• Title/Summary/Keyword: Legal Deficiencies

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A Study on the Improvement of SE Based Operation Requirements Documents Application in Defence Acquisition (국방획득에서 SE기반의 운용요구서(ORD) 적용 개선방안 연구)

  • Kim, Heung Bin;Jung, Chan Young;Yang, Myeng Hee
    • Journal of the Korean Society of Systems Engineering
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    • v.18 no.1
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    • pp.33-45
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    • 2022
  • This paper relates to the improvement application of operation requirements documents(ORD) on which empirical researches are not sufficient. The application of ORD was drawn up and operated in the acquisition phase, and recently it was decided to apply it in the requirements planning phase. However, the reality is that there are deficiencies in the performance of works, such as the classification of works among related organizations. Therefore, this study analyzed the cases of writing ORD that have been promoted so far, and Its status was enhanced by reflecting it in laws and regulations. In addition, the concept was redefined, and improvement measures such as the level of writing ORD were suggested for each acquisition stages. Above all, it is desirable to incrementally supplement and develop from preliminary conceptual research in the planning stage and drafting at the military level. In addition, the relevant legal system should be supplemented so that such ORD application can be flexibly established in defence acquisition.

Establishing the Direction of Healthcare R&D through Private Nonprofit Organizations (민간비영리 조직을 통한 보건의료 R&D 방향 설정)

  • Lee, Byeonghui;Ahn, Bekay;Yoo, Ki-Bong;Kim, Tae Hyun;Kim, Bongshin;Park, Hyunchun;Lee, Yejin;Noh, Jin-Won;Lee, Seung Hoon
    • Korea Journal of Hospital Management
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    • v.22 no.3
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    • pp.74-87
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    • 2017
  • Purposes: The purpose is to establish the direction of healthcare R&D through private nonprofit organization. Methodology: The data is divided into two groups: 12 physicians and pharmacists, and 16 persons including professors related to university donation, non-profit foundation executives. Each group was subjected to two Delphi surveys. To analyze the validity of the opinion, the content validity ratio and the consensus of experts were verified. Findings: Funding should be invested in 'development research' and 'application research'. The factors that hinder the donation culture are 'donation prevention system such as tax imposition system and rebate double penalty system', 'insufficient motivation of fund raising person', and 'lack of fund specializing specialist'. The fund raising strategy should be centered on a small number of large donors or a balance between large and small donors. The fund raising target should be effective to raise funds for corporate and individual donors. It is necessary to clarify the purpose of the social problem to be solved by the campaign strategy for promoting donation, to announce the validity of the trust and transparency of the institution, and to emphasize the social investment by the private sector. Practical Implications: It is necessary to present directions through private nonprofit organizations for the future development of healthcare R&D. The legal and institutional deficiencies of the domestic nonprofit organization fundraising infrastructure should be improved. In order to create a social investment climate, it is necessary to improve the awareness of donations and develop various donation programs for the private sector.

Critical Review of the Former Korean Regulations for Consumer Chemicals and the Humidifier Disinfectant Disaster (가습기 살균제 참사와 관련된 당시 생활화학물질 관리 법령에 대한 비판적 고찰)

  • Cho, Dae Hwan;Zoh, Kyung Ehi;Park, Taehyun;Choi, Yeyong;Park, Dong-Uk
    • Journal of Environmental Health Sciences
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    • v.48 no.3
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    • pp.183-194
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    • 2022
  • Background: No study has examined the regulatory factors associated with fatal health problems due to the use of humidified disinfectants (HD) in South Korea. Objectives: This study aimed to identify and discuss the deficiencies and limitations found in the Toxic Chemical Control Acts (TCCA) that failed to prevent the health risk of chemicals in HD products. Methods: The South Korean TCCA was reviewed focusing on acts in operation from 1994 through the end of 2011, the period when HD was allowed in manufacturing and marketing. Results: The TCCA was the act intended to regulate the toxicity of chemicals in HD products. We found the TCCA to lack three key legal clauses which would have been essential to controlling the health risk of HD. First, there was the exemption of toxic and hazard testing for existing chemicals, including chloromethylisothiazolinone (CMIT), methylisothiazolinone (MIT), and benzalkonium chloride (BKC). Secondly, there were no articles requiring industry to provide animal inhalation test result for polymers such as polyhexamethylene guanidine (PHMG) and Oligo(2-)ethoxyethoxyethyl guanidine chloride (PGH). Finally, there was a lack of articles on examining the risk of products as well as on addressing changes in the usage of products. These articles were found to be generally provided in the US Toxic Substance Chemical Act (TSCA) and the EU Registration, Evaluation and Authorization of Chemicals (REACH). Conclusions: In conclusion, the Ministry of Environment of South Korea had not updated key articles for regulating hazardous chemicals, causing large-scale health problems due to HD which had been fundamentally addressed in chemical-related acts in other countries.

