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A Study on Comparison of Commercial Arbitration System in Korea and U.S.A. (한국과 미국의 상사중재제도에 관한 비교연구)

  • 이강빈
    • Journal of Arbitration Studies
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    • v.12 no.1
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    • pp.271-321
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    • 2002
  • Every year, many million of business transactions take place. Ocassionally, disagreements develop over these business transactions. Many of these disputes are resolved by mediation, arbitration and out-of-court settlement options. The American Arbitration Association(AAA) helps resolve a wide range of disputes through mediation, arbitration, elections and other out-of-court settlement procedures. The AAA offers a broad range of dispute resolution services to business executives, attorneys, individuals, trade associations, unions, management, consumers, families, communities, and all level of governments. The 198,491 cases composed of the 194,303 arbitration cases and the 4,188 mediation cases, were filed with the AAA in 2000. These case filings represent a full range of matters, including commercial finance, construction, labor and employment, environmental, health care, insurance, real state, securities, and technology disputes. The Korean Commercial Arbitration Board (KCAB) does more than render arbitration services. It helps facilitate settlements and guarantee implementation thereof between trading partners at home and abroad involving disputes related to such areas as the sale of commodities, construction, joint venture agreements, technical assistance, agency agreements, and maritime transport. The 643 cases composed of the the 197 arbitration cases and the 446 mediation cases, were filed with the KCAB in 2001. There are some differences between the AAA and the KCAB regarding the number and the area of mediation and arbitration case filings, the breath of service offerings, the scope of alternative dispute resolution, and the education and training. In order to apply to the proceedings of the commercial mediation and arbitration, the AAA has the Commercial Mediation Rules, the Commercial Arbitration Rules, the Expedited Procedures, the Optional Procedures for Large, Complex Commerical Dispute, and the Optional Rules for Emergency Measures of Protection as amended and effective on September 1, 2000. In order to apply to the proceedings of commercial arbitration, the KCAB has the Arbitration Rules as amended by the Supreme Court on April 27, 2000, which have been changed to incorporate the revisions of the Arbitration Act that went into effect on December 31, 1999. There are some differences between the AAA's commercial Arbitration Rules and the KCAB's Arbitration Rules regarding the clauses of jurisdiction and administrative conference, number of arbitrators, communication with arbitrator, vacancies, preliminary hearing, exchange of information, oaths, evidence by affidavit and posthearing filing of documents or others, interim measures, serving of notice, form of award, scope of award, delivery of award to parties, modification of award, release of liability, administrative fees, neutral arbitrator's compensation, and expedited procedures. In conclusion, for the vitalization of KCAB and its ADR system, the following measures should be taken : the effective case management, the development of on0-line ADR, the establishment of ADR system of electronic commerce disputes, and the variety of dispute resolution rules in each expert field.

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Governance in Dongnam Region and Regional Development : The Case of Dongnam Regional Development Committee (동남경제권 거버넌스와 지역발전 - 동남권광역경제발전위원회를 중심으로 -)

  • Kwon, Ohyeok
    • Journal of the Korean association of regional geographers
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    • v.21 no.3
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    • pp.450-460
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    • 2015
  • Metropolitan-wide economic region policy which was enforced by Lee Myeongbak government was a timely policy at least to Dongnam region. However, examining the activities and outcomes of Dongnam Regional Development Committee, there are many doubts about the policy as metropolitan-wide governance. Dongnam Regional Development Committee had many operational problems. It had few independent labor force and low budget. Also its authority was limited. Above all, its purpose and function was unclear. As a result, the policy was abolished as new government suceeded. Henceforth Dongnam region needs metropolitan-wide governance for metropolitan-wide economic development. If an organization which supports industrial and regional development of Dongnam region would be reestablished, the orientation of governance has to be determined. In this case, the main function of the organization would be researching about Dongnam metropolitan-wide economic region, and suggesting and recommending metropolitanwide development strategy. For the benchmark of the organization, Metropolitan Planning Organization of the US, Joint Venture at Silicon Valley and Regio Randstad of the Netherlands would be appropriate. Above organizations receive budgets from central and regional government and private sector. They research about regional economics and urban development which is comprehensive and metropolitan-wide and could not be done by local government alone.

