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Arbitration Clause Prohibiting Class Action in Consumer Contracts

  • Yi, Sun
    • Journal of Arbitration Studies
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    • v.27 no.1
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    • pp.3-35
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    • 2017
  • For recent years, several disputes between Korean consumers and multinational companies have arisen. Since the disputes were big and material that children's safety was at issue, a question started if Korean law properly has protected consumers' rights against multinational companies. While the Korean legal society tried to legislate punitive compensation with this concern, the U.S. Supreme Court reached an interesting case law regarding consumer contracts. A recent trend on consumer contracts in the United States shows that general terms have arbitration clause with class action waiver. As much as international arbitration has worked as the most effective resolution in international commercial disputes, the concept is still foreign and the experts are not approachable to lay individual consumers. However, class action in arbitration can hugely help for lay individual consumers to bring a case before arbitration tribunal. California courts consistently showed the analysis that the practical impact of prohibiting class action in arbitration clause is to ban lay individual consumers from fighting for their rights. However, the Supreme Court held that the arbitration clause shall be enforced as parties agree even if consumers practically cannot fight for their rights in the end. Even though consumer contracts are a typical example of lack of parity and of adhesive contract, the Supreme Court still applies liberalism that parties are equal in power and free to agree. This case law has a crucial implication since Korean consumers buy goods and services from the U.S. and other countries in everyday life. Accordingly, they are deemed to agree on the dispute resolution clauses, which might violate their constitutional right to bring their cases before the adjudication tribunal. This issue could be more important than adopting punitive compensation because consumers' rights are not necessarily governed by Korean law but by the governing law of the general terms and conditions chosen and written by the multinational companies. Thus this paper studies and analyzes the practical reality of international arbitration and influence of arbitration clause with class action waiver with the U.S. Supreme Court and California case laws.

A Review on Marketing Models' Implications to Market Positioning: With a Focus on the Hauser and Shugan Model (마케팅 모형의 포지셔닝 관련 시사점에 대한 고찰: Hauser and Shugan 모형을 중심으로)

  • Won, Jee-Sung
    • Journal of Distribution Science
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    • v.14 no.11
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    • pp.61-73
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    • 2016
  • Purpose - Marketing scholars have developed various types of mathematical models for describing marketing phenomenon, because there is no single model comprehensive enough to incorporate all the relevant marketing phenomena. This study tries to summarize the behavioral foundations and the mathematical derivations of the most widely used marketing models and discusses their strategic implications. This study selected four representative marketing models: multinomial logit(MNL) model, elimination-by-aspects(EBA) model, Hauser and Shugan model and Bass diffusion model. Especially, this study focuses on Hauser and Shugan(1983)'s Defender model and discusses the model's behavioral foundation and its implications. Research design, data, and methodology - Of the four selected model, the multinomial logit model is selected as the basic normative model and the other three models are described as descriptive models in contrast. Starting the discussion from the multinomial logit model, this study explains what important strategic variables are incorporated in each of the four models. The IIA(independence of irrelevant alternatives) axiom and Luce choice model is also discussed in relation to the multinomial logit model. The concept of 'efficient frontier' is discussed in relation to Hauser and Shugan's model. Graphs and tables are used to represent the key implications. No empirical study is included. Results - The analyses of the mathematical marketing models are shown to be very useful in understanding the essence of positioning strategy. The multinomial logit model implies the importance of increasing utility or consumer preference level. The EBA model implies the importance of lowering the inter-brand similarity and dominating the competitors. Hauser and Shugan model implies the importance of considering customer heterogeneity distribution in selecting the target market. Conclusions - It is shown that the concepts of 'efficient frontier' is useful in understanding the effectiveness of positioning strategy. Market positioning can be understood as occupying some place on the efficient frontier. The important strategic implications can be summarized as follows: Always try to increase customer preference by providing what they value, and differentiate from competing alternatives as much as possible. The best positioning strategy is to dominate all the competitors and the worst is to be dominated by the competitors.

Design of Small Optical Tracker for Use in the Proving Ground (시험장 환경에 적합한 소형 광학추적기 설계)

  • Park, Sanghyun
    • Journal of Advanced Navigation Technology
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    • v.24 no.3
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    • pp.224-231
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    • 2020
  • An optical tracking plays an important role for measurement operation, as it is responsible for low altitude measurements that are difficult to obtain with radar systems. Since the existing optical tracking systems have not been developed in the proving ground itself so far, it is difficult to modify them to fit the environment of the proving ground. Also, they are designed as a vehicle-mounted type, so there is a limitation in selecting an optimal site. The in-house developed small optical tracking system is designed with a simple configuration to overcome these shortcomings and makes it possible for operators to operate the system at any place in the proving ground. In addition, there has been a need of developing small optical trackers by ourselves to be prepared for future research so that artificial intelligence (AI) can be applied to the optical tracking systems. In this paper, we described the design concept of the small optical tracker, the configuration of the components to implement the basic tracking function, and showed the results of the simulation to set the configuration of the equipment according to the characteristics of the flight targets.