A Study on the Improvement of Aviation Safety Management System through Analysis of Legal System and Data Status (법제도 및 데이터 현황 분석을 통한 항공안전관리시스템 개선방안 연구)

  • Hae-yoon Byeon;Hyun-Jin Jeong
    • Journal of the Society of Disaster Information
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    • v.19 no.1
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    • pp.105-116
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    • 2023
  • Purpose: The purpose of this study is to present the preemptive prevention and improvement measures for aviation safety management by examining the current status of the aviation industry and the operation system of the aviation safety management system and identifying the shortcomings of the currently operating aviation safety management system. Method: A plan to improve aviation safety management was proposed through an analysis of recent incidents and accidents, current status of domestic laws, and analysis of overseas operating institutions and safety management systems. Result: Through the recent aircraft safety-related incidents, deficiencies of currently operating aviation safety management, and response cases of advanced countries in overseas aviation, improvement points in terms of management systems and laws and preventive aviation safety management plans were derived. Conclusion: The method for improving aviation safety management was presented based on the technique using data, and it should be materialized through additional related research.

Metaverse Artifact Analysis through the Roblox Platform Forensics (메타버스 플랫폼 Roblox 포렌식을 통한 아티팩트 분석)

  • Yiseul Choi;Jeongeun Cho;Eunbeen Lee;Hakkyong Kim;Seongmin Kim
    • Convergence Security Journal
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    • v.23 no.3
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    • pp.37-47
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    • 2023
  • The growth of the metaverse has been accelerated by the increased demand for non-face-to-face interactions due to COVID-19 and advancements in technologies such as blockchain and NFTs. However, with the emergence of various metaverse platforms and the corresponding rise in users, criminal cases such as ransomware attacks, copyright infringements, and sexual offenses have occurred within the metaverse. Consequently, the need for artifacts that can be utilized as digital evidence within metaverse systems has increased. However, there is a lack of information about artifacts that can be used as digital evidence. Furthermore, metaverse security evaluation and forensic analysis are also insufficient, and the absence of attack scenarios and related guidelines makes forensics challenging. To address these issues, this paper presents artifacts that can be used for user behavior analysis and timeline analysis through dynamic analysis of Roblox, a representative metaverse gaming solution. Based on analyzing interrelationship between identified artifacts through memory forensics and log file analysis, this paper suggests the potential usability of artifacts in metaverse crime scenarios. Moreover, it proposes improvements by analyzing the current legal and regulatory aspects to address institutional deficiencies.

A Study on the Improvement of Cannabis Production History Management in Korea -focused on Gyeongbuk Hemp Regulation Free Zone- (국내 대마 생산이력관리 개선에 관한 연구 -경북 산업용 헴프 규제자유특구 사업을 중심으로-)

  • Kim, Han-Sol;Shin, Min-Joon;Pan, Young-Hwan
    • Journal of the Korea Convergence Society
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    • v.13 no.5
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    • pp.249-259
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    • 2022
  • More than a year has already passed since the Gyeongbuk Hemp Regulation Free Zone Project was implemented, and it is time to supplement and review the deficiencies in production history management for the domestic hemp industry after the Free Regulatory Zone. In this study, the current status and characteristics of cannabis history management in the Gyeongbuk Hemp Regulation Free Zone project were investigated, and problems with current history management were derived using service design tools such as pilot interviews, shadowing, and Customer journey map. The case of the cannabis production system and the CTS recommended for the legal cannabis market in Oregon, a leading country, was compared and analyzed, and the direction was to secure safety through production cycle history management suitable for growth characteristics, efficient technology application for real-time management, and history information sharing. Through this study, it is expected that it will help improve the current hemp production history management system and properly settle the history management system of domestic hemp industrialization in the future.

