• 의료법학
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• 제10권2호
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• pp.343-405
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• 2009

This paper is to discuss essential business of hospital business. While the labor world and ILO made continuous recommendation for improvements towards the compulsory arbitration system along with the controversy over unconstitutionality of the system, the Constitutional Court ruled that the system is constitutional on December 23, 1996(90hunba19) and on May 15, 2003 (2001hunga31). Despite this decision from the Constitutional Court, there has been much controversy over whether the compulsory arbitration system infringes the rights of collective action against the principle of trade union & labor relations adjustment which allows Commissioner of the Labor Relations Commission to decide on submission of arbitration by virtue of his/her authority in case where industrial disputes take place in the essential public-service businesses. The revision on the above provision was closely examined from the year 2003 and an agreement was made on the abolition of the compulsory arbitration system and the introduction of essential business with a grand compromise among labor unions, employers and the government on September 11, 2006 followed by revision(Essential business system enacted on January 1, 2008) of the Trade Union & Labor Relations Adjustment Act on December 30 in the same year. Accordingly, in order to perform the essential business, parties to labor relations must have an agreement or obtain a decision by the Labor Relations Commission before taking industrial actions. This paper firstly examined the concept of essential public-service businesses and essential business, legal meaning of essential business, procedures for making agreement and decision and legal effects. Secondly it intensively explored a theory against the principle of the legality which was raised from some part of society. In other words, it is claimed that a theory against the principle of the legality is not consistent with the rule of legislation and some abstract wording is against void for vagueness doctrine because part of crime constitution requirements is delegated to the Presidential Decree or to consultation among parties to labor relations. But analysis on the rule of legislation and void for vagueness doctrine reflected in the decision by the Constitutional Court led that argument for a theory against the principle of the legality is not reasonable. Close examination was done on a formal act of essential business agreement and necessity of prior agreement before submission of decision to the Labor Relations Commission which might have difficulties in performing work. In addition, an example agreement on hospital essential business is attached to help you understand this paper better.

• 동아시아경상학회지
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• 제11권4호
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• pp.41-50
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• 2023

Purpose - This study aims to examine the role of contract law in mergers and acquisitions (M&A) and to examine whether or not contract law is necessary in M&A. The study also discusses how contract law can be utilized in M&A, as well as some of the problems that arise from the use of contracts in this area. Research design, data, and methodology - To minimize bias and errors, this study used only peer-reviewed articles and book excluding internet news articles, conference papers, and dissertations. For a well-organized screen and selection process, the author conducted the extraction procedure thoroughly to eliminate some duplicated resources. Result: This study indicates that complex deals carry a high risk but also have the potential to yield substantial revenue for stakeholders. Thus, contract law is essential to the success of M&A because it helps to define the (1) terms of the transaction, (2) reduces risk, (3) offers legal safeguards, and ensures that the (4) agreement is enforced. Conclusion - This study concludes that an understanding of contract law is essential to the profitable merging of two businesses. The application of contract law provides a mechanism for enforcing the agreement, which can increase the likelihood that the stipulations of the M&A will be satisfied.

• 한국중재학회지:중재연구
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• 제16권2호
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• pp.89-120
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• 2006

If the existence and effect of the arbitration agreement becomes an issue in international business transactions, it is the key point how we shall determine the applicable law by national rules for the conflict of laws, or by other methods. The argument in determination of the applicable law to the existence and effect of the arbitration agreement is related to regal nature of the arbitration agreement. As there are foreign factors in international arbitration, therefore we must consider such an aspect. Besides, we have to examine whether the general theory of contract is universally applicable to the arbitration agreement. Currently, it is the general trend that the party's autonomy principle is applicable in determining the applicable law for the arbitration agreement. However, it is a difficult problem to recognize the applicable law chosen by the parties, whether it is based on any regal standard(for example New York Convention or the private international law or the essential quality of the arbitration agreement). In the light of the actual transactions, when the parties don't make a choice of the applicable law expressly, it will finally come down to presuming the party's implied intent. Nevertheless, finding the implied intent is a difficult problem. Some argue that we shall presume the choice of applicable law by an objective standard such as a place of arbitration, to prevent too much expansion of the scope of the recognition. But we need to review that this interpretation harmonizes with the principle of party autonomy. Especially, if we desire to detect the vital point where it is most closely linked to the arbitration agreement, we have to inquire how we will decide such a relation by means of any standard. However, as the existing Arbitration Act doesn't offer the solution to these issues, therefore we have to settle these problems through the development of adjudications and theories.

