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Product Liability and Causation in Criminal Law (형법상 제조물책임과 인과관계의 확정)

  • Lee, Seok-Bae
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.3-28
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    • 2016
  • While product liability has been settled as a technical term in civil law, criminal law does not commonly accept technical term for it. Not like civil law, product liability in criminal law point outs individual responsibility and disability of normative order. Meaning that causation between individual's action of violation of duty and the result of danger of legal interest or infringement of legal interest must be proved. In criminal law excluding "non-result-constituted crimes (Unternehmensdelikt)", charge of injuring, accidental infliction of injury, homicide or involuntary manslaughter is problematic in product liability. Of course, it is necessary to distinguish whether the action related to the outcome is act or ommission. Also the causal relationship between the action and the result must be proved, and the intention or negligence should be recognized. In this paper, it analyzes cases that were problematic in Korea, Germany, Spain, etc. Mainly focusing on the problems revealed in the determination of causal relationship, especially recognizing criminal liability related to products. Furthermore it is followed by the view of reviewing the cause-and-effect relationship by 2 steps, dividing natural scientific causation and the normative causal relationship. In this process, to acknowledge criminal product liability in accordance with recognizing cause-and-effect relationship, there should be general risk of specific substance causing the outcome. This only premise can be meaningful to examine the casual relationship from specific cases. As it shows in some cases and theories, it is not contradicting general law of cause and effect by determining specific causal relationship by free evaluation of evidence if a general causal relationship does not exist. Also since judge's testimony does not hold a dominant position from rule of thumb, it is possible to recognize specific causal relationship. However this paper takes position that if there is no objective and reasonably undeniable cause and effect law. If there is no objective and reasonably undeniable causal law, which is the premise for recognizing concrete causal relations, judge should sentence guilty according to "in dubio pro reo" principle. In addition, it is not allowed for the defendant to burden unproven fact by free evaluation of evidence which has an effect of shift of burden of proof.

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The Effect of Creative Problem-Solving Instruction Model on the Creativity and Environment-Awareness in Elementary Practical Arts Environmental Education (초등실과 환경단원의 창의적 문제해결수업이 아동의 창의성 및 환경의식에 미치는 효과)

  • 최청림;정미경
    • Journal of Korean Home Economics Education Association
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    • v.15 no.4
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    • pp.115-132
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    • 2003
  • The purpose of this study is aimed at giving proof that helps the elementary practical arts education system accomplish as the effects are turned out experimentally. Two classes of the sixth grade of J elementary school in Dae-gu have been selected in order to be experimented. One was chosen as an experimental group, the other was done as a comparative group. The creative-problem-solving learning-model was applied to the experimental group, and the traditional way of teaching was applied to the comparative group. For four classes of the sixth grades, ‘chapter 8: Making with recycled materials’ was proceeded as the content. Then. tests about the way of environmental awareness and creativity were carried out twice. After that, the results of pre and after-test in the comparative and experiment groups were compared using the t-test method. Following the analysis of the data collected in this study. the following major observations were obtained: First, children who were educated the creative problem-solving in a practical arts education achieved higher scores than before. Therefore, it turns out that the CPS method is an effective way to improve the environmental awareness in children. It showed that it included lots of daily habits connected with daily life and it made the intention to carry out the environment-preservation stronger and children´s attitude towards the environment improved. Moreover, making with recycled materials was used to solve an environmental problem, affecting in a positive way in our life. It also made the positive recognition about the environment. Second. the application of the creative problem-solving class of the practical arts education can make positive results to children. It helped children to have more interest in the environment around them. Children´s fluency, flexibility and originality in their ideas were improved as much as possible while they were solving problems. Consequently, the application of the creative problem-solving class model of elementary practical arts environmental education lets children expand environment consciousness and creativity.

