• Journal of Distribution Science
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• v.14 no.6
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• pp.53-63
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• 2016

Purpose - This study examines the effects of the influence strategies on sales representative and headquarter trust, and investigates how sales representative trust plays a mediating role in the relationship between influence strategies and headquarter trust. For these purposes, a structural model which consists of several constructs was developed. In this model, influence strategies that consist of relational influence strategies (information exchange, recommend, promise) and mandatory influence strategies (legal plea, request, threat) were proposed to affect the sales representative trust and in turn, increase the headquarter trust. Thus, this study proposed that sale representative trust plays a core mediating role in the relationship between relational and mandatory influence strategies and headquarter trust in B2B food materials distribution context. Research design, data, and methodology - For these purposes, the authors collected the data from 208 B2B specialized complex agents. We used the 2,200 B2B specialized complex agents which trade with CJ, Ottogi, and Daesang firms and supply food materials to restaurant, school cafeteria, supermarket and traditional market as a sample frame. Once we identified 330 B2B specialized complex agent owners, CEOs, and/or Directors who had agreed to participate in this study, we dropped off a questionnaire at each B2B specialized complex agent and explained the purpose of this study. The survey was conducted from October 1, 2015 to December 15, 2015. A total of 230 questionnaires were collected. Of these collected questionnaires, 28 questionnaires excluded since they had not been fully completed. The data were analyzed using frequency test, reliability test, measurement model analysis, and structural equation modeling with SPSS and SmartPLS 2. Results - First, information exchange, recommendation, and promise of relational influence strategies had positive effects on sales representative trust. The threat of mandatory influence strategies had a negative effect on sales representative trust, but legal plea and request did not have a significant effect on sales representative trust. Second, information exchange and recommendation of relational influence strategies had positive effects on headquarter trust, but promise did not. Also, legal plea, request, and threat of mandatory influence strategies did not have a significant effect on headquarter trust. Third, this findings show that sales representative trust plays a partial mediator between information exchange and headquarter trust, and threat and headquarter trust, and a full mediator between promise and headquarter trust, and recommendation and headquarter trust. Conclusions - The aim of this study was to examine the effects how diverse dimensions of relational and mandatory influence strategies relate to sales representative trust and headquarter trust. To do so, we integrated the influence strategies and the trust transfer theory to hypothesize that various influence strategies increase sales representative and headquarter trust. The findings of this study suggest that headquarter firms should establish and enforce proper influence strategies guidelines to make clear what proper actions sales representatives should implement in relationship with B2B specialized complex agents. Also, relational and mandatory influence strategies must be regarded as a long-term and ongoing strategy that eventually build a long-term orientation with B2B specialized complex agents and guarantee a company's sustainable growth and success.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.123-163
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• 2014

As results of analyzing judicial precedents about infection in hospitals in connection with mistakes and causality in medical litigations shows that the Mitigation of Law Principles To Prove responsibility in medical litigation has not been able to play its role compared to its intended purposes. And Major sentiment from those judgments is that a mistake can't be proved only by the fact that certain infection in hospital occurred in connection with hospital infection. Therefore, the number of indirect facts to deny estimation is overwhelmingly high. Like this, especially for hospital infection which is difficult to prove indirect facts themselves to estimate mistake, major sentiment from those judgments have a problem that impute sharing of losses caused by hospital infection to patient. In accordance with the Principles of equitable and proper sharing of losses, it's required to prepare legal interpretation and theoretical methods to largely mitigate patient's responsibility to prove medical mistakes compared to other medical litigations in connection with existing Mitigation of Law Principles To Prove responsibility and conventional theory of estimation. In connection with this, the results of review that duty of safety management in hospital infection cases can be the base of conversion of proving responsibility, the duty that prevent hospital infection, corresponding the duty of safety management in hospital infection is not conventional duty of safety management based on duty of good faith but secondary obligation of medical contract. The breach of duty preventing hospital infection is the violation of medical contract, but there is no logical necessity that convert proving responsibility from the obligation of contract itself. Therefore, the duty of preventing hospital infection from the obligation of medical contract, corresponding the duty of safety management in hospital infection cases cannot be the base of conversion of proving responsibility alone. But, it's still required to conversion of proving responsibility in hospital infection, we need further studies on cases of Germany which applies legal estimation of proving responsibilities in hospital infection.

