• Korean Journal of Construction Engineering and Management
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• v.19 no.1
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• pp.65-73
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• 2018

Since unfair trading practices between participants in construction project are common, the government has enforced several policies and systems to prevent or minimize the unfair trading practices in construction industry. However, not much attention has been paid to figure out which policies or acts are working or not. This paper analyzed the effectiveness of the policies and acts which are being implemented to prevent unfair trading practices and provided several suggestions to improve the performance of those acts. Survey was conducted to industry experts to collect data regarding their perceptions on those policies and acts. Then the effectiveness of the policies and acts were analyzed in terms of their importance and performance through IPA (Importance-Performance Analysis) based on the survey result. It was found through IPA that execution related acts such as investigation, exposure, and punishment for unfair trading practice have shown low effectiveness in entire construction process and dispute arbitration and mediation related center operated by authority showed low performance too. To improve the effectiveness of those acts, dispute arbitration system improvement, investigation & reporting system consolidation and enhancement practical binding force of punishment and penalty were suggested. Most of all, rules and culture for fair trading should become more established in construction industry by preventing conflict among participants through active communication.

• Journal of Arbitration Studies
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• v.22 no.3
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• pp.165-185
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• 2012

Franchising has proved over many years to be a successful commercial vehicle for the international distribution of products and services. However, there has long been missing a user-friendly model contract that would reflect the diversity of international franchising contracts. Because the ICC has drafted a model form of international franchising contracts, taking into account the most commonly encountered clauses in franchising agreements, their model could be used as a checklist of the core obligations of a cross-border franchise contract. Because there is no internationally agreed-upon uniform legislation on franchising, parties must rely on national laws and regulations applicable to the international franchise (when such laws and regulations exist) and should therefore very carefully draft stipulations for the legal status of the contract. This study has been intended to cite some provisions for striking a fair balance between the interests of the franchisor and those of the franchisee and for avoiding unfair trade acts in international franchising contracts.

• Korean Security Journal
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• no.12
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• pp.245-269
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• 2006

The suggestions that follow are about the device to assure the effectiveness of administrational regulation and supervision in Korean private security. First, government clearance should be reinforced. For this it is necessary that the qualification for security dealer-careers and academic backgrounds with security etc.- should be elucidated in Security Law. Also it should be achieved to increase the capital fund and to keep security guards for insuring substitutional manpower. Second, after legal permission governmental supervision should be done in quality by means of setting up the competent institutions independently. Third, the punishment for obtaining security license mendaciously, carrying out illegal or unfair task and assigning Security Guard Supervisors expediently should be strengthened. Also to prevent expedient acts it is necessary to prescribe illegal or unfair acts in the concrete in Security Law and violators should be legally responsible. Fourth, to lay the foundation for security industry itself and make up for perfunctory governmental direct System for Professional License (of private security guard) should come into effect.

• Journal of the Korean Society of Safety
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• v.37 no.3
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• pp.52-59
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• 2022

Conventionally, all the unsafe acts by human beings in relation to industrial accidents have been regarded as unintentional human errors. Exceptionally, however, in the cases with fatalities, seriously injured workers, and/or losses that evoked social issues, attention was paid to violating related laws and regulations for finding out some people to be prosecuted and given judicial punishments. As Heinrich stated, injury or loss in an accident is quite a random variable, so it can be unfair to utilize it as a criterion for prosecution or punishment. The present study was conducted to comprehend how categorizing intentional violations in unsafe acts might disrupt conventional conclusions about the industrial accident process. It was also intended to seek out the right direction for countermeasures by examining unsafe acts comprehensively rather than limiting the analysis to human errors only. In an analysis of 150 industrial accident cases that caused fatalities and featured relatively clear accident scenarios, the results showed that only 36.0% (54 cases) of the workers recognized the situation they confronted as risky, out of which 29.6% (16 cases) thought of the risk as trivial. In addition, even when the risks were recognized, most workers attempted to solve the hazardous situations in ways that violated rules or regulations. If analyzed with a focus on human errors, accidents can be attributed to personal deviations. However, if considered with an emphasis on safety rules or regulations, the focus will naturally move to the question of whether the workers intentionally violated them or not. As a consequence, failure of managerial efforts may be highlighted. Therefore, it was concluded that management should consider unsafe acts comprehensively, with violations included in principle, during accident investigations and the development of countermeasures to prevent future accidents.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.337-364
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• 2009

