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The Present State and Solutions for Archival Arrangement and Description of National Archives & Records Service of Korea (국가기록원의 기록물 정리기술의 현황과 개선방안)

  • Yoon, Ju-Bom
    • Journal of Korean Society of Archives and Records Management
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    • v.4 no.2
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    • pp.118-162
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    • 2004
  • Archival description in archives has an important role in document control and reference service. Archives has made an effort to do archival description. But we have some differences and problems about a theory and practical processes comparing with advanced countries. The serious difference in a theory is that a function classification, maintenance of an original order, arrangement of multi-level description are not reflected in practical process. they are arranged in shelves after they are arranged by registration order in a unit of a volume like an arrangement of book. In addition, there are problems in history of agency change or control of index. So these can cause inconvenience for users. For improving, in this study we introduced the meaning and importance of arrangement of description, the situation and problem of arrangement of description in The National Archives, and a description guideline in other foreign countries. The next is an example for ISAD(G). This paper has chapter 8, the chapter 1 is introduction, the chapter 2 is the meaning and importance of arrangement of description, excluding the chapter 8 is conclusion we can say like this from the chapter 3 to the chapter 7. In the chapter 3, we explain GOVT we are using now and description element category in situation and problem of arrangement of description in Archives. In the chapter 4, this is about guideline from Archives in U.S.A, England and Australia. 1. Lifecycle Date Requirement Guide from NARA is introduced and of the description field, the way of the description about just one title element is introduced. 2. This is about the guideline of the description from Public Record Office. That name is National Archives Cataloguing Guidelines Introduction. We are saying "PROCAT" from this guideline and the seven procedure of description. 3. This is about Commomon Record Series from National Archives of Australia. we studied Registration & description procedures for CRS system. In the chapter 5, This is about the example which applied ISAD to. Archives introduce description of documents produced from Appeals Commission in the Ministry of Government Administration. In the chapter 6, 7. These are about the problems we pointed after using ISAD, naming for the document at procedure section in every institution, the lack of description fields category, the sort or classification of the kind or form, the reference or identified number, the absence description rule about the details, function classification, multi-level description, input format, arrangement of book shelf, authority control. The plan for improving are that problems. The best way for arrangement and description in Archives is to examine the standard, guideline, manual from archives in the advanced countries. So we suggested we need many research and study about this in the academic field.

A Study on Regulation of Video on Demand Advertisements (주문형서비스(Video on Demand) 광고 규제에 관한 연구)

  • Cho, Dae-keun;Kim, Ki-youn
    • Journal of Internet Computing and Services
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    • v.17 no.4
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    • pp.145-159
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    • 2016
  • This study points out the problems of absence of the legislation for standard regulation on Video on Demand(VoD) advertisement which grows so fast lately, for this it recommends making legal references, which have the definition of non-linear broadcasting & VoD advertisement and VoD advertisement standard regulation in the merged Broadcasting Act, and adopting co-regulation system. Pay TV operators providing VoD service have the opportunities to make money as subscribers uses it increasingly. In case of linear service, the Broadcasting Act regulates the advertisement strictly, but not the VoD ads. The reason why is that Korean legislation including the Broadcasting Act does not have legal reference to regulate it, instead of that, it rely on the self-regulation system which is operated by pay-tv players who provide the VoD ads. So, there is the limitation to protect the minors such as children and youth from the harmful VoD ads, to be invulnerable for advertisers to influence to advertising agents, and to ensure the regulatory effectiveness under player-centric self-regulatory regime. In this context, this study analyses the how to regulate VoD ads standard with a three-pronged approach. First, it analyses the VoD ads regulation system in overseas countries, UK, Canada, EU and Ireland. Each country has the legal reference to regulate it in the Broadcasting Act or lower statures and adopts the co-regulatory regime the NRA and the 3rd entity operate together. Second, it reviews the objectives and scope of VoD ads standard. This study recommends that the objective of it is users protection and the scope of it is standard regulation not commercial practice. Third, this study researches how to legislate for regulation of VoD ads standard. Considering VoD service's characteristics(non-linear service) and legal position of Ads agency(i.e. pay tv operators), it suggest that legal reference will be in the integrated Broadcasting bill, which is the general law, not individual. If it is available to regulate VoD ads standard with co-regulatory regime, it expects the enhancement of user protection from the harmful VoD ads and make up sustainability of the pay-tv players' self-regulation.

