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The Doctrine of Separability and Kompetenz-Kompetenz under International Commercial Arbitration. (국제상사중재에 있어서의 분리원칙과 중재인의 자기관할권판정의 원칙)

  • 박영길
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.211-234
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    • 2004
  • When there is a dispute in international commercial contracts, the arbitration system, which is an ADR system, is often utilized. The Arbitration system can only be put to use when there is an arbitration agreement between the parties concerned, but even in this case, the one party of the contract tries to avoid the braking of the arbitration. In this case, separability doctrine and Kompetenz-Kompetenz doctrine can be used for the smooth operation of the Arbitration system. This paper reviews these two doctrines, taking a close look at UNCITRAL, ICC, America's FAA and case examples, and France's system and its case examples. U.S. has adopted separability doctrine for the Prima paint case but not the Kompetenz-Kompetenz doctrine. English has adopted separability doctrine for the Heyman case but not the Kompetenz-Kompetenz doctrine. However in France, both doctrines are adopted. France, which accords international arbitration the most highly favorable status of the three nations, has developed the legal framework that best promotes the public policy goal of encouraging the use of arbitration agreements in international commerce. In Korea, the above doctrines are prescribed in Article 17 of the arbitration law, as prescribed by the UNCITRAL Model law. However it takes the form of German laws. The adoption of the French system would have been wiser considering the promotion of the arbitration system.

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The Arbitration Clause in the Domestic Technology Transfer Contracts of Public R&D Institutes in Korea (우리나라 공공연구기관의 국내 기술이전 계약 및 중재조항 명기에 관한 연구)

  • Shim, Sang-Ryul
    • Journal of Arbitration Studies
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    • v.19 no.3
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    • pp.121-139
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    • 2009
  • In this rapidly changing knowledge-based society, technology is regarded as one of critical factors for competitive edge and sustainable growth. Therefore, most of countries in the world have strengthened their efforts to promote industrial technology innovation and development. In Korea, KIAT(Korea Institute for Advancement of Technology) newly established m May 2009 as a quasi-government institute with the integration of six organizations including KTTC(Korea Technology Transfer Center) has played a crucial role in transferring and commercializing industrial technologies between public and private sectors. Generally, technology transfer and commercialization have been conducted by the contracts which are very detailed, complex and diverse. To solve any disputes and controversies between the parties, it is essential to make a prior agreement on the amicable settlement by the use of Arbitration Clause. By reviewing the characteristics, process, current situation and model contracts of domestic technology transfer in Korea, it is quite recommend for arbitration-related organizations such as KCAB(Korean Commercial Arbitration Board) to foster the strong campaign for the popular use of Arbitration Clause. It will contribute to settle any disputes and controversies between the parties more speedy, economically and rationally, thereby promoting the technology transfer and commercialization in Korea.

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Intention to Use Digital Banking Services of Young Retail Customers in Vietnam

  • TRAN, Ngoc Anh
    • The Journal of Asian Finance, Economics and Business
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    • v.8 no.8
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    • pp.387-397
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    • 2021
  • The object of this article is to assess the factors affecting the behavioral intention of young retail customers to use digital banking services in Vietnam. In this article, multivariate data analysis techniques including Cronbach's Alpha, Exploratory factor analysis (EFA), Confirmatory factor analysis (CFA), Structure equation model (SEM), and Bootstrapping are used to analyze the data collected from 525 young respondents under the age of 35 who are using or having opportunities to experience digital banking services. The people taking part in the survey were mainly University students with incomes of most of them under VND 5 million. The result from the analysis illustrates that (1) perceived ease of use positively affects intention to use, (2) social influence positively impacts intention to use, and (3) customer support has a positive impact on the intention of young people to use digital banking services. While technology self-efficacy, convenience, and perceived security were found to have an impact on intention to use services in former studies, the influences of these factors on intention to use digital banking services are found insignificant in this research. From these results, the author provides implications for commercial banks to increase the intention to use digital banking of young people in Vietnam.