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A Study on Angels' Costumes in Religious Paintings (종교화에 나타난 천사의 복식에 관한 연구)

  • Kim Hae Jon
    • Journal of the Korean Society of Clothing and Textiles
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    • v.3 no.1
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    • pp.1-11
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    • 1979
  • This is a study on angels' costumes in religious paintings, especially as this relates to the questions of concepts and theological symbolism. Angels, as spiritual creatures in Christian thought, play the role of praising God's glory, as messengers of God, the role of guarding Israel and the Church, and protecting or punishing human beings. Sometimes the angels appear in incarnate form. They display no sexual differences and are not able to procreate. The angels' funtional classification being thus; nevertheless, they are pictured in various costumes and appearances according to characteristics of the paintings. The angel Michael appears as a man of dignity when pictured as a guard; the angel Gabriel in the annunciation is often portrayed as a woman of mystical beauty. Under the Renaissance, the mighty cherubim and seraphim at Yahweh's throne are degraded as plump child-angels, or winged child-heads looking alike Eros or Cupid. They have become playful and all too obviously non-heavenly chrubs, accepted features of the Temple decorations. However, cherubim are often depicted as naked or wrapped around with a piece of cloth and accompanied with wind, which symbolizes the Glory of God. The angels, costumes without seam are hung over or wrapped around the body, and when sewn they are simple and ample enough that they fall in a great many folds. However, by the 14C. angels are mostly dressed in costumes common to all Europe, and after that angels gradually appear in folk costumes; for example Italian, Flemish, etc. Dalmatic, the typical costume of Byzantine often shows up as angels' dresses even after the period. Originally the dalmatic was the Roman tunic to which Eastern influences added. The Roman clavus on the tunic had gradually lost distinction until, by the Imperial epoch, it was worn by the lowest servants. It was proudly therefore, as 'The servants of God', that the early Christians are shown wearing the clavus on their wide, ungirdled, sleeved dalmatics. In addition to their costume, angels have some other distinct charateristics. First, angels have a halo around their head; this symbolizes their holiness. Second, angels wear a narrow diadem or a queen's crown that seems to denote their glorious status close to God's throne. Third, the cloth band across the breast resembles a priest's stole, which suggests the sacred role of a priest and symbolizes the grace santified. Fourth, lilies in the annunciations are symbols of Mary's virginity. chastity, innocence and heavenly bliss. Angels hold palms or olives in their hands. The former denote prosperity. beauty and the Christians' reward after death; the latter represent peace and amity. the imperial crown made of olives means victory. Fifth, angels in paintings always have a pair of wings, which can be traced to scripture where cherubim and seraphim are described as having pairs of wings. Angels' wings often have colors of the rainbow, and the rainbow is compared to God's glory. Sixth, generally artists paint angels' costumes as white, blue, green, gold and purple. Other colors such as red rarely appear. According, to scriptures it is believed that angels should be depicted 'as white as snow'. According to the biblical expressions of angels as lightning, sun or a pillar of fire, angels should be described as creatures of light. Nevertheless being a form of art, religious paintings may differ in their presentation according to an artist's inspiration and intention. Since religious paintings illustrated above were almost all done before the Reformation, symbols of colors used in the Catholic Church will also be mentioned. The white color symbolizes chastity, purity, brightness, delight and divinity. Green represents new birth, eternal life, spiritual revival and the expectance of the grace of God. Blue, the color of sapphires, denotes chastity and truth. Red, the color of rubies, represents divinity, love and religious passion. Violet is the color of dignity, indicating the sovereign, royal or imperial power and the great Sacrifice of Christ. As mentionad above, angels' costumes were expressed in accordance with contemporary patterns or as indicated in the Bible, and accesories and colors correspond with Christian symbols. Therefore these facts should be taken into consideration when it comes to the study of costume history.