Study on the Legal Issues of New Draft of Civil Aviation Law in China (중국 민용항공법 개정 최근 동향과 주요 법적쟁점)

  • Lee, Hwa
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.177-214
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    • 2016
  • During more than 20 years of practice, Civil Aviation Law has experienced three times of amendments since it was enacted in 1995. But these revisions are limited to the technical level. The problems and limitations have become increasingly prominent in its implementation. Firstly, the civil aviation law is the result of interests game among several departments and some legal issues was left behind and the regulation was very vague as a result. Secondly, the process of aviation legislation is the process that the country has undergone profound changes and social transformation. The 20 years is long enough for the society to undergo tremendous changes and 1995 version of civil aviation law does not keep pace of development of economy. There was a serious lag between reality and the law. In order to actively promote the development of the aviation industry and overcome implementation issues of the Civil Aviation Law, Civil Aviation Administration of China (CAAC) initiated modification procedure the law and published new draft of Civil Aviation Law in August 2016. The spirit of this modification is to learn and absorb new achievements of domestic and foreign legislation and the International Convention on civil aviation. Furthermore, the purpose of the revision is to provide favorable policy for the development of civil aviation industry and improve aviation safety and supervision, strengthen and protection of consumer rights and interests, to enhance the safety of civil aviation activities, and promote the development of general aviation. This revision concerned to the 78 articles which are revised or deleted and 24 articles added. The highlights of the draft include but not limited to the enhancement of security management, clarification of the main responsibility for production safety. And also it added the provisions related to the construction of effective tracking capability of public air transport enterprises and license system on the transport of dangerous goods. Compared with the existing civil aviation law, the draft has made a great improvements. But there are several deficiencies and limitations in the drafts. These problems need to be supplemented and perfected through further amendments in near future.

Study on Improvement of Family Assistance System for Victim's Family of Air Traffic Accident (항공사고 피해자 가족지원 제도개선 연구)

  • Jeon, Jong-Jin;Kim, Hui-yang;Yoo, Kwang-Eui
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.315-343
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    • 2018
  • In the event of an air accident, the media and members of the general public pay attention to the victim of the accident and are deeply concerned about their actions and rewards. However, through the accident of Air China(CCA) Flight 129, which occurred in 2002, we were able to confirm that it is a real problem that the victims of the air accident as well as the victims suffer much suffering and serious aftermath. Nevertheless, Korea's system for assistance the families of victims of air accident is very poor. On the other hand, when Trans-World Airlines(TWA) Flight 800 exploded and crashed over the Atlantic Ocean in 1996, the United States enacted a law to assistance the families of the victims of the accident. According to this law, systematic assistance and management of not only the victims of the accident but also their families, minimize the additional damage of victims and victims' families and help them to get rid of the accident after the accident. In particular, the measures taken by the US authorities in response to an accident in which an Asiana Airlines flight(AAR) 214 crashed during a landing at San Francisco International Airport in 2013, made a lot of suggestions for us to assistance the victims and their families in an air accident. The purpose of this paper is to suggest the necessity of improving the system for victims and victim's family assistance in air accident. In this paper, we analyze the domestic and foreign legal systems and related cases in past accidents, identify the deficiencies of the Korean system, and derive the necessity to improve the related system. It is also important to make sure that victims' families are relieved from early psychological and economic shocks and that the results of accident investigations are reliable. Relevant ministries, airlines, and related agencies should recognize that prompt and systematic assistance and cooperation is needed to ensure that victims and families are relieved of the impact and confidence in the investigation, as is the case in the United States. In addition, efforts should be made to supplement the related laws for the assistance of aircraft victims and victims' families, to establish manuals for implementation, to plan and to implement them promptly in the event of an accident. To achieve this, it is necessary to establish regulations for the legal institutionalization of the roles and responsibilities of national and state agencies on victims of aviation accidents and family assistance. And the victim and family assistance plan that the airline has to submit to it, as specified in the current law, need to specify that item. In addition, new and supplemented contents should be integrated into a single clause or proposed as a separate special law for the purpose of applying a clear law.

A Study on Policies for Conservation Measures Based on the Status and Issues of Conserved Remains (보존유적 현황과 문제 인식을 통한 보존조치 제도 연구)

