITRAL's adoption in 2009. The literature review on the UNCITRAL Model Law on Electronic Transferable Records heavily relies on UNCITRAL working group documents from 2011 to 2017 together with the final explanatory note. Findings - The main findings can be summarized as follows. Application of the Rotterdam Rules would negate the role of the UNCITRAL Model Law on Electronic Transferable Records assisting in the implementation of the Rotterdam Rules due to some conflicting issues. Enactment of the UNCITRAL Model Law alone can sufficiently provide a higher level of certainty in the use and effect of electronic bills of lading so long as lawmakers and parties are aware of some issues with the application. What concerns potential users most is the extension of the status quo, where neither of the legal instruments have any effect. It is necessary to take a number of alternatives into consideration, such as promotion of standard clauses and confirmation by a court ruling. Originality/value - Existing studies focus either on the Rotterdam Rules or on the UNCITRAL Model Law, but not both. Not many papers have yet dealt with the Model Law, which was adopted by UNCITRAL only 2 years ago, particularly in the context of a potential legal regime for electronic bills of lading. This paper attempts to introduce the differences between the two legal instruments in regulating the use of electronic bills of lading while providing an assessment of the various possibilities for which parties involved in international trade can be better prepared for the changing legal environment.

A Study on Developing the List of Actual Condition Research to Improve the Facilities for the handicapped, aged men, pregnant women and nursing mother - a focus on public building - (장애인ㆍ노인ㆍ임산부등의 편의 증진시설 실태조사 리스트 개발연구 -공공건물을 중심으로)

  • 유석종;양우창;유상완;온순기
    • Archives of design research
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    • v.17 no.1
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    • pp.77-88
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    • 2004
  • It was 1988 when people pay attention to an importance of the facilities for the handicapped, with Seoul Paralympics. In early 1990s, regular efforts were made to improve a physical environment for the handicapped, which results in reforming the Welfare Law for the Handicapped all over the surface. However, keeping pace with the expansion of the western universal design concept, it is required to evaluate a new concept in which way the facilities for the handicapped must be installed. That is, any physical environment, which regards the handicapped as an independent subject, tend to isolate them from normal people rather than satisfy their needs. making the handicapped feel more discriminated. All the facilities for the handicapped has to reflect a general idea that the facilities are opened for all the people including the handicapped. Being recently reformed and enacted in order to reflect this essential point, 'the raw of contributing to the convenience of the handicapped, aged men, pregnant women and nursing mother(1998)' even covers the aged men, pregnant women and nursing mother, not to mention of the handicapped. In addition, the law states clearly that all the handicapped can share all the facilities with the normal people, inducing the handicapped to more actively participate in society. Consequently, the handicapped are acquiring their rights by directly demanding for correction of varied discrimination. Though even more facilities have been provided, most of them are deficient in the quality, setting limits to the handicapped person's living field as well as social activities. Especially, most public buildings in our country rarely provide the adequate facilities for the handicapped, aged men, pregnant women and nursing mother. Therefore, this study is focused on developing the list of actual condition research that can effectively detect the inadequacy of facilities in public buildings. Then it will find the aspects to be improved in a systematic and scientific way to propose a practical method to improve the facilities in public buildings.

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Experimental Study on the Determination of Slope and Height of Curbs Considering the VRUs (교통약자를 고려한 보도의 경사도와 높이 결정을 위한 실험연구)