Trade remedy is the system that additional duty or import quantity restriction would be imposed on the import products, in case that unfair imports damage domestic industry or even proper import products damage significantly domestic industry. The system is secured by the act of unfair trade practice investigation & industrial damage remedy, tariff act, WTO agreement. Anti-dumping duty act is the system that duties are assessed with the equal or less amount of the difference between normal transaction price and dumping price, in case that the product imported under dumping price causes or may cause damages in domestic industry, or the development of domestic industry should be delayed practically. Recently, the problems related with anti-dumping duty imposed as the part of the trade remedy occur frequently. It is necessary to discuss whether the anti-dumping duty act is practically trade remedy which does comply with GATT regulations and WTO agreements as the criteria of international law and is in line with the intent of domestic act in the suffered country, or it does return to protective trade or reduce the protection of consumer. On the basis of this discussion, it would be difficult to impose the antidumping duty on industrial products in order to protect domestic industry, when considering the expected free trade agreements of Korea-US, Korea-China and Korea-Japan. In order to survive under the current severe competition of world trade market, companies should raise the competitiveness by themselves without relying on the current trade acts to provide with a certain protection. This thesis should bring those attentions.

• 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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.73
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• pp.91-110
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• 2017

Recently, world wide trading which support free trade will increase the economic volume size. It will grow the quality of life. But, the reduce of gap between the rich state and the poor one has always been risen the problem of one of welfare. Trough unregulated trade activities, multinational corporations succeeded in expanding the market globally. However, there were unfair acts such as infringement of serious rights of producer of low development countries. Fair trade has begun to pay fair value to them and to ease inequality, but, as time went by, the its idea became thinner, distorted in the market, or became a marketing tools. So, In this paper, I analyze the limitations and causes of fair trade and suggest directions for fair trade. This Study provided a causes of the limitation of fair trade and for the future, I'll suggest an alternative of limitation of fair trade.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.19 no.3
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• pp.180-185
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• 2018

The literature of unfair labeling and advertising(ULA) was reviewed, along with the requirement for establishing an obligation to compensate for damage(OCD) by it based on the Act on Fair Labeling and Advertising(FLAA). ULA covers cases of possible deception or misleading consumers and thereby undermining fair trade order, or making other business entities do so. FLAA regulates OCD by ULA, but the Civil Act should also be considered for its effective results since the Act regards ULA as unlawful and duty bound to make compensation for damages arising therein. In this context, the study analyzed qualitatively 17 supreme court precedents related to OCD by ULA among a total of 119 by advertising to find the characteristics of the judgemental principles. It is found that most principles came from FLAA and the Act focusing on the meaning of false or exaggerated advertising, which is one of the following five ULA types according to its standards of judgment: its requirement for fraudulent acts, the meaning of damage by it, the perspective of calculation of damages, the requirement of OCD, and the characteristics of claim for damages. A more effective policy is suggested based on FLAA and related research should be continually carried on.

• Korean Journal of Human Ecology
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• v.18 no.5
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• pp.1155-1168
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• 2009

The purpose of this research is to investigate the realities and problem cases that occurred in the establishment and management of elderly housing facility in order to suggest the recommendations that help to improve the problem cases. For this purpose, 21 elderly housing facilities, which were established between 1996 and 2008 in Korea, were investigated with a documentary research method in terms of founders, managers, locations, the number of housing units, how to move-in. Also the problem cases that occurred in the establishment and management of 21 elderly housing facilities were investigated. The results were as followings. 1. Main founders and managers of 21 elderly housing facilities were the special companies for elderly housing, building companies, and social welfare corporation. Changes in the founders and managers were caused by financial problems; More than half of 21 elderly housing facilities were located in Seoul and near area; About a half of 21 elderly housing facilities had 100~200 housing units; An individual unit of elderly housing facilities can be rented or purchased, rented only, and purchased only. 2. The problems in the establishment and management of elderly housing facilities were non-return of deposit money, illegal sale of housing units, non-public registration of elderly housing facility, false advertisement, and unfair contract. 3. The problems in the establishment and management were mainly caused by the weakness in the regal and administration system for elderly housing and the illegal acts of founders and managers.

• Cartoon and Animation Studies
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• s.49
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• pp.221-246
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• 2017

Visual narrative or storytelling involve two important aspects of the cognitive perception: the conscious and subconscious. Color is one of the cognitive storytelling elements, its interpretation is captured by the subconscious and it is considered an emotional resource due to its psychological background. On the other hand, the character is also part of cognitive perception and storytelling tool, but this is interpreted consciously, character is considered as a logical resource. Ghibli and Disney have organized their cinematographic techniques in different ways, so it would be unfair to say that one narrative style is better than the other, it depends of perception of beauty which varies according to society. However the present study seeks to determine the differences between Ghibli and Disney narrative style, taking as reference color. Ghibli and Disney are perfect example about color effects as a storytelling agent, It can be classified in two aspects: dynamics of color and color as a narrative sequence. The dynamics of color analyzes how color acts and is perceived into a stage, its meaning and symbolism regardless of the character's actions. The narrative sequence studies how color thermologic evolves in scene's development.