• Title/Summary/Keyword: legal terms and conditions

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Study on the Standardization of Korean Distribution Terminology through its Usage Survey (유통분야 전문용어 사용실태 조사를 통한 용어 표준화 연구)

  • Han, Kyu-Chul;Lee, Sang-Youn
    • Journal of Distribution Science
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    • v.13 no.4
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    • pp.77-87
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    • 2015
  • Purpose - This study aims to investigate the current state of distribution terminology usage by retailers and consumers nationwide, and to suggest a practical improvement plan for its standardization. The Korean distribution industry is closely related to consumers' daily lives. However, in reality, there exists a gap among producers, distributors, and consumers in terms of the definition, understanding, and perception of the terminology. Therefore, standardizing this terminology is essential for more smooth communication. This paper suggests the necessity of committing overall research and survey activities to the actual conditions of using Korean distribution terminology by organizations and their respective management situations, and further, the necessity of probing the problem and its measures in line with the objective and mission of the "Fundamental Law of the Korean Language." Research design, data, and methodology - This study's scope is limited to wholesale and retail including some information systems. First, the study covers most written material including lexicons and glossary of distribution terminology, university textbooks and teaching material for national certificate of qualification, and related laws and ordinances. Second, the survey covers retailers' management situations by store format. The retailers used as the sample for the survey include department stores, discount stores, SSM, and convenience stores. Altogether, 20 specialists were interviewed in their respective sectors or retail formats. Finally, the project team surveyed a sample of 1,300 consumers nationwide on 50 distribution terms mainly used by consumers, including those about awareness, understanding, usage, and attitude. Results - In total, 1,249 terms are drawn through literature research including distribution terminology used in the related literature, glossary and lexicons, distribution terminology in textbooks, and legal terminology. A classified table comprises four large categories including general distribution, distribution marketing, distribution information, and merchandise. The results of the three-step research including literature survey, field survey of retailers, and consumer survey were advised to be screened by academia (retail associations, faculty etc.), retailers (major retail management by store format), retail specialists and consultants, consumers, and Korean linguists. In total, 1,300 questionnaires for 50 terms of the distribution terminology closely associated with consumers were distributed to subjects nationwide. Conclusions - The desired and expected results from this study are summarized from three perspectives as follows: First, from retailers' perspective, a new concept, or coinage of new terms of the distribution industry stems from advanced countries such as America and Europe. However, the original meaning and definition are diluted and distorted with changes in the language users' situations and context. This study provides basic guidelines for standardization of distribution terms used among various retail formats in most daily life situations that consumers encounter. Second, from the nation's perspective, this study suggests optimal choices of distribution terminology in the context of laws and ordinances regarding concerned Ministries. Last, from the consumers' perspective, this paper enables consumers to understand and use distribution terms properly in their daily life.

Working Conditions, Job Satisfaction and Organizational Commitment of Physical Therapists (물리치료사의 근무실태와 직무만족 및 직장애착)

