• Journal of Arbitration Studies
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• v.12 no.2
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• pp.93-114
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• 2003

The Federal Arbitration Act and the States Arbitration acts of the United States approve that the an arbitration clause should be construed broadly and the Courts interpreted it broadly without being curbed by the written meaning of clause itself. The Courts also divided the interpretation of arbitration clause from the interpretation of other clauses of contract to approve the validity of arbitration clause and further expanded the scope of arbitration. However, the Arbitration Act of Korea does not specify a general principle about how an arbitration clause should be interpreted. The Supreme Court did not have a case yet but the lower courts kept their posture that an arbitration clause should be clear by resulting narrow interpretation and should be written to the extent that it excludes the power of courts from jurisdiction. As a result, there would be cases that arbitration is not permitted although an arbitration clause exists. The parties intending arbitration are frustrated about how to draft an arbitration clause into their agreement. There were the cases that the parties which took the prevailing position attempted to delay dispute resolutions by dragging disputes into litigation even if they agreed to resolve through arbitration, on the basis that an arbitration clause was incomplete. Although the arbitration statutes of the United States cannot apply in Korea, the way of their approaches to the interpretation of arbitration clause can be taken into consideration in view of the globalization of arbitration.

• Journal of Korean Academy of Nursing
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• v.24 no.1
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• pp.70-84
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• 1994

People experience health behaviors for themselves and theses have diversity according to each culture and people and further there is an inherent meaning in health behavior The purpose of this study was to explore the health cconcept of Korean people and their pattern of health behavior The research method was a questionaire including open questions and the subjests were 164 adults age from 21 to 61. The result of this study are as follows : 1. Perceived health concepts by adults were “possibility”, “responsibility”, “being free”, “happiness”, “brightness”, “power”, “life”, “importance”, “mental rest”, “state of nnonilliness”, “death” 2. Health behaviors carried out by Korean adults were “maintance of psychological comfort”, “exercise”, “work”, “maintance of balanced diet”, “having a hobby”, “eating health food”, “health check up”, “prevention of hazards”, “eating natural food”, “maintenance of personal relationships”, “rest”, “having religion”, “making contract with nature”, “relaxation”, “limit one’s tastes”. 3. The perceived purposes of health behavior by Koran adults were maintenance of a joyful life, health maintenance, health restoration, prevention of illness, achievement of reponsibility, haying a hobby, longevity, peaceful death. Korean health concepts in this study showed a trend that reflects the rule of family and forcused harmony and eating habits. Korean health behavior in this study showed a trend that forcuses on emotional comfort which reflects oriental thinking. The result of this study will contribute to build a theory of health behavior and to derive strategies of health behavior to promote health.

• Journal of the Korean Institute of Rural Architecture
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• v.23 no.2
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• pp.45-54
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• 2021

This study aims to establish administrative boundaries by utilizing digitalized old topographical map. Various problems have arisen due to unclear administrative boundaries. For example, there are various problems such as conflict amongst residents to occupy a larger area, unnecessary waste of administrative power, and difficulty in collecting various data for administrative units (farm area, statistical data, spatial analysis, living ara analysis). Therefore, in this study, an experimental study was conducted to establish administrative boundaries by using an old topographical map containing information on villages before administrative reform in 1914. As a result, the boundaries of towns, towns and villages were largely consistent. In order to divide the administrative boundaries based on the legal district boundaries, the administrative boundaries were established by referring to the contents of village introduction and natural boundaries (roads, rivers, mountain ranges, etc.) provided in towns and villages. However, there was a limit in establishing a precise boundary as it was not possible to secure a high-quality digitalized old topographical map.