Effects of hospital environment using health belief model in environmental management on preventive behaviors through responsiveness and health value (환경경영에서 건강신념모델을 이용한 병원환경이 대응성과 건강가치성을 통해 예방행동에 미치는 영향)

  • Jang, Googhyun;Hwang, Changyu;Song, Youngwoo
    • Journal of Korea Society of Digital Industry and Information Management
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    • v.12 no.3
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    • pp.231-257
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    • 2016
  • Several efforts to replace the use of existing fossil energy resources have already been made around the world. As a result, a new industry of renewable energy has been created, and efficient energy distribution and storage has been promoted intensively. Among the newly explored renewable energy sources, the most widely used one is solar energy generation, which has a high market potential. An energy storage system (ESS) is a system as required. In this paper, the design and implementation of an ESS for the efficient use of power in stand-alone street lights is presented. In current ESS applied to stand-alone street lights, either 12V~24V DC (from solar power) or 110V~220V AC (from commercial power) is used to recharge power in systems with lithium batteries. In this study, an ESS that can support both solar power and commercial power was designed and implemented; it can also perform emergency recharge of portable devices from solar powered street lights. This system can maximize the scalability of ESSes using lithium batteries with efficient energy conversion, with the advantage of being an eco-friendly technology. In a ripple effect, it can also be applied to smart grids, electric vehicles, and new, renewable storage markets where energy storage technology is required.

Causal Factors Affecting Mobile Banking Services Acceptance by Customers in Thailand

  • NAVAVONGSATHIAN, Ampol;VONGCHAVALITKUL, Busaya;LIMSARUN, Tanakorn
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.11
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    • pp.421-428
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    • 2020
  • The study investigates the causal factors affecting mobile banking services acceptance by customers in Thailand. This study employs quantitative research methodology and non-probability sampling to draw 400 mobile banking users from the population who are the mobile banking users of commercial banks in Thailand. The online questionnaires were used as a research tool to collect data with the Cronbach's alpha coefficient as 0.931. By using the structural equation model to analyze data, the results have shown that service quality, perceived usefulness, perceived ease-of-use, safety in use, and social factors influenced mobile banking services acceptance by customers in Thailand.By checking the harmony with the statistics χ2 = 108.618, df. = 86, χ2/df. = 1.263, p-value = .050, CMIN/DF =1.263, GFI = .989, AGFI=.962, TLI= .962, CFI = .976, RMSEA = .037,along with testing the weight factor. In conclusion, the research model was found to be harmonious with the empirical data at the significance level 0.05. The findings of this study suggest that the commercial banks should apply this research to understand the acceptance behavior of mobile banking users, also to determining marketing strategies, identifying opportunities and creating a competitive advantage for their services in the future.

A Study on Optimal Nitrox for Safe Underwater Works: Diving Simulation-Based Assessments (안전한 수중작업을 위한 최적 나이트록스 고찰 : 잠수모의 평가)

  • Lee, Woo Dong
    • Journal of the Korean Society of Safety
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    • v.35 no.1
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    • pp.70-78
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    • 2020
  • Nitrox diving was introduced by the NOAA (National Oceanic and Atmospheric Administration) to increase the oxygen content and lower the nitrogen content in respiratory gases. The commercial diving sector specializing in underwater operations has recently introduced regulations on the use of Nitrox. Because the respiratory gas for Nitrox diving has a lower nitrogen content than the normal air, the amount of nitrogen dissolved in the body is small, which not only significantly reduces the decompression time compared to air diving, but also reduces the chance of exposure to decompression sickness. In this study, we applied the VPM (Varying Permeability Model) algorithm to virtual diving with air and Nitrox as a respiratory gas, respectively, to study the optimal Nitrox diving for the safety at the underwater works. The results showed that Nitrox diving had a longer NDL (No-Decompression Limit), a much shorter depression time. In other words, Nitrox diving in underwater works is safer from decompression sickness than commonly used air diving.