• 가정과삶의질연구
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• 제20권2호
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• pp.43-56
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• 2002

While there is universal agreement that the ecosystems approach to family resource management is the must influential currently, questions have arisen about the broad applicability of the Deacon & Firebaugh (1988) ecosystems framework. Engberg (1996) has characterized the dominant approach in family resource management as technical and argued that a technical approach substantially restricts feasible actions in much of the world and should not be used in ethical practice. The purpose of the present paper is to compare the family resource management patterns by dual role manager of business owning families in Korea and The United States. Such a comparison is an essential step in the assessment of the usefulness of the Deacon & Firebaugh framework, in particular, and the ecosystems framework, more generally. Korean respondents are 105 family and business managers interviewed in 2000 as part of a survey of owners of small to medium size family business enterprises in Seoul. U.S. respondents are 259 dual role managers in the National Family Business Survey (NFBS 1997). Chi squared statistics indicated country differences on each of the ten(goal setting, standard setting, demand clarification, resource assessment, action sequencing, actuating, checking, adjusting, demand responses, resource change)management practices. Mean responses on eight of the practices(goal setting, standard setting, action sequencing, actuating, checking, adjusting, demand responses, resource changes) were significantly different between two countries. U.S. total score means of family resource management were higher than Korea. Factor analysis of the management scale items yielded different patterns for Korea, and the United States. Korean dual role manager of family business were categorized into three different patterns as classic oriented manager, goal oriented manager, action oriented manager and U.S. were categorized into Process oriented manager and Production oriented manager. Both the number of managerial strategies and the types of strategies used varied in the two countries.

• 무역상무연구
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• 제28권
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• pp.39-61
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• 2005

Historically shipping conference has enjoyed antitrust immunity in consideration of the importance of liner service in international trade in that it is essential to ensure stable movement of international freight. However, shipping deregulation which has been carried out for last decades in the US and EU has caused significant changes to the liner shipping market. In fact, most of shipping conferences have broken up or transformed as discussion agreement since shipping regulatory reform. However, on the other hands, it is also true that it has contributed to developmore efficient and responsive negotiating process that are better tailored to the needs of individual shippers.

• International Journal of Contents
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• 제3권3호
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• pp.26-31
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• 2007

The purpose of this study is to explore the emergence of Chinese economy and the possibility of economic cooperation between the East Asian countries, which will facilitate the solution to structural problems in the economy and industries of these countries. This study presents that China will remain essential to the East Asian economy and changes are anticipated in its economic growth rate, growth strategy and risks. How to respond to them will be the critical movement that will determine the future course of the East Asian economy. To solve this question, firstly each government of East Asian countries needs to come up with strategies that will leverage China for their industrial upgrade and economic development even when the risks facing China are realized. Second, each government of East Asian countries should make a wise approach towards a free trade agreement between EATR and China.

• 한국병원경영학회지
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• 제14권1호
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• pp.123-144
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• 2009

Recently, a long strike by hospital labor union emerged as a serious social issue. During the Worldcup Games in June, 2002, labor strikes broke up at 'C', 'K' and other hospitals, and in 2007, 'Y' hospital suffered much from a strike. Such series of extreme labor disputes have awakened people of importance of a more stable labor-management relationship for the medical institutions responsible for people's health than any other business organization. The purpose of this study was to examine the labor-management disputes at 'Y' hospital in 2007 and 'C' and 'K' hospitals in 2002. The results of this study can be summarized as follows; First, requests of the labor union such as pay raise, reemployment of the irregular workers as regular employees and participation of the labor union in personnel affairs are the long-held or core issues suffered by the medical institutions. Such issues are not independent from each other but complicated with each other surrounding the pay raise. Accordingly, it is not easy to determine the genuine bone of issue for labor-management disputes. Second, the model type of disputes between labor and management at medical institutions may be strike. However, it is conceived that the type of disputes would be subject to change as the essential medical service area system began to be operated since 2008. Third, the common characteristic of the labor strike among the 3 sample hospitals was occupation of the hospital lobby for a sit-in strike to maximize the negative effects of strike. Article 42 (Prohibition of Violence) of Labor Union and Labor Relation Coordination Act prohibits occupation of production or other important business facilities. In addition, since Ministry of Labor interprets that the hospital lobby belongs to the important business facilities enumerated by Article 42 of the above act, occupation of the hospital lobby for a sit-in strike may be too controversial to be admitted as a fair act of labor dispute when its legitimacy should be judged. Fourth, the counter-measures taken by the hospitals against the strike were observance of the principle 'no labor no pay,' closure, legal action, accusation, claim for recovery of damage, provisional seizure, disciplinary punishment, etc., but the principle of 'no labor, no pay' was not applied in a fair manner by 'C' and 'K' hospitals. However, 'Y' hospital applied this principle thoroughly to the strike; the hospital conduced to correction of the wrong labor-management relationship by refusing inclusion in the labor collective agreement of a provision about payment of wage during the period of strike or labor union's request to that effect during a strike. In addition, 'Y' hospital took an effective measure to end the strike earlier by notifying the labor union of cancellation of the collective agreement and banning the unionists from entering the hospital.