The Values of the Qualification System for Cultural Artistic Education Teachers and its Development Plan (문화예술교육사 자격제도의 가치와 발전방안)

  • Kwon, Young-Lim;Cha, Su-Jung
    • The Journal of the Korea Contents Association
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    • v.15 no.7
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    • pp.601-617
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    • 2015
  • This research has the meaning to be the basic help for the study of the qualification system for cultural artistic education teachers, and it is to recognize the importance of the qualification system for cultural artistic education teachers which has been developed from the teachers' pool system to the present cultural artistic education teacher system and to find the more systematic development plan. Thus, focusing on the advanced researches and materials regarding the cultural artistic education teachers, this research is to discover the economical, social and educational values and the plan to solve the present problems. And as a result of this research, it suggests the development plans for curriculums and training course, qualification and employment, field experiences, working conditions and treatment of the cultural artistic education teachers.

Research Trends in Organic Light Emitting Diode (유기 전기 발광소자의 원리와 연구동향)

  • Shin, Hwangyu;Kim, Seungho;Lee, Jaehyun;Lee, Hayoon;Jung, Hyocheol;Park, Jongwook
    • Applied Chemistry for Engineering
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    • v.26 no.4
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    • pp.381-388
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    • 2015
  • Organic Light Emitting Diodes (OLEDs) have been receiving great attention in academic and industrial fields, and it is being actively applied to mobile display, as well as large area TV and next-generation flexible display due to their excellent advantages. In addition, the scope of research on OLED materials and device fabrication technology is getting expanded. This review discusses the principle and basic composition of OLED and also classifies OLED materials with different chemical structures according to their usages. Systematic classification of OLEDs by technical concept and material characteristics can help developing new emitting materials.

A Study on the Regulation for Mental Healthcare Facility and Delivery System in China (중국의 정신의료시설 및 지원체계에 관한 법제도 연구)

  • Gao, Wen Mei;Yun, Woo Yong;Chai, Choul Gyun
    • Journal of The Korea Institute of Healthcare Architecture
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    • v.24 no.1
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    • pp.7-14
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    • 2018
  • Purpose: This study analyzes mental healthcare delivery services and types of facilities, the status of installation and operation, and planning standard. The purpose of the study is to propose a basic data for the performance of related research and work tasks, along with an understanding of the Chinese mental healthcare facility type and support system. Furthermore, it will show a lack of current function management as the changes of mental health concept and demand for services increases, and it is intended to provide implications for the construction of mental health facilities. Methods: This study was conducted by a research on law and regulation of China's mental healthcare delivery service system and mental healthcare facility. The analyzed data are the national standard GB, the optional national standard GB/T, the building construction standard JGJ, and the report issued by the Health Planning and Development Committee. Results: At present mental healthcare facility construction in China is in the period of rapid development and it exposes the layout of medical facilities, which is not currently reasonable and the service does not reach the designated position and so on. Overall, it requires more detailed guidelines to enhance the quality of mental healthcare service. Implications: It is expected that the research of this paper will provide effective reference for future research on Chinese Mental healthcare system and facilities, and can promote construction of Chinese mental healthcare facility theory in perfect condition.

Technical Trend and Improvement of Congestion Control for Machine-to-Machine Communications in 3GPP LTE-A Systems (3GPP LTE-A 시스템에서의 M2M 통신을 위한 혼잡 제어 기술 동향 및 개선 방안)

  • Kim, Jae-Hyun;Kim, Seog-Gyu
    • KIPS Transactions on Software and Data Engineering
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    • v.3 no.11
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    • pp.487-494
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    • 2014
  • This paper focuses on an advanced congestion control scheme for M2M(Machine-to-Machine) communications in 3GPP LTE-A standard. A large number of MTC(Machine-type-Communication) devices try to access to LTE-A networks and send data to the networks all at once. In this characteristics, M2M communications will bring the serious network congestion problems into LTE-A cellular networks. To solve this critical problem, a congestion control mechanism will be required and it has been studied since Rel-10 LTE-A systems based on backoff mechanism for mobility management and session management. In this paper, we briefly introduce the main concept and operation about the congestion control scheme in 3GPP LTE-A standard. Also, simulation results for the basic congestion control and advanced congestion control scheme in MTC communication environment are provided and the improvement direction is considered in future 3GPP LTE-A standard.