  • So, Jaeyun
    • Korean Journal of Heritage: History & Science
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    • v.53 no.3
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    • pp.110-127
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    • 2020
  • The term "conserved remains" refers to cultural remains that are preserved in accordance with the valuation of buried cultural properties when important remains are recognized in rescue excavations during construction work. South Korea's rapid economic growth and ensuing land development over the past few decades compelled a sharp increase in the number of rescue excavation cases, and, naturally, of conserved remains. Today, an increasingly large number of conserved remains have raised issues, including those concerning land expropriation as well as the management and utilization of such remains, but no clear solutions have been proposed. This study attempts to propose plans for improvement based mainly on the recognition of institutional issues rather than technical issues related to the conservation of cultural remains. This is because the identification and review of institutional deficiencies must be prioritized in order to efficiently manage conserved remains with limited resources and manpower. Among many possible proposals to demand improvement of conservation policies, one that must first be examined under the current system is the rapid transition, or review thereof, of "conserved remains" to "designated cultural properties." Unlike designated cultural properties, conserved remains are merely a temporary means of conservation, because they lack regulations for follow-ups subsequent to preliminary measures. Naturally, deferring the definition of relics as "conserved remains" for extended periods causes numerous problems. Measures to resolve such problems may include establishing a legal system to manage conserved remains at a level similar to designated cultural properties or seeking ways to improve management under the current system. This study focuses on areas where institutional improvement for conserved remains is possible by methods other than through the rapid transition to designated cultural properties and presents several proposals. Currently, conservation measures are divided into three categories: on-site conservation, relocation conservation, and record conservation. This study reclassifies these categories from three into four categories. On-site conservation includes only two categories: conserved remains and the newly-proposed soil-covered remains. Two remaining categories, the relocation conservation remains and the record conservation remains, are presented as classifications in which development projects are possible, and they are presented as alternative conservation types that contrast with on-site conservation. Unlike conserved remains, soil-covered conservation presented as a new category in which development projects are possible.

An Empirical Study in Relationship between Franchisor's Leadership Behavior Style and Commitment by Focusing Moderating Effect of Franchisee's Self-efficacy (가맹본부의 리더십 행동유형과 가맹사업자의 관계결속에 관한 실증적 연구 - 가맹사업자의 자기효능감의 조절효과를 중심으로 -)