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Distribution of High Risk Human Papillomavirus Types in Western Kazakhstan - Retrospective Analysis of PCR Data

  • Bekmukhambetov, YZ;Balmagambetova, SK;Jarkenov, TA;Nurtayeva, SM;Mukashev, TZ;Koyshybaev, AK
    • Asian Pacific Journal of Cancer Prevention
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    • v.17 no.5
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    • pp.2667-2672
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    • 2016
  • Background: Virtually all cases of cervical cancer are caused by persistent infections with a restricted set of human papillomaviruses (HPV). Cancer of the cervix is the third or even the second most common cancer in women worldwide, more than 85% of the cases occurring in developing countries, such as China and India, including the Republic of Kazakhstan. The purpose was to determine the HPV type distribution to evaluate efficacy of vaccination and adjust cancer prevention strategy in Western Kazakhstan in the future. Materials and Methods: A retrospective analysis was conducted of data obtained from PCR laboratories in 4 regional centers for the time period covering 12 months, 2013-2014, using AmpliSens$^{(R)}$ Real-Time PCR kits for HPV testing of 12 genotypes (16, 18, 31, 33, 35, 39, 45, 51, 52, 56, 58, and 59). Results: A total of 1,661 persons were HPV tested within 2013-14, but a proprotion examined for 16 and 18 genotypes only (563) was not been included for statistic analysis of distribution and ratio of the most common genotypes. Males accounted for only a small number (N=90 in total). Conclusions: Total number of the HPV-positive appeared to be 26.0%, or 286 of N=1098. Types distribution was as follows: type 16 (10.7%), 39 (5.83%), 51 (5.27%), 31 (4.85%), 56 (4.58%), 18 (3.61%), 59 (2.64%), 58 (2.22%), 35 (1.94%), 33 (1.25%). Overall the HPV infection was highest in 16-29 years old (62.4%) and decreased with age. Total prevalence of the HR-HPVs amongst male population was 21.4% with top five types 16, 18, 39, 51, 31. Trends forcorrelations between Aktau site and type 33 (Cramer's V 0.2029), between Caucasian ethnicity and type 33 (Cramer's V .1716), and between European ethnicities in Uralsk and type 45 (Cramer's V .1752) were found. Of N 563 tested separately for 16 or 18 types, 13.6% were positive. As a whole, the distribution of 16/18 types had a ratio of 3.53:1. Given the vaccine-targeted type 16 is widely spread amongst this regional population, HPV immunization program of adolescent girls 10-13 years should be implemented appropriately.

The Knowledge Transfer of Tesco UK into Korea, in Terms of Retailer Brand Development and Handling Processes