  • Ahn Soyoun;Kim Won-Joong;Huh Young-Bae
    • The Journal of Korean Physical Therapy
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    • v.14 no.4
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    • pp.308-322
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    • 2002
  • The main objective of this paper is to examine the working conditions of physical therapists and to investigate the level of job satisfaction and organizational commitment under different working conditions. A survey was conducted through structured questionnaire for the physical therapists working in Busan area, and data from 175 therapists were utilized in the final analysis. Survey items included general characteristics of the therapists(sex, age, education, marital status, religion, income, career years, etc.), their working conditions(kinds of organizations they work in, location of PT room, weekly working hours, average number of patients, number of co-workers, equipments/facilities, etc.), and organizational effectiveness measured in terms of job satisfaction and organizational commitment. Major results are as follows: 1) As for the general characteristics of the surveyed physical therapists, male(51.4$\%$) slightly exceeded female(48.6$\%$) and majority(more than 90$\%$) was 20-39 in age. Also, there were more single(57.7$\%$) than married(42.3$\%$), and 54.9$\%$ of the respondents had religion while 45.1$\%$ did not. In terms of the ranks in their organizations, only a few of them(6.9$\%$) were managers, and monthly salary mostly ranged from $\₩$1,000,000 to $\₩$2,500,000. More than half of them worked in various kinds of hospitals, with the remaining in health centers or social welfare institutions. 2) In regard to the working conditions of the respondents, 19.4$\%$ of PT rooms were located in basement areas while the remaining 80.6$\%$ in first to third floors. 34.3$\%$ of them treated 15 patients or less per day, whereas 25.1$\%$ treated 31 patients or more. Also, 52$\%$ recorded physical therapy charts periodically. As for the equipments and facilities, 25.1$\%$ felt 'sufficient' and 40$\%$'insufficient.' 3) The respondents provided various kinds of suggestions for the improvement of their working conditions, where the most important were 'salary raise' and 'reduction of working hours.' In addition, their requests to the PT Association included 'permission of opening of independent practice,' 'permission of legal specialty,' and 'vitalization of the Association.' 4) The comparative analysis of job satisfaction and organizational commitment among different characteristics of the respondents revealed that there was no significant difference between male and female, but in terms of age, the group of 40 or older was highest in both aspects. Besides, therapists who had 15 or more years of hospital career reported higher job satisfaction and organizational commitment than the others. It was also found that the level of organizational commitment increased as the rank of the respondents got higher. There were no significant differences in terms of marital status and religion. 5) Comparison with regard to working conditions showed that therapists employed in university hospitals, health centers and social welfare institutions felt higher job satisfaction and organizational commitment than those in community hospitals and clinics. Also, respondents who worked in basement areas had significantly lower job satisfaction than otherwise. The length of weekly working hours did not really affect the level of job satisfaction, but it was important to maintain 'regular working hours' for the hospitals to improve the employees' organizational commitment. As for the number of patients per day, 'medium level' (21-25 patients) had highest scores in both aspects. And, finally, sufficiency of equipments and facilities was found to be important for the improvement of organizational commitment.

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Approaches to Formation and Regulation of a New Model of Social and Labor Relations in Terms of Innovative Development

  • CHULANOVA, Zaure K.
    • Asian Journal of Business Environment
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    • v.9 no.3
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    • pp.11-20
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    • 2019
  • Purpose - The study aims to substantiate the approaches and principles of forming a model of social and labor relations adequate to the modern conditions of economic development. Research design, data, and methodology - The article deals with the issues of legal regulation of social and labor relations in the labor market of Kazakhstan; describes the current model of labor relations and its basic parameters; determines the external and internal factors; specifically, the influence of the new labor law on its further development in the direction of democratization and the establishment of social partnership as a regulatory institution in the labor relations field. Result - Result is the model of the system of social and labor relations proposed by the author, which allows us to cover the multifaceted nature of this phenomenon, to unite the influence of the external environment and the internal complex of their mutual relations and interdependencies. Conclusion - The creation of an effective model of social and labor relations should proceed from the multifaceted nature of their manifestation. This means that the theoretical and methodological basis for their formation should be a comprehensive approach to solving the problems of transformation and interaction of social and economic components.

Investigation of Soil and Groundwater Contaminated by Gasoline and Lubricants Around a Railroad Station in S City, Korea

  • Lee, Hwan;Lee, Yoonjin
    • Journal of Environmental Health Sciences
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    • v.38 no.6
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    • pp.529-540
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    • 2012
  • Objective: This research was performed to evaluate the state of oil pollution in an area surrounding a railway station that has over 100 years of business history as a railway station in S City, Korea. The amount of polluted soil was estimated, and the target area for remediation was assessed in this study to restore the oil-polluted area. Methods: To accomplish this aim, five observation wells were installed for the sampling of groundwater, and soil was sampled at 33 points. Electric resistance studies and a trench investigation were undertaken to understand the geological conditions of the site, and the groundwater movement in this area was simulated by MODFLOW. Physiochemical analyses were conducted to determine the quality of the groundwater and the current state of oil pollution influenced by that of the soil. Results: The mean level of total petroleum hydrocarbons (TPHs) in this area was 1,059 mg/kg, and the area for remediation was determined to be 7,610 mg/kg. Levels of benzene, toluene, ethylbenzene, and xylene (BTEX) were determined to be under the legal standard. Conclusion: In terms of depth, the biggest area polluted by TPH found was between 0 and 1 m from ground level, and the affected area was 5,900 $m^3$. TPHs were not detected in groundwater. Diesel and lubricating oil were the main causes of TPH pollution at this railway station.