  • Yang, Hoe-Chang;Lee, Young-Chul
    • Journal of Distribution Research
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    • v.15 no.1
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    • pp.49-71
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    • 2010
  • Franchise businesses in South Korea have contributed to economic growth and job creation, and its growth potential remains very high. However, despite such virtues, domestic franchise businesses face many problems such as the instability of franchisor's business structure and weak financial conditions. To solve these problems, the government enacted legislation and strengthened franchise related laws. However, the strengthening of laws regulating franchisors had many side effects that interrupted the development of the franchise business. For example, legal regulations regarding franchisors have had the effect of suppressing the franchisor's leadership activities (e.g. activities such as the ability to advocate the franchisor's policies and strategies to the franchisees, in order to facilitate change and innovation). One of the main goals of the franchise business is to build cooperation between the franchisor and the franchisee for their combined success. However, franchisees can refuse to follow the franchisor's strategies because of the current state of franchise-related law and government policy. The purpose of this study to explore the effects of franchisor's leadership style on franchisee's commitment in a franchise system. We classified leadership styles according to the path-goal theory (House & Mitchell, 1974), and it was hypothesized and tested that the four leadership styles proposed by the path-goal theory (i.e. directive, supportive, participative and achievement-oriented leadership) have different effects on franchisee's commitment. Another purpose of this study to explore the how the level of franchisee's self-efficacy influences both the franchisor's leadership style and franchisee's commitment in a franchise system. Results of the present study are expected to provide important theoretical and practical implications as to the role of franchisor's leadership style, as restricted by government regulations and the franchisee's self-efficacy, which could be needed to improve the quality of the long-term relationship between the franchisor and franchisee. Quoted by Northouse(2007), one problem regarding the investigation of leadership is that there are almost as many different definitions of leadership as there are people who have tried to define it. But despite the multitude of ways in which leadership has been conceptualized, the following components can be identified as central to the phenomenon: (a) leadership is a process, (b) leadership involves influence, (c) leadership occurs in a group context, and (d) leadership involves goal attainment. Based on these components, in this study leadership is defined as a process whereby franchisor's influences a group of franchisee' to achieve a common goal. Focusing on this definition, the path-goal theory is about how leaders motivate subordinates to accomplish designated goals. Drawing heavily from research on what motivates employees, path-goal theory first appeared in the leadership literature in the early 1970s in the works of Evans (1970), House (1971), House and Dessler (1974), and House and Mitchell (1974). The stated goal of this leadership theory is to enhance employee performance and employee satisfaction by focusing on employee motivation. In brief, path-goal theory is designed to explain how leaders can help subordinates along the path to their goals by selecting specific behaviors that are best suited to subordinates' needs and to the situation in which subordinates are working (Northouse, 2007). House & Mitchell(1974) predicted that although many different leadership behaviors could have been selected to be a part of path-goal theory, this approach has so far examined directive, supportive, participative, and achievement-oriented leadership behaviors. And they suggested that leaders may exhibit any or all of these four styles with various subordinates and in different situations. However, due to restrictive government regulations, franchisors are not in a position to change their leadership style to suit their circumstances. In addition, quoted by Northouse(2007), ssubordinate characteristics determine how a leader's behavior is interpreted by subordinates in a given work context. Many researchers have focused on subordinates' needs for affiliation, preferences for structure, desires for control, and self-perceived level of task ability. In this study, we have focused on the self-perceived level of task ability, namely, the franchisee's self-efficacy. According to Bandura (1977), self-efficacy is chiefly defined as the personal attitude of one's ability to accomplish concrete tasks. Therefore, it is not an indicator of one's actual abilities, but an opinion of the extent of how one can use that ability. Thus, the judgment of maintain franchisee's commitment depends on the situation (e.g., government regulation and policy and leadership style of franchisor) and how it affects one's ability to mobilize resources to deal with the task, so even if people possess the same ability, there may be differences in self-efficacy. Figure 1 illustrates the model investigated in this study. In this model, it was hypothesized that leadership styles would affect the franchisee's commitment, and self-efficacy would moderate the relationship between leadership style and franchisee's commitment. Theoretically, quoted by Northouse(2007), the path-goal approach suggests that leaders need to choose a leadership style that best fits the needs of subordinates and the work they are doing. According to House & Mitchell (1974), the theory predicts that a directive style of leadership is best in situations in which subordinates are dogmatic and authoritarian, the task demands are ambiguous, and the organizational rule and procedures are unclear. In these situations, franchisor's directive leadership complements the work by providing guidance and psychological structure for franchisees. For work that is structured, unsatisfying, or frustrating, path-goal theory suggests that leaders should use a supportive style. Franchisor's Supportive leadership offers a sense of human touch for franchisees engaged in mundane, mechanized activity. Franchisor's participative leadership is considered best when a task is ambiguous because participation gives greater clarity to how certain paths lead to certain goals; it helps subordinates learn what actions leads to what outcome. Furthermore, House & Mitchell(1974) predicts that achievement-oriented leadership is most effective in settings in which subordinates are required to perform ambiguous tasks. Marsh and O'Neill (1984) tested the idea that organizational members' anger and decline in performance is caused by deficiencies in their level of effort and found that self-efficacy promotes accomplishment, decreases stress and negative consequences like depression and emotional instability. Based on the extant empirical findings and theoretical reasoning, we posit positive and strong relationships between the franchisor's leadership styles and the franchisee's commitment. Furthermore, the level of franchisee's self-efficacy was thought to maintain their commitment. The questionnaires sent to participants consisted of the following measures; leadership style was assessed using a 20 item 7-point likert scale developed by Indvik (1985), self-efficacy was assessed using a 24 item 6-point likert scale developed by Bandura (1977), and commitment was assessed using a 6 item 5-point likert scale developed by Morgan & Hunt (1994). Questionnaires were distributed to Korean optical franchisees in Seoul. It took about 20 days to complete the data collection. A total number of 140 questionnaires were returned and complete data were available from 137 respondents. Results of multiple regression analyses testing the relationships between the each of the four styles of leadership shown by the franchisor as independent variables and franchisee's commitment as the dependent variable showed that the relationship between supportive leadership style and commitment ($\beta$=.13, p<.001),and the relationship between participative leadership style and commitment ($\beta$=.07, p<.001)were significant. However, when participants divided into high and low self-efficacy groups, results of multiple regression analyses showed that only the relationship between achievement-oriented leadership style and commitment ($\beta$=.14, p<.001) was significant in the high self-efficacy group. In the low self-efficacy group, the relationship between supportive leadership style and commitment ($\beta$=.17, p<.001),and the relationship between participative leadership style and commitment ($\beta$=.10, p<.001) were significant. The study focused on the franchisee's self-efficacy in order to explore the possibility that regulation, originally intended to protect the franchisee, may not be the most effective method to maintain the relationships in a franchise business. The key results of the data analysis regarding the moderating role of self-efficacy between leadership behavior style as proposed by path-goal and commitment theory were as follows. First, this study proposed that franchisor should apply the appropriate type of leadership behavior to strengthen the franchisees commitment because the results demonstrated that supportive and participative leadership styles by the franchisors have a positive influence on the franchisee's level of commitment. Second, it is desirable for franchisor to validate the franchisee's efforts, since the franchisee's characteristics such as self-efficacy had a substantial, positive effect on the franchisee's commitment as well as being a meaningful moderator between leadership and commitment. Third, the results as a whole imply that the government should provide institutional support, namely to put the franchisor in a position to clearly identify the characteristics of their franchisees and provide reasonable means to administer the franchisees to achieve the company's goal.

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