A comparative study of management system of unregulated agricultural pesticides in Korea, the European Union, and the United States of America: a review (비규제 농약 관리를 위한 한국, 유럽, 미국의 농약관리체계 비교분석)

  • Nam, Sun-Hwa;Kwak, Jin Il;Kim, Dasom;An, Youn-Joo
    • Journal of Applied Biological Chemistry
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    • v.61 no.2
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    • pp.195-204
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    • 2018
  • Pesticide residue in the eggs in the market has become a significant problem in Korea. In particular, the detection of fipronil indicated that unregulated pesticide residue can be present in livestock products, including eggs. Institutionally unregulated pesticides are a risk to human health and the ecosystem. In this study, we analyzed the system of agricultural pesticide management in Korea, the European Union, and the United States of America (USA) and discussed the problems of the Korean management system and the possible improvement directions. Based on the analysis, we considered three tasks: registration of pesticides, pesticide residue levels in food, and pesticide residue levels in environmental media. The registration of pesticides was conducted by the Ministry of Agriculture, Food, and Rural Affairs in Korea; the Directorate-General for Health and Food Safety in the European Commission (EC); and the US Environmental Protection Agency (USEPA) in the USA. The work regarding pesticide residue levels in food was conducted by the Ministry of Food and Drug Safety in Korea, the Directorate-General for the Health and Food Safety in the EC, and the USEPA and Food and Drug Administration in the USA. The work regarding pesticide residue levels in environmental media was conducted by the Ministry of Environment in Korea, the Directorate-General for Environment in the EC, and the USEPA in the USA. Therefore, Korea should review the extension of pesticide residue standards in the environmental media for strengthening the system of management of unregulated agricultural pesticides.

A Study of Efficient Measures for Installing and Managing Traditional Market Arcades (전통시장 아케이드의 설치 및 관리 효율화 방안 연구)

  • Kim, Young-Ki;Kang, Heon-Soo;Kim, Seung-Hee
    • Journal of Distribution Science
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    • v.10 no.3
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    • pp.15-30
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    • 2012
  • It has been 10 years since the facility modernization projects of traditional markets was rigorously undertaken. Although more than 835 traditional Korean markets nationwide have already completed these projects, there does not exist a specific set of standards of installation, future maintenance, and management. As a result, the complaints made by civil stakeholders in accordance of the actual facility installation caused problems and delays of related projects. In addition, while some local governments secured and implemented their own differing standards, others have not yet established their own separate standards for maintenance and management. Specifically, 694 traditional markets nationwide were supported for the cost of installing arcades by 2010. For the short period of time after the arcade-supported projects were deployed, the number of the traditional markets had been rapidly growing as a prime example of the facility modernization projects. The arcade facilities are being planned and installed merely for screening the rain or the sun. Without fundamental data for the newly landscaped environments or information on the actual conditions of usage and assessment, there is a lack of comprehensive approaches that could possibly organize the public environments. Furthermore, the amount of support needed for repairs, maintenance, and management from the central and local governments is gradually increasing. Thus, it becomes both crucial and necessary to complement the current set of standards. The purpose of this study is to examine the actual conditions of usage, maintenance, and management among those traditional market facilities that were installed with the supports of the facility-modernization projects, especially for arcades. This will be carried out through investigating the local problems, issues, and considering international case studies. The results of this study will provide measures for effective and efficient installation and management of traditional market arcades. Improvements in the use of public resources could be directed towards transforming public business, as well as public enhancement and functional maintenance and reinforcement. Under this condition, the arcade is not a simple area to avoid rain or sunlight; it becomes a public space. It is highlighted that the arcade should establish its public business not only to activate markets but also to refine street environments and revitalize local communities. A more specific way to improve is introduced through systematic supplementation. This is needed to attract effective participation from local residents and is done so by conducting a fair procedure from the first stage of business and by providing guidelines for establishing arcades as public facilities. The study points out to the problem of merchants-centered plans and street use. It presents the need to expand to involve residents and customers. Given that the arcade is a public facility and merchants' ability to maintain it is limited, manuals and systems for its maintenance needs to be introduced through multi-party agreement of merchants, government, residents and customers.