  • Cho, Young-Sang
    • Journal of Distribution Science
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    • v.9 no.2
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    • pp.13-24
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    • 2011
  • With the increasing market share of retailer brands, many authors have paid considerable attention to retailer brands. Before market liberalisation in 1996 in Korea, retailer brand market was led by the supermarket retailing format, although the first retailer brand product was developed by the department store format. In parallel with the entry of foreign multiple retailers, the retailer brand market has experienced rapid growth. Particularly, the expansion of Tesco UK with well-established retailing know-how into Korea has encouraged Tesco Korea to actively get involved in retailer brand program. As a result, Tesco Korea has led retailer brand market in the Korean marketplace. The research starts with the question of why Tesco Korea has achieved such a higher retailer brand share. Accordingly, this study is to explore how Tesco UK has transferred its own retailing knowledge into Tesco Korea, in terms of retailer brand program development. In order to explore why the retailer brand share of Tesco Korea is higher than that of its counterparts, the author adopted in-depth interview with prepared-questions and store observation as a research methodology. To examine working process as well as information flows within Tesco Korea and from UK to Korea, in-depth interview method is one of the most suitable research methodologies, because of the difficulty of quantifying information or data related to work flows. In addition, to increase the validity of information, the researcher had interviews with Tesco Korea supplier and store personnel. Based on these research techniques, this research explored how Tesco UK has influenced or advised Tesco Korea, particularly, from the point of view of knowledge transfer. Since the entry of Tesco UK into Korea as a joint-venture, the retailer brand market share of Tesco Korea has continuously increased. It would be expected that Tesco UK has helped Tesco Korea to settle down in the Korean market. During interviews with Tesco and a Tesco supplier, the researcher found that Tesco Korea has obviously taken an advantage of retailing know-how created by Tesco UK. Furthermore, the retailer brand development and handling process of Tesco Korea has been operated with the help of Tesco UK. This might mean that Tesco UK has directly or indirectly an impact on the improvement of Korean retailer brand development skills. As a mechanism to transfer retailing knowledge developed in the home market into the host market, one of the international retailers, Tesco UK has adopted many different ways such as annual meeting, trading meeting to import or export own retailer brand products, offering of operation manual developed by Tesco UK and buyer cooperation between Tesco UK and Korea, in order to share information. Through these communication techniques, the knowledge of Tesco UK has been transferred to Tesco Korea. This research accordingly suggests that retailer brand market share is apparently related to how sophisticated or advanced the knowledge of the retailer brand development and handling process of retailers are. It is also demonstrated by this research that advanced development and handling skills make a considerable contribution to increasing retailer brand share in markets with a lower share or no presence of retailer brands.

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Activating Local Society Resource Network of Social Business : Focusing on Kwangju and Jejudo (사회적기업의 지역사회 자원연계 활성화를 위한 사례연구 -광주광역시·제주특별자치도를 중심으로-)

  • Choi, Hyuk-Ra;Kim, Seon-Myung;Kim, Gi-Hyeon
    • The Journal of the Korea Contents Association
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    • v.12 no.1
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    • pp.308-317
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    • 2012
  • In this study, we searched for ways of the demand, the building up of strategic, collaborative networks plan activation of the local area network status by the current social enterprise and the direction of the future resources rinks, conducted by a case study of the (preliminary) social enterprise network-building activities based in Gwangju Metropolitan City and Jeju Special Self-Governing Province. By the study findings, local resources that the two regions social enterprise wants to connect are the most numerous in enterprise, public agencies and local media, followed by professionals' pro bo no, private organizations, volunteer groups. Hope for Information in conjunction is revealed in order by purchasing items, labor and financial support, public relations, purchasing service, marketing and a joint venture. For the conjunction, participating related events, the assistance of government agencies and related organizations joined, the role of chief engineer are emerged in order while they are performing work. By the findings, for the activation of local resources links of the social enterprises, it is necessary to impelled cooperation system between activating local profit companies, universities and one company ; a social enterprise and to uncovered volunteer activities of the community. Also, sparking, solidarity and building trust for social enterprises are derived as a ethical and alternative consumer movement.

Framework for Technology Valuation of Early Stage Technologies (초기단계 기술의 가치평가 방법론 적용 프레임워크)

