• Title/Summary/Keyword: obligation of result

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A Study on Patient'S Obligation in Medical Cooperation and Doctor'S Medical Malpractice (환자의 진료협력의무와 의사의 의료과실)

  • Baek, Kyoung-Hee
    • The Korean Society of Law and Medicine
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    • v.13 no.1
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    • pp.91-123
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    • 2012
  • Doctors and patients for the purpose of healing and treatment of disease through the contract will make a relationship. Doctors perform the medical practice for the state and illness of patient. Given that the patient did not cooperate in the doctor's medical practice, it is difficult to achieve the goal of disease healing. If the patient don't cooperate the medical care, and it is linked with a doctor's medical malpractice, patient's violation of obligation in medical cooperation is considered with negligence on the part of patients. However, this negligence should be limited to obvious cases that the patient's behavior is unreasonable although the doctor provides medical information to patients and induced the patient's response. Also, patient's violation of obligation in medical cooperation must result in adjusting the indemnification via a setoff of fault except the cases having causal relationship between doctor's fault and malpractice.

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The Study of Online Piracy Protection -Focusing on Punishment and Moral Obligation- (인터넷 저작권 침해 보호에 관한 연구 -저작권 침해에 대한 처벌 및 윤리의식을 중심으로-)

  • Park, Joo Yeon
    • Journal of Digital Convergence
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    • v.11 no.1
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    • pp.145-151
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    • 2013
  • As the Internet is widely used worldwide, digital asset on the internet becomes to be critical to protect from illegal copying and piracy which is an unlawful action that download or upload copyrighted materials from the Internet without having a right to use them from the copyright owners. Such an illegal and unethical behavior are pervading and becoming a big concern in many industries and business sectors over the world. This study examines the effect of the user's perception for piracy regulation and moral obligation on online piracy intention. Therefore, the purpose of this study is to see the different effect of regulation and moral obligation on piracy attitude and intention so as to suggest an effective method of piracy protection and to bring an attention on moral and ethical education for online piracy. The result of this study showed both punishment and moral obligation toward online piracy are significantly associated with users' attitude on piracy, indicating that higher level of punishment severity as well as moral obligation lead to decrease piracy attitude. This research also revealed that the level of users' moral obligation has a stronger relationship with piracy attitude than punishment.

Differences between the Bank Payment Obligation and Letter of Credit in Global Settlement Method

  • Jon Mo Yoon;Bong-Soo Lee
    • Journal of Korea Trade
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    • v.27 no.2
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    • pp.1-21
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    • 2023
  • Purpose - The bank payment obligation is a transaction method that combines the certainty of L/C transactions with the speed of remittance payments, so the main purpose of this study is to highlight the superiority of bank payment obligation, noting the difference between bank payment obligation and L/C transactions. In addition, we would like to examine how bank payment obligations can actually be applied to support various valuable proposals such as post-shipment and post-shipment finance according to the payment process.. Design/methodology - This study focused on literature based on data from ICC and SWIFT along with previous domestic and international studies. In terms of a research method, a literature review was adopted with electronic trade-related books and journals and policy-related reports from international trade-related agencies. Findings - Unlike L/C transaction, BPO transaction verify the data inquiry process based only on the combination result of the established baseline and dataset. Accordingly, it is superior to L/C transaction in that there is no confrontation between the parties over the results of the inquiry, and clear transactions are possible according to the principle of proof after prepayment. In addition, unlike credit transactions, data inconsistency acceptance procedures confirm payment obligations in consideration of importers' intentions. As a result, as long as trade documents are in the hands of exporting countries, flexible document disposition is possible in response to the situation after payment, which is more advantageous than L/C transaction. Originality/value - Specifically, from the importer's point of view, BPO transactions have the advantage of reducing the manpower required to prepare and review trade documents and processing transaction negotiations with exporters advantageously due to the strength of payment obligations. From the perspective of the exporter, it has the advantage of enabling rapid recovery of trade payments and reducing the risk of importer's cancellation of transactions or content change. From the perspective of participating banks, it is possible to strengthen relations with importer and obtain high commission income by increasing the role of bank reduced by reducing L/C transaction.

