• International Commerce and Information Review
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• v.18 no.4
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• pp.263-281
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• 2016

The Importance of SEP (Standard Essential Patents) Procurement Operation is on the side of Governmental and Public both to accelerate the national trade negotiation competitiveness. To operate cooperative system of SEP creation and management, Government should monitor the effect and performance periodically to public sectors. and To achieve the support objectives, it should establish the virtuous circle infrastructure between R&D and economic performance on SEP. This can make the SEP enhancement to pursue the international competitiveness on Intellectual Property Rights. Especially the specific support approach to each phase of the SEP declaration matrix is essential to consolidate the possibility of SEP creation and acquisition. In this study, the concepts of SEP to accelerate the national trade negotiation competitiveness and the prior research were verified through the investigation of market trend and current state of affair analysis. Through the analysis of international and domestic situation of SEP procurement and management, We have found the results as follows. First of all, the leading conglomerates and the Government should focus on the secondary and tertiary industries to create and acquire SEPs to accomplish the effectiveness of selection and concentration. In second, the SMEs and Univ. Labs should focus on the quaternary sector of the economy to retain the competitiveness of speed and challenge on SEP related. From this study, the appropriateness of the tailored-support management model should be institutionalized, and the results implied an research in order to examine the suitability among the current SEP to enhance the competitiveness of national trade research issues.

• Journal of Korean Academy of Nursing Administration
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• v.5 no.3
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• pp.425-444
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• 1999

The purpose of this study is to survey evaluation of the nurse on the current Performance Appraisal System. the need for future performance of the nurse and the opinions about the job rotation, and suggest the direction of improvement by obtaining basic data to improve personnel management of the nurse in a hosipial, the subject of the investigation. The study was conducted self-reporting questionniare survey of 330 nurses working at C hospital located in Chonbuk Province and the data was collected from May 4. 1999 through May 14. The research used measuring instrument developed by researcher for evalution about the present performance appraisal. the need for the future performanc appraisal system and the opinion of job rotaion. The analysis of the collected data was computerized using SPSS/PC+ program, calculated frequency, percentage, the mean and standard deviation and used Pearson, s Correlation Coefficients, t-test, chi- square test. Major findings are as follows. 1) As for the purpose of the current performanc appraisal, the appraiser recognized it as a security of promotion standard, while the employee saw it as a means for control as guidance and supervison of work. 2) With regard to use the result of the present performance appraisal, appraiser picked ambiguous appraisal standard, employees recognized unilateral evaluation of superior eliminated the participation of them as the highest priority. 3) In relation to the current criteria for promotion of the nurse, both appraisers and employees placed more weight on the length of clinical than performance appraisal score. 4) There is much possibility of the appraiser making an error to evaluate considering the length of performance appraisal. 5) Both appraisers and employees indicated that prospective result of performance appraisal should be used for the ability development & motivation of the individual. 6) Concerning employee's participation for performance appraisal both sides wanted by far more participation. 7) Regarding the most ideal appraisal method, both parties favored most the way added up the evaluation of the head nurse and peer review and followed by the manner the revaluation of the head nurse by considering self-evaluation. 8) As to the individual interview after the appraisal, more than 60% of appraisers responded it's not necessary, while above 88.5% of employees answered it is essential so that it is showed significantly difference between the appraisers and the employees. 9) As far as open of the evaluation result is concerned. 75% of the appraiser were against it but 80% of the employee were for it so that it showed significantly between them. The most principal reason that the employee want is that it motivates the individual's ability development and the fairness of the appraisal increases. 10) Whether the periodical rotation is necessary or not, 80% of appraisers and employees answered it's necessary, however, over 70% of them did not want the rotation. 11) Work-group Cohesiveness level within the nursing unit was attentive different from desire of the rotation, that is, the work group cohesiveness level of nurses wanting rotation was significantly lower than that of the group not desiring it.

• International Commerce and Information Review
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• v.14 no.3
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• pp.281-306
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• 2012

Global competition has resulted in companies' expectations to heighten competitiveness and enhance customer service through ownership companies' reduced investment on logistics costs, in turn focusing on the development of core competence, in addition to logistics companies' increased tendencies to satisfy customers' needs and requirements through logistics outsourcing. However, a partial perspective of the logistics contract exists due to its flexible characteristic in order to act accordingly in times of sudden changes and uncertainty. Therefore, this study is designed to test through a survey the standard of desired format of logistics contract in comparison to the currently existing format based on the results of researcher's previous study on the specific clauses in the logistics contract and its effect on the logistics outcome. A hypothesis has been designed to test the differences of perspective between two test groups, and a t-test &IPA (Importance-Performance Analysis) was performed. As a result, firstly, there was a significant difference of perspective between the ownership companies and logistics companies when dealing with the logistics contract; secondly, a significant difference of perspective was also expressed between the two groups on how to guide and re-direct the present standard of logistics contract. In addition, the two groups also showed a difference of expectations between the current and future service standard. Therefore, this study is designed to specify the difference of perspective and expectations between the ownership companies and the logistics companies in order to provide a gateway for the two groups in order to further develop and enhance the field of logistics.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.25
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• pp.3-40
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• 2005

