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Terms of arbitration in Franchise Agreements (프랜차이즈 계약에서의 중재조항)

  • 윤선희
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.321-351
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    • 2004
  • According to increase of Franchise Agreements, troubles related to those agreements and trading acts occur frequently. As Franchise system had come from Western countries, franchise agreement troubles tend to international disputes. In fact, those parties entered into a franchise agreement prefer arbitration to lawsuit as a dispute resolution system because arbitration is easy to risk-management for cost and time. The essential conditions for Franchise agreements are as follows ; for Franchise to grant Intellectual Properties to Franchisee, to give an impression of the same company between Franchise and Franchisee, to control and support Franchisee, for Franchisee to be an independent merchant, and to pay Franchiser license fee. Because Franchise Agreement is also based on liberty of contract, Franchise and Franchisee could enter into any kind of agreement. However, Franchiser can make an unfair agreement abusing a position of advantage. This paper check those unfair terms and conditions in Franchise agreement. Once they enter into an agreement, they should fulfil their contract. In case of trouble on performing the contract, both of them have to discuss to solve that trouble faithfully. But, they enter into either lawsuit or arbitration in accordance with agreement when they can't reach a decision in general. Specially, which is the most popular dispute resolution hands in case of Intellectual Property License agreement. General international Franchise Agreements have arbitration terms, but there is other case such as separate Arbitration Agreement if the want, which is separate from Franchise License agreement, so even though Franchise License agreement is invalidated, Arbitration agreement continues to exist, This paper reviews Franchise system and the terms of arbitration in Franchise agreement.

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Activity-Based Costing Analysis of Nursing Activities in General Hospital Wards (종합병원 일반병동 간호행위의 활동기준원가분석)

  • Yoon, Ho-Soon;Kim, Jinhyun
    • Journal of Korean Academy of Nursing Administration
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    • v.19 no.4
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    • pp.449-461
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    • 2013
  • Purpose: The purpose of this study was to explore the relationship between cost and revenue for inpatient nursing activities in general wards. Methods: Data were collected from 12 medical-surgical wards in one general hospital from January 1 to December 31, 2010. The nursing activities were categorized into 2 groups according to nursing service payment type in terms of the Korea health insurance system. Descriptive statistics were used to identify nursing activities and nursing activity costs. Results: Of 140 nursing activities identified as performed in general wards, payment for 69 items was included in nursing management fees. The percentage of each cost for the nursing units was 90% for labor, 4% for materials, and 6% for operating expenses. The cost for medical support nursing service accounted for 38% of costs and nursing management fees, 62%. The average profit and loss was -237,257,000 won. The cost recovery rate for nursing service was only 44%. Conclusion: The results indicate a need to measure the economic value of nursing activities performed in general wards and use it as a basis for establishing an adequate reimbursement system for nursing service.

A Study on the Optimal XML/EDl Method for the Port and Logistics Industry (항만물류산업에 적합한 XML/EDl 방안 연구)

  • 박남규;최형림;김현수;이창섭
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2002.03a
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    • pp.59-71
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    • 2002
  • Korean government, port and logistics companies have given a lot of their efforts to exchange electronic documents between themselves and their partners. As the results of them, Korean EDI(Electronic Data Interchange) standards were made by Korean EDIFACT committee and the standards have been used by companies and governmental organizations in Korea. However, Korean port and logistics EDI system is based on YAN(Value Added Network) and one VAN company has monopolistic right to relay EDI documents to Korean HOMAF(Ministry of Maritime Affairs & Fisheries) and Customs Service. Therefore it leads to a lot of problems such as inconvenient software, expensive transmission fee, insufficient improvement of business process and the difficulty of connection with the in-house systems of user companies. For solving these problems, this study is aimed to progress for XML and XML-based electronic commerce framework. This paper shows a optimal XML/EDl method using XML/EDl, BizTalk Framework, ebXML Framework. Fer improving extant problems in port and logistics industry, this paper proposed XML/EDl system based on system architectural level, support technical level, business infrastructure level.