A Study on Improvement of the Assessment Criteria for New and Renewable Energy Facilities in the G-SEED (G-SEED의 신·재생에너지시설 평가기준 개선 연구)

  • Kim, Wan-Young;Tae, Choon-Seob;Shin, U-Cheol;Yu, Chang-Kyun
    • Journal of the Korean Solar Energy Society
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    • v.35 no.6
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    • pp.43-50
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    • 2015
  • The G-SEED encourages the installation of new and renewable energy facilities through assessments of the new and renewable energy installation rates. The government also regulates the installation rate of new and renewable energy facilities in the 'Project on new and renewable energy obligation in public installations'. The current criteria concerning the new and renewable energy facilities in the G-SEED are the result of an amendment made in July 2010. As over five years have passed since this amendment, the assessment criteria needs to be reenforced. To improve the current criteria, the calculation results of the installation rate of new and renewable energy facilities in the G-SEED were analyzed and compared to the corresponding calculation results of the 'Project on new and renewable energy obligation in public installations'. And an improved draft for the assessment criteria of the new and renewable energy facilities in the G-SEED was proposed.

SOCIAL ENTREPRENEURSHIP INTENTIONS AMONG UNIVERSITY STUDENTS IN UZBEKISTAN: A CASE OF TSUE

  • Lee, Chaewon;Khabibullo, Jurakulov
    • 한국벤처창업학회:학술대회논문집
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    • 2018.04a
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    • pp.191-197
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    • 2018
  • The purpose of the study is to identify social entrepreneurship intentions among university students in Uzbekistan focusing on the Tashkent State University of Economics(TSEU) as a study area. A 47 item questionnaire was distributed to 371 students of TSUE students in Uzbekistan by using convenience sample method. From a total of the 371 respondents, 278 (74.93%) were male, 93 (25.07%) were females and the average age of the respondents was approximately 22 years. The result indicates that the model in this study accounts for 67,7% of the variance in interpreting the social entrepreneurship intention. This study makes a contribution to the social entrepreneurship research area by including factors such as risk taking propensity, internal locus of control, moral obligation, self-efficacy and empathy as antecedents of the theory of planned behavior that also explains social entrepreneurial intention formation.

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Concept Analysis of Accountability (책무성(Accountability)의 개념분석)

  • Kim, Ki-Kyong
    • Journal of Korean Academy of Nursing Administration
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    • v.10 no.2
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    • pp.233-241
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    • 2004
  • Purpose: The study was done to analyze the concept of accountability. Method: This study adopts a methode of Walker and Avant(1995) for analysis. Result: The defining attributes of accountability are obligation(competency, implementation) of justification, explanation, reporting and disclosure one's action to whom, acception of the evaluation and sanction against results of one's action. The antecedents of accountability are competency, knowledge, skills, values, duty, obligation, authority, empowerment, responsibility, autonomy. The consequences are public safety, improvement of professionalism & healthcare quality, partnership and stress & strain. Conclusions: It is required to develop the ethical concept and theory construction for accountability.

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Deciding Factors in the Baby-boomer Generation and the Elderly Making the Choice of Living with Adult Children (베이비부머세대와 노인의 성인자녀와의 동거를 결정하는 요인)

  • Kwak, In-Suk
    • Journal of Family Resource Management and Policy Review
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    • v.16 no.4
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    • pp.23-44
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    • 2012
  • The purpose of this study is to examine the preference for living with adult children of the baby-boomer generation and the elderly based on independent variables such as demographic characteristics, the values of their children and the consciousness for supporting their parents. The National Survey of Korean Families was done by the Ministry of Equality and Family in 2010. Respondents were 664 baby boomers and 628 elderly, and the results are as follows. First, the baby boomers rely heavily on their spouse, whereas the elderly rely heavily on their children. While both groups desire to live with their spouse in their later years, and the elderly rely the most on their children, they are reluctant to live together. This result shows that the elderly have high expectations for financial and emotional support from their children, but in reality, the elderly have lower expectations for living together and they prefer to live alone or with their spouse. Second, the boomers, who for the most part live in big cities, have comparatively high average monthly income and jobs and own a house, consider filial obligation as their own responsibility and yet tend to live independently. The boomers, who have a relatively high education level, consider living with aged parents as the children's obligation and consider their children as the most reliable people in their lives, and thus have high expectations to live together with their children. Third, the elderly, with a spouse, who consider having raised children to be their happiness, while considering providing financial support for the aging parents to be the children's responsibility, at the same time accept that the obligation of support lies on themselves, the government or the society, and thus have lower expectations of living with their children in later years. The elderly, now living with their family, with generous financial plans for their aging years and considering the children's success as their own success, have higher expectations of living together with their children.

