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The Method of appointing arbitrators m Multi-Party Arbitration (다수당사자중재에 있어서 중재인 선정방법)

  • Kang, Su-Mi
    • Journal of Arbitration Studies
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    • v.18 no.2
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    • pp.79-102
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    • 2008
  • When several parties are involved in a dispute, it is usually considered desirable that the issues should be dealt with in the same proceedings, rather than in a series of separate proceedings. This saves time and money. It avoids the possibility of conflicting decisions on the same issues of law and fact, since all issues are determined by the same tribunal at the same time. Where there is a multi-party arbitration, it may be because there are several parties to one contract, or it may be because there are several contracts with different parties that have a bearing on the matters in dispute. In international trade and commerce, for individuals, corporations or state agencies to join together in a joint venture or consortium or in some other legal relationship of this kind, in order to enter into a contract with another party or parties, where such a contract contains an arbitration clause and a dispute arises, the members of the consortium or joint venture may decided that they would each like to appoint an arbitrator. A different problem arises where there are several contracts with different parties, each of which has a bearing on the issues in dispute. A major international construction project is likely to involve not only the employer and the main contractor, but also a host of special suppliers and sub-contractors. Each of them will be operating under different contracts often with different choice of law and arbitration clauses. The appointment of the arbitrator or the composition of the arbitral tribunal should be in accordance with the agreement of the parties. The parties have to be equally treated in the constituting of the arbitral tribunal and the arbitral proceedings. However, the right of the parties to nominate a member of the arbitral tribunal could be taken away from them, if they are subject to the restrictions by means of the law of the country where the arbitration is taking place. That is, multiple parties jointly should nominate one arbitrator, where there they have to exercise their substantive right in common, or one of them exert his substantive right, then it has an effect on another parties, or they, whether as claimant or as respondent, get the same or similar treatment in the arbitral procedure. Therefore it is necessary to intend to settle multi-party disputes quickly and efficiently.

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The Heterogeneous Impacts of Agricultural R&D on Farm Efficiencies by Farm Income levels (농업 R&D투자의 형평성 분석: 농가단위 효율성에 미치는 영향의 소득계층별 차이를 중심으로)

  • Kim, Jae-Kyung
    • Journal of Technology Innovation
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    • v.21 no.1
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    • pp.27-57
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    • 2013
  • The projects of agricultural R&D investments have been evaluated largely on the basis of efficiency better than equity although both criteria are equally critical in that major fund source of agricultural R&D investments is public budget. In this study, I focus on equity aspects by identifying the heterogeneous impacts of public knowledge created by R&D on farm efficiencies by farm income levels using bias-corrected DEA and quantile regression with panel data. The findings indicate that entire farms haven't been likely to be benefited evenly from public knowledge stock created by agricultural R&D, in particular high income farms can have enjoyed relatively more benefits of its in terms of efficiency gain. Those can imply agricultural R&D have functioned in the way analogue to digressive subsidies. In addition, the heterogeneous technological needs different among income level farms turns out to be main underlying factors affecting such the skewed benefit distribution of agricultural R&D over different income level farms.

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Massive Surveillance by US-UK intelligence services : Crisis of the Internet and the Rule of Law (미국/영국 정보기관의 무차별 정보수집행위: 인터넷과 법치주의의 위기)

