• 한국중재학회지:중재연구
• /
• 제19권2호
• /
• pp.49-72
• /
• 2009

Korea Fair Trade Commission (KFTC), one of the Government agencies, has been preparing a standard model form of Exclusive Contract for Entertainment Management (hereinafter referred to as "Exclusive Contract") to eliminate some types of unfairness that placed entertainers at disadvantage such as forced PR activities or activities without payment, excessive privacy infringement, and exemption of payment after the termination of the exclusive contract. The said Exclusive Contract was drafted by The Korean Commercial Arbitration Board (the "KCAB") in association with the Korean Entertainment Law Society (the "KELS") and KCAB has persistently persuaded Corea Entertainment Management Association (the "CEMA"; mainly actors management) and Korea Entertainment Producers' Association (the "KEPA"; mainly singers management) to adopt the above-mentioned Exclusive Contract, respectively, and especially arbitration clause instead of litigation. After KCAB's tens of meetings and persuasion, they finally decided to accept KCAB's offer and they have submitted the Exclusive Contract drafted by KCAB and KELS to KFTC on April 17, 2009. The arbitration clause drafted by KCAB was already accepted by unfair contract examination division and unfair contract advisory committee and the final standard model contract was supposed to be publicly announced on June 30, 2009 after final examination of unfair contract standing committee, but the announcement has been delayed owing to severe controversies between the concerned parties, such as CEMA, KAU (Korea Artists' Union), KEPA and KSA (Korea Singers' Association) related to delicate issues like contract period and ownership of intellectual properties, etc. But it is expected the announcement will be made very soon by which the contract will include the originally drafted arbitration clause by KCAB. Therefore, it is very timely to examine the various legal issues which can be arisen out of disputes, and arbitration appropriateness with Exclusive Contract of Entertainment Management on this paper.

• 대한안전경영과학회지
• /
• 제17권3호
• /
• pp.97-104
• /
• 2015

The study is conducted in order to identify whether there is difference in laboratory safety management committee and safety manager appointment for type of institutes(university, research institute, enterprise institute). The study conducted statistical analysis of 2484 institutes (university, research institute, enterprise institute) that attended 'current status of laboratory safety management' by year(number of current status participation). As a result, university showed increase in forming safety management committee as the number of current status(year) increases. The number of safety management committee held were the highest amongst all institutes being 2 held/2 year. Furthermore, period of safety management committee held at university and research institutes are decreasing stately. For 2014, the rate of hosting periodic committee and temporary committee simultaneously when necessary are increasing. The rate of appointing safety manager who is in charge of laboratory safety is increasing in university, but it is decreasing in research institute and enterprise institute. The work pattern of safety manager in university is increase in exclusive duties and decrease in adjunct duties, while work pattern in research institute and enterprise institute is more on the contract duties.

• 노동경제논집
• /
• 제27권1호
• /
• pp.27-53
• /
• 2004

이 논문에서는 구조조정을 둘러싼 두 개 기업(현대자동차와 발전회사)의 노사분규 사례를 중심으로 교섭행위론의 관점에서 그 발생 배경, 노사 쟁점과 교섭 과정, 그리고 분규양태 및 수습 결과에 대해 분석하고 있다. 현대자동차와 발전회사의 노사분규에서는 정부 및 정치권의 개입을 통한 타율적인 분규사태 수습, 노사 상호간의 높은 불신과 배제적 교섭태도, 합의도출이 불가능한 노사의 교섭요구안, 그리고 노사분규의 사후적인 학습효과 결여 등과 같은 특징적 공통점이 발견되고 있다. 이 사례비교 연구를 통해 국내 기업 차원의 노사관계가 노사불신 $\rightarrow$ 교섭요구의 이해상충 $\rightarrow$ 배제적인 교섭태도 $\rightarrow$ 적대적 분쟁 경험으로 이어지는 퇴행적인 순환 과정을 통해 노사갈등 구도를 확대 고착화하고 있는 것을 확인하게 된다. 결론적으로, 노사관계 혁신의 단초를 마련하기 위해 노사갈등이 확대재생산되는 악순환을 노사협력의 선순환으로 대체하려는 정책적 노력이 노 사 정, 그리고 언론에 의해 기울여져야 한다는 점을 제언하고 있다.

