• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.20
• /
• pp.129-150
• /
• 2003

Software license agreements, to be useful in the mass market, could not be individually negotiated, and had to be standardized and concise. The software license agreement needs to be presented to the licensee-users in a fashion that would allow for mass distribution of software, also for it to enforceable, that would draw the users' attention to the terms and conditions under which the publisher allowed the use of the software. These needs have been accomplished, with or without fail, through so called the "shrink-wrap licenses" Shrink-wrap licenses purpose to transfer computer softwares to their users by defining the terms and conditions of use of the software without implicating the "first sale doctrine" of the Copyright Act. These shrink-wrap licenses have become essential to the software industry. However, in USA, the law applicable to these licenses has been unclear and unsettled. Courts have struggled to develop a coherent framework governing their enforceability. Meanwhile, the National Conference of Commissioners on Uniform State Laws ("NCCUSL") in USA promulgated the Uniform Computer Information Transaction Act ("UCITA") governing contracts for computer information transaction on July 29, 1999. One clear objective of UCITA was to settle the law governing the enforceability of shrink-wrap licenses. In these respects, this paper first introduces the various forms that shrink-wrap licenses take(at Part II. Section 1.), and explains the main advantages of them(at Part II. Section 2.) Here it shows how shrink-wrap licenses value themselves for both software publishers and users, including that shrink-wrap licenses are a valuable contracting tool because they provide vital information and rights to software users and because they permit the contracting flexibility that is essential for today's software products. Next, this paper describes the current legal framework applicable to shrink-wrap licenses in USA(at Part III). Here it shows that in USA the development of case law governing shrink-wrap licenses occurred in two distinct stages. At first stage, judicial hostility toward shrink-wrap licenses marked such that they were not enforced pursuant to Article 2 of the Uniform Commercial Code. At second stage, courts began to recognize the pervasiveness of shrink-wrap licenses, their indispensability to the rapidly expanding information technology industry, and the urgent need to enforce such licenses in order to maintain low prices for consumers of computer hardware or software, resulting in the recognition of shrink-wrap licenses. Finally, in view of the importance of UCITA, this paper examines how it will affect the enforceability of shrink-wrap licenses(at Part IV). The drafters of UCITA, as well as the scholars and practitioners who have criticized it, agree that it validates shrink-wrap licenses, provided certain procedural protections are afforded to purchasers. These procedural protections include the licensee end-user must (i) manifest his assent to the shrink-wrap license, (ii) have an opportunity to review the shrink-wrap license, (iii) have a right to return the product without costs.

• International Commerce and Information Review
• /
• v.19 no.3
• /
• pp.215-235
• /
• 2017

The United Nations Convention on Contract for the International Sale of Goods(CISG) is legislated for unified of international sale of goods, but does not cover all concerns related to that. Arilce 4 provides the exclusions of CISG. These exclusions might be govern by a domestic law. This paper analyses what are excluding under CISG Article 4, and then provides the Korean and Chinese domestic regulations related to them. At first, whether some issues are excluding based on the interpretation of CISG Article 4 depends on the agreement of parties concerned. An issue that a national law applies even might be invalid if it does not follow the general principles of CISG. In Conclusion, CISG does not cover the validity of the contract and the property in the goods sold under CISG Article 4. a company who trades with Chines company should understand the differences of both countries' regulations about the validity of the contract and the effect of property transfer and be careful to decide a govern law to avoid unnecessary disputes about these issues even though their contract is govern by CISG.

• Korean Management Science Review
• /
• v.22 no.1
• /
• pp.179-197
• /
• 2005

This study examines market acceptance for DMB service, one of the touted new business models in Korea's next-generation mobile communications service market, using adoption end diffusion of innovation as the theoretical framework. Market acceptance for DMB service was assessed by predicting the demand for the service using the Bass model, and the demand variability over time was then analyzed by integrating the innovation adoption model proposed by Rogers (2003). In our estimation of the Bass model, we derived the coefficient of innovation and coefficient of imitation, using actual diffusion data from the mobile telephone service market. The maximum number of subscribers was estimated based on the result of a survey on satellite DMB service. Furthermore, to test the difference in diffusion pattern between mobile phone service and satellite DMB service, we reorganized the demand data along the diffusion timeline according to Rogers' innovation adoption model, using the responses by survey subjects concerning their respective projected time of adoption. The comparison of the two demand prediction models revealed that diffusion for both took place forming a classical S-curve. Concerning variability in demand for DMB service, our findings, much in agreement with Rogers' view, indicated that demand was highly variable over time and depending on the adopter group. In distinguishing adopters into different groups by time of adoption of innovation, we found that income and lifestyle (opinion leadership, novelty seeking tendency and independent decision-making) were variables with measurable impact. Among the managerial variables, price of reception device, contents type, subscription fees were the variables resulting in statistically significant differences. This study, as an attempt to measure the market acceptance for satellite DMB service, a leading next-generation mobile communications service product, stands out from related studies in that it estimates the nature and level of acceptance for specific customer categories, using theories of innovation adoption and diffusion and based on the result of a survey conducted through one-to-one interviews. The authors of this paper believe that the theoretical framework elaborated in this study and its findings can be fruitfully reused in future attempts to predict demand for new mobile communications service products.