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Marginal Benefit-Cost Analysis of Irrigation Water in Rice Production (미곡생산(米穀生産)에 있어서 관개용수(灌漑用水)의 한계편익(限界便益)·비용분석(費用分析))

  • Lim, Jae-Hwan;Lee, Min-Soo
    • Korean Journal of Agricultural Science
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    • v.28 no.2
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    • pp.132-146
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    • 2001
  • Rice cultivation is not only the main resource of farm income and staple food but also the root of cultural life of Korean people. Korean government has carried out irrigation water development with heavy investment to cope with water shortage in rice fanning as a link of the five years economic development plans. In spite of the continuous accomplishment of irrigation water development, the marginal benefits-costs of irrigation water has not been studied. Owing to the government full support for the operation and maintenance of irrigation facilities, price of irrigation water as a membership fee could not be formed as the municipal and industrial water prices. Accordingly this study is aimed at identifying firstly the marginal benefits-cost of irrigation water, secondly deriving the macro-econometrics models as supply and demand functions of irrigation water and thirdly examining the marginal benefits-cost ratio. The trends of supply and demand prices of irrigation water were estimated annually. Considering the marginal benefits-cost ratio as 1.3, it was identified that additional irrigation water development projects still have an economic feasibility under the present economic situation in Korea.

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Estimating Network Externalities Mark-up in Mobile Telecommunications Service in Korea (이동통신서비스 외부성 마크업 추정)

  • Jung, Choong-Young;Lee, Jong-Yong;Jung, Song-Min
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.36 no.7B
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    • pp.806-817
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    • 2011
  • This paper constructed a model estimating mobile nework externalities based on Ofcom model and estimated externalities mark-up. The main results are as follows: 1) there are 15,626,711 marginal subscribers in mobile network irrespective of its maturity. 2) the value of network externalities ranges 2.1 billions won to 435.4 billions won. 3) the extrenalities mark-up to support marginal subscribers ranges 0.03 won to 6.47 won. This results provide useful implications to policy about mobile network terminations fee as well as externalities mark-up disputes.

Exploratory Study for Franchise Marketing Mix (프랜차이즈 마케팅믹스에 관한 탐색적 연구)

  • Lee, Jung-Won;Lee, Sung-Hoon;Lee, Sung-Hee
    • The Korean Journal of Franchise Management
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    • v.6 no.2
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    • pp.87-104
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    • 2015
  • This study, based on theoretical and practical understanding of franchising, aims to conceptualize franchising in terms of marketing mix and proposes new paradigm of franchising. New schema of the franchise marketing mix involves both customer gap and franchisee gap by including customer and franchisee contacts and sets activities that include components of franchise system as the factor of marketing mix. So we could suggest the franchise marketing mix, '4F' by introducing conventional marketing mix concept into this assumption. The 4F schema consist of four sub-dimensions: 'Format', 'Fee & Royalty', 'Franchising Process', and 'Franchise Communication', which correspond to '4P'. In perspective of marketing mix, we could divide the franchise system into primary activity and support activity, then we also could categorize the fundamental activity into four-classification system, 4F schema. We expect that franchise marketing mix, 4F can be useful both theoretically and practically as it not only is not too different from the conventional marketing mix, but it also proposes franchise value chain by including unique characteristics and contents of the franchise system.

Establishing Plan for Non-governmental Film Classification System (민간자율 영화등급분류제도 도입방안)

  • Yang, Young-Chul
    • The Journal of the Korea Contents Association
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    • v.14 no.12
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    • pp.598-606
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    • 2014
  • While the United States and Japan have non-government film rating system, Korea and France are still maintaining governmental control process. But the restrict showing rate in Korea does possibly violate the Constitution with no theatre for the movies of that rate right now. No other visual media including broadcasting have any outer classification process before their showing. So we need to improve our system by replacing it with non-governmental system. To establish independent non-government rating system, first of all, the major companies of film industry should get together to set up Korean Classification and Rating Association, to support the Film Rating Board. The most important thing is that the board operates independently. Government can support art cinemas financially with rating fee. Juvenile protection groups have to keep watch on the process of the board going fairly as well. The chief obstacle for non-governmental rating system is the fact that major companies don't want to get it. But continuing efforts to find any rational way is worthy enough.