Flutter analysis of long-span bridges using ANSYS

  • Hua, X.G.;Chen, Z.Q.;Ni, Y.Q.;Ko, J.M.
    • Wind and Structures
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    • v.10 no.1
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    • pp.61-82
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    • 2007
  • This paper presents a novel finite element (FE) model for analyzing coupled flutter of long-span bridges using the commercial FE package ANSYS. This model utilizes a specific user-defined element Matrix27 in ANSYS to model the aeroelastic forces acting on the bridge, wherein the stiffness and damping matrices are expressed in terms of the reduced wind velocity and flutter derivatives. Making use of this FE model, damped complex eigenvalue analysis is carried out to determine the complex eigenvalues, of which the real part is the logarithm decay rate and the imaginary part is the damped vibration frequency. The condition for onset of flutter instability becomes that, at a certain wind velocity, the structural system incorporating fictitious Matrix27 elements has a complex eigenvalue with zero or near-zero real part, with the imaginary part of this eigenvalue being the flutter frequency. Case studies are provided to validate the developed procedure as well as to demonstrate the flutter analysis of cable-supported bridges using ANSYS. The proposed method enables the bridge designers and engineering practitioners to analyze flutter instability by using the commercial FE package ANSYS.

Development of Simulation Model for Trajectory Tracking on Hydraulic System (유압시스템의 궤적 추종 시뮬레이션 모델 개발)

  • Choi, Jong-Hwan
    • 한국금형공학회:학술대회논문집
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    • 2008.06a
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    • pp.61-66
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    • 2008
  • The hydraulic system have been used much in a heavy machine which high power source is desired. In the case of the heavy press machine and the injection molding machine, the use of the hydraulic power is essential especially for increasing productivity and getting the good products. Because the hydraulic circuit is very complex and the system parameters are uncertain, the development of the simulation model for hydraulic system is not easy in the heavy machine. In this case, Many researchers have used a commercial program for analysis and development in a major field of study. In this paper, the aim is to develop the simulation model of the hydraulic system with various commercial program for trajectory tracking. And adaptive control method is applied to the simulation model for the trajectory tracking of a cylinder motion. Load on the cylinder is modeled in ADAMS program, the hydraulic circuit including pump, spool valve and cylinder is modeled in AMESim program and a controller is designed in MatLab/simulink program. The suggested model is applied for the tracking of a cylinder motion, and through computer simulation, its trajectory tracking performance is illustrated.

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Development of Tool Selection System Aiding CAM Works for Injection Mold (사출금형 CAM 작업 지원용 공구 선정 시스템 개발)

  • 양학진;김성근;허영무;양진석
    • Proceedings of the Korean Society of Precision Engineering Conference
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    • 1997.10a
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    • pp.175-179
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    • 1997
  • As consumer's desire becomes various, agility of mold manufacturing is most important factor for competence of manufacturer. In common works to use commercial CAM system to generate tool path, some decision making process is required to produce optimal result of CAM systems. We propose tool selection procedures to aid the decision making process. The system provides available tool size for machining of design model part of injection mold die by analyzing sliced CAD model of die cavity and core. Also, the tool size information is used to calculate machining time. The system is developed with commercial CAM using API. This module will be used for optimization of tool selection and planning process.

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Effect of Perceived Value of OTT Platform on Consumer's Technology Acceptance, Continuous Use Intention, and WOM

  • Byoung-Jo HWANG;Hee-Young CHO
    • The Journal of Economics, Marketing and Management
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    • v.11 no.5
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    • pp.29-44
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    • 2023
  • Purpose: This study analyzed the effect of the perceived value of the OTT platform on consumers' technology acceptance, continuous use intention, and WOM using the Expanded TAM. Research design, data and methodology: A survey was conducted targeting OTT platform users in their 20s to 40s nationwide from August 10 to 16, 2022, and a total of 208 people were used in the final analysis. To verify the research model, frequency analysis, CFA, and SEM analysis were performed using SPSS and AMOS. Results: First, the perceived value of the OTT platform was found to have a positive effect on consumers' technology acceptance (perceived usefulness, perceived ease of use, and perceived enjoyment). Second, the perceived ease of use of OTT platform consumers was found to have a positive effect on perceived usefulness and perceived enjoyment. Third, it was found that the perceived usefulness and perceived enjoyment of OTT platform consumers had a positive effect on the continuous use intention, and WOM. Fourth, it was found that the continuous use intention the OTT platform had a positive effect on the WOM. Conclusions: Word of mouth and continuous use of existing customers are important for OTT platform companies to retain existing customers and secure new customers. Through the perceived value of the OTT platform, efforts should be made to provide various contents that consumers can enjoy along with usefulness and convenience of functions.