  • Kim, Keechang
    • Review of Korean Society for Internet Information
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    • v.14 no.3
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    • pp.78-85
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    • 2013
  • The revelations made possible by Edward Snowden, a contractor of the US intelligence service NSA, are a sobering reminder that the Internet is not an 'anonymous' means of communication. In fact, the Internet has never been conceived with anonymity in mind. If anything, the Internet and networking technologies provide far more detailed and traceable information about where, when, with whom we communicate. The content of the communication can also be made available to third parties who obtain encryption keys or have the means of exploiting vulnerabilities (either by design or by oversight) of encryption software. Irrebuttable evidence has emerged that the US and the UK intelligence services have had an indiscriminate access to the meta-data of communications and, in some cases, the content of the communications in the name of security and protection of the public. The conventional means of judicial scrutiny of such an access turned out to be ineffectual. The most alarming attitude of the public and some politicians is "If you have nothing to hide, you need not be concerned." Where individuals have nothing to hide, intelligence services have no business in the first place to have a peek. If the public espouses the groundless assumption that State organs are benevolent "( they will have a look only to find out whether there are probable grounds to form a reasonable suspicion"), then the achievements of several hundred years of struggle to have the constitutional guarantees against invasion into privacy and liberty will quickly evaporate. This is an opportune moment to review some of the basic points about the protection of privacy and freedom of individuals. First, if one should hold a view that security can override liberty, one is most likely to lose both liberty and security. Civilized societies have developed the rule of law as the least damaging and most practicable arrangement to strike a balance between security and liberty. Whether we wish to give up the rule of law in the name of security requires a thorough scrutiny and an informed decision of the body politic. It is not a decision which can secretly be made in a closed chamber. Second, protection of privacy has always depended on human being's compliance with the rules rather than technical guarantees or robustness of technical means. It is easy to tear apart an envelope and have a look inside. It was, and still is, the normative prohibition (and our compliance) which provided us with protection of privacy. The same applies to electronic communications. With sufficient resources, surreptitiously undermining technical means of protecting privacy (such as encryption) is certainly 'possible'. But that does not mean that it is permissible. Third, although the Internet is clearly not an 'anonymous' means of communication, many users have a 'false sense of anonymity' which make them more vulnerable to prying eyes. More effort should be made to educate the general public about the technical nature of the Internet and encourage them to adopt user behaviour which is mindful of the possibilities of unwanted surveillance. Fourth, the US and the UK intelligence services have demonstrated that an international cooperation is possible and worked well in running the mechanism of massive surveillance and infiltration into data which travels globally. If that is possible, it should equally be possible to put in place a global mechanism of judicial scrutiny over a global attempt at surveillance.

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TAp73 and ΔNp73 Have Opposing Roles in 5-aza-2'-Deoxycytidine-Induced Apoptosis in Breast Cancer Cells

  • Lai, Jing;Yang, Fang;Zhang, Wenwen;Wang, Yanru;Xu, Jing;Song, Wei;Huang, Guichun;Gu, Jun;Guan, Xiaoxiang
    • Molecules and Cells
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    • v.37 no.8
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    • pp.605-612
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    • 2014
  • The p73 gene contains an extrinsic P1 promoter and an intrinsic P2 promoter, controlling the transcription of the pro-apoptotic TAp73 isoform and the anti-apoptotic ${\Delta}Np73$ isoform, respectively. The DNA methylation status of both promoters act equally in the epigenetic transcriptional regulation of their relevant isoforms. The aim of this study was to analyze the different effects of these p73 isoforms in 5-aza-2'-deoxycytidine (5-aza-dC)-induced apoptosis in breast cancer cells. We investigated the effects of the DNA demethylation agent, 5-aza-dC, on the T-47D breast cancer cell line, and evaluated the methylation status of the p73 promoters and expression of TAp73 and ${\Delta}Np73$. Furthermore, we assessed the expression of p53 and p73 isoforms in 5-aza-dC-treated T-47D cells and p53 knockout cells. 5-aza-dC induced significant anti-tumor effects in T-47D cells, including inhibition of cell viability, G1 phase arrest and apoptosis. This was associated with p73 promoter demethylation and a concomitant increase in TAp73 mRNA and protein expression. In contrast, the methylation status of promoter P2 was not associated with ${\Delta}Np73$ mRNA or protein levels. Furthermore, demethylation of P2 failed to inhibit the expression of ${\Delta}Np73$ with 5-aza-dC in the p53 knockdown cell model. Our study suggests that demethylation of the P1 and P2 promoters has opposite effects on the expression of p73 isoforms, namely up-regulation of TAp73 and down-regulation of ${\Delta}Np73$. We also demonstrate that p53 likely contributes to 5-aza-dC-induced ${\Delta}Np73$ transcriptional inactivation in breast cancer cells.

