• Title/Summary/Keyword: IT disputes

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The Gesture of the Gift: A Discourse-Centered Approach to Corporate Social Responsibility (선물의 제스처: 미국 내 기업의 사회적 책임에 대한 담론-중심적 논의)

  • Koh, Kyung-Nan
    • Cross-Cultural Studies
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    • v.30
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    • pp.31-51
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    • 2013
  • In this paper, I approach corporate social responsibility as a discourse metadiscursively shaping the social relationship between corporations and society. Using a discourse-centered approach to culture, I examine how early discussions (involving legal disputes) on the rights of corporations to give evolved into a public sphere discussion as to how corporations can be viewed and redefined as social actors with capabilities to perform socially meaning actions, which here is "responsibility." I discuss how corporate social responsibility currently operates as a metadiscourse of corporate personhood, ethics, and corporate citizenship. Then, using insights from Mauss, I analyze how corporate social responsibility might be comparable to a Maussian gift exchange. Corporate social responsibility actions that are performed, indeed, are gift exchanges in that they involve the ideology of the free gift and the implicit expectation of a return to the giver. In the meantime, I argue, that in the case of corporate social responsibility, it is not the act of giving gifts (e.g., grants) that can lead to social alliances but rather the talk of gift giving, a departure from the ceremonial gift exchanges observed by Mauss. That is, here, the talk of giving shapes social alliances, thus displacing this function from the act of giving itself. The PR strategies deploy talk of the gift as a metapragmatic strategy, inviting various forms of role alignment on the part of diverse, potential and actual, participants, in a framework of corporate-sponsored gift exchange in which potential recipients compete, again at the level of metapragmatic description, to become the chosen gift recipient.

Study on the Applicability of Most-Favored-Nation clause in Investor-State Dispute Settlement under China's BIT (중국 BIT상 최혜국대우조항의 투자자-국가 간 분쟁해결절차에 적용에 관한 연구)

  • Zhang, Man;Ha, Hyun-Soo
    • Asia-Pacific Journal of Business
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    • v.10 no.1
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    • pp.117-133
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    • 2019
  • This paper examines the most-favored-nation treatment clause on the BITs concluded by China and examines the attitudes of China on the application of the most-favored-nation treatment clause to the ISDs by period as the scope of arbitration increases. Moreover, this study pointed out the problems that would be exposed if the most-favored-nation treatment clause applies to ISDs and then also suggested solutions. The conclusions of this study are as follows; if the Chinese government strictly restricts the applicable expansion of the most-favored-nation treatment clause to the dispute settlement procedure by considering only the position of the capital importing country, it implies a contradiction against the development trend of the arbitration system related to international investment disputes. Of course, in order to protect the rights of Chinese investors investing abroad, expanding the applicability of the most-favored-nation treatment clause to the ISDs procedure unconditionally may have a negative impact under China's dual status of being a capital-importing country and a capital-exporting country. Therefore, China should clearly define the scope of application of the most-favored-nation treatment clause, the completion of the local remedy for the host country in cases of BIT to be concluded in the future or amended, and also clearly define that the most-favored-nation treatment clause should not be retroactively applied into BITs already concluded as an exception of applicability of the most-favored-nation treatment.

Disconnected "Gold Medal outside the Arena": A History of the Development of the Information System for Seoul Olympic Games (계승되지 못한 올림픽 "장외금메달" : 서울올림픽 전산시스템 개발사)

  • SHIN, Hyang-Suk
    • Journal of Science and Technology Studies
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    • v.19 no.2
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    • pp.207-249
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    • 2019
  • This study aims to show the dynamics behind official historical descriptions, tracking the development of information system for Seoul Olympic Games. Shortly after the decision was made to host the Seoul Olympics, the South Korean government planned to import a computer system used in the previous Olympics. In response, scientists at Electronic Data Processing Center of KAIST put much effort into persuading the authorities to take the initiative in their own development, and they had to prove their capabilities by developing a computer system that worked safely in the National Sports Festival. With the development of the Olympic information system taking shape, various disputes arose among the host ministries, participating organizations and researchers. As a result, the end product resulted in a modularity of four different systems developed by different agencies, rather than a single system. For this reason, no organization claimed ownership or directly inherited the technical performance of the Olympic computer system, although it was praised as a "gold medal outside the arena." Nevertheless, the technology, hardware and manpower accumulated during the development process have since spread to various areas, laying the groundwork for the development of South Korea's information and communication technology.