• Korean Architects
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• s.636
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• pp.28-33
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• 2022

세계 유일 책을 위한 도시이자 생태·예술이 어우러진 파주출판도시를 통해 우리가 살고 있는 도시의 의미와 가치를 돌아보고 새로운 미래를 그리는 도시·건축 다큐멘터리가 4월 21일 개봉한다. 제46회 서울독립영화제, 제12회 서울국제건축영화제 공식 초청작이자 제12회 DMZ국제다큐멘터리영화제 예술공헌상을 수상한 영화 <위대한 계약: 파주, 책, 도시> 얘기다. 이 다큐를 만든 기린그림의 김종신·정다운 감독은 앞서 <한국 현대건축의 오늘(2016)>, <한국 현대건축의 오늘: 집(2017)>과 <이타미 준의 바다(2019)>를 통해 건축과 삶, 예술혼을 영상으로 복원해 내며 관객들의 눈길을 사로잡은 바 있다. <이타미 준의 바다>는 프리 프로덕션부터 개봉까지 꼬박 8년이 걸린 작품이다. 경기 파주시 문발동 소재 국가문화산업단지인 파주출판도시는 민주화 이전 출판이 탄압받던 시절부터 출판인들이 꿈꾸던 책을 위한 도시다. 출판사들과 더불어 새로운 철학과 가치를 담은 이상적 공간, 즉 새로운 도시를 그리던 건축사들이 '위대한 계약'을 체결하면서 실현됐다. 아무도 관심 갖지 않았던 파주의 늪지는 특색 있는 건축물과 만나 심학산과 한강의 탁월한 낙조 경관을 자랑하며 세계에서 유일한, 책을 위한 생태도시가 됐다. 편집·인쇄·유통 출판 관련 인프라를 집약한 도시는 이후 영화제작사를 비롯한 영상 관련 업체들과 IT 업체들이 입주하며 종합문화예술 도시로 탈바꿈한다. 2019년 파주출판도시 기획 30주년을 기념해 도시의 발자취를 담기 위해 시작된 영화는 과거와 현재라는 두 개의 큰 축에서 진행되며 찬란한 도시의 여정을 그린다. 그러면서 건축을 넘어 우리가 살고 있는 도시를 생각해 보게 만든다.

• Journal of Korean Philosophical Society
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• v.147
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• pp.1-28
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• 2018

In order to reveal the differentiation of Nietzsche's justice theory, this paper attempted an intrinsic analysis of the political act of establishing a social contract with others through the fundamental concept of "will to the power", and the politics of modern nation including utilitarianism, liberalism and democracy. I will deal with criticism of ideology. In other words, it will be a work to clarify the fictitiousness and errors by digging out the ground of the value of justice as 'genealogical psychology' which strips off the psychological layers hidden behind the name of universal truth called 'virtue'. By dismantling the notion of self-righteous justice based on 'virtue' from 'immorality' as well as 'out of morality', it aims to reveal a new emotional dimension based on love, not retaliation. When Nietzsche emphasizes the role of positive emotions such as 'mercy' and 'forgiveness' rather than negative emotions such as revenge, retaliation, and grudge, while analyzing justice in the dynamics of power relations, By allowing exception rule, we will critically analyze whether universality and consistency are lost.

• Korean Security Journal
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• no.1
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• pp.283-319
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• 1997