A Study on perception of effects about ISM Code amendments (ISM Code 개정 시 미치는 영향 인식에 관한 연구)

  • Lim, Sung-Yong;Jo, Min-Chul
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2013.06a
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    • pp.163-165
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    • 2013
  • IMO(International Maritime Organization) is existed the movement for revising ISM Code so that the maintenance history and the trouble information given trading in a ship can be transferred. An empirical analysis was made on the influence that will have upon shipping industry through surveying on the recognition on ISM Code revision in employees of the relevant field and on the expected problems given being amended ISM Code as the above. In conclusion, the positive effect is judged to be more in the aspect of ship safety, which is the aim of ISM Code, rather than the negative effect, which may take place given being revised ISM Code. In other words, the clean market can be formed through this because fairness is maintained on both sides given trading in a ship by which opening the maintenance record and the trouble history is applied equally to a buyer and a seller. Ships can be reduced a loss of time and cost in preventing similar problems and seeking solution that may appear in important equipments, through this maintenance record. Also, based on these materials, it comes to be available for analyzing a risk of ship and preventing and managing a risk, thereby being increased ability of maintenance and repair in a ship, resulting in being judged to likely contributing to ship safety and environmental-pollution prevention.

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Selectivity and Reasons for Move of Inter_Provincial Migrants in Korea: With Special Reference to the Capital Region (한국 지역 간 인구이동의 선별성과 이동 이유: 수도권을 중심으로)

  • Choi, Jin-Ho
    • Korea journal of population studies
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    • v.31 no.3
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    • pp.159-178
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    • 2008
  • The main purpose of this paper is to examine selectivity and rasons for move of internal migrants in Korea. There have only been a few studies available on the issues of selectivity and reasons for move of internal migration in Korea, mainly due to the lack of appropriate data. The main source of data for this analysis come from the raw data set of the 1997 Special Migration Survey conducted by the National Statistical Office. Analysis of selectivity of those who moved across the provincial boundary revealed that females, young adults, singles in their marital status and more educated are more likely to move. Among various reasons for move, employment related reason is the most important for all migration streams. But with different migration streams, diverse patterns are emerged. For those who moved into the Capital Region, employment related reason is outstanding. But those who moved out from the Capital Region, moved for employment as well as family related reasons. For movement within the Capital Region, housing related reason is equally important together with employment and family reason. The analysis also found that among individual attributes, age and marital status affect most significantly to the reasons for move. Education level and housing ownership are also important for explaining for variations in reasons for move.

A Semiotic Analysis of the Formation of Ecologically Educational Place Identity through Nature Trails in National Parks (국립공원 자연관찰로를 통한 생태교육적 장소정체성 형성에 대한 기호학적 해석)

  • Kim, Dong-Ryeul;Choi, Song-Hyun
    • Journal of Korean Elementary Science Education
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    • v.41 no.2
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    • pp.373-394
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    • 2022
  • This study aimed to find out the formation of ecologically educational place identity of nature trails in national parks, which elementary school students to adults can understand, by analyzing the connectivity between characteristics (signs) of nature trails and elementary science environment-related key concepts and the domain of ecological education in the course of environment and by developing a semiotic interpretation model of place identity based on Barthes's semiotic theory. When analyzing correlations between the interpretation board-focused surrounding environment of nature trails and the content system of ecological education, this study found out that it showed the highest connectivity with the domain of 'System of Ecological Environment'. When analyzing the formation of place identity of nature trails in terms of semiotics, this study discovered that geographical locations or landscapes, artificial environments and physical elements as characteristics of surrounding environments mostly acted on the formation of placeness. Besides, it was found that both knowledge and attachment elements equally could act on the formation of a sense of place. Being likely to develop through interaction between placeness and a sense of place, place identity was mostly composed of behavioral internal stages and sympathetic internal stages. To diversify the formation of place identity, however, this study found it necessary to develop environment education projects and create surrounding environments and interpretation boards with the environmental uniqueness of nature trails reflected much more.

A study on the efficient application of the replicating portfolio according to the tax imposition within K-OTC market for activating financial transactions of small-medium and venture business (중소 벤처 기업의 금융거래 활성화를 위하여 K-OTC 시장에서 조세부과에 따른 복제포트폴리오의 효율적 활용에 대한 연구)