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A Study on the Meaning & Classification of Conventional Markets (전통시장 개념 및 분류체계 재정립에 관한 연구)

  • Kim, Young-Ki;Kim, Seung-Hee;Lim, Jin
    • Journal of Distribution Science
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    • v.9 no.2
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    • pp.83-95
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    • 2011
  • Conventional markets in Korea have played a pivotal role in the vitalization of local communities and economies along with the distribution of products. Although many people believe the markets to be disorderly, they are lively and provide local people with things to enjoy, watch and buy. However, superstores have undergone a mushrooming proliferation since Korea opened its gates to multinational superstores in 1996. This phenomenon has caused a crisis for Korea's conventional markets. They have lost their competitiveness because of this environmental change, inefficient management, and their outmoded facilities. Government efforts to revitalize the markets have centered on redevelopment of the facilities, a perspective that has caused not only the fall of the old business districts but also the decline of the distribution function. Under these conditions, the traditional market has re-entered into competition. The Korean government enacted a special law to revitalize the conventional markets and has been implementing many policies to support them since 2003. In 2009, the government amended the law and adopted the Business Improvement District System. The government also changed the official term from 'old markets' to 'Conventional markets'. Despite this legal amendment, though, we still need to re-establish the concept of the Conventional market. Historically, markets grew up spontaneously to dispose of surplus products. Some manmade markets were established through urban planning or as public facilities. Their businesses transactions have always been based on mutual trust between consumers and trades people, the traditional way of commercial dealing. Conventional markets can be defined, then, as creatures of societal necessity where transactions for services and products are based on mutual trust. Problematically, unlisted markets are left out of government support. Although unlisted markets have performed almost the same functions as listed markets, they exist only as a statistic as far as the special law is concerned. In some areas, there are more unlisted markets than unlisted ones. Therefore, it is necessary to establish systematic management methods for the unlisted markets. Some unlisted markets received support in the form of facility improvement from local governments' budgets in the early stage of the special law's enforcement. The current government also assists with safety issues involving unlisted markets; however, the current special law provides no legal framework for unlisted markets. Moreover, consumers cannot tell the difference between unlisted markets and listed ones. Finding a solution to this problemrequires new standards and a wider scope of support by which the efficiency of the market improvement support system might be enhanced.

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The Impact of M&As with a Start-up on Shareholder Wealth (상장기업과 스타트업과의 인수합병이 주주의 부(富)에 미치는 영향에 관한 연구)

  • Cho, Sung-woo;Song, Hyunju;Jung, Jin-young
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.11 no.6
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    • pp.1-9
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    • 2016
  • In this study, we investigate the announcement effects of M&As with a start-up as a target firm on shareholder wealth of an acquiring firm. We use M&A events in KOSPI or KOSDAQ market between 2002 and 2014 after the financial crisis. Among the total 1436 mergers and acquisitions that took place domestically during this period, 1383 cases were selected as cases to be studied, excluding 53 cases where acquiring firms were unlisted firms. The results of the analysis are as follows: First, as a result of a comparison between the acquiring firms' CARs of the whole sample group(n=1383) occurred during the (-2, +1), (-5, +2), (-10, +5) periods of M&A announcement date(t=0) and the sub-sample group(n=468) where the target firms are start-ups which were established within five years, the acquiring firms of the whole sample group do not show significat CARs, while the acquiring firms of the sub-sample group show the significantly positive CARs. This suggests that M&A with start-ups have a positive effect on firm value of acquiring firms. Second, when merging unlisted start-ups, the acquiring firms show positive CARs, showing that there exists a listing effect in the merger of start-up. Third, merging the start-ups belonging to the high-tech industry shows the higher CARs than the case of merging the start-ups belonging to the non-high-tech industry. This study has great significance as the first in Korea to investigate the effect of M&A announcement with a start-up.

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How to Reflect Sustainable Development, exemplified by the Equator Principles, in Overseas Investment (해외투자(海外投資)와 지속가능발전 원칙 - 프로젝트 파이낸스의 적도원칙(赤道原則)을 중심으로 -)