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Applying Social Strategies for Breakdown Situations of Conversational Agents: A Case Study using Forewarning and Apology (대화형 에이전트의 오류 상황에서 사회적 전략 적용: 사전 양해와 사과를 이용한 사례 연구)

  • Lee, Yoomi;Park, Sunjeong;Suk, Hyeon-Jeong
    • Science of Emotion and Sensibility
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    • v.21 no.1
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    • pp.59-70
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    • 2018
  • With the breakthrough of speech recognition technology, conversational agents have become pervasive through smartphones and smart speakers. The recognition accuracy of speech recognition technology has developed to the level of human beings, but it still shows limitations on understanding the underlying meaning or intention of words, or understanding long conversation. Accordingly, the users experience various errors when interacting with the conversational agents, which may negatively affect the user experience. In addition, in the case of smart speakers with a voice as the main interface, the lack of feedback on system and transparency was reported as the main issue when the users using. Therefore, there is a strong need for research on how users can better understand the capability of the conversational agents and mitigate negative emotions in error situations. In this study, we applied social strategies, "forewarning" and "apology", to conversational agent and investigated how these strategies affect users' perceptions of the agent in breakdown situations. For the study, we created a series of demo videos of a user interacting with a conversational agent. After watching the demo videos, the participants were asked to evaluate how they liked and trusted the agent through an online survey. A total of 104 respondents were analyzed and found to be contrary to our expectation based on the literature study. The result showed that forewarning gave a negative impression to the user, especially the reliability of the agent. Also, apology in a breakdown situation did not affect the users' perceptions. In the following in-depth interviews, participants explained that they perceived the smart speaker as a machine rather than a human-like object, and for this reason, the social strategies did not work. These results show that the social strategies should be applied according to the perceptions that user has toward agents.

Effects of Additive materials on the Quality Characteristics of Dasik (다식의 제조시 첨가하는 부재료와 품질특성)

  • 정외숙;박금순
    • Korean journal of food and cookery science
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    • v.18 no.2
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    • pp.225-231
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    • 2002
  • This study was carried out to investigate the possibility of improving the texture and flavor of Dasik by adding various types of sugar (syrup, honey) and flavor ingredients (omija, chija, coffee, green tea extract) to rice powder. Dasik samples were prepared, and the sensory quality and physical characteristics of those were compared. The moisture content of Dasik added with syrup was higher than that of honey. Coffee Dasik with syrup was the highest (23.6) in moisture content. In sensory quality, the omija and coffee Dasik showed the highest score in flavor quality (p<.001). Omija Dasik with honey and coffee Dasik with syrup showed the highest scores in overall acceptability (6.4, 6.2). Green tea Dasik with syrup showed the highest value in the lightness (L) of color. Omija Dasik with syrup showed the highest value in the redness (a) of color Chija Dasik was the highest in the yellowness(b) of color. In physical characteristics, the hardness was negatively correlated with the moistness, tenderness, and texture acceptability in sensory quality(p〈0.001). The cohesiveness was positively correlated with the overall acceptability in sensory quality (p〈0.01). In the relation of texture characteristics and sensory quality, the higher the moisture content, the lower the hardness and springiness were, but the higher the brittleness and the cohesiveness were(p〈.001). Overall, omija and coffee Dasik appeared to have desirable flavor, taste and overall acceptability.

Comparative Review on the Introduction and Operation of Salary Peak System -Focusing on Korea and Japan- (임금피크제 도입운영에 관한 비교법적 검토 -한국과 일본을 중심으로-)

  • Noh, Jae-Chul
    • The Journal of the Korea Contents Association
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    • v.15 no.11
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    • pp.93-103
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    • 2015
  • In this study, it has an intention of arranging an implication based on an effective introduction of a wage peak system in Japan to settle a mandatory retirement at sixty according to a legalization of retirement age at sixty smoothly. Institutionally, retirement age guaranteed type that reduces wage from certain period before retirement is of great importance. In Japan, mainly features the extension of retirement age that focus on keeping aged employment after retirement. In the introduction of the wage peak system, Korea attaches importance to the wage cost savings, but Japan puts emphasis on using aging workforce. Korea wants to promote the aged employment for retirement age at 60, whereas Japan actively push ahead with retirement age 65 and after that time. South Korea needs to reinforce the pensionable age and the connection though the extension of retirement age via the manpower utilization, employment promotion and the stability. It is necessary to prepare a institutional plan to try not to make a gap of the pensions by guaranteeing or extending the retirement age connect to the age of pensioners though the wage peak system. To activate the wage peak system, it is necessary to acknowledge a legal improvement that concedes rational changes such as the rule of employment. An active interpretation is needed currently though, it is more necessary to review the stipulation and the rational changes of the rule of employment that is established by a precedent like the Japanese legislation case. When a disadvantageous change of works rules is made, it is able to consider establishing the provision in the Act on age Discrimination Prohibition in Employment and Aged Employment Promotion, therefore it won't be able to apply the regulation in the rational criterion that satisfies the standards, rather than amending a Article 94 of the Labor Standards Act that makes accepting the approval of the majority of workers.