Our society witnesses the rapid progress in the areas of politics, economy, society and culture in the process of national modernization since 1960s, which in turn as a reverse function gets to contract a societic pathology, totally lowering the security level of citizens' lives owing to various violent crimes like hostage commotions and murders with rifles and deadly weapons. what is the main reason for that? That may be partly because the chief police force concentrates on the current situation resulting in the vacuum of the public peace. However, the main reason is that the police fall short of man-power and equipments even if the whole police power were put to use in preventing and quelling the crimes. That is true not only of Korea but also of the advanced countries like the U.S.A., England and Japan. We realize that these advanced countries have higher level of security in every individual's life and property than Korea because their progress of the private guard systems can fill in a vacuum of the shortage of the police power, Therefore, we should without delay internationalize our private guard systems expecting the widely opening of the guard service markets in the age of Uruguay Round. To do this, we need to change our ideas for fostering the policy of the private guard from passive defense ideas into positive aggressive ones. Our police should urgently set up a plan to pursue the orientation of vision that we should dispatch our private guards overseas before foreign guards rush into our markets. Accordingly it goes without saying that the private guard group should distinguish their services from the public services initiating their own theory and strategy of private guard services and also readjust themselves between the public duties and the private services with the study of minimizing the reverse function of the private guard systems. The history criminal justice has always shown that the criminal system progressed at the initiative of the civil factor in case its demand and supply do not make both ends meet. Nevertheless, in the process the power of the government never weakens, rather it is built up in general. In conclusion, the necessity of the build-up of the private guard services must duly be acknowledged by the police as well as by the business which has its unique sphere within the criminal justice instead of as the suplemtary services of the simple the police power on the long-term basis. The purpose of the private guard services can be largely classified into the two categories; first it means the function to prevent the crimes against the citizens and secondly to enhance the national interest as an increasing mammoth business with a worldly competition capacity. The police has an absolute responsibility that they should protect the modem public in general from feeling the crisis of the personal threat, tension, anxiety and nervousness. In short, if we develop the complete private guard system to guarantee the societic atmosphere for all citizens, keep the public peace, and protect all citizens' lives and properties, we will sure enjoy a beautiful land, a wholesome society and a happy life in goodharmony of law and order.

• Journal of Korea Port Economic Association
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• v.25 no.3
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• pp.67-92
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• 2009

A tugboat (tug) is a boat that maneuvers vessels by pushing or towing them. Tugs move vessels that should not move themselves alone, such as ships in a crowded harbor or a narrow canal, or those that cannot move themselves, such as barges, disabled ships, or oil platforms. Tugboats are powerful for their size and strongly built, some are ocean-going. Historically tugboats were the first seagoing vessels to receive steam propulsion, freedom from the restraint of the wind, and capability of going in any direction. As such, they were employed in harbors to assist ships in docking and departure. Towage is in essence a service by one vessel to another vessel for a fixed remuneration. The most common reason for requiring this service is the lack of its own motive power. Conventionally, towage is defined as "the employment of one vessel to expedite the voyage of another, when nothing more is required than the accelerating of her progress". Apart from accelerating vessels, acquiring towage service is a common practice for towing barges, platform of drilling oil, floating ship yards, etc.

• KIPS Transactions on Computer and Communication Systems
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• v.12 no.8
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• pp.253-262
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• 2023

E-voting is a concept that includes actions such as kiosk voting at a designated place and internet voting at an unspecified place, and has emerged to alleviate the problem of consuming a lot of resources and costs when conducting offline voting. Using E-voting has many advantages over existing voting systems, such as increased efficiency in voting and ballot counting, reduced costs, increased voting rate, and reduced errors. However, centralized E-voting has not received attention in public elections and voting on corporate agendas because the results of voting cannot be trusted due to concerns about data forgery and modulation and hacking by others. In order to solve this problem, recently, by designing an E-voting system using blockchain, research has been actively conducted to supplement concepts lacking in existing E-voting, such as increasing the reliability of voting information and securing transparency. In this paper, we proposed an electronic voting system that introduced hybrid blockchain that uses public and private blockchains in convergence. A hybrid blockchain can solve the problem of slow transaction processing speed, expensive fee by using a private blockchain, and can supplement for the lack of transparency and data integrity of transactions through a public blockchain. In addition, the proposed system is implemented as BaaS to ensure the ease of type conversion and scalability of blockchain and to provide powerful computing power. BaaS is an abbreviation of Blockchain as a Service, which is one of the cloud computing technologies and means a service that provides a blockchain platform ans software through the internet. In this paper, in order to evaluate the feasibility, the proposed system and domestic and foreign electronic voting-related studies are compared and analyzed in terms of blockchain type, anonymity, verification process, smart contract, performance, and scalability.