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A Legal Study on the Standard for Conformity of the Goods in the International Sale of Goods (국제물품매매계약상(國際物品賣買契約上) 물품일치성(物品一致性)의 기준(基準)에 관한 법리적(法理的) 고찰(考察))

  • Song, Myeong-Bok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.133-162
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    • 1999
  • The international sale transaction is in essence a sale of goods and presents all those commercial and legal problems in any sale of goods. As a result, A International sales contract imposes several duties on the parties : the seller must deliver the goods and transfer ownership in them, while the buyer must pay the price and take delivery of the goods. However, there are several problems which impede a active transaction between seller and buyer who have their places of business in other countries each other. Therefore, It is necessary to provide the concept on the conformity of goods in the Int'l Sale of Goods. Especially, In our consideration for the point of time when defects occurs, the existence of non-conformity of goods should be judged on the basis of time of delivery rather than time of contract. Moreover, The burden of proof about nonconformity of goods is another fact which make an international dispute between the contractual parties in an international trade. Thus, The consistency in the interpretation of law must be maintained betweened the warranty and seller's liability. In the Uniform Commercial Code and UN Convention, non-conformity of contract is made of contract liability. And in our civil and commercial law provisions of warranty should be understand as the special ones of the provisions of general non-performance of obligation liability. As a result, More concrete study of them is required because they may have a great influence especially on international trade. As a result, We should be our best in finding a helpful and systematic structure that the dualistic structure of nonperformance of obligation liability and warranty liability must be unified by studying the theories of English and American warranty and our legal system, as well as international practice and usage being used in an international trade.

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A Study on the Duty of Nonconformity Notification within a Reasonable Period in Case of Breach of Contract for Goods (물품계약위반시 합리적인 기간 내의 부적합통지의무에 관한 연구)

  • Eun-Bin, Kim
    • Journal of Arbitration Studies
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    • v.32 no.4
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    • pp.33-51
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    • 2022
  • According to the CISG, there are no special regulations for a reasonable period of time among the obligations to notify the contractual suitability of the goods. As a result, many disputes arise in 'notification within a reasonable period' despite being the most important treaty in practice in defining the obligation to notify nonconformities according to the suitability of goods for each case. Regarding the interpretation of Article 39 of the CISG, various judgments and arbitration decisions are being made in each country for a reasonable period to notify that the goods are not suitable for the contract.There are criticisms that these various views are too harsh on the buyer in the buyer's obligation to notify.It is important to create a unified principle because courts or arbitration agencies of the Contracting States of this Convention interpret in various ways the reasonable period of violation of the contract of goods stipulated in the Convention. Since most of the international commodity trading transactions around the world are regulated by the CISG, it is necessary to analyze and interpret cases in which this Convention is applied in court or arbitral tribunal of each country to derive a unified principle.

The Impact of Entrepreneurial Personal Characteristics and Social Entrepreneurship on Social Entrepreneurial Intention (창업자의 개인적 특성과 사회적기업가정신이 사회적기업 창업의도에 미치는 영향)

  • Jo, Hyejung;Kim, Mi Ri
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.15 no.5
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    • pp.157-174
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    • 2020
  • The purpose of this study is to examine the effects of personal characteristics and social entrepreneurship on social entrepreneurship intention, and to determine whether the moderating effect of gender influences on the relationship between personal characteristics and social entrepreneurship. In order to achieve these research objectives, the personal characteristics affecting social entrepreneurship were identified with moral obligation, self-efficacy, and emotional intelligence. Also, prior studies on social entrepreneurship and social enterprise entrepreneurship intention were reviewed. As a result of the study, we find that moral obligation, self-efficacy, and emotional intelligence all had a positive effect on social entrepreneurship. Second, social entrepreneurship had a positive effect on social enterprise entrepreneurship intentions. Third, analyzing the moderating effect of men and women in the relationship between personal characteristics and social entrepreneurship, it was found that there was a difference in the value of the path coefficient representing the relationship between moral obligation and social entrepreneurship. However, there was no moderating effect in the relationship between self-efficacy, emotional intelligence, and social entrepreneurship by gender. Therefore, this study is expected to serve as a reference for people who want to start a social enterprise in the future to verify their characteristics and use them as a way to improve their social entrepreneurship.