  • Kim, Hyunjin;Lim, Joonbeom;Choe, Byongho;Oh, Cheol;Kang, Inhyeng
    • International Journal of Highway Engineering
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    • v.20 no.1
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    • pp.107-115
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    • 2018
  • PURPOSES : As the population of the mobility handicapped, who are classified as the disabled, the elderly, pregnant women, children, etc., has increased, the voices for guaranteeing their rights have been increasing as well. Thus, the design manuals for roads and sidewalks for the mobility handicapped were developed by the local government, such as the Ministry of Land, Transport, and Tourism, in Seoul City. However, according to the 2013 survey results of the Seoul Metropolitan City, the mobility handicapped still feel uncomfortable with the sidewalks, and particularly request for the improvement of the step and slope of the sidewalk curb. Therefore, in this study, we conducted an empirical experimental study to determine the slope of the sidewalk curb and height of the steps considering the mobility handicapped and analyzed whether there is a statistically significant difference. METHODS : The methodology of this study is an empirical experimental one. In the study, five non-disabled people, 10 wheelchair users, and 10 eye patch and stick users walked about 2-3 min on the sidewalk plates of the sloped type (0%, 5%, 6.3%, 8.3%) and stepped type (0 cm, 1 cm, 3 cm, 6 cm), and their human physiological responses, such as the skin temperature, volume of perspiration on forehead and chest, and heart rate, were measured and recorded. After combining the data, we conducted a nonparametric test, ANOVA, or t-test to determine whether there was a statistically significant difference according to each slope and step type. RESULTS : It was found that for the non-disabled, there was no significant difference in human physiological responses according to the slope and steps of the sidewalk. It can be said that the non-disabled do not feel much physiological discomfort while walking. In the case of the sloped sidewalk plate, the heart rate of the wheel chair users increased when the slope was 6.3%. In the case of the eye patch and stick users, the volume of perspiration on the chest increased at a slope of 5.0%. In general, it is judged that a sidewalk with a slope that is less than 5% does not cause a change in the physiological response. In the case of a stepped sidewalk plate, when 0 cm, 1 cm, and 3 cm were compared for wheelchair users, the amount of forehead perspiration increased from 1 cm. Meanwhile, in the case of the eye patch and stick users, when 0 cm and 6 cm were compared, the amount of perspiration on the forehead and chest as well as the heart rate all increased at 6 cm. Taken together, in the case of wheelchair users, a difference was shown when the height of the step of the sidewalk plate was 1 cm, suggesting that installing it at 0 cm does not cause any physiological discomfort. Moreover, in the case of the eye patch and stick users, when comparing only 0 cm and 6 cm, 0 cm was considered to be suitable, as there was a difference in physiological response at 6 cm. CONCLUSIONS : In this study, we set the human physiological responses such as chest skin temperature, amount of perspiration, and heart rate as evaluation items, and our study was considered to be a meaningful experiment that targeted wheelchair users as well as eye patch and stick users. The validity of the evaluation items was confirmed, as the results of human physiological responses were significant. As for the sidewalk design, according to the experiment result, it is considered that differential application should be implemented according to the type of mobility handicap, rather than uniformly applying a sidewalk step of 2 cm and sidewalk slope of 1/25, which are the current legal standards.

The Effect of Hospital Service Coordinator Education Curriculum on the Education Satisfaction and the Quality of Medical Service (병원서비스코디네이터 교육과정이 교육만족과 의료서비스 품질에 미치는 영향)

  • Choi, Eun-Kyoung;Park, Chang Sik;Seo, Jong-Bum
    • The Korean Journal of Health Service Management
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    • v.2 no.1
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    • pp.137-154
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    • 2008
  • The increase of the supply of medical service and the increase of hospitals have intensified the competition of hospitals, and the advancement towards internationalization in the opening of medical industry has triggered the infinite competition of medical profession. In addition, the high expectation of customers and quality improvement in the medical care in accordance with the improvement of overall income, and the change of active role of medical consumers according to the popularization and the improvement of rights awareness reflect the customer needs and choice in the medical service. Customers wanted to receive the kind and pleasant service under the up-to-date medical service. Therefore, as a solution, hospital coordinators were emerged for the purpose of smooth treatment and customer satisfaction by generalizing all service of hospital. Accordingly, this thesis attempted to investigate the effect of hospital coordinator education curriculum on the education satisfaction and the quality of medical service. In order to solve the purpose of this study, I, author reviewed the existing literatures, established hypothesis, and verified hypothesis by using the variety of statistics techniques such as reliability, validity, frequency analysis, and regression analysis. The verification of hypothesis is as followings: First, among education training factors of hospital coordinators, the quality of instructor significantly affects the satisfaction of hospital coordinator education training. Second, among training factors of hospital coordinator, the attitude of trainee significantly affects the training satisfaction of hospital coordinator. Third, among education training factors of hospital coordinator, education course significantly affects the training satisfaction of hospital coordinator education. As the qualities of instructor are better equipped, the satisfaction of education becomes higher. It indicates that the education method of instructors is important as an index to represent the qualities of instructor such as the appropriateness of education method, preparation, passion, visual materials, the adequacy of education procession, and specialized knowledge, and it has important effect on the satisfaction of education. In order to enhance the satisfaction of hospital coordinator education, the creation of education environment, making trainee concentrate on the education, is required by appropriately allocating programs, arousing interest in education, based on the attitude of trainee, discussion, and preliminary programs, preparation, ahead of enforcement of education. Fourth, the satisfaction of hospital coordinator education training significantly affects the reliability among the qualities of medical service. Fifth, satisfaction of hospital coordinator education training significantly affects hospitality I kindness among the qualities of medical service. If the education satisfaction of trainee is high, it is effective in the practical application such as dealing with complaints, the duty performance for the patients, and so on in offering the medical service, related to reliability and furthermore, we can find the positive change in the attitude change of medical professions related to the reliability of hospital coordinator. In addition, in the process of offering medical services such as the kind explanation on the duty, rapid response to the customers inquiry, and tidy uniform, practical effect was verified. Sixth, the education training factor of hospital coordinator significantly affects the reliability among the quality of medical service. Seventh, the education training factors of hospital coordinator significantly affect hospitality/kindness. In the education of hospital coordinator, the methods to attract the interest of trainee by emphasizing reliability should be sought and for gaining the practical effect of hospital coordinator education, the sufficient preparation and investigation on the education curriculum should be prerequisite and under this condition, intensified discussion on the instructor and education course is needed. In the design of education course, more education hours and subjects should be allocated in the part of hospitality in order to improve the practical application of hospitality. Therefore, it is meaningful in a sense that this study newly approached the components of hospital coordinator education and the need to modify the quality components of medical service in accordance with the study subjects was raised. This study also finds its meaning in that it provides basic materials for the study of future hospital coordinator education by suggesting the system development model of hospital coordinator education through preliminary study of education training. In addition, this study is meaningful in the aspect that it suggested the direction of education training by showing how the hospital coordinator education training would applied to the hospital coordinator course of the Continuing Education Center at Pusan and Kyungnam National University to some extent. Since all investigation of this study was approached from the side of hospital coordinator, the thoughts of patients who are beneficiaries of medical service, and care givers cannot be identified. Therefore, the satisfaction of patients and care givers through the experience of medical service, which is the essential prerequisite of medical service, should be importantly considered and investigated. Accordingly, The study of comparing and analyzing the views of both patients and care givers should be carried out in the future.