New horizon of geographical method (인문지리학 방법론의 새로운 지평)

  • ;Choi, Byung-Doo
    • Journal of the Korean Geographical Society
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    • v.38
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    • pp.15-36
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    • 1988
  • In this paper, I consider the development of methods in contemporary human geography in terms of a dialectical relation of action and structure, and try to draw a new horizon of method toward which geographical research and spatial theory would develop. The positivist geography which was dominent during 1960s has been faced both with serious internal reflections and strong external criticisms in the 1970s. The internal reflections that pointed out its ignorance of spatial behavior of decision-makers and its simplication of complex spatial relations have developed behavioural geography and systems-theoretical approach. Yet this kinds of alternatives have still standed on the positivist, geography, even though they have seemed to be more real and complicate than the previous one, The external criticisms that have argued against the positivist method as phenomenalism and instrumentalism suggest some alternatives: humanistic geography which emphasizes intention and action of human subject and meaning-understanding, and structuralist geography which stresses on social structure as a totality which would produce spatial phenomena, and a theoretical formulation. Human geography today can be characterized by a strain and conflict between these methods, and hence rezuires a synthetic integration between them. Philosophy and social theory in general are in the same in which theories of action and structural analysis have been complementary or conflict with each other. Human geography has fallen into a further problematic with the introduction of a method based on so-called political ecnomy. This method has been suggested not merely as analternative to the positivist geography, but also as a theoretical foundation for critical analysis of space. The political economy of space with has analyzed the capitalist space and tried to theorize its transformation may be seen either as following humanistic(or Hegelian) Marxism, such as represented in Lefebvre's work, or as following structuralist Marxism, such as developed in Castelles's or Harvey's work. The spatial theory following humanistic Marxism has argued for a dialectic relation between 'the spatial' and 'the social', and given more attention to practicing human agents than to explaining social structures. on the contray, that based on structuralist Marxism has argued for social structures producing spatial phenomena, and focused on theorising the totality of structures, Even though these two perspectives tend more recently to be convergent in a way that structuralist-Marxist. geographers relate the domain of economic and political structures with that of action in their studies of urban culture and experience under capitalism, the political ecnomy of space needs an integrated method with which one can overcome difficulties of orthhodox Marxism. Some novel works in philosophy and social theory have been developed since the end of 1970s which have oriented towards an integrated method relating a series of concepts of action and structure, and reconstructing historical materialism. They include Giddens's theory of structuration, foucault's geneological analysis of power-knowledge, and Habermas's theory of communicative action. Ther are, of course, some fundamental differences between these works. Giddens develops a theory which relates explicitly the domain of action and that of structure in terms of what he calls the 'duality of structure', and wants to bring time-space relations into the core of social theory. Foucault writes a history in which strategically intentional but nonsubjective power relations have emerged and operated by virtue of multiple forms of constrainst wihthin specific spaces, while refusing to elaborate any theory which would underlie a political rationalization. Habermas analyzes how the Western rationalization of ecnomic and political systems has colonized the lifeworld in which we communicate each other, and wants to formulate a new normative foundation for critical theory of society which highlights communicatie reason (without any consideration of spatial concepts). On the basis of the above consideration, this paper draws a new norizon of method in human geography and spatial theory, some essential ideas of which can be summarized as follows: (1) the concept of space especially in terms of its relation to sociery. Space is not an ontological entity whch is independent of society and has its own laws of constitution and transformation, but it can be produced and reproduced only by virtue of its relation to society. Yet space is not merlely a material product of society, but also a place and medium in and through which socety can be maintained or transformed.(2) the constitution of space in terms of the relation between action and structure. Spatial actors who are always knowledgeable under conditions of socio-spatial structure produce and reproduce their context of action, that is, structure; and spatial structures as results of human action enable as well as constrain it. Spatial actions can be distinguished between instrumental-strategicaction oriented to success and communicative action oriented to understanding, which (re)produce respectively two different spheres of spatial structure in different ways: the material structure of economic and political systems-space in an unknowledged and unitended way, and the symbolic structure of social and cultural life-space in an acknowledged and intended way. (3) the capitalist space in terms of its rationalization. The ideal development of space would balance the rationalizations of system space and life-space in a way that system space providers material conditions for the maintainance of the life-space, and the life-space for its further development. But the development of capitalist space in reality is paradoxical and hence crisis-ridden. The economic and poltical system-space, propelled with the steering media like money, and power, has outstriped the significance of communicative action, and colonized the life-space. That is, we no longer live in a space mediated communicative action, but one created for and by money and power. But no matter how seriously our everyday life-space has been monetalrized and bureaucratised, here lies nevertheless the practical potential which would rehabilitate the meaning of space, the meaning of our life on the Earth.