Nonexistence and non-decoupling of the dissipative potential for geo-materials

  • Liu, Yuanxue;Zhang, Yu;Wu, Runze;Zhou, Jiawu;Zheng, Yingren
    • Geomechanics and Engineering
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    • v.9 no.4
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    • pp.531-545
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    • 2015
  • Two fundamental issues exist in the damage theory of geo-material based on the concept of thermodynamics: existence or nonexistence of the dissipation potential, and whether the dissipation potential could be decoupled into a damage potential and a plastic one or not. Thermodynamics theory of elastoplastic damage assumes the existence of dissipation potential, but the presence of dissipation potential is conditional. Based on the dissipation inequality in accord with the second law of thermodynamics, the sufficient and necessary conditions are given for the existence of the dissipation potential separately in total and incremental forms firstly, and proved strictly in theory. With taking advantage of the basic mechanical properties of geo-materials, the nonexistence of the dissipative potential is verified. The sufficient and necessary conditions are also given and proved for the decoupling of the dissipation potential of geo-materials in total and incremental forms. Similarly, the non-decoupling of the dissipation potential has also been proved, which indicates the dissipation potential of geo-materials in total or incremental forms could not be decoupled into a dissipative potential for plasticity and that for damage respectively. The research results for the fundamental issues in the thermodynamics theory of damage will help establish and improve the theoretic basis of elastoplastic damage constitutive model for geo-materials.

Revisiting of Greenness to Consumers in Green Purchases (소비자의 그린 제품 구매에 있어 "그린" 의미의 재발견)

  • LEE, Han-Suk;HONG, Seongtae
    • Journal of Distribution Science
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    • v.17 no.10
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    • pp.107-114
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    • 2019
  • Purpose - This is longitudinal research which aims to investigate the meaning of greenness to consumers' behavior. Consumers adopt green marketing as a new factor in product buying and consumption and more and more consumers prefer green product and services. Consumers' green buying behavior can be different from other purchasing experiences. There would be changes in the meaning of green as time passed and it can be different from countries to other countries. This study examines focus group studies with several groups. There is a ten-year gap between 2010 focus group and 2019 focus group interviews. With this ten-year gap, we can find the change of greenness to consumers. Research design, data, and methodology - The data were collected from Turkish, Korean, Kazakhstan people. This is a cross-sectional study and focus group interview was designed. We can gain information relevant to the research problem with using focus group study and get some insights into basic needs and attitudes of green marketing. The subjects for green purchase interviewee were confined to under 40 years old's shoppers regardless of gender. The first study was investigated with several groups in 2010 and the second interview were conducted in 2019. Results - Results show that the meaning of greenness for consumer has changed over time in accordance with the growing accordance of environmental sustainability. Basically, green marketing still means valuable, natural, recycle-able, good for health, clean, smart behavior, essential benefit. The concept of greenness significantly evolved since it was investigated in 2010. It moves away from focusing on specific environmental issues to considering global sustainability issues. Especially we found that greenness can be related with globalization, higher education, social status at the 2019 interview. Conclusions - This paper attempted to confirm the green marketing is essential and expands its meaning to various aspect. Usually, we can think green marketing is everywhere, therefore, people don't care about green issues in real. But consumers are adopting green marketing more and more, it can be a means to attract potential consumers. Therefore, companies should provide enough greenness information for people and they might apply greenness communication to attract potential customers.

On Non-Orthogonal Multiple Access (NOMA) in 5G Systems (5G 시스템에서의 비-직교 다중 액세스(NOMA))

  • Islam, SM Riazul;Kim, Jae Moung;Kwak, Kyung Sup
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.40 no.12
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    • pp.2549-2558
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    • 2015
  • The non-orthogonal multiple access (NOMA) is one of the fledging paradigms which next generation radio access technologies are sprouting toward. The NOMA with superposition coding (SC) in the transmitter and successive interference cancellation (SIC) at the receiver comes with many desirable features and benefits over orthogonal multiple access (OMA) such as orthogonal frequency division multiple access (OFDMA) adopted by Long-Term Evolution (LTE). In this paper, we study the recent research trends on NOMA in 5G systems. We discuss the basic concept of NOMA and explain its aspects of importance for future radio access. Then, we provide a survey of the state of the art in NOMA for 5G systems in a categorized manner. Further, we analyze the NOMA performances with numerical examples; and provide some avenues for future research on NOMA on a set of open issues and challenges.