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Patterns of Cash Payments for Care : Cross-National Comparative Study (장기요양 현금급여 정책의 국가간 비교 연구)

  • Seok, Jae-Eun
    • Korean Journal of Social Welfare
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    • v.58 no.2
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    • pp.273-302
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    • 2006
  • The introduction of cash payments for care is a distinct trend that characterizes changes in care policies since the 1990s. Recently, many developed countries have newly introduced or extended cash payments for care that allow care users to be able to plan themselves for their cares instead of receiving direct care services from the state. Cash payments for care can be said to be one of the alternative policies by which user choices are extended, and it becomes possible to establish demand-cantered care delivery systems more economically and effectively, hence addressing the issue of the financial limitations and rigid systems that are common in modern welfare states, which make it difficult to response to various needs. However, the design and administration of cash for care vary across different countries. Such variations of cash for care policies influence on the combination of consumerism (based on liberal market values intrinsic in the care market) and citizenship based on social solidarity. Those variations eventually produce impacts on the balance of responsibilities and the roles of families, the state and market regarding care in other words, balancing of welfare pluralism. This paper has attempted to find general meanings and particularity of cash for care polices in modem welfare states by means of looking at the characteristics of cash for care policies of four different countries (Netherlands, France, Germany and Italy) and their impacts on their care market. If the four countries are ranked by the degree that they emphasize citizenship in light with social rights, the Netherlands, France, Germany and Italy could be placed in due order. From an economic point of view and in terms of cost containment, those countries will be placed in an inverse order, It is apparent that in the course of planting cash for care policies in the existing social systems involving different socio-cultural conditions and labour markets, sometimes more emphasis is placed on the citizenship of care users, family carers and care providers than on cost containment issue, and sometimes vice versa. Behind this lies the process of different social valuation on what care is about; who can better deliver care; who should be responsible for care; how responsibilities should be shared and so on.

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The effect of practical reasoning Home Economics instruction on morality of middle school students (실천적 추론 가정과 수업이 중학생의 도덕성에 미치는 효과)

