• Title/Summary/Keyword: Exclusive Right

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A Study on the Operational Problems of e-Trade Document Repositary (전자무역문서보관소(電子貿易文書保管所) 운영상(運營上)의 문제점(問題點)에 관한 연구(硏究))

  • Ahn, Byung-Soo;Lim, Sung-Chul
    • International Commerce and Information Review
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    • v.8 no.1
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    • pp.125-141
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    • 2006
  • It is no unnecessary to tell the importance of foreign trade in Korea economics. Nevertheless, government's direct support is impossible owing to WTO's regulation. Accordingly, government have brought focus into trade facilitation as paperless trade. e-Trade document repositary building by government's budget and private sector's cooperation is a part of e-Trade platform and necessary function in connection with relay and certification of e-Trade document. This study examined the estimated operational problems of e-Trade document repositary as compared Licensed Electronic Document Repositary. Firstly, the operator of e-Trade document repositary undertake multiple role and function as Licensed Certification Authorities(e-sign Act), Licensed Electronic Document Repositary(Framework Act on Electronic Transaction) etc. Secondly, sufficient levy that meet operating cost of the e-trade document is the key point of e-Trade document repositary's success, because additional budget invest in that operation is too hard to do. Thirdly, the operator of the e-Trade document repositary have to keep fairness, objectivity and transparency because the operational right is exclusive.

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The effect of Territorial Restraint in Food&Beverage Similar Brand Extension (외식 프랜차이즈 거래에서 지역제한(Territorial Restraint)이 가맹본사의 브랜드 확장에 미치는 영향)

  • Lim, Chae-Un;Lee, Joseph;Yi, Ho-Taek
    • Journal of Distribution Research
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    • v.15 no.5
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    • pp.217-235
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    • 2010
  • In franchise industry, territorial restraint is a system that imposes exclusive right to franchisers in a certain business area. To the franchisers, this system guarantees monopoly profits in a local market and exclusive rights during the contract periods. In such a way, franchisee generates a big revenue at once on the basis of franchiser's initial investment such as interior cost and franchise fee, it must have supervised franchiser's moral hazard for the territorial restraint agreement. Rather than territorial restraint can be a system to give exclusive right to franchiser's so that they neglect their own sales and too much rely on headquarter's brand and marketing activities without their own efforts. This paper assesses the implication of territorial restraint by examining the effect on brand extension, degree of contract termination. Drawing on research in transaction cost agreement and opportunism, the authors suggest that franchisee is highly likely to launch similar brand which is not effected on previous contract when territorial restraint is set out in the contract system. Moreover, the authors find that the degree of contract termination will be high in the existence of territorial restraint due to the franchisee's opportunism. The results imply that territorial restraint induces franchisee's opportunistic strategy more aggressively so that the possibility of brand extension or new brand launching will be increased. At the same time, franchisee is aggressively seeking for the reason for contract termination due to the pursuit of its profit maximization. Based on some empirical findings, this paper concludes with policy implications and some necessary fields of future studies desirable.

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Problems of Water Use and Estimation of Water Right in North Han River Shared by North and South Korea (I) -Analysis of Diversion Impacts on Downstream Area by Imnam Dam (남북공유하천 북한강의 물이용 문제점 및 수리권 추정 (I) -임남댐 유역변경에 의한 하류 영향 분석)

  • Ahn, Jong-Seo;Jung, Kwan-Sue;Lee, Gwang-Man
    • Journal of Korea Water Resources Association
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    • v.44 no.4
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    • pp.305-314
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    • 2011
  • Imnam Dam construction and inter-basin water transfer use by North Korea have caused several problems including water resources management aspects in the downstream reach of North Han River. Therefore, cooperative works between North and South Korea are required to make a reasonable management situation of the shared river for water quantity and quality. However, efforts by the North and the South has done not enough to achieve equitable water use in the shared river. This study analyzes main impacts caused by Imnam Dam in key sectors for reviewing water use right regarded as the most important decision-making criterion in international rivers. As the results, water deficit by Imnam Dam is calculated at 379 million $m^3$/year when river drought year for water assessment is set in 1978 in the Han River basin. Additionally hydropower production is decreased by 234 GWh/year in exclusive hydropower generation dams. In respective of water quality, BOD concentration is increased by 0.065 ppm at Sambongli in North Han River. Finally it is identified that unequitable water use based on the absolute territorial sovereignty by North Korea in North Han River has directly and indirectly affected severe impacts to South Korea as the downstream user.