  • Yoo, Joon-soo
    • Journal of Venture Innovation
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    • v.1 no.1
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    • pp.83-98
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    • 2018
  • This paper makes a theoretical approach to the differences between transaction tax and capital gains tax when the financial instruments are traded and imposed taxes in K-OTC market, a newly emerging off-board market. Since it is difficult to reduce risk to the level which investors would like to pursue - depending on the taxation methods of portfolio-composed financial instruments - when it comes to forming a synthetic bond to hedge risk, this paper also seeks for effective taxation methods to make this applicable. First of all, to thoroughly review the taxation balance of synthetic bonds, this paper analyzed the effects of the transaction tax and capital gains tax imposed upon synthetic bonds according to the changes in final stock price and strike price in K-OTC market, and analyzed after-tax profit differences among them depending on whether income tax deduction took place or not. As a result of the research upon the tax gap in transaction tax and capital gains tax according to the changes of final stock prices, it was shown that imposing transaction tax is more likely to be effective for some level of risk hedging with replicating portfolio considering taxation policies and financial markets, since the effect of the transaction tax has a much lower tax gap than that of capital gains tax. In addition, in relation to whether income tax deduction was permitted or not, it was proved that the effect of the transaction tax and the capital gains tax vary depending on the variation in the strike price. Above all, it was shown that if the strike price is lower than the stock price, the transaction tax will be less affected by the existence of income tax deduction than the capital gains tax, while both will be equally affected by the existence of income tax deduction if the strike price is higher than the stock price. Further study would be to demonstrate the validation of this in the K-OTC market with actual financial instruments and, also, to seek for a more systematic hedging method by using a ratio analysis approach to the calculation of the option transaction tax

Social Network Analysis for the Effective Adoption of Recommender Systems (추천시스템의 효과적 도입을 위한 소셜네트워크 분석)

  • Park, Jong-Hak;Cho, Yoon-Ho
    • Journal of Intelligence and Information Systems
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    • v.17 no.4
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    • pp.305-316
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    • 2011
  • Recommender system is the system which, by using automated information filtering technology, recommends products or services to the customers who are likely to be interested in. Those systems are widely used in many different Web retailers such as Amazon.com, Netfix.com, and CDNow.com. Various recommender systems have been developed. Among them, Collaborative Filtering (CF) has been known as the most successful and commonly used approach. CF identifies customers whose tastes are similar to those of a given customer, and recommends items those customers have liked in the past. Numerous CF algorithms have been developed to increase the performance of recommender systems. However, the relative performances of CF algorithms are known to be domain and data dependent. It is very time-consuming and expensive to implement and launce a CF recommender system, and also the system unsuited for the given domain provides customers with poor quality recommendations that make them easily annoyed. Therefore, predicting in advance whether the performance of CF recommender system is acceptable or not is practically important and needed. In this study, we propose a decision making guideline which helps decide whether CF is adoptable for a given application with certain transaction data characteristics. Several previous studies reported that sparsity, gray sheep, cold-start, coverage, and serendipity could affect the performance of CF, but the theoretical and empirical justification of such factors is lacking. Recently there are many studies paying attention to Social Network Analysis (SNA) as a method to analyze social relationships among people. SNA is a method to measure and visualize the linkage structure and status focusing on interaction among objects within communication group. CF analyzes the similarity among previous ratings or purchases of each customer, finds the relationships among the customers who have similarities, and then uses the relationships for recommendations. Thus CF can be modeled as a social network in which customers are nodes and purchase relationships between customers are links. Under the assumption that SNA could facilitate an exploration of the topological properties of the network structure that are implicit in transaction data for CF recommendations, we focus on density, clustering coefficient, and centralization which are ones of the most commonly used measures to capture topological properties of the social network structure. While network density, expressed as a proportion of the maximum possible number of links, captures the density of the whole network, the clustering coefficient captures the degree to which the overall network contains localized pockets of dense connectivity. Centralization reflects the extent to which connections are concentrated in a small number of nodes rather than distributed equally among all nodes. We explore how these SNA measures affect the performance of CF performance and how they interact to each other. Our experiments used sales transaction data from H department store, one of the well?known department stores in Korea. Total 396 data set were sampled to construct various types of social networks. The dependant variable measuring process consists of three steps; analysis of customer similarities, construction of a social network, and analysis of social network patterns. We used UCINET 6.0 for SNA. The experiments conducted the 3-way ANOVA which employs three SNA measures as dependant variables, and the recommendation accuracy measured by F1-measure as an independent variable. The experiments report that 1) each of three SNA measures affects the recommendation accuracy, 2) the density's effect to the performance overrides those of clustering coefficient and centralization (i.e., CF adoption is not a good decision if the density is low), and 3) however though the density is low, the performance of CF is comparatively good when the clustering coefficient is low. We expect that these experiment results help firms decide whether CF recommender system is adoptable for their business domain with certain transaction data characteristics.