A Study on the Legal Issues on Chinese Security Law (중국의 독립보증에 관한 법률문제연구)

  • SONG, Soo-Ryun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.71
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    • pp.85-105
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    • 2016
  • Independent guarantee is new financial product developed in international commercial transaction. The nature of independent guarantee is an independent undertaking, which takes the form of documentary transaction. As long as the documents presented by the beneficiary are on their face complying with the terms and conditions of the guarantee, the guarantor is obliged to pay upon the complying presentation. Where parties choose to apply for issue of independent guarantee in international commercial transactions in China, Chinese court shall respect the autonomy of parties. If either the guarantor or the beneficiary is located outside of China, or the facts which cause the establishment, change or cancellation of independent guarantee relationship occurred outside of China, it shall be deemed as foreign related independent guarantee. If the interested parties requests for confirmation of the independence of foreign related independent guarantee, it shall be supported by Chinese court. However, parties dealing with Chinese domestic commercial transaction have not fully realized the severity of independent guarantee liability. The market credit is being cultivated and the financial innovation is being explored at present in China. In order to guard against the systematic and the regional financial risk, before relevant rules are promulgated, Chinese court shall not recognize the independence guarantees issued for the domestic commercial transaction, but treat it as joint liability surety.

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A Study on Emergency Medical System Out of Hospital (Centering on the Limitation of Emergency Medical Service Out of Hospital in the Emergency Medical Technicians) (병원 전 응급의료체계에 관한 연구(응급구조사의 병원 전 응급의료의 제한 중심으로))

  • Park, Sang-Sub;Baek, Hong-Seok
    • The Korean Journal of Emergency Medical Services
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    • v.9 no.2
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    • pp.89-100
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    • 2005
  • Due to the improvement in life, we, human beings, are living in the more convenient world. However, as society gets complex, it comes to be faced a dangerous situation that needs to request a help due to an unexpected accident. The promptly emergency relief and emergency treatment from this accident, can be said to be extremely important in increasing a rate of resuscitation. This study analyzed on a case study and problems about the Emergency Medical System out of hospital in our country. The contents in the results of a study can be summarized as follows. 1. given the occurrence of medical disputes in a situation of emergency treatment, the regulation in the legal protection 'Will need to be reinforced. 2. in relation to the mobilization of ambulance, the preferentially passage right in ambulance needs to be guaranteed. In general, the preferentially passage right in ambulance is secured, but it will need to be supplemented by improving the education in civic consciousness and the social system. 3. in case of emergency duties in the emergency medical technician, the countermeasure will need to be strengthened in terms of abusive language and violence from a citizen. 4. in terms of emergency duties in the emergency medical technician, aiming to keep safety from a sudden situation, the possession of the protective equipments will need to be completely provided. 5. the limitation of activity will need to be eased by expanding the range of duties in the emergency medical technician within the ambulance, and the opening of duties will need not to be allowed to the similarly job category. 6. it needs to be reinforced the safety of the emergency medical technician from infectious diseases. Aiming at these emergency medical technicians whose service spirit is thoroughgoing, the nation and the local government will need to form all the conditions in which emergency medical technicians can be active passionately.

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The Revision Trend of UNCITRAL Model Law on International Commercial Arbitration (국제상사중재에 관한 UNCITRAL 모델법의 개정동향)