An Exploratory Study on Group Bullying of Labor Union Members in Labor-Management Disputes (노사분규 사업장 내 노동조합 조합원의 집단따돌림에 관한 탐색적 연구)

  • An, Sung-Eun;Lee, Dong-Yeon;Chae, Jun-Ho
    • Journal of Digital Convergence
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    • v.17 no.9
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    • pp.31-37
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    • 2019
  • The results of this study showed that victim's job motivation, organizational distrust, nervousness, turnover intention, frustration, stress and resistance, powerlessness and alienation were similar to previous studies. I was overwhelmed by the negative force of the collective union and experienced anger in the reality that one individual could not resist or find a solution. In addition, psychological factors such as union members' fear of union bullying were found to have a positive effect on the union members who did not join the strike and those who did not join the strike. It is necessary to consider the question of whether the group bullying behavior is valid in that the union bullying behavior of the union is effective in achieving the purpose of the group.

Revising the Archives Law to Boost Commercial Records Facilities Industry : Issues & Tasks (민간시설 활성화를 위한 공공기록법 개정(안) : 쟁점과 과제)

  • Lee, So-Yeon
    • The Korean Journal of Archival Studies
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    • no.47
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    • pp.197-225
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    • 2016
  • Korean archival community had continuously dealt with attempts at weakening the core of records and archives principles in the name of deregulation. In 2015, Korean government announced revisions of the Archives Law in order to boost uses of commercial records facilities by public institutions. As key concepts were unclear and understandings among stake-holders varied, a considerable degree of chaos and anxiety aroused. The amendment itself was held at National Assembly. The unresolved disputes rested, however, waiting for another attempt of similar nature. As the recognition propelled this paper, it aimed at reviewing major contending arguments and proposing future actions.

A Proposal for the Establishment of Archival Community in the East Asia (동아시아 기록공동체 형성 방안)

  • Kwak, Kun-Hong
    • The Korean Journal of Archival Studies
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    • no.32
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    • pp.219-236
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    • 2012
  • It is well known that records management is closely related to democracy, and the records management 'innovation' in Korea did also aim to reach democratic 'accountability' and 'governance'. Likewise, the first reason this article deals with the establishment of archival community in the East Asia is to help promote democracy and form a co-operative relations in the region through records management. Secondly, the distorted view of history easily found in the history textbooks of each countries should be corrected for the 21st East Asia in peace. Records and memories in the past are main components for the present and the future. A great many records to solve the disputes over history still remains inaccessible at large in the archives of the East Asia. A coming archival community will endeavor to disclose and share the historical records for harmonious awareness of history. Cooperation and solidarity within archival community in the East Asia featuring democratic accountability, governance and more records disclosure can be a brand-new start for peace and 'better' democracy in his region.

A Comparative Study on Dispute Settlement Mechanism between The Korea - US FTA and The WTO (한미 FTA 및 WTO 분쟁해결제도 비교고찰)

  • Kim, In-Gu
    • International Area Studies Review
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    • v.13 no.2
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    • pp.618-642
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    • 2009
  • Currently the nations which join the WTO shall observe understanding on rules and procedures governing the settlement of disputes in WTO agreement. In addition this agreement provides it will be able to apply dispute settlement mechanism of the WTO. Korea and the United States are accomplishing an important role as the core members of the WTO. Regardless of this, The Korea - US FTA is providing a separate dispute settlement system. This paper pursues a comparative analysis concerning rules and procedures of dispute settlement between The Korea - US FTA and the WTO, and furthermore derives problems from the viewpoint of effectiveness, and suggests alternatives and implications in view of trade policy. I hope this study contributes to setting-up and development of national trade policy and is applied to FTA negotiation hereafter.