A Meta Analysis of the Effects of Road Safety Facilities on Accident Reduction: Focusing on Signalized Intersection (도로안전시설의 사고감소효과 메타분석 : 신호교차로를 대상으로)

  • CHOI, Ji Hye;LIM, Joon Beom;LEE, Soo Beom
    • Journal of Korean Society of Transportation
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    • v.34 no.4
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    • pp.291-303
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    • 2016
  • The number of traffic accidents at intersections has been increased over the past decade, and in 2014, accounted for 44% of the total traffic accidents. In addition, since most of road accident black spots include signalized intersections, the improvement of safety on signalized intersection is top priority for national road safety program in Korea. For the decision of most effective action plan for the safety of signalized intersection, this study conducted meta-analyses to assess the effects of various road safety facilities at signalized intersection on traffic accidents. We selected 19 articles regarding the prediction of traffic accidents at signalized intersection and calculated 34 individual effect sizes on 8 variables included in the articles. The results found that there was a statistically significant negative relationship between the occurrence of traffic accident and the presence of all of road safety facilities except an exclusive left turn bay. It shows that most of the road safety facilities could prevent traffic accidents, and intersection channelization has the most effective on the reduction of traffic accidents followed by left-turn acceleration lane, lightning, crosswalk, exclusive right-turn lane and median barrier.

A Study on the Validity of Open-price Offer in European Law (유럽 법제에서 오픈 프라이스 청약의 유효성에 관한 고찰)

  • Kim, Jae-Seong
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.38
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    • pp.47-68
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    • 2008
  • I have observed the validity of open-offer from a point of European contract law in comparison with International Trade Law in this paper. Generally we know that an offer is an expression of willingness bo be bound to the contract. In English law if there are no intention it will be considered such as circulation of price lists or catalogues. As for French law these activities could be considered as an offer. However German law is closer to English law as to an offer. A contract which does not ascertained price is open-price terms and it can be applied not only for general commercial contracts but also for franchise or for distributorship agreements especially in Europe. When open-price terms applied to reserve a exclusive right to the contract the validity of contract can be a serious matter between principals. In English law an offer must be sufficiently complete to be capable of acceptaqnce. English law does not require that price terms should be indicated on offer. English law allow a open-price terms in the contract. In French law a contract will be valid in the absense of a price which is either determined or objectively determinable. A price by the market price of similar products is not enough to be valid offer. It should be recognized and accepted objectively by third parties. French law require that price terms should be indicated on offer. Open-price terms are not enough to be an effective offer. However German law shows more flexible than French law. In German law if the price is not fixed in the contract there are four ways to determine it. The seller may determine the price by the time of deliver. By reason of thess backgrounds I have made comparison with European contract law and International trade law on the validity of open-price offer in this paper. It seems that we are not familiar with open-price terms although franchise contract or special terms of contract have been increased in these days. So I hope this paper will be helpful to show a new point of view.

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Analysis of Spectrum Sharing Policy and Spectrum Usage Rights (주파수 공동사용 정책 및 주파수 이용권 분석)

  • Kim, Chang-Joo;Kang, Young-Heung;Kye, Kyung-Moon;Kim, Young Soo;Park, Duk-Kyu;Park, Seokji;Bae, Jung-Kee;Yoon, Hyun-Bo
    • The Journal of Korean Institute of Electromagnetic Engineering and Science
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    • v.24 no.8
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    • pp.805-819
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    • 2013
  • In this paper, we analyze the paradigm shift of radio policy with the development of radio technology. In particular, we propose the definition of spectrum sharing, which is now omitted in the Korean radio law, and analyze the category of spectrum sharing depending on the licensing regime. Also we propose to extend the spectrum usage right, which defines only exclusive usage rights by spectrum auction in the Korean radio law, to all the stations which use radio spectrum and to restructure the Korean radio law.

Recurrent T-cell lymphoma occurred in the vocal fold: a case report (성대에서 발견된 재발성 T세포 림프종에 대한 증례 보고)

  • Kang, Karam;Choi, In Hak;Lee, Doh Young;Baek, Seung-Kuk;Jung, Kwang Yoon
    • Korean Journal of Head & Neck Oncology
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    • v.33 no.2
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    • pp.55-58
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    • 2017
  • Background. Lymphoma of the vocal fold is extremely rare due to low lymphoid content in the larynx. To date, fewer than 100 cases of laryngeal lymphoma have been reported; however, none of these literatures are concerned about exclusive laryngeal involvement of recurred lymphoma which initially appeared in other body sites. Specific consensus about management for these patients yet to exist, due to its rare occurrence; however, the main modality of treatment is chemotherapy alone or in combination with radiation therapy. Case. Herein, we report a case of a 51-year-old female patient who had recurrent T-cell lymphoma developing in bilateral vocal folds. The patient was originally diagnosed of T-cell lymphoma in right colic flexure 10 years ago, and was cured by chemotherapy. Immunohistochemical stain revealed the histologic type of recurred tumor in the vocal folds that are identical to the previously cured lymphoma. Conclusion. To the best of our knowledge, this was the first case that recurrent lymphoma occurred solely in the vocal folds. Despite its rarity, lymphoma should be put in the index of suspicion among those patients with decreased vocal fold mucosal wave without definite vocal fold mass who had a history of cured lymphoma.