  • Lee, Kang-Bin
    • Journal of Arbitration Studies
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    • v.16 no.3
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    • pp.53-89
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    • 2006
  • At its thirty-second session(Vienna, 17 May-4 June 1999), the UNCITRAL decided that the priority items for the Working Group(Arbitration and Conciliation) should include enforceability of interim measures and the requirement of written (on for the arbitration agreement. The Working Group, at its forty-third session(Vienna, 3-7 October 2005), it had undertaken a detailed review of the text of the revised article 17 of UNCTTRAL Model Law on International Commercial Arbitration, and it had resumed discussions on a draft model legislative provision revising article 7, paragraph (2) of UNCITRAL Model Law. The purpose of this paper is to make research on the contents and issues of the draft legislative provisions on interim measures and preliminary orders, and on the form of arbitration agreement which the Working Group discussed and adopted at its forth-fourth session(New York, 23-27 January 2006). The draft legislative provisions on interim measures and preliminary orders are composed of the following provisions : Article 17-power of arbitral tribunal to order interim measures; article 17 bis-conditions for granting interim measures; article 17 ter-applications for preliminary orders and conditions for granting preliminary orders; article 17 quater-specific regime for preliminary orders; article 17 quinquies- modification, suspension, termination; article 17 sexies-provision of security; article 17 septies-disclosure; article 17 octies-costs and damages; article 17 novies recognition and enforcements; article 17 decies-grounds for refusing recognition or enforcement; article 17 undecies-court-ordered interim measures. There are the following issues in the draft legislative provisions on interim measures and preliminary orders : form of issuance of an interim measures in article 17(2); conditions for granting interim measures in article 17 bis; purpose, function and legal regime of preliminary orders in article 17 ter; obligation of arbitral tribunal to give notice, and non-enforceability of preliminary orders in article 17 quater; burden of proof, interplay between article 17 decies and article 34, and decision on the recognition and enforcement of the interim measures in article 17 decies; placement of article 17 undecies; amendment of scope exception of application in article 1(2). The draft legislative provisions on the form of arbitration agreement are composed of the following provisions : article 7(1) definition of arbitration agreement; article 7(2) arbitration agreement in writing; article 7(3) arbitration agreement if its terms(content) are (is) recorded in any form; article 7(4) arbitration agreement by an electronic communication; article 7(5) arbitration agreement in an exchange of statements of claim and defence; article 7(6) reference to any document containing an arbitration clause. There are the following issues in the draft legislative provisions on the form of arbitration agreement : arbitration agreement in writing in article 7(2); terms or contents of arbitration agreement in article 7(3); arbitration agreement by electronic communication in article 7(4); existence of arbitration agreement in article 7(5); reference to any document containing an arbitration clause in article 7(6); the alternative proposal on article 7; amendment to article 35(2).

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Selenium in Pig Nutrition and Reproduction: Boars and Semen Quality - A Review

  • Surai, Peter F.;Fisinin, Vladimir I.
    • Asian-Australasian Journal of Animal Sciences
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    • v.28 no.5
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    • pp.730-746
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    • 2015
  • Selenium plays an important role in boar nutrition via participating in selenoprotein synthesis. It seems likely that selenoproteins are central for antioxidant system regulation in the body. Se-dependent enzyme glutathione peroxidase (GSH-Px) is the most studied selenoprotein in swine production. However, roles of other selenoproteins in boar semen production and maintenance of semen quality also need to be studied. Boar semen is characterised by a high proportion of easily oxidized long chain polyunsaturated fatty acids and requires an effective antioxidant defense. The requirement of swine for selenium varies depending on many environmental and other conditions and, in general, is considered to be 0.15 to 0.30 mg/kg feed. It seems likely that reproducing sows and boars are especially sensitive to Se deficiency, and meeting their requirements is an important challenge for pig nutritionists. In fact, in many countries there are legal limits as to how much Se may be included into the diet and this restricts flexibility in terms of addressing the Se needs of the developing and reproducing swine. The analysis of data of various boar trials with different Se sources indicates that in some cases when background Se levels were low, there were advantages of Se dietary supplementation. It is necessary to take into account that only an optimal Se status of animals is associated with the best antioxidant protection and could have positive effects on boar semen production and its quality. However, in many cases, background Se levels were not determined and therefore, it is difficult to judge if the basic diets were deficient in Se. It can also be suggested that, because of higher efficacy of assimilation from the diet, and possibilities of building Se reserves in the body, organic selenium in the form of selenomethionine (SeMet) provided by a range of products, including Se-Yeast and SeMet preparations is an important source of Se to better meet the needs of modern pig genotypes in commercial conditions of intensive pig production.