• Journal of Korean Academy of Nursing
• /
• v.23 no.4
• /
• pp.544-554
• /
• 1993

The study was designed to identify the attitude of nursing students to clinical education through Q-methodology. A C sample was developed through a review of the literature and interviews. Twenty - seven statements made up the finalized Q- sample. This was out of an initial 143 statements developed through consultation with eight professors. The P sample consisted of 25 nursing students in S Health Junior College.0 statements were written on seperate cards and were given to the 25 subjects to sort according to degree of agreement or disagreement. The Q-sorts by each subject were coded and analyzed with QUANL PC Program. The analysis discovered three major attitudes, namely “amicable adaptation” 〈type 1), “Nightingale social service” (type 2), and “realistic occupation pursuit” (type 3). The correlation was .465 between type 1 and type 2, .293 between type 1 and type 3, and .273 between type 2 and type 3. The characteristics of each type were as follows ; Type 1 (amicable adaptation) They satisfied in interpersonal relationships in the clinical setting. They would not dream of becoming Nightingale, but thought of nursing care affirmatively and performed their works faithfully and adapted themselves to the new circumstances easily, Fourteen subjects were classified as type 1. Type 2 (Nightingale: social service) They often dreamed as a child that they would be Nightingale with a white uniform and think that nursing is a gift from heaven. They have an aptitude for nursing care by nature and selected nursing science them-selves. They give care to the sick with pleasure. Seven subjects were classified as type 2. Type 3 (realistic occupation pursuit) They were not satisfied with their nursing practice. First of all they want a stable job, therefore they selected nursing science. They had conflicts in clinical practice, but were responsible for nursing and studied hard. Four subjects were classified as type 3. Through the results of this study, the attitude of nursing students to clinical education could be classified into three types. Therefore it is suggested that clinical education would be more valuable, if it was planned according to an understanding of the attitudes of nursing students to clinical education.

• Journal of The Korean Association For Science Education
• /
• v.16 no.4
• /
• pp.389-400
• /
• 1996

The purposes of this study were to analyze chemistry problem solving processes of middle school students and to compare their problem solving behaviors in the aspects of the cognitive developmental level of student, the success in problem solving, and the context of problem. Their failures in solving problems were also analyzed in the aspects of problem solving stage and prior knowledge. Forty-two students individually solved four problems regarding density and solubility using a think-aloud method. Students' responses were analyzed after intercoder agreement for analyzing problem-solving processes had been established to be 0.94. The results were as follows: 1. Most students solved chemistry problems following the stages of understanding, planning, and solving, while few exhibited the behaviors of the reviewing stage. There was also individual difference in the number of the stages repeated and their behaviors at each stage. 2. Most students were successful in understanding problems. However, unsuccessful and/or concrete-operational students had more difficulties in understanding problems than successful and/or formal-operational students, and students tended to have more difficulties in understanding problems in everyday contexts than in scientific contexts. 3. Successful and/or formal-operational students exhibited more behaviors of the planning stage than unsuccessful and/or concrete-operational students. Students showed more behaviors of the planning stage, but failed more at this stage, in everyday contexts than in scientific contexts. 4. Most students did not review their solutions. Successful and/or formal-operational students exhibited these behaviors more than unsuccessful and/or concrete-operational students. Students tended to exhibit the behaviors more in everyday contexts than in scientific contexts. 5. Many students failed to solve problems correctly due to the lack of prior knowledge and the inability to plan appropriately.

