• Journal of Korea Trade
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• v.24 no.6
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• pp.19-36
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• 2020

Purpose - This paper analyzes how to interpret the legal view of the precedents to the UK Insurance Act 2015, comparing it to the UK Marine Insurance Act (MIA) 1906 with a focus on the relationship between the duty of uberrimae fidei and the duty of disclosure. Furthermore, this study focuses on the judgment of the Korean Supreme Court in a case, that examined whether the legal nature of the duty of disclosure or duty of uberrimae fidei in insurance law can be considered as a matter related to the insurer's liability when the applicable terms of English law are incorporated under the insurance contract. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The approach that is used toward this problem is the legal analytical normative approach. The juridical approach involves studying and examining theories, concepts, legal doctrines and legislation that are related to the problem. Findings - Regarding the requirements and effects of breach of the duty of disclosure, if English law and the Korean Commercial Act are handled differently from each other and Korean law is recognized as the applicable law outside of the insurer's liability, it may be whether the insurer's immunity under English law is contrary to s.633 of the Korean Commercial Act. In considering the breach of the duty of disclosure as a matter of the insurer's liability, even if English law is applied as a governing law, the question of how to interpret the agreement of the governing law in this case may also be raised in the interpretation of Korean International Private Law in relation to the applicable law that applies to the rest of the matter, excluding the matters of liability. Originality/value - According to the Korean Supreme Court judgement under the governing law of the MIA 1906, the basis for recognizing the assured's pre-and post-contractual duty of disclosure is separate, and the only important matters to be notified by the assured after the conclusion of the insurance contract are those that are "relevant" and "material circumstances" that are "relevant" to the matter in question after the conclusion of the insurance contract.

• New & Renewable Energy
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• v.19 no.3
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• pp.22-33
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• 2023

The number of fire and explosion accidents caused by pyrolysis oil and gas at waste plastic pyrolysis plants is increasing, but accident status and safety conditions have not been clearly identified. Therefore, the aim of the study was to identify the risks of the waste plastic pyrolysis process and suggest appropriate safety management measures. We collected information on 19 cases of fire and explosion accidents that occurred between 2010 and 2021 at 26 waste plastic pyrolysis plants using the Korea Occupational