• 한국중재학회지:중재연구
• /
• 제23권1호
• /
• pp.85-105
• /
• 2013

The entertainment industry has developed along with current Korean wave fever, and so entertainment-related disputes are increasing rapidly. Litigation is a poor fit for entertainment disputes because of characteristics such as temporal sensitivity. Thus, in the US, the entertainment industry resolves these disputes through ADR mechanisms like arbitration, but cases of settling such disputes through arbitrations are very rare in Korea. This study examined the characteristics and types of entertainment disputes and considered the compatibility of arbitration as a method for settling disputes, and then suggested tasks for revitalizing arbitration systems as entertainment dispute resolution procedures. Arbitrations have many merits, such as the rapid pace of procedures, confidentiality, satisfying the long-term desires of business relationships, the low cost of settling disputes, judgments rendered by experts, etc.; thus, it is a very suitable mechanism to settle entertainment-related disputes. The study proposes necessary steps for revitalizing arbitration systems for entertainment disputes. First, awareness of entertainment industry workers about the arbitration system should be raised. Second, special educational programs for members the of Korean Commercial Arbitration Board related to entertainment should be set up and operated together with encouraging positive attitudes toward actions like establishing a dedicated arbitration unit on entertainment disputes. Third, neutral, professional arbitrators should be secured and aggressive disclosures made. Fourth, a professional ADR organization such as an "Entertainment Arbitration Committee" should be established.

• 대한영양사협회학술지
• /
• 제6권2호
• /
• pp.136-147
• /
• 2000

The aim of this research was to examine the management practices related to foodservice.clinical nutrition service provided by hospital foodservice operations. A survey of 30 hospital food nutrition service departments was undertaken and detailed information was collected from each, including surveys of 176 dietitians and 30 foodservice managers. Statistical data analysis was completed using the SAS/win 6.11 package for descriptive analysis and t-test. The results of this study can be summarized as follows : Out of 30 hospitals, 73.3%(22) were directly operated and 26.7%(8) were under contract foodservice management. Licensed number of beds were 768.7, with an average length of 11.4 days. The general characteristics of the dietitians were that 49.4% were aged between 25-29, and 60.8% were ordinary dietitians. 76.7% had bachelor's degree, 15.9% with master's degree and 7.4% were college graduates. Most hospital dietitians had internship training and 35.2% took a training course of 6 to 12 months. The average space of kitchen was 452.52 $m^2$, with 133.63$m^2$ for modified diet space and 18.13$m^2$ for nutrition counselling room space. The total number of normal meals was 1,255.47, with 502.93 of modified meals. The average calorie of normal meals was 2,145.04kcal, with 91.9g of protein contained in normal meal. The total food waste was 351.40kg. An average monthly cost for disposing food waste was 745,171.67 won. 83.3% of the kitchens were on the 1st basement and only 66.7%(20) of 30 hospitals had its own nutrition counselling room. 80% used dishwashers and 66.7% had an exclusive elevator for delivering meals. 80.0% of hospitals used centralized delivery service. 90% had established an area for hygiene division, 70% used dry zone within the dishwashers for sterilization, 66.7% provided spoon and chopstick, and 100% used dish cover. As means of food waste treatment, most hospitals(56.7%) used animal feed by contracters, followed by means of collection by contracters(30%) and in-house high speed fermentation machines(13.3%). It was found that only 33.3% hospitals regularly checked temperatures of the meals given to patients. Total productivity index was 3.72(meals/hour) in average, with an average productivity index for normal diet of 5.41. Average productivity index for modified diet was 4.62. Productivity indices for patient meals and clinical nutrition were 5.01(meals/hour) and 1.12(cases/hour) respectively and hospitals under self-operated foodservice management received higher points on clinical nutrition productivity index(P<0.01) than hospitals under contract foodservice management.