An Analysis of Delivery/Transport Documents Content in Relation to the Contract of Carriage under Incoterms 2020 Rules

  • Jeon, Soon-Hwan
    • Journal of Korea Trade
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    • v.25 no.1
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    • pp.203-219
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    • 2021
  • Purpose - The purpose of this study is to review and analyzes the contract of carriage and delivery/transport document in light of the major changes made to the Incoterms® 2020 rules forced into effect on January 1st, 2020. Design/methodology - This study analyzed responsibility for the loading and unloading of goods under the contract of carriage in Incoterms 2020® rules forced into effect by the ICC from January 1, 2020, and what document must be presented as evidence of delivery by the seller. Findings - A review revealed that in Rule C, the costs of unloading at the place of destination are determined by the terms of the contract of carriage, and in the DAP and DDP rules, if the seller bears the unloading costs, such unloading costs cannot be recovered from the buyer. To settle this issue, the seller needs to make a contract of carriage by sea with the carrier on FI terms. Furthermore, in the case of containerized goods that the FCA should be used, FOB was misused because the seller could not present an on-board bill of lading in the L/C transaction. However, it was confirmed that in FCA, the parties can use an optional mechanism to issue an on-board bill of lading. Originality/value - Incoterms 2020® rules are still widely used in international trade by parties to contract sales around the world, just like Incoterms 2010® rules. This study attempts to reduce or eliminate disputes that may arise from interpretative misunderstandings between the parties in the contract of sales concluded by the seller and the buyer.

The Impact of Cross-Cultural Differences on Human Resource Management in Korean-Invested Enterprises in China

  • Li, Hao;Li, Yu
    • Journal of Korea Trade
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    • v.25 no.2
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    • pp.46-57
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    • 2021
  • Purpose - In terms of human resource management, many Korean enterprises in China have experienced problems such as frequent resignations of Chinese employees and labor disputes. This can be mainly attributed to the fact that Chinese employees are not consistent with Korean vertical management methods, which is closely related to the national culture theory proposed by Hofstede, specifically the dimension of power distance and long- versus short-term orientation (LTO). Therefore, this research aims to investigate cultural differences between Korea and China from these two dimensions, and the impact on the human resource management of Korean-invested enterprises in China. Design/methodology - This research first utilizes the latest data (Wave 7) of the World Values Survey (WVS) to verify the difference in power distance and long- versus short-term orientation between Korean and Chinese cultures using responses from Korea and China, and then uses case analysis to analyze the impact of this cultural difference on the human resource management of Korean enterprises in China. Findings - Our main findings can be summarized as follows. Korea and China have significant differences in power distance and long- versus short-term orientation. In terms of power distance, Korean respondents show higher power distance compared to Chinese respondents. In the dimension of long- versus short-term orientation, it was found that Chinese respondents showed a shorter-term orientation, whereas Korean respondents showed a longer-term orientation. Originality/value - Previous studies put focus on the power distance and individualism-collectivism dimensions to explain cultural differences between Korea and China, and generated contradictory results. This research further confirms the cultural differences between Korea and China from the dimensions of power distance and long-versus short-term orientation using secondary data. The comparative studies from this perspective have long been underexplored and lack empirical confirmation.

Enhancing the performance of code-clone detection tools using code2vec (code2vec을 이용한 유사도 감정 도구의 성능 개선)

  • Um, Taeho;Hong, Sung Moon;Yang, Joon Hyuk;Jang, Hyo Seok;Doh, Kyung-Goo
    • Journal of Software Assessment and Valuation
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    • v.17 no.1
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    • pp.31-40
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    • 2021
  • Plagiarism refers to the act of using the original data as if it were one's own without revealing the source. The plagiarism of source code causes a variety of problems, including legal disputes. Plagiarism in software projects is usually determined by measuring similarity by comparing every pair of source code within two projects. However, blindly comparing every pair has been a huge computational burden, causing a major factor of not using tools of better accuracy. If we can only compare pairs that are probable to be clones, eliminating pairs that are impossible to be clones, we can concentrate more on improving the accuracy of detection. In this paper, we propose a method of selecting highly probable candidates of clone pairs by pre-classifying suspected source-codes using a machine-learning model called code2vec.