• Journal of Korean Society of Coastal and Ocean Engineers
• /
• v.21 no.6
• /
• pp.480-494
• /
• 2009

Long term extreme wave data are essential for planning and designing coastal structures. Since the availability of the field data for the waters around Korean peninsula is limited to provide a reliable wave statistics, the wave climate information has been generated by means of long-term wave hindcasting using available meteorological data. KORDI(2005) has proposed extreme wave data at 106 stations off the Korean coast from 1979 to 2003. In this paper, extreme data sets of wave(KORDI, 2005) have been analyzed for best-fitting distribution functions, for which the spread parameter proposed by Goda(2004) is evaluated. The calculated values of the spread parameter are in good agreement with the values based on method of moment for parameter estimation. However, the spread parameter of extreme wave data has a representative value ranging from about 1.0 to 2.8 which is larger than some foreign coastal waters, it is necessary to review deep water design wave.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.75
• /
• pp.29-48
• /
• 2017

This study describes the retention of title under UCC. UCC ${\S}$ 2-401 prescribes that any retention or reservation by the seller of the title (property) in goods shipped or delivered to the buyer is limited in effect to a reservation of a security interest. It means that the retention of title generates a security interest in the same way like a charge. To be effective, a security interest must be attached or perfected. Once attachment occurs, a security interest is enforceable against the buyer. Once a security interest is perfected, a security interest is enforceable against third parties. Under UCC, a simple retention of title clause is valid as long as it is incorporated into the contract of sale. If the seller acquires a perfected security interest, he as a secured party can enjoy a priority against other creditors. But if a security interest is not perfected but PMSI is afforded, the seller has a special priority. Secondly, under UCC ${\S}$ 9-335 and 9-336, if a security interest under an enlarged retention of title clause is perfected, the seller as the secured party has a valid security interest in the product or mass into which his goods have been mixed or commingled. But in terms of assession of goods, as the seller has a security interest only in his goods, if the seller wants to enlarge his security interest in the whole, a security agreement should cover its intention. Thirdly, under UCC ${\S}$ 9-315, a security interest in proceeds of subsale of goods supplied by the seller is a perfected security interest if the security interest in the original collateral was perfected. But if the proceeds are cash proceeds, it should be identifiable from other funds of the buyer.

• Korean Business Review
• /
• v.11
• /
• pp.385-414
• /
• 1998

At the point of increasing concern on EDI (Electronic Data Interchange) and on related trade automation, a research of trade enterprises' EDI system adoption and using has a very significant meaning to get the roots of the problems and to put the practical use. After studying the outline of EDI and it's proceeding state, this thesis tries to point out some problems of them and presents the reform measures in the aspect of a legal and business aspect. According to the results of this study, the argues and their control suggestions are as follows. First, the process of trade relations and the it's public concept on the EDI should be changed to the agreement of the adopting and using the standard EDI in Korea. Second, the financial and tax support is needed to the following; the reconsideration of each enterprise, the inrestment of enterprises' role for the training their professional human resource and goverment and related organization's guiding role. Therefore, to maximize the effects of EDI after solving the issues. above trade process the issues should be unified by coorperation with the goverment and related organizations for the information circulation side and considered that EDI system have to positively make automation of trade on the basis of suggestions above.

• International Area Studies Review
• /
• v.12 no.3
• /
• pp.495-516
• /
• 2008

This study looks into the change in business strategies of Korean firms under the inauguration of FTA between Korea and Chile. In conclusion, the business strategy changes of Korean enterprises followed by the proliferation of FTA between Korea and Chile are able to be summarized as followings: Firstly under the proliferation of FTA, Korean companies have strategically responded so as to achieve the positive results of their businesses after the inauguration of the FTA system since April 1, 2004. Secondly, Korean large corporations including multinational corporations dealt with this changes of business environments by comprehensively considering both the changes in the business environments(Industry Attractiveness) and their Businesses Strengths, while SMEs have positively responded to the changes of business environments on the basis of their Business Strengths rather than the changes in the market. Lastly, the business strategies of Korean multinational corporations did not change much even after the inauguration of the FTA system, due to the fact that they had already started a global business strategy before the spread of FTAs.

• Journal of the Korea Institute of Building Construction
• /
• v.19 no.4
• /
• pp.331-339
• /
• 2019

Recently, expansion of urban and social infrastructures is planned to go through the transfer of military facilities or crossing the infrastructures via underground tunnels. However, when crossing facilities such as ammunition and explosive storages, a high level of safety assessment is required to prevent an accidental explosion of ground ammunition. In this study, a case study was conducted to evaluate the effect of blasting for the construction of tunnel on the ground ammunition facilities. The design section of Sinansan train operated by the Korea Railroad Authority with agreement of the Ministry of National Defense was selected. For the purpose of this study, the vibration velocity due to explosion was predicted by using GTS-NX, a numerical analysis program. Through literature review, it was confirmed that the vibration velocity of 0.2cm/sec can be a safety evaluation standard. These safety evaluation indicators and procedures used in this study can be utilized as an index of safety evaluation in the planning of social infrastructures that cross the ammunition facilities in the future.