• Journal of Arbitration Studies
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• v.16 no.3
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• pp.91-125
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• 2006

The arbitration rule of CIETAC was vastly revised and was put in force on May 1, 2005. By its revision, China has improved its arbitration system. Chinese arbitration law had many problems when it was enacted in 1995, but the problems could not be avoided because of the poor surroundings for arbitration in China. As China has not had much experience in operating its legal system effectively, and also has little in the way of studies on legal theory that would allow it to deal with its laws in a flexible manner, authorities usually wait to revise a law until enough relevant experience has been accumulated. Therefore, during the 10 years since its enactment, China has resolved the problems within its arbitration law through revision of arbitration rule rather than by revision of the law itself. As this law is a basic one in ruling the arbitration system in China, there are some limitations as to how far the system can be developed through revision of arbitration rule alone. In spite of the limitations, the revision in 2005 contributed a great deal to resolving the existing problems within Chinese arbitration law. The biggest problem in the arbitration law is the Chinese arbitration law that restricts party autonomy. With the revision of the arbitration rule, many problems concerning party autonomy were circumvented. This occurred because the arbitration rule now provides parties the opportunity to choose arbitration rule other than the CIETAC arbitration rule, and even allows parties to agree to amend articles in the CIETAC arbitration rule -- a very important revision indeed. In addition to party autonomy, there are other improvements for example, there is an enhancement of the independent character of the CIETAC, clearing of jurisdiction, easing in the formation of arbitration agreement, improvement in the way arbitrators are chosen, and enhancement in the cultural neutrality of the arbiter. Problems still remain that can only be solved by revision of the arbitration law itself. These problems relate to the governing law of the arbitration agreement, the collection of evidence, custody of property, selection of chief arbiter, interlocutory awards, etc. In addition, some non-legal problems must also be resolved, like the actual judicial review of arbitration awards or difficulties of executing arbitration awards.

• Journal of Digital Convergence
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• v.18 no.6
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• pp.17-32
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• 2020

This study analyzes the regulatory issues of stakeholders, the firm, the government, and the individual, in the data industry using the principal-agent theory. While the importance of data driven economy is increasing rapidly, policy regulations and restrictions to use data impede the growth of data industry. We applied descriptive case analysis methodology using principal-agent theory. From our analysis, we found several meaningful results. First, key policy actors in data industry are data firms and the government among stakeholders. Second, two major concerns are that firms frequently invade personal privacy and the global companies obtain monopolistic power in data industry. This paper finally suggests policy and strategy in response to regulatory issues. The government should activate the domestic agent system for the supervision of global companies and increase data protection. Companies need to address discriminatory regulatory environments and expand legal data usage standards. Finally, individuals must embody an active behavior of consent.

• Korean Security Journal
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• no.36
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• pp.493-523
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• 2013

The purpose of this research is to deduce the frailties of the operating condition of Korea's national crisis management system through a comprehensive perspective analysis. It is then to present efficient measures through the enhancement of these infirmities. For this, after examining the fundamental theory, we presented a development direction based on the current status of the 6 key systems composing the national crisis management system. We also included items regarding each of the policy proposal in our conclusion. The fundamental theory of Korea's national crisis management system has been integrated based on a comprehensive security concept. However, the system development which drives the integrated structure still remains solely as a legal and structural category. Thus, operating, informing-oriented, supporting management, and rearing professional manpower systems have yet to be cultivated with efficiency. In conclusion, this research is to present a development direction from a conceptual dimension and to analyze the current status of the 6 key systems which are law, organization, operation, information-oriented, support management, training, and education. Finally, this research highlights the policy measures to fully maximize system efficiency.

• The Korean Society of Law and Medicine
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• v.14 no.1
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• pp.209-236
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• 2013

The concept of expectation rights considers 'the expectation' that the patient should be given proper medical treatment as the benefit and protection of the law, so it would be the benefit and protection of the law due to personal rights different from 'the legal principle that has the possibility to a considerable extent' being in an extension of life and body. However, the problem how the patient's expectation of medical service sets up in order to make it the benefit and protection of the law would be still left in the vague concept of the patient's 'expectation', thus, in the first place, the medical practice following formed medical standard in every particular medical institutes should be the standard because these medical services are normally within a range of the patients' expectations. In addition, it should be naturally constituted as mental profit to get the subjective circumstances such as 'the patient's expectation' to be an object, and also, different from the profit and protection of the law such as life and body that should be absolutely protected, the origin of violation behavior should be regarded simultaneously to define the denotation of expectation rights. Therefore, the expectation rights violations would be problematic in case it fails to reach the medical standard that is expected for common doctors to practice properly. This is the concept of expectation rights that gets subjective matters such as the patient's expectation to be objectivity as medical practices that can be expected by generalized abstract doctors. This standard should be defined as the minimum standard that is naturally expected for doctors to practice, different from medical standard that decides the level of doctors.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.63-89
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• 2014