Many Korean construction companies have been performing a variety of overseas construction projects since the 1970s. It is unfortunate that in many cases they have had to suffer big losses caused by errors and defects in the design and construction of the projects. In the author's opinion, however, there were losses that could have been avoided if they had understood better the feature and content of the particular construction contract. Few lawyers and scholars in Korea have been interested in the research and study of international construction contracts. This is mainly because they do not have access to practical sources outside of Korea for them to research and study since the contracts undertaken have been dealt with by law firms in other jurisdictions to which the disputes apply. This article is aiming primarily at the introduction of the issues which the practitioners are likely to confront in the process of reviewing and performing the international construction contract. In some cases solutions are sought about these issues based upon the FIDIC standard terms and conditions, the actual experience of practice, and UNIDROIT Principles, etc. It is reasonable to say that all the issues related to the international construction contract cannot be covered in a short article like this. The author wishes this article could induce subsequent studies on international construction contracts for further research. It has to be noted that from time to time Korean construction practices have been compared to the international ones for better understanding. This article mostly includes cases where the Korean construction companies go overseas for their projects, while there are some cases where foreign developers and financial investors participated in domestic projects in which international construction contracts forms were adopted. A few precedent domestic writings about international construction contracts seems to lack emphasis on the points that there are several standard construction contract forms and that they are different. The differences are mainly in accordance with who bears the design responsibility, how the owner has to make progress payments to the contractor and who the funding source for the project is. This article tries to make it clear that there are significant differences between the standard contract forms, e.g. a simple construction form, a design-build form and an EPC/turnkey form of contract. Again, the author hopes that this article can arouse the interest in the international construction contracts from both academic and practical fields, so that many subsequent advanced articles can help our construction industry become much more competitive in the world through awareness of the methods of procurement and administration of the contracts.

• International Commerce and Information Review
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• v.19 no.2
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• pp.145-166
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• 2017

The FTA conventional tariffs shall be applied that the imported goods are subject to the conventional tariffs under any agreement, and the origin of the good is the contracting state in accordance with the criteria for determination origin under any agreement. An importer who intends to be eligible for the application of a conventional tariff shall file a request for the application of a conventional tariff with the head of the competent customs house before the relevant import declaration is accepted. The purpose of this study is to examine the legal standard and verification cases for the judgement of the tax tribunal of FTA conventional tariffs. Through this study, this paper is to provide several implications for companies seeking the benefits of FTA conventional tariffs. The Korean companies to do the following: confirm the effective requirements for direct transport of goods through non-parties under the Korea EU FTA, confirm the criterion for application of conventional tariffs such as certificate of origin and claims for ex post facto conventional tariffs under the Korea US FTA, confirm the issuer of origin declaration and the recognition of origin declaration of bill of lading under the Korea EU FTA, utilize the tax appeal system by denial of FTA conventional tariffs, and prepare the discrepancies in interpretation of legal standard under FTA and FTA Special Customs Act.

• The Journal of The Korea Institute of Intelligent Transport Systems
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• v.15 no.5
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• pp.20-28
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• 2016

A Ubiquitous City (U-city, Smart City) is one that ties information communications technologies (ICT) into many facets of city construction, thereby implicitly intending to function as a smart city that aims to be efficiently managed as well as provide an enhanced standard of living for its residents. Laws related to the construction of such ubiquitous cities point to integrated city management centers, intelligent facilities, and U-City infrastructure, among others, as central components of U-Cities, but do not provide a standard for these structures. Consequently, building of U-Cities by local governments are based on arbitrary judgments constrained the myriad of practical limitations that they face. Such ambiguity brings to light the need to find ways to improve the quality of these efforts. The first and second stages of this research examine the status of the components of a U-City -ubiquitous planning, technology, infrastructure, and services - and undertakes a comprehensive review thereof, with evaluation criteria formulated on the characteristics of stability, connectivity, goal-orientation, and development potential. In the research's third stage, a realistic and detailed evaluation index by which U-Cities can be renewed, demonstrated, and applied (???) is introduced in a step-by-step fashion, which will allow for local governments to properly assess the standard of their U-City in relation to the realities of the locality. Through the research result, it is expected that the index will become a part of the continued development and advancement of the "smart" character of an autonomous U-City at the local scale, and contribute to the overall revitalization of the U-City.