• 한국수자원학회:학술대회논문집
• /
• 한국수자원학회 2011년도 학술발표회
• /
• pp.20-20
• /
• 2011

The purpose of this research aims to evaluate the emergence of new business mode in the Chinese water market since the mid-2000s - Transfer-Operate-Transfer(TOT) Projects. The study pays special attention to the case of the Hefei Wangxiaoying Wastewater Treatment TOT Project, which was awarded to the consortium of Berlin Water International and its Chinese partner in late 2004. The consortium secured an exclusive operating right for 23 years on the basis of a TOT scheme and would take responsibility of all the profits and losses in the operation of the plant. The total investment for the transfer amounted to RMB 491 million(US$70 million). The price was more than 288% of the original value, RMB 170 million (US$24 million). The project can be regarded as a successful case because of the following three causes. First, the Hefei government followed a series of standardized procedures in the international bidding, which ignited best-performed international players' competition for the project. Second, the project will bring in cutting-edge operation skills and management know-how. Third, the government succeeded in raising public asset values, and thanks to this, the government is able to consider other similar projects not only in the water sector but also other sectors in public utility services. Nevertheless, Berlin Water's point of view, there are several challenges. First, the company took a risk to pay such a large amount of cash to the Hefei government. Although such premium can be recouped in the operation period of 23 years, whether or not the company would be able to recover the initial investment and realize profits is in question due to an uncertainty of socio-political circumstances in China. Second, Berlin Water should expect a steep rise of water tariffs over the contract period in order to get the investment back. Water pricing is still a sensible matter to Chinese authorities, and therefore, it is uncertain if such rise of water tariffs would be possible. Third, the TOT mode leads to creation of a large amount of cash to government officials, which might have caused corruption between those who are involved in TOT deals. Then, the final contract fee would soar, which often results in the burden of normal customers. As discussed, the TOT mode has drawn much attention of foreign investors as a new alternative to enter into the Chinese water market. But it is important to note that foreign investors should be aware of possible risks in water TOT projects, which reflects some features of the Chinese political economy landscape and social norms. The Hefei case indicates that benefits can overshadow risks in TOT projects, which will continue to attract foreign investors that are dedicated to establishing their strongholds in the Chinese water market.

• 유통과학연구
• /
• 제13권6호
• /
• pp.79-86
• /
• 2015

Purpose - The cosmetics industry is a traditional high value-added industry in terms of the domestic demand, small batch production systems, exclusive competition, and raw materials highly dependent on overseas countries as well as an oligopolistic market structure. However, new foreign brands and growing consumer awareness of inexpensive products, has triggered a shift. In line with changing lifestyles and the polarization of consumption, the industry faces a new market structure. Among its key characteristics is the cosmetics industry's numerous distribution channels (i.e., department stores, door-to-door sales, online shopping malls, brand shops, and discount stores). Therefore, the study of its distribution channels is essential. Research design, data, and methodology - The study analyzed channel distribution power divided into coercive and non-coercive power. The factors of coercive power included: unilateral request of an increase in commissions, interference in sales by taking advantage of a superior status, unilateral buck-passing at the time of a problem, unilateral request to stop sales activities, and a unilateral business contract; the factors of non-coercive power included favorable payment conditions, offers of various kinds of information, policy on commission reduction, pride in market entrance, and promotion support. In addition, the mediating variable "interdependence" was applied to the execution of department store (or mart) power and their shop conflicts and satisfaction to examine direct and indirect influential power. The methodology was a survey of managers of cosmetics shops in department stores (or marts). The questionnaire, based on a five-point Likert scale, included questions about basic personal information, execution of power, interdependence, conflict, and satisfaction. The study distributed 198 questionnaires and collected 131. Ten questionnaires with missing or hard to analyze data were excluded. Thus, 121 copies were analyzed. Results - According to the analysis, the execution of coercive power by department stores (or marts) did not affect interdependence, but the execution of non-coercive power did. Interdependence did not influence conflict, but did affect satisfaction. Additionally, the analysis revealed direct influential power: the execution of coercive power positively affected conflict and negatively influenced satisfaction; the execution of non-coercive power positively affected satisfaction. Conclusions - To offer suggestions for distribution business relations in the cosmetics industry, this study investigated how the execution of power by department stores (or marts) affected their shops. More specifically, it examined how much the execution of both coercive power and non-coercive power influenced conflict and satisfaction, and analyzed the mediating role of interdependence. In line with previous study results in various areas, coercive power was shown to be the source of conflict, leading to a decrease in satisfaction, whereas non-coercive power significantly positively influenced satisfaction. Moreover, non-coercive power increased interdependence, which led to greater satisfaction. As a result, interdependence had a mediating effect on non-coercive power and satisfaction. Based on the results, department stores (or marts) should look for improvements plans that increase interdependence. Such plans could alleviate conflict with the shops, increasing their satisfaction.