In 1976, the Dalkon Shield-intrauterine device injured several thousand women in U.S.A. which caused the changes of medical deivce regulation. The Medical Device Regulation Act or Medical Device Amendments of 1976 (MDA) was introduce. As part of the process of regulating medical devices, the MDA divides medical devices into three categories. The class II, and III devices which have moderate harm or more can use the section 510 (k), premarket notification process if the manufacturer can establish that its device is "substantially equivalent" to a device that was marketed before 1976. In 21 U.S.C. ${\S}$ 360k(a), MDA introduced a provision which expressly preempts competing state laws or regulations. After that, the judicial debates had began over the proper interpretation and application of Section 360(k) In February 2008, the U.S. Supreme Court ruled in Riegel v. Medtronic that manufacturer approved by the Food and Drug Administration (FDA)'s pre-market approval process are preempted from liability, even when the devices have defective design or lack of labeling. But the Supreme Court ruled in Medtronic Inc. v. Lora Lohr that the manufactures which use the section 510 (k) process cannot be preempted and in Bausch v. Stryker Corp. that manufactures which violated the CGMP standard are also liable to the damage of patient at the state courts. In 2009, the Supreme Court ruled in Wyeth v. Levine that patients harmed by prescription drugs can claim damages in state courts. This may cause a double standard between prescription drugs and medical devices. FDA Preemption is the legal theory in the United States that exempts product manufacturers from tort claims regarding Food and Drug Administration approved products. FDA Preemption has been a highly contentious issue. In general, consumer groups are against it while the FDA and pharmaceutical manufacturers are in favor of it. This issues also influences the theory of product liability of U.S.A. Complete immunity preemption is an issue need to be more declared.

• Korea Journal of Hospital Management
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• v.15 no.2
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• pp.84-106
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• 2010

Ensuring the confidentiality of patient records is critical requirement for quality of care and in fulfilling legal obligation of healthcare organizations. This study analyzed the behavior of hospital employees who are dealing with confidential patient information in a hospital. Theory of Planned Behavior(TPB) model and TPB expanded models that add habit concept to TPB are tested for the validity in explaining the predisposing factors that affect the behavior of hospital employee in ensuring the confidentiality of patient records. Data were collected by administrating a survey to the 350 employee of a tertiary care hospital. Of the 350 questionaries distributed, 321 were responded resulting 92% of response rate. The mean differences among the groups classified by age, years of experience, gender, and occupation were analysis using ANOVA. The relationships among the concepts suggested in the models were analysed by applying the Structural Equations Modeling method. The results of ANOVA indicated significant mean differences in the frequency of confidentiality ensuing behavior. Administrative staff and medical technicians show higher frequency of ensuing behavior compared to the physicians and the nurses. And more experienced employee show more confidentiality ensuring behavior. The results of Structural Equations analysis showed that the strong effect of habit and attitude in predicting the behavior. However, the effect of perceived behavioral control was not significant. Based on the results the theoretical and practical implications are discussed.

• Journal of Digital Convergence
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• v.12 no.5
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• pp.79-87
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• 2014

In general, at the relationship between claim and obligation if debtor does not fulfill its obligations arbitrarily the creditor can claim to debtor such as lawsuit. It means, despite the debtor ordered payment through the judgment, if debtor disobey that judgment, compulsory execution can be performed by the force of the country. In the end, fulfillment of obligation is enforced by national authorities in principle. However, exceptionally, even it established as a valid debt, if debtors fulfill themselves, they may not be protected from the national authorities. That is the natural obligation. The natural obligation originated from the Roman law which enforces strict type legal system and it is exceptional phenomenon in modern civil law which is made up as that all the bonds are likely to recourse. Therefore, in Korean theory acknowledge that debt is natural obligation and there is no exception. However, there are still controversy about the presence and occurrence of natural obligation. So, in this paper, want to review about its extent and effect including the concept of natural obligation.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• v.31 no.3
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• pp.274-285
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• 2021

Objectives: The question of whether the level of fees paid to working environment measurement agencies is appropriate has long been a matter of concern to the government. In addition, measurement institutions express dissatisfaction with their level of compensation, which has a great influence on the evaluation of a subject's policy. This study is intended to find a way to appropriately calculate working environment measurement fees. Methods: We looked at the principle of fee determination as a basic theory of fee calculation used in fee calculation, the legal and academic aspects of the general method of fee calculation, and government cost calculation standards. Furthermore, we reviewed the research methods applied so far to derive a method of calculating fees appropriate for this environment. Results: The working environment measurement environment is different from other commission calculation environments. The other environment is to appropriately calculate the service price provided by a monopoly public enterprise, while the situation is to appropriately calculate the fees provided by competitive private enterprises. Therefore, the service delivery environment and the delivery entity are different. In this case, the appropriate method of calculating service fees would be competitive pricing. There have also been many problems under the method of calculation by service cost. Conclusions: First, the working environment measurement fee requires an accounting correction of endogenous variables. Second, the theory of calculating fees appropriate for this situation is appropriate for competitive pricing that applies to private competitors. Third, the government should make efforts to make the service supply market a fully competitive market while ensuring that the service fee level is determined at the marginal cost level. Fourth, economically, research on marginal cost levels is needed.