The Impact of Perceived Risks Upon Consumer Trust and Purchase Intentions (인지된 위험의 유형이 소비자 신뢰 및 온라인 구매의도에 미치는 영향)

  • Hong, Il-Yoo B.;Kim, Woo-Sung;Lim, Byung-Ha
    • Asia pacific journal of information systems
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    • v.21 no.4
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    • pp.1-25
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    • 2011
  • Internet-based commerce has undergone an explosive growth over the past decade as consumers today find it more economical as well as more convenient to shop online. Nevertheless, the shift in the common mode of shopping from offline to online commerce has caused consumers to have worries over such issues as private information leakage, online fraud, discrepancy in product quality and grade, unsuccessful delivery, and so forth, Numerous studies have been undertaken to examine the role of perceived risk as a chief barrier to online purchases and to understand the theoretical relationships among perceived risk, trust and purchase intentions, However, most studies focus on empirically investigating the effects of trust on perceived risk, with little attention devoted to the effects of perceived risk on trust, While the influence trust has on perceived risk is worth studying, the influence in the opposite direction is equally important, enabling insights into the potential of perceived risk as a prohibitor of trust, According to Pavlou (2003), the primary source of the perceived risk is either the technological uncertainty of the Internet environment or the behavioral uncertainty of the transaction partner. Due to such types of uncertainty, an increase in the worries over the perceived risk may negatively affect trust, For example, if a consumer who sends sensitive transaction data over Internet is concerned that his or her private information may leak out because of the lack of security, trust may decrease (Olivero and Lunt, 2004), By the same token, if the consumer feels that the online merchant has the potential to profit by behaving in an opportunistic manner taking advantage of the remote, impersonal nature of online commerce, then it is unlikely that the merchant will be trusted, That is, the more the probable danger is likely to occur, the less trust and the greater need to control the transaction (Olivero and Lunt, 2004), In summary, a review of the related studies indicates that while some researchers looked at the influence of overall perceived risk on trust level, not much attention has been given to the effects of different types of perceived risk, In this context the present research aims at addressing the need to study how trust is affected by different types of perceived risk, We classified perceived risk into six different types based on the literature, and empirically analyzed the impact of each type of perceived risk upon consumer trust in an online merchant and further its impact upon purchase intentions. To meet our research objectives, we developed a conceptual model depicting the nomological structure of the relationships among our research variables, and also formulated a total of seven hypotheses. The model and hypotheses were tested using an empirical analysis based on a questionnaire survey of 206 college students. The reliability was evaluated via Cronbach's alphas, the minimum of which was found to be 0.73, and therefore the questionnaire items are all deemed reliable. In addition, the results of confirmatory factor analysis (CFA) designed to check the validity of the measurement model indicate that the convergent, discriminate, and nomological validities of the model are all acceptable. The structural equation modeling analysis to test the hypotheses yielded the following results. Of the first six hypotheses (H1-1 through H1-6) designed to examine the relationships between each risk type and trust, three hypotheses including H1-1 (performance risk ${\rightarrow}$ trust), H1-2 (psychological risk ${\rightarrow}$ trust) and H1-5 (online payment risk ${\rightarrow}$ trust) were supported with path coefficients of -0.30, -0.27 and -0.16 respectively. Finally, H2 (trust ${\rightarrow}$ purchase intentions) was supported with relatively high path coefficients of 0.73. Results of the empirical study offer the following findings and implications. First. it was found that it was performance risk, psychological risk and online payment risk that have a statistically significant influence upon consumer trust in an online merchant. It implies that a consumer may find an online merchant untrustworthy if either the product quality or the product grade does not match his or her expectations. For that reason, online merchants including digital storefronts and e-marketplaces are suggested to pursue a strategy focusing on identifying the target customers and offering products that they feel best meet performance and psychological needs of those customers. Thus, they should do their best to make it widely known that their products are of as good quality and grade as those purchased from offline department stores. In addition, it may be inferred that today's online consumers remain concerned about the security of the online commerce environment due to the repeated occurrences of hacking or private information leakage. Online merchants should take steps to remove potential vulnerabilities and provide online notices to emphasize that their website is secure. Second, consumer's overall trust was found to have a statistically significant influence on purchase intentions. This finding, which is consistent with the results of numerous prior studies, suggests that increased sales will become a reality only with enhanced consumer trust.