  • Park, Whon-Il
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.31
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    • pp.27-56
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    • 2006
  • Today's financial institutions usually take environmental issues seriously into consideration as they could not evade lender liability in an increasing number of cases. On the international scene, a brand-new concept of the "Equator Principles" in the New Millenium has driven more and more international banks to adopt these Principles in project financing. Sustainable development has been a key word in understanding new trends of the governments, financial institutions, corporations and civic groups in the 21st century. The Equator Principles are a set of voluntary environmental and social guidelines for sustainable finance. These Principles commit bank officers to avoid financial support to projects that fail to meet these guidelines. The Principles were conceived in 2002 on an initiative of the International Finance Corporation(IFC), and launched in June 2003. Since then, dozens of major banks, accounting for up to 80 percent of project loan market, have adopted the Principles. Accordingly, the Principles have become the de facto standard for all banks and investors on how to deal with potential social and environmental issues of projects to be financed. Compliance with the Equator Principles facilitates for endorsing banks to participate in the syndicated loan and help them to manage the risks associated with large-scale projects. The Equator Principles call for financial institutions to provide loans to projects under the following circumstances: - The risk of the project is categorized in accordance with internal guidelines based upon the environmental and social screening criteria of the IFC. - For Category A and B projects, borrowers or sponsors are required to conduct a Social and Environmental Assessment, the preparation of which must meet certain requirements and satisfactorily address key social and environmental issues. - The Social and Environmental Assessment report should address baseline social and environmental conditions, requirements under host country laws and regulations, sustainable development, and, as appropriate, IFC's Environmental, Health and Safety Guidelines, etc. - Based on the Social and Environmental Assessment, Equator banks then make agreements with borrowers on how they mitigate, monitor and manage the risks through a Social and Environmental Management System. Compliance with the plan is included in the covenant clause of loan agreements. If the borrower doesn't comply with the agreed terms, the bank will take corrective actions. The Equator Principles are not a mere declaration of cautious banks but a full commitment of lenders. A violation of the Principles in the process of project financing, which led to an unexpected damage to the affected community, would not give rise to any specific legal remedies other than ordinary lawsuits. So it is more effective for banks to ensure consistent implementation of the Principles and to have them take responsible measures to solve social and environmental issues. Public interests have recently mounted up with respect to environmental issues on the occasion of the Supreme Court's decision (2006Du330) on the fiercely debated reclamation project at Saemangeum. The majority Justices said that the expected environmental damages like probable pollution of water and soil were not believed so serious and that the Administration should continue to implement the project seeking ways to make it more environment friendly. In this case, though the Category A Saemangeum Project was carried out by a government agency, the Supreme Court behaved itself as a signal giver to approve or stop the environment-related project like an Equator bank in project financing. At present, there is no Equator bank in Korea in contrast to three big banks in Japan. Also Korean contractors, which are aggressively bidding for Category A-type projects in South East Asia and Mideast, might find themselves in a disadvantageous position because they are generally ignorant of the environmental assessment associated with project financing. In this regard, Korean banks and overseas project contractors should care for the revised Equator Principles and the latest developments in project financing more seriously. It's because its scope has expanded to the capital cost of US$10 million or more across all industry sectors regardless of developing countries or not. It should be noted that, for a Korean bank, being an Equator bank is more or less burdensome in a short-term period, but it must be conducive to minimizing risks and building up good reputation in the long run.

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A Study on Management Measures of Street Vendors in the Vicinity of Traditional Markets (전통시장 및 인접구역의 생계형 노점상 관리방안에 관한 연구)

  • Kim, Young-Ki
    • Journal of Distribution Research
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    • v.15 no.5
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    • pp.155-174
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    • 2010
  • In many cases, street vendors are means of living and/or a solution to unemployment for low income group. Street vendors have both of positive and negative effects on traditional market revitalization. This two-sided perspective of the vendors has produced different views of interests groups. In this study, the features of street vendors are examined to present related issues, and a survey result conducted on interests groups is presented to offer effective management measures. As traditional management about street vendors are focused on crackdown, relationship between street traders and government has been not very much mutually cooperative, and at times some traders organized groups who are against government policies. With the premise admitting street vendors as one element of distribution network, it is possible to access the management measures for street vendors in organizational, quantitative or qualitative perspectives. However, I believe it is not recommendable to enforce multi-perspective approach at a time. It is because street traders still have quite strong animosity against government policies. Therefore, serious misunderstanding and side-effects on our society could be brought if the government makes hasty and forcible attempts to legalize street vendors. In political position, overreaching actions of government could hardly produce positive results because policy making and its enforcement need each of timeliness. In a similar way, government's policies for street vendors need to come into effect gradually. Management measures for street vendors can come in short-, mid- and long-term. In short-term, government should try to reduce animosity of street traders along with minimizing institutional and political pressure on them. As a mid-term solution, plans to bring vendors over to institutional boundaries by improving them are required. Last but not least, in the long term, government should design policies which are to help street vendors settle down and maintain successfully in the boundaries. Besides, policies related to street vendors need to come in effect in a way that closely connected to interests groups and businesses because those policies would get involve many interests groups and businesses in diverse perspectives.