• 한국산업보건학회지
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• 제19권4호
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• pp.370-380
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• 2009

Reliable hazard and risk communication is needed to prevent the safety accident & occupational disease through right use of chemicals and MSDS(Material Safety Data Sheet) is mainly used as such a tool of communication. MSDS policy has been put into effect in order to prevent the safety accident & occupational disease through right use of chemicals and fulfill workers' right to know. If information on MSDS lacks reliability due to its inaccuracy, prevention of the various effects related with environmental safety & health in advance is not possible to achieve. The most essential thing regarding authoring MSDS is to exactly evaluate the composition and ingredients of the chemical and include reliability-guaranteed information. Therefore, in this study reliability was evaluated on MSDSs in 15 aromatic hydrocarbons(benzene, toluene, xylene, etc.) manufacturers and ways to secure reliability of MSDS were suggested. The results showed 93.5% of composition agreement rate and 89% of reliability on each section in MSDSs. In order to curb MSDSs with low reliability, examination on CBI(confidential business information) in MSDS, certification of MSDS, collection and verification of MSDS are suggested.

• Asian Journal of Business Environment
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• 제10권2호
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• pp.5-15
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• 2020

Purpose: This study examines the impact of individual reciprocal preferences on coalition formation. The reciprocal model considers a player's own payoff, the player's perception of others' payoffs, and others' perceptions of the player's payoff. Research design, data and methodology: A reciprocal model is built to illustrate how reciprocity influences individual decisions in a coalition game and its formation. The prediction is examined with experimental evidences from a dictator game and a membership game. Results: The theoretical result suggests that the coalition formation could be unstable due to negative reciprocal kindness. The experimental findings support that negative reciprocal kindness could lead players participating in a coalition, no matter their dominant strategies are. When subjects were essential to make contributions to a coalition, they were more likely to cooperate if they were treated badly. In contrast, when subjects were unnecessary, the reciprocal kindness could enhance cooperative tendencies. Conclusions: This study reveals that the reciprocal behavior could influence individual decisions and reshape the coalition formation. In terms of policy implications, this study has shown that coalition formation could be reshaped by reciprocal prefe rences. Due to the strategic and complicated decision process in an interactive environment, a comprehensive investigation of factors would be required in a climate coalition in practice.

• 통상정보연구
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• 제4권2호
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• pp.1-12
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• 2002

The purpose of this paper is to examine the scope of the application of Preliminary Draft Convention, which will be fixed as international uniform rules soon, in relation to the CISG. First, this Draft Convention will cover service contracts as well as sales contract of goods, but the license agreement will be excepted because it does not transfer the complete property. Second, this will cover the commercial contracts(sales or services) concluded by data message fully or partially. Third, this will be applied in international contract regardless of contracting states or non-contracting states. As it is very difficult to confirm the places of business of contracting parties in on-line contracts, the first criterion to confirm them is the indication by the party in each contract. This presumption may be supplemented, if they are not indicated in the contract, by the location of the equipment and technology supporting an information system used by a legal entity for the conclusion of a contract. It is essential to establish an international uniform rules as soon as possible in order to activate the international businesses with on-line basis. Thus this author hopes that this paper will contribute to the clear understanding to the scope of application of Preliminary Draft Convention for which the UNCITRAL is under working.