  • 채정현;유태명;박미정;이지연
    • Journal of the Korean Home Economics Association
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    • v.41 no.12
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    • pp.53-68
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    • 2003
  • The purpose of this study was to develop lesson plans and teaching materials applying practical reasoning instruction for the 7th home economics curriculum content, and to test the effect of practical reasoning instruction on morality of middle school students. This study is a quasi-experimental research with a pretest-posttest design. Practical reasoning instruction for experimental group and traditionally lecture oriented instruction for comparison group were input, and tested the statistical differences between two groups before and after the treatment. The subjects for this study were 8th grade students of a middle school located in Kwangju city. Two classes of 76 students homogeneous in characteristics and academic record for each experimental and comparison group were assigned. Instrument used for this study was a revised moral indicator, that was developed by KEDI(2001). Spss/win for 10.0 statistics program was used for analysis of data. ANCOVA was done for testing statistical difference between pretest and posttest of experiment group and comparison group. Result of study which showed statistically significant difference between groups were:1. Virtue of "responsibility for words and deeds"(from 3.22 to 3.61 for experimental group and from 3.27 to 3.26 for comparison group) in domain of responsibility and cooperation, and virtue of "punctuality"(from 3.59 to 3.76 for experimental group and from 3.41 to 3.28 for comparison group) in domain of trustworthiness, 2. Virtue of "conversation etiquette"(from 3.47 to 3.67 for experimental group and from 3.28 to 3.31 for comparison group) in domain of caring for others, 3. Virtue of "forgiveness other′s mistakes"(from 3.32 to 3.65 for experimental group and from 3.33 to 3.25 for comparison group) in domain of kindness, concession, forgiveness, and virtue of "volunteering activity"(from 2.89 to 3.71 for experimental group and from 3.36 to 3.45 for comparison group) in domain of compassion and service, 4. Virtue of "equip the convenient facility for handicapped"(from 4.19 to 4.29 for experimental group and from 4.17 to 3.91 for comparison group) in domain of equality and human rights, virtue of "recovering selfness for own community"(from 2.34 to 2.79 for experimental group and from 2.14 to 2.29 for comparison group), virtue of "opposing way of accomplishing purpose by an means"(from 3.27 to 3.31 for experimental group and from 3.47 to 3.05 for comparison group), virtue of "opposing election of considering acquaintance"(from 3.35 to 3.56 for experimental group and from 3.12 to 3.14 for comparison group) in domain of fairness, and virtue of "eradication of military force or violence among countries"(from 3.49 to 3.57 for experimental group and from 3.38 to 3.05 for comparison group) in domain of love for humanity. The morality of experimental group was improved more than that of comparison group in all of above items. From the results of this study, following conclusion was drawn. Practical reasoning instruction in home economics is effective in raising students′ virtue and value of responsibility in words and deeds, trustworthiness in punctuality, courtesy of not interrupting conversation, forgiveness of other′s mistakes, volunteering activity, equity for handicapped, fairness opposing selfness for own community, fairness opposing way of accomplishing purpose by all means, fairness opposing election of considering acquaintance, and love for humanity opposing war.

Effects of Entrepreneurial Competencies on Entrepreneurial Satisfaction and Life Satisfaction: Moderator Effect of Person-Job Fit (창업가역량이 창업만족도와 삶의 만족도에 미치는 영향: 직무적합도의 조절효과 검증)

  • Lee, Sung Ho;Nam, Jung Min
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.16 no.4
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    • pp.85-99
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    • 2021
  • Due to the continuous unemployment problem, the number of jobs is gradually decreasing, and entrepreneurship is emerging as an alternative. This is because, despite the government operating various start-up support programs to build a start-up-friendly culture, young entrepreneurs cannot endure the valley of death and disappear. Therefore, through this study, we intend to provide implications by analyzing the impact on Entrepreneurial satisfaction, which is essential for continuously running a business, and life satisfaction, which can act as a social awareness. This study was conducted with 573 non-wage workers who belonged to the founders among the participants of the 'College Graduation Occupational Migration Path Survey(GOMS)' survey provided by the Korea Employment Information Service. In order to analyze the relationship between entrepreneurial competency and job fit, Entrepreneurial satisfaction, and life satisfaction, the analysis was conducted using the SPSS 23.0 program. The main research results are summarized as follows. First, entrepreneurial competency has a positive effect on Entrepreneurial satisfaction and life satisfaction. Second, job fit indicates a moderating role in the relationship between entrepreneurial competency and Entrepreneurial satisfaction. Third, start-up satisfaction appears to have a partial mediating role in the relationship between entrepreneurial competency and life satisfaction. Fourth, as a result of analyzing the difference between groups according to the type of start-up(single/partnership), the group that worked together showed higher Entrepreneurial satisfaction and life satisfaction. The main implications of this study are: First, in order to increase the Entrepreneurial satisfaction and life satisfaction of university graduates who are the subject of the study, it will be necessary to design a program that can diagnose and enhance the entrepreneurial competency of students at the university level. Second, entrepreneurial competency is a basic intrinsic factor that founders must have, and it should act as an important evaluation factor when selecting founders for support programs from start-up support organizations as well as founders. Third, it is necessary to maintain mutual trust by documenting problems (positions, wages, management rights, distribution of profits, etc.) that may occur in joint ventures with objective data. Fourth, it is necessary to establish an environment in which the MZ generation, armed with the challenging spirit and creativity, can continue to take on challenges even if they fail.