• The Journal of Fisheries Business Administration
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• v.31 no.1
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• pp.115-133
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• 2000

The policy of suppling tax-exempt fishery oil in Korea has a history of almost 40 years, which was initiated by the National Federation of Fisheries Cooperatives in 1965. In 1999 the volume of fishery oil supplied to the earning fishermen and fishing entrepreneurs amounted to 8,390 thousand DM, 500 billion won in total. This paper analyzes the oil supplying system to fishermen in Korea and shows that the structural obstacles to the stable provision of fishery oil lies in the ineffective bargaining power (fixing price). Provided that the NFFC as a buyer, which is not equipped with the storage facilities for oil bids for a unit-price contract of fishery oil, there exists a possibility of collusion among 5 local oil refineries corporations to influence the oil price, making it difficult to reach a resonable price of oil. Though the international bids and direct imports following the liberalization of oil imports would help lower the unit price, purchasing and importing the oil out of season at a lower price would not be guaranteed without the oil storage facilities. Furthermore, the current supply system of oil is quite vulnerable to the extraneous factors and, say when the oil price soars unpredictably, it is almost impossible to supply low - priced fishery oil to fishermen. The National Federation of Fisheries Association of Japan(Zengyoren), for instance, possesses 10 oil storage facilities, which had been built across the country during the last 20 years (1964-1984). The storage capacity of these facilities reaches 0.6million DM(by kind, 0.56million DM for A heavy oil, 38thousand D/M kerosene, 5thousand D/M for diesel fuel oil). Allowing no intermediary of production associations(fisheries cooperatives) the NFFA's capacity for keeping oil in reserve rises much higher. As these storage facilities can keep the oil amounting to as much as of 70 days demand in reserve, a stable supply of fishery oil on favorable terms is secured. In contrast with Japan case, unequipped with the storage facilities for fishery oil, Korea does not have much bargaining power for bringing down the price of fishery oil. To make matters worse, the oil storing capacity of the member cooperatives is the volume of only 8 days demand. In case the oil price rises, it is almost impossible to supply the oil to the fishermen at a price lower than the price risen.

• Journal of Global Scholars of Marketing Science
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• v.18 no.4
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• pp.61-118
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• 2008