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An Legal-doctrine Investigation into the Application of ADR to Administrative Cases (행정사건에 대한 ADR의 적용에 관한 법이론적 고찰)

  • 이용우
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.459-488
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    • 2004
  • General interest in the out-of-court dispute resolution system are mounting in Korea, and the spread of ADR(alternative dispute resolution) is the worldwide trend. In addition, it was confirmed that the resolution of disputes by ADR such as the decision based on arbitration made by the Prime Ministerial Administrative Decision Committee is no longer in exclusive possession of the civil case. The activation of ADR could lead to the smooth agreement between parties by getting away from the once-for-all mode of decision such as the dismissal of the application or the cancellation of disposal and the like in relation to administrative cases for the years. In consequence, it is anticipated that the administrative litigation that applicants have filed by not responding to the administrative decision would greatly reduce in the future. But, it would be urgent to provide for the legal ground of the ADR system through the revision of related laws to take root in our society because ADR has no legal binding power relating to the administrative case due to the absence of its legal grounds. The fundamental reason for having hesitated to introduce ADR in relation to the administrative case for the years is the protective interest of the third party as well as the public interest that would follow in case the agreement on the dispute resolution between parties brings the dispute to a termination in the domain of the public law. The disputes related to the contract based on the public law and the like that take on a judicial character as the administrative act have been settled within the province of ADR by applying the current laws such as the Civil Arbitration Law, Mediation Law, but their application to the administrative act of the administrative agency that takes on a character of the public law has been hesitated. But as discussed earlier, there are laws and regulations that has the obscure distinction between public and private laws. But there is no significant advantage in relation to the distinction between public and private laws. To supplement and cure these defects it is necessary to include the institutional arrangement for protection of the rights and benefits of the third party, for example the provision of the imposition of the binding power on the result of ADR between parties, in enacting its related law. It can be said that the right reorganization of the out-of-court dispute resolution system in relation to the administrative case corresponds with the ideology of public administration for cooperaton in the Administrative Law. It is high time to discuss within what realm the out-of-court dispute resolution system, alternative dispute resolution system, can be accepted and what binding power is imposed on its result, not whether it is entirely introduced into the administrative case. It is thought that the current Civil Mediation Law or Arbitration Law provides the possibility of applying arbitration or mediation only to the civil case, thereby opening the possibility of arbitration in the field of the intellectual property right law. For instance, the act of the state is not required in establishing the rights related to the secret of business or copyrights. Nevertheless, the disputes arising from or in connection with the intellectual property rights law is seen as the administrative case, and they are excluded from the object of arbitration or mediation, which is thought to be improper. This is not an argument for unconditionally importing ADR into the resolution of administrative cases. Most of the Korean people are aware that the administrative litigation system is of paramount importance as the legal relief for administrative cases. Seeing that there is an independent administrative decision system based on the Administrative Decision Law other than administrative litigation in relation to administrative cases, the first and foremost task is the necessity for the shift in thinking of people, followed by consideration of the plan for relief of the rights through the improvement of the administrative decision system. Then, it is necessary to formulate the plan for the formal introduction and activation of ADR. In this process, energetic efforts should be devoted to introducing diverse forms of ADR procedures such as settlement conference, case evaluation, mini-trial, summary jury trial, early neutral evaluation adopted in the US as the method of dispute resolution other than compromise, conciliation, arbitration and mediation

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A Study on the Effects of the Antipoverty Policy in Local Community : Focusing on the Self-Support System In Korea (지역사회 탈빈곤 정책의 효과 분석 : 경남, 전북지역 자활후견기관 운영의 성과 및 한계 분석과 개선방안의 모색)

  • Lee, Sang-Rok;Jin, Jae-Moon
    • Korean Journal of Social Welfare
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    • v.52
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    • pp.241-272
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    • 2003
  • The Self-Support Program was introduced as an antipoverty policy at 2002 year in Korea. But, the Self-Support Program's negative or positive effects have been debated from diverse perspectives to the present. Thus, in this paper, we analyzed the effects of the Self-Support Program using the survey data from program participants. Even though the effects of Workfare Programs can be evaluated by various indicators(ex. income, employment status, poverty status, etc.), in our analysis the effects of the Self-Support Program are evaluated by participants' self-reliant attitudes and behaviors. Major findings are as follows. First, we found that some kinds of self-reliant attitudes(ex. work commitment, self-esteem, etc.) were build up through participation on the Self-Support program, but some kinds of self-reliant factors(job competence and skill, self-sufficiency prospect, etc.) which are more relevant to the self-sufficiency were not build up thorough it. Second, we found the positive effects of the program among people who are females, olders, less educated, more healthy, and the participants who have acquired more certificate of qualifications. Third, we also found that self-support center's job training program, adequate task matching, agency climates and intra-networks influence on the positive effects of the Self-Support Program. These findings suggest that the Self-Support Program has not been successful up to now and it's reformations are required. It means that objectives of the Self-Support Program as an anti-poverty policy must be obvious and program contents must be diverse. And also program administration systems need to be reformed in oder to raise the effectiveness of the Self-Support Program.

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