An Uplink Scheduling Algorithm for VoIP in IEEE 802.16d Systems (IEEE 802.160에서 상향링크 VoIP 스케줄링 알고리즘 방식 연구)

  • Kang, Min-Seok;Jang, Jae-Shin
    • Journal of the Korea Society for Simulation
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    • v.15 no.3
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    • pp.87-91
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    • 2006
  • With the growth of the internet, the number of wireless internet users has increased continuously up to date. However, mobile communications could not support high speed transmission rate with cheap communication fee and wireless LAN has problems in providing terminal mobility and wide area connectivity, respectively. So the WMAN standard has been newly designed to make up for these limits. The initial 802.16 specification effectively offers a solution for providing fixed users with high speed wireless communication but it does not offer terminal mobility. So the 802.16d and 802.16e have been developed as the next generation solution that can support various PHY layer (SC, SCa, OFDM, OFDMA) and offer the terminal mobility. In this paper, we propose an effective uplink scheduling algorithm for VoIP with using UGS, and we show that our proposed algorithm is superior in view of average delay and management of uplink bandwidth to conventional rtPS algorithm and the scheme in reference, with using NS-2 network simulator.

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A Study on the Introduction of TURA for the Reduction Toxic Chemicals (독성물질 저감을 위한 TURA 도입방안에 대한 연구)

  • Chae, Jayoung;Lee, Juyoun;Hong, Kyungpyo;Kang, Taesun
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.27 no.4
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    • pp.257-268
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    • 2017
  • Objectives: This study was conducted to review the Toxic UseReduction Act of Massachusetts, USA, which has been evaluated as a successfulcase of a chemical reduction policy, and to search for ways to introduce it inKorea. Methods: We analyzed the implementation of the TURA by attending TUR Planning Course of the Toxic Use Reduction Institute in Massachusetts and researching the related literature. Results: As TURA took effect, the use of chemicals in Massachusetts was reduced, and cost savings were achieved in workplaces. The success factors for the legislation are considered to be support form the federal and state governments and the active participation of business and civic group. Domestic efforts to reduce toxic substances have already begun, so if the process of TURA is appropriately applied to domestic legislation of chemicals control, it would be expected to produce visible results. Therefore, we reviewed the 'Act on Chemicals Registration and Assessment', 'Act on Chemical Control' and 'Act on the Integrated Control of Pollutant-Discharging Facilities' and sought solution for applying TURA to each piece of legislation. For the first case, 'Toxic or Hazardous Substance List' and 'Establishment of Toxic Use Fee' is applicable. For the second case, 'Annual Toxic or Hazardous Substance Reports' is applicable. For the third case, 'Toxic Reduction Plans' and 'Toxics Use Reduction Institute and 'Toxic Use Reduction Planners' is applicable. Conclusions: The government should take notice appropriateness for the reduction of toxic chemicals and provide financial support. Businesses should invest in technologies that build trust with local communities, improve productivity, and reduce costs. Finally, civic group should cooperate with government and businesses.

Improved Slow Charge Scheme for non-communication Electric Vehiclesby Predicting Charge Demand

  • Chang, Tae Uk;Ryu, Young Su;Kwon, Ki Won;Paik, Jong Ho
    • Journal of Internet Computing and Services
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    • v.21 no.5
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    • pp.39-48
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    • 2020
  • Recently, the study and development of environment-friendly energy technique have increased in worldwide due to environmental pollution and energy resources problems. In vehicle industry, the development of electric vehicle(EV) is now on progress, and also, many other governments support the study and development and make an effort for EV to become widely available. In addition, though they strive to construct the EV infra such as a charge station for EV, the techniques related to managing charge demand and peak power are not enough. The standard of EV communication has been already established as ISO/IEC 15118, however, most of implemented EVs and EV charge stations do not support any communication between each of them. In this paper, an improved slow charge scheme for non-communication EVs is proposed and designed by using predicting charge demand. The proposed scheme consists of distributed charge model and charge demand prediction. The distributed charge model is designed to manage to distribute charge power depending on available charge power and charge demand. The charge demand prediction is designed to be used in the distributed charge model. The proposed scheme is based on the collected data which were from EV slow charge station in business building during the past 1 year. The system-level simulation results show that the waiting time of EV and the charge fee of the proposed scheme are better than those of the conventional scheme.