A Study on the enforceability of Shrink-wrap License under the Contract Law of USA (미국(美國) 계약법(契約法)하에서 소위 "쉬링크랩라이센스" 계약(契約)에 관한 일고찰(一考察))

  • Hur, Hai-Kwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.20
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    • pp.129-150
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    • 2003
  • Software license agreements, to be useful in the mass market, could not be individually negotiated, and had to be standardized and concise. The software license agreement needs to be presented to the licensee-users in a fashion that would allow for mass distribution of software, also for it to enforceable, that would draw the users' attention to the terms and conditions under which the publisher allowed the use of the software. These needs have been accomplished, with or without fail, through so called the "shrink-wrap licenses" Shrink-wrap licenses purpose to transfer computer softwares to their users by defining the terms and conditions of use of the software without implicating the "first sale doctrine" of the Copyright Act. These shrink-wrap licenses have become essential to the software industry. However, in USA, the law applicable to these licenses has been unclear and unsettled. Courts have struggled to develop a coherent framework governing their enforceability. Meanwhile, the National Conference of Commissioners on Uniform State Laws ("NCCUSL") in USA promulgated the Uniform Computer Information Transaction Act ("UCITA") governing contracts for computer information transaction on July 29, 1999. One clear objective of UCITA was to settle the law governing the enforceability of shrink-wrap licenses. In these respects, this paper first introduces the various forms that shrink-wrap licenses take(at Part II. Section 1.), and explains the main advantages of them(at Part II. Section 2.) Here it shows how shrink-wrap licenses value themselves for both software publishers and users, including that shrink-wrap licenses are a valuable contracting tool because they provide vital information and rights to software users and because they permit the contracting flexibility that is essential for today's software products. Next, this paper describes the current legal framework applicable to shrink-wrap licenses in USA(at Part III). Here it shows that in USA the development of case law governing shrink-wrap licenses occurred in two distinct stages. At first stage, judicial hostility toward shrink-wrap licenses marked such that they were not enforced pursuant to Article 2 of the Uniform Commercial Code. At second stage, courts began to recognize the pervasiveness of shrink-wrap licenses, their indispensability to the rapidly expanding information technology industry, and the urgent need to enforce such licenses in order to maintain low prices for consumers of computer hardware or software, resulting in the recognition of shrink-wrap licenses. Finally, in view of the importance of UCITA, this paper examines how it will affect the enforceability of shrink-wrap licenses(at Part IV). The drafters of UCITA, as well as the scholars and practitioners who have criticized it, agree that it validates shrink-wrap licenses, provided certain procedural protections are afforded to purchasers. These procedural protections include the licensee end-user must (i) manifest his assent to the shrink-wrap license, (ii) have an opportunity to review the shrink-wrap license, (iii) have a right to return the product without costs.

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The Study on New Poverty and Change of Poverty Policy in Korea (한국의 신빈곤현상과 탈빈곤정책에 관한 연구: 근로빈곤층(the working poor)의 실태를 중심으로)

  • Kim, Young-Lan
    • Korean Journal of Social Welfare
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    • v.57 no.2
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    • pp.41-70
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    • 2005
  • The object of the study is to examine the change of social-economic structure and poverty-shape to escape poverty. In Korea, the working poor have been increased by flexibility and division of labor market since the economic crisis in 1997, and are faced with hard conditions due to the vulnerable welfare system. Especially the workers who engage in irregular jobs were increased by restructure of labor market. Besides they are in unstable employment terms such as low payment, low-skill and exclusion from welfare-benefit. Many small independent businessmen are also in danger of poverty for enterprises trend to move abroad by globalization. Poverty policy in our country was focused on the absolute poor class that has relation with old age, unemployment, disable, disease etc, so they were the object of welfare policy. The poverties, however, are increasing rapidly after the economic crisis, and they work so hard but are still poor, that is, participation in labor market doesn't become an element to escape poverty. Thus the emergence of new poverties whose core consists of the working poor becomes to need new poverty policy. The study is to survey change of their economic conditions, their welfare conditions, their experiences and responses of social dangers after the economic crisis, then to explore the policy to escape poverty. As the result of the study, it shows that the working poor experienced many kinds of social dangers like unemployment, decrease of income etc. In their welfare conditions as their responses to the social dangers, the benefit of social insurance, enterprise welfare like legal retirement pay and paid leave and private welfare such as private pension and insurance are low. The working poor are faced with social dangers, moreover, they don't have skill or education for adapting themselves to information society. The study says that it needs variable policies for the working poor to escape poverty, and suggests payment & tax policies as stable income policy, occupational discipline and skill-education for promoting the quality of employment, moreover, social insurance as expansion of social welfare policy and housing & education policies whose objects are the working poor.

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