  • Park, Hyun-Woo;Lee, Jong-Taik
    • Journal of Korea Technology Innovation Society
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    • v.15 no.2
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    • pp.242-261
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    • 2012
  • Early stages of technology valuation have been often overlooked or under-represented. The early stage technologies are even riskier due to their inadequacy of commercial development and market applicability. More than 95% of patents fail to earn any revenues so that the majority of patents were valueless. Technology transfers from laboratories at universities and research institutes to industrial firms have increased to acquire value from invented technologies. Technology transfer, a process of transferring discoveries and innovations resulted from research to commercial sectors, typically comprises several steps: disclosing the discoveries and innovations, i.e., intellectual property (IP), evaluating the IP's economic prospects, securing a patent, copyright or trademark for the IP, commercializing the technology through licensing, forming a joint venture, or selling. At each of those stages in the research and development of technology, the value of technology would play a very important role of making decision on the movement toward the next step, however, the financial value of technology is not easy to determine due to a great amount of uncertainty in the course of research and development, and commercialization. This paper refers to technology embodied as devices, equipment, software or processes primarily developed at public research institutions such as universities. Sometimes it is also as the result of externally financed projects contracted with industry. Nearly always technology developed at public research entities results in laboratory prototypes. When it is required to define the technology transfer contract terms for the license of the university patrimonial rights to external funding companies or other interested parties, a question arises: what is the monetary value? In this paper, we present a method for technology valuation based on the identification of specific value points related to its development. The final technology value must be within previously defined value limits. This paper consists of the review of issues related to technology transfer and commercialization, the identification of characteristics of technologies in the early stage of technology development, the formulation of framework of methods to value the early stage technologies, and the conclusion and implication of the previous review.

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Using Logistic Regression for Determining the Factors Affecting Bidding Success in World Bank's International Consulting Projects in Indonesia (로그 회귀분석을 이용한 해외 엔지니어링 사업의 낙찰 성공 요인 분석 - 세계은행의 인도네시아 사업을 중심으로-)

  • Yu, Youngsu;Shin, Byungjin;Koo, Bonsang;Han, Seungheon
    • Korean Journal of Construction Engineering and Management
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    • v.19 no.1
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    • pp.80-89
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    • 2018
  • World Bank projects enable Korean engineering firms to enter new markets and diversify their portfolio. These firms need to understand the critical factors for bidding success in such projects. The World Bank publishes as open records all their bidding history data in their open database. This provides an opportunity to identify empirically the factors that determine which firms on chosen. This research collected relevant bid data, focusing on Indonesia, to perform a logistic regression with the goal of statistically identifying significant factors that result in bidding success. Results showed that work experience, being included in a consortium, and having a local partner positively affected winning a bid. On the other hand, having a local competitor of the recipient country negatively impacts the chances of attaining a bid. Commensurately, Korean engineering firms need to increase their work experience in internationally recognized projects, and include a local partner as a joint venture partner to increase their chances, while refrain from conventional projects that can be performed by local engineering firms.

Lessons from Haitai Distribution Inc's experience in Korea

  • Cho, Young-Sang
    • Journal of Distribution Science
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    • v.9 no.3
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    • pp.25-36
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    • 2011
  • Owing to the rapid growth of hypermarket/discount store formats since 1996, Korean retailing has suddenly attracted the significant attention from researchers. Before the emergence of large scale retailers such as E-Mart, Lotte Mart and Tesco Korea, there were the two retail formats who led the Korean retailing in the modern retailing history: department store and supermarket formats. Nevertheless, there has been little literature concerned about the two retail formats as a case study, while some authors have paid their attention to hypermarket/discount store formats. In addition, when mentioning the development process of retailing history, it is less likely that authors have made an effort to illustrate supermarket retailing history. In order to regard supermarket retailing as part of the Korean retailing, it is interesting to look at a representative supermarket retailer, Haitai, who was one of the subsidiaries of Haitai chaebol. Based on supermarket retailing, the company which was established as a joint venture in 1974 led a supermarket retailing in the Korean modernised retailing history. Before analysing whether Haitai failed or not, the definition of failure should be illustrated. With regard to the term, failure, in the academic world, authors have interchangeably used the following terms: failure, divestment, closure, organisational restructuring, and exit. To collect research data as a case study, the author adopted an in-depth interview method. The research is based on research interviews with 13 ex-staff who left after Haitai went bankruptcy, from store management department to merchandise department. By investigating Haitai's experiences through field interviews, the research found that Haitai restructured organisational decision-making process at the early stage when companies started to modernise organisational charts, benchmarking sophisticated retailing knowledge through the strategic alliance with a Japanese retailer. In respect of buying system, the company established firmly buying functions by adopting central buying system, and further, outstandingly allocated considerable marketing resources to the development of retailer brands with the dedicated team of retailer brand development. In the grocery retailing, abandoning a 'no-frill' packaging concept, the introduction of retailer brand packaging equal to, or better than national brand packaging design, encouraged other retailers to change their retailer brand development strategies. In product sourcing ways, Haitai organised for the first time the overseas sourcing team with the aim of improving the profit margins of foreign products and providing exotic products for customers, followed by other retailers. Regarding distribution system, the company introduced the innovative idea which delivered products ordered by stores directly to each store withboth its own vehicles and its own warehouse in which could deal with dry foods, chilly foods, frozen food, and non-foods, and even, process produce. In addition, Haitai developed many promotional methods to attract more customers like 'the guarantee of the lowest price', and expanded its own business to US in 1996, although withdrew, because of bankruptcy in 1997. Together with POS introduction in 1994, Haitai made a significant contribution to the development of the Korean retailing, influencing other retailers in many aspects. As a case study, the study has provided a number of lessons from Haitai's experiences for academicians and practitioners, suggesting that its history should be involved in the Korean modernised retailing.