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Passenger's Right to Compensation in relation to Delayed Flights - From the perspective of EU case law - (운항지연에 따른 승객의 보상청구권 - EU 및 프랑스 판례를 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.249-277
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    • 2015
  • Regulation (EC) No 261/2004 ("Regulation") is a common rule on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. In some recent cases of European nations, passengers sued the air carrier in order to obtain monetary compensation under Article 7(1) of the Regulation. Some courts dismissed the actions on the grounds that, unlike denied boarding or cancellation of the flight, the Regulation provides no compensation in relation to delayed flights. However, Court of Justice of the European Union(CJEU) ruled that Regulation 261/2004 must be interpreted to mean that passengers whose flights are delayed have a right to compensation in cases when the loss of time is equivalent to, or is in excess of three hours - where the passengers eventually reached their final destination three hours or more later than the originally scheduled arrival time. It is true that a strict interpretation of the regulation would suggest that passengers whose flight has merely been delayed are not entitled to compensation. They should only be offered assistance in accordance with the Articles 6 and 9. Nevertheless, the Court recognized the same right to the same compensation for passengers of flights delayed by more than three hours as that explicitly provided for passengers of cancelled flights. On the one hand, the Court bases this ruling on the recitals of the Regulation, in which the legislature links the question of compensation to that of a long delay, while indicating that the Regulations seek to ensure a high level of protection for passengers regardless of whether they are denied boarding or their flight is cancelled or delayed. On the other hand, the Court interprets the relevant provisions of the Regulation in light of the general principle of equal treatment. Furthermore, the Court delivered a ruling that the loss of time inherent in a flight delay, which constitutes an inconvenience within the intention of Regulation No 261/2004 and which cannot be categorized as 'damage occasioned by delay' within the meaning of Article 19 of the Montreal Convention, cannot come within the scope of Article 29 of that convention. Consequently, under this view, the obligation under Regulation No 261/2004 intended to compensate passengers whose flights are subject to a long delay is in line with Article 29 of the Montreal Convention. Although the above interpretation of the Court can be a analogical interpretation, the progressive attitude of the Regulation and the view of Court forward to protect passengers' interest is a leading role in the area of international air passenger transportation. Hopefully, after the model of the positive support in Europe, Korea can establish a concrete rule for protecting passengers' right and interest.