The purpose of this research is to construct research framework for international franchising based on existing literature and to identify research components in the framework. Franchise can be defined as management styles that allow franchisee use various management assets of franchisor in order to make or sell product or service. It can be divided into product distribution franchise that is designed to sell products and business format franchise that is designed for running it as business whatever its form is. International franchising can be defined as a way of internationalization of franchisor to foreign country by providing its business format or package to franchisee of host country. International franchising is growing fast for last four decades but academic research on this is quite limited. Especially in Korea, research about international franchising is carried out on by case study format with single case or empirical study format with survey based on domestic franchise theory. Therefore, this paper tries to review existing literature on international franchising research, providing research framework, and then stimulating new research on this field. International franchising research components include motives and environmental factors for decision of expanding to international franchising, entrance modes and development plan for international franchising, contracts and management strategy of international franchising, and various performance measures from different perspectives. First, motives of international franchising are fee collection from franchisee. Also it provides easier way to expanding to foreign country. The other motives including increase total sales volume, occupying better strategic position, getting quality resources, and improving efficiency. Environmental factors that facilitating international franchising encompasses economic condition, trend, and legal or political factors in host and/or home countries. In addition, control power and risk management capability of franchisor plays critical role in successful franchising contract. Final decision to enter foreign country via franchising is determined by numerous factors like history, size, growth, competitiveness, management system, bonding capability, industry characteristics of franchisor. After deciding to enter into foreign country, franchisor needs to set entrance modes of international franchising. Within contractual mode, there are master franchising and area developing franchising, licensing, direct franchising, and joint venture. Theories about entrance mode selection contain concepts of efficiency, knowledge-based approach, competence-based approach, agent theory, and governance cost. The next step after entrance decision is operation strategy. Operation strategy starts with selecting a target city and a target country for franchising. In order to finding, screening targets, franchisor needs to collect information about candidates. Critical information includes brand patent, commercial laws, regulations, market conditions, country risk, and industry analysis. After selecting a target city in target country, franchisor needs to select franchisee, in other word, partner. The first important criteria for selecting partners are financial credibility and capability, possession of real estate. And cultural similarity and knowledge about franchisor and/or home country are also recognized as critical criteria. The most important element in operating strategy is legal document between franchisor and franchisee with home and host countries. Terms and conditions in legal documents give objective information about characteristics of franchising agreement for academic research. Legal documents have definitions of terminology, territory and exclusivity, agreement of term, initial fee, continuing fees, clearing currency, and rights about sub-franchising. Also, legal documents could have terms about softer elements like training program and operation manual. And harder elements like law competent court and terms of expiration. Next element in operating strategy is about product and service. Especially for business format franchising, product/service deliverable, benefit communicators, system identifiers (architectural features), and format facilitators are listed for product/service strategic elements. Another important decision on product/service is standardization vs. customization. The rationale behind standardization is cost reduction, efficiency, consistency, image congruence, brand awareness, and competitiveness on price. Also standardization enables large scale R&D and innovative change in management style. Another element in operating strategy is control management. The simple way to control franchise contract is relying on legal terms, contractual control system. There are other control systems, administrative control system and ethical control system. Contractual control system is a coercive source of power, but franchisor usually doesn't want to use legal power since it doesn't help to build up positive relationship. Instead, self-regulation is widely used. Administrative control system uses control mechanism from ordinary work relationship. Its main component is supporting activities to franchisee and communication method. For example, franchisor provides advertising, training, manual, and delivery, then franchisee follows franchisor's direction. Another component is building franchisor's brand power. The last research element is performance factor of international franchising. Performance elements can be divided into franchisor's performance and franchisee's performance. The conceptual performance measures of franchisor are simple but not easy to obtain objectively. They are profit, sale, cost, experience, and brand power. The performance measures of franchisee are mostly about benefits of host country. They contain small business development, promotion of employment, introduction of new business model, and level up technology status. There are indirect benefits, like increase of tax, refinement of corporate citizenship, regional economic clustering, and improvement of international balance. In addition to those, host country gets socio-cultural change other than economic effects. It includes demographic change, social trend, customer value change, social communication, and social globalization. Sometimes it is called as westernization or McDonaldization of society. In addition, the paper reviews on theories that have been frequently applied to international franchising research, such as agent theory, resource-based view, transaction cost theory, organizational learning theory, and international expansion theories. Resource based theory is used in strategic decision based on resources, like decision about entrance and cooperation depending on resources of franchisee and franchisor. Transaction cost theory can be applied in determination of mutual trust or satisfaction of franchising players. Agent theory tries to explain strategic decision for reducing problem caused by utilizing agent, for example research on control system in franchising agreements. Organizational Learning theory is relatively new in franchising research. It assumes organization tries to maximize performance and learning of organization. In addition, Internalization theory advocates strategic decision of direct investment for removing inefficiency of market transaction and is applied in research on terms of contract. And oligopolistic competition theory is used to explain various entry modes for international expansion. Competency theory support strategic decision of utilizing key competitive advantage. Furthermore, research methodologies including qualitative and quantitative methodologies are suggested for more rigorous international franchising research. Quantitative research needs more real data other than survey data which is usually respondent's judgment. In order to verify theory more rigorously, research based on real data is essential. However, real quantitative data is quite hard to get. The qualitative research other than single case study is also highly recommended. Since international franchising has limited number of applications, scientific research based on grounded theory and ethnography study can be used. Scientific case study is differentiated with single case study on its data collection method and analysis method. The key concept is triangulation in measurement, logical coding and comparison. Finally, it provides overall research direction for international franchising after summarizing research trend in Korea. International franchising research in Korea has two different types, one is for studying Korean franchisor going overseas and the other is for Korean franchisee of foreign franchisor. Among research on Korean franchisor, two common patterns are observed. First of all, they usually deal with success story of one franchisor. The other common pattern is that they focus on same industry and country. Therefore, international franchise research needs to extend their focus to broader subjects with scientific research methodology as well as development of new theory.