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A Study on Regulations and Strategies for Increasing the Chinese Construction Market Share post the FTA between Korea and China (한중FTA 이후 중국 해외건설업의 규제실태와 진출 활성화 방안 연구)

  • Kim, Myeong-soo
    • Korean Journal of Construction Engineering and Management
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    • v.19 no.5
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    • pp.10-21
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    • 2018
  • This study analyzes difficulties of enterprise activities in Chinese construction market by surveys on early entrants and interviews with experts. This study also suggests future strategy to enter the market by using inducement coefficient model. Korean construction companies in China are under heavy pressure to maintain requirement of licenses, despite recent deregulation. They are in dire predicament for market entry due to the Foreign Direct Investment System. It is almost impossible to participate in public projects and also it is not easy to do PPP projects. Therefore, Korean government should make more efforts to solve those issues through negotiations in FTA and GPA. For future expansion in Chinese construction market, it is highly recommended to boost cooperation models between Korea and China according to the empirical results of inducement coefficient model. Korean companies should collaborate with Chinese companies in some fields: smart city, environment and water treatment. Also, Korean government should support Korean companies by diplomatic means such as requesting for further opening of China's market. In GPA or GATS negotiation, Korean government should ask Chinese government that Korean companies can obtain order independently (without joint venture with Chinese companies) in China. Lastly, Korean construction companies should participate in construction projects ordered by international organizations such as ADB, AIIB.

The Origin of Thinking Mind (우리는 왜 생각하는 존재가 되었는가?)

  • Park, Man-joon
    • Journal of Korean Philosophical Society
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    • v.131
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    • pp.131-163
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    • 2014
  • This Paper aims to elaborate on the origin of thinking mind. And this is a cooperative project between philosophy and neuroscience and brain science. I have written this paper in admiration for the achievements of twentieth century neuroscience and brain science, and out of desire to assist the subject in future. Much of the history of modern philosophy, from Descartes and Kant forward, consists of failed models of brain. As Edward O. Wilson precisely said, the shortcoming is not the fault of the philosophers, who have doggedly pushed their methods to the limit, but a straightforward consequence of the biological evolution of the brain. Guiding that investigation down pathways that will illuminate brain research is a task of neuroscience and brain science. Investigating logical relations among concepts is a philosophical task. If we are to understand the neural structures and dynamics that make perception, thought, intentional behaviour possible, clarity about these concepts and categories and their relations is essential. Hence our joint venture of philosophy and science. Sure, it is human beings that perceives, not parts of its brain. And it is human beings that who think and reason, not their brain. But the brain and its activities make it possible for human beings-not for it-to perceive and think, to feel emotions, and to form and pursue projects. Thus We try to investigate and reveal the origin of thinking mind as follow: 1) The difference between chimpanzee and human beings 2) brain and mind 3) the origin of thinking 4) the wisdom of nature.