A Study on the Effect of Donors' Utility on Their Intention for Donation Continuity Focusing on Private Contribution to Social Welfare Organizations (사회복지기관 개인기부자들의 기부효용감이 기부지속의도에 미치는 영향 -기관신뢰감과 자기수용감의 매개효과와 경제수준의 조절효과를 중심으로-)

  • Lee, Wonjune
    • Korean Journal of Social Welfare
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    • v.66 no.1
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    • pp.333-361
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    • 2014
  • By viewing donors for social welfare organization as both givers and beneficiaries, this study aims to address the correlations between the continuity of donors' contributions and enhanced sense of satisfaction as a consequence of participating in donation activities. The predominant concern of this study centers on: (1) the direct effects of individuals' emotional utility, demonstrable utility, trust toward donee organization, self acceptance on the continuation of their donation; (2) the direct effects of individuals' emotional utility, demonstrable utility, trust toward donee organizations on individuals' self-acceptance; (3) the direct effects of individuals' emotional utility, demonstrable utility on their trust toward a donee organization; (4) the indirect effects of individuals' self acceptance on two paths i.e. emotional utility${\rightarrow}$trust${\rightarrow}$self acceptance, and demonstrable utility${\rightarrow}$trust${\rightarrow}$self acceptance; (5) the indirect effects of individuals' individuals' trust toward donee organization on self acceptance on four paths i.e. emotional utility${\rightarrow}$trust${\rightarrow}$continuity of donation; demonstrable utility${\rightarrow}$trust${\rightarrow}$continuity of donation; emotional utility${\rightarrow}$trust${\rightarrow}$self-acceptance, and demonstrable utility${\rightarrow}$trust${\rightarrow}$self-acceptance; (6) the moderating effects of 'financial status' on the causal relationships in the prescribed structural equation model(SEM). In order to verify the moderating effect of 'financial status', multi-group analysis between each of the two groups were conducted. Research is based on a survey among 1116 donors who had made charitable, monetary contributions to social welfare organizations in Daegu and Kyungpook province. Data was collected from 29 organizations. In order to address the research questions, structural equation were employed. A variety of tests are conducted(metric invariance, critical ratio for difference, structural invariance, multi-group analysis, bias-corrected boot-strapping, latent mean analysis including Cohen's effect test).

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The Effects of Learning Transfer on Perceived Usefulness and Perceived Ease of Use in Enterprise e-Learning - Focused on Mediating Effects of Self-Efficacy and Work Environment - (지각된 유용성과 사용용이성이 기업 이러닝 교육의 학습전이에 미치는 영향에 관한 연구 -자기효능감과 업무환경의 매개효과를 중심으로-)

  • Park, Dae-Bum;Gu, Ja-Won
    • Management & Information Systems Review
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    • v.37 no.3
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    • pp.1-25
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    • 2018
  • This research performed the empirical test for the effects of learning transfer on perceived usefulness, perceived ease of use, self-efficacy and work environment using 390 employees who have experienced e-learning in domestic and foreign companies. Analyzed the mediating effects of self-efficacy and work environment in addition to direct effect of each factor on learning transfer. The results showed that perceived usefulness and perceived ease-of-use of e-learning learner had a positive(+) effect on self-efficacy and a positive influence on supervisor and peer support and organizational climate. Self-efficacy showed a positive effect on learning transfer, and supervisor support, peer support and organizational climate had a positive influence on learning transfer as well. Perceived usefulness also had a positive effect on learning transfer. However, perceived ease-of-use had no significant effect on learning transfer. As a result of the mediating effect analysis, self-efficacy and work environment were analyzed to have mediating effects between perceived usefulness, perceived ease of use, and learning transfer. The implications of this study are as follows. First, this study designed a new research model that reflects factors influencing the effect of learning transfer on acceptance of e-learning that is common in corporate education. It has derived a research model of perceived usefulness and perceived ease-of-use, which were used as mediating variables for external characteristics factors, as independent variables, using self-efficacy and work environment as mediating variables, which were studied as external factors. Second, most of the studies on technology acceptance model and learning transfer are conducted in a single country. The reliability was enhanced by testing the study models using different samples from 26 countries. Third, perceived usefulness and ease-of-use in existing studies have been considered as key determinants of acceptance intention and learning transfer. This study explored the mediating effects of learner and environmental factors on the accepted information technology and strengthened and supplemented the path of learning transfer of perceived usefulness and ease-of-use. In addition, based on the sample analysis of various countries used in this study, it is expected that future international comparative studies will be possible.