• Communications for Statistical Applications and Methods
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• v.18 no.5
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• pp.581-594
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• 2011

The traditional method of 3+3 standard design and model-based Bayesian continual reassessment method (CRM) are commonly used in Phase I clinical trials to identify the maximal tolerated dose(MTD) of a new drug. In this paper we review clinical examples of Phase I trials that were carried out in patients with refractory or relapsed leukemia and myelodysplastic syndrome. The recently proposed 3+1+1 design and rolling-6 design can shorten the trial duration, when a very slow accrual of patients with a simple 3+3 standard design may result in the untimely termination of trials. Too conservative approaches in determining the dose levels in Phase I clinical trials can leave clinical investigators unable to accurately determine the MTD. When determining future patient doses, the designs that use a time-to-event CRM can cooperate late toxicities by accounting for the proportion of the observation period of each enrolled patient. With the CRM design, simulations under different scenarios during the trial are important in detecting the under- or over-estimation of the initial estimate of the dose-limiting toxicity rate for each dose level. We present the advantages and drawbacks of the designs used in Phase I clinical trials for leukemia patients.

• The Korean Journal of Air & Space Law and Policy
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• v.19 no.1
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• pp.79-107
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• 2004

Shielding theory is to allow the construction of a structure that would be shielded by existing permanent structures even thought such structure extends above the height limits prescribed for such zones. This theory is mentioned as recommended practices in ICAO Annex, and is adopted, with modification, in the current Military Airbase Law, amended in August 26th 2002. However, the Military Airbase Law adopts shielding standard allowing 45 meters uniformly, which is a unique standard compared to other countries shielding guideline. The basic principle in applying the shielding theory is, after considering the circumstances of location of shielded structure, whether such structure has physical effect on aeronautical operations. Based upon the basic principle of shielding theory, the uniform application of shielding standard in the Military Airbase Law would undermine the safety of aeronautical operations. This article is to review subsection 2 of section 8 of the Military Airbase Law, which adopts modified shielding theory, and is to suggest better guideline. From a comparative analysis perspective, shielding guidelines of ICAO and other countries will be discussed. Based upon this discussion, the general problems of shielding theory and the specific problems in the Military Airbase Law will be examined. Finally, this article suggests the case-by-case application of shielding theory, considering circumstances of location, for the purpose of ensuring aviation safety.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.429-460
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• 1999

The letter of credit is quintessentially international. In the absence of international legal system, a private system based on banking practices has evolved, commanding the adherence of the international letter of credit community and providing the foundation of th reputation of this instrument. To maintain this international system, it is vital that international standard banking practice should not be subject to local interpretations that misconstrue or distort it. The UCP is a formulation of international standard banking practice. It is neither positive law nor a "contract term" in any traditional sense and its interpretation must be consonant with its character as a living repositary of international understanding in this field. As a result, the interpretation and application of specific articles of the UCP must be consistent with its evolving character and history and with the principles upon which sound letter of credit practice is predicated. This study, especially, focuses on article 13 and article 14 of the UCP500. Article 13(b) of UCP500 stipulates that banks will have a reasonable time, not to exceed seven days, to examine documents to determine whether they comply facially with the terms of the credit. The seven-day provision is not designed as a safe harbor, because the rule requires the issuer to act within a reasonable time. But, by virtue of the deletion of the preclusion rule in the document examination article in UCP500, however, seven days may evolve as something of a safe harbor, especially for banks that engage in strategic behavior. True, under UCP500 banks are supposed to examine documents within a reasonable time, but there are no consequences in UCP500 for a bank's violation of that duty. It is only in the next provision. Courts might read the preclusion more broadly than the literal reading mentioned here or might fashion a common-law preclusion rule that does not require a showing of detriment. Absent that kind of development, the change in the preclusion rule could have adverse effects on the beneficiary. The penalty, strict estoppel or strict preclusion, under UCP500 and 95UCC differs from the classic estoppel. The classic estoppel rule requires a beneficiary to show three elements. 1. conduct on the part of the issuer that leads the beneficiary to believe that nonconforming documents do conform; 2. reasonable reliance by the beneficiary; and 3. detriment from that reliance. But stict preclusion rule needs not detrimental reliance. This strict estoppel rule is quite strict, and some see it as a fitting pro-beneficiary rule to counterbalance the usually pro-issuer rule of strict compliance.

• Journal of Korean Society of Transportation
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• v.27 no.1
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• pp.97-105
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• 2009

It is expected that logistics standardization have an great effect on industry and national economy due to cost saving and improving efficiency. Therefore all countries of the world make a strenuous effort to take a lead of logistics standardization Despite such efforts of every country, our country remained a lukewarm attitude about logistics standardization. Especially, our country remained a lukewarm attitude about logistics standardization effect quantify. We have to suggest the necessity of standardization and the effect for carrying out logistics standard. So, this study performed literature review and case study for development of effect valuation method. Also, this study developed effect valuation standard for quantifiable standardization effect and drew the effect valuation standard model. First, the measure of preliminary effectiveness was chosen for MOE selection. As a results, vehicle load ratio, delivery cost, keeping space efficiency warehouse automation ratio, etc. were selected. Then, vehicle/truck load ratio, warehouse keeping efficiency, up unloading hour, packaging cost, consistency transportation ratio were chosen for MOE of pallet standardization.