A study on the multilateralism in aircraft and air liners nationality and its implication with respect to the Article 7 of the Chicago Convention (항공기(航空機) 및 항공사(航空社)의 국적(國籍) 다원화(多元化)와 시카고 조약(條約) 제7조의 해석(解釋) 문제(問題))

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.7
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    • pp.151-175
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    • 1995
  • In recent years, questions have arisen under several forms with respect to the need for adapting present legal order established under the Chicago Convention and relevant customary rules into newly developed environment surrounding the international air transport industry. Major feature of such trends included in opinions for modification of the present legal order might be defined as more liberalistic approach to this industry. In this respect, many scholars and lawyers in this field agree with a view that a theoretical tie between an aircraft/air liners and a register - State lies in political and strategical concern of the State so that each aircraft/air liners has been attributed a single nationality. In the context of such concern, each aircraft/air liners has been related with each register-State in the form of "genuine connection". However, present and near future development of air transport industry and its world - wide market requires some modification of such single nationality regime. Taking into account such circumstances, States as creator of present legal order are in the process of establishing new legal order where air liners with multi - nationality are capable of satisfying to such needs. As adopting a series of liberalization package for air transport industry in european continent, European Union adopts a concept of "community air carrier", by which an air space of each member State is open to each other, especially through the grant of cabotage right. A serious concern may arise in such grant because the Article 7 of the Chicago Convention prohibits such grant on an exclusive basis. While many theoretical opinions have been put forward concerning the interpretation of that article, a case of European Union shall be a good test of the range of its application. It is anticipated that future development around this issue shaH furnish us a major feature of the liberalization of international air transportation and an adaptation process of present legal order.

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Safety Performance Functions for Central Business Districts Using a Zero-Inflated Model (영과잉을 고려한 중심상업지구 교통사고모형 개발에 관한 연구)

  • Lee, Sang Hyuk;Woo, Yong Han
    • International Journal of Highway Engineering
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    • v.18 no.4
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    • pp.83-92
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    • 2016
  • PURPOSES : The purpose of this study was to develop safety performance functions (SPFs) that use zero-inflated negative binomial regression models for urban intersections in central business districts (CBDs), and to compare the statistical significance of developed models against that of regular negative binomial regression models. METHODS : To develop and analyze the SPFs of intersections in CBDs, data acquisition was conducted for dependent and independent variables in areas of study. We analyzed the SPFs using zero-inflated negative binomial regression model as well as regular negative binomial regression model. We then compared the results by analyzing the statistical significance of the models. RESULTS : SPFs were estimated for all accidents and injury accidents at intersections in CBDs in terms of variables such as AADT, Number of Lanes at Major Roads, Median Barriers, Right Turn with an Exclusive Turn Lane, Turning Guideline, and Front Signal. We also estimated the log-likelihood at convergence and the likelihood ratio of SPFs for comparing the zero-inflated model with the regular model. In he SPFs, estimated log-likelihood at convergence and the likelihood ratio of the zero-inflated model were at -836.736, 0.193 and -836.415, 0.195. Also estimated the log-likelihood at convergence and likelihood ratio of the regular model were at -843.547, 0.187 and -842.631, 0.189, respectively. These figures demonstrate that zero-inflated negative binomial regression models can better explain traffic accidents at intersections in CBDs. CONCLUSIONS : SPFs that use a zero-inflated negative binomial regression model demonstrate better statistical significance compared with those that use a regular negative binomial regression model.

Coastal State's Jurisdiction over Suspected Vessels on the High Seas - In relation to the case of F/V Jin Yinn in USA - (공해상의 범죄혐의 선박에 대한 연안국의 관할권 - 미국의 F/V JIN YINN호 사건등과 관련하여 -)

  • Kim, Jong-Goo
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.17 no.1
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    • pp.47-52
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    • 2011
  • On the high seas, under international law, a ship is subject to the jurisdiction of the state whose flag she flies. Vessels of any flag are free to navigate the high seas without interference from other states. Thus, there are certain limits of coastal state's exercising law enforcement jurisdiction over a foreign flag vessel on the high seas. However, there are exceptions to exclusive flag state jurisdiction. One of them is the theory of constructive presence. The other is theory of partial execution. Korea Coast Guard's law enforcement authority should be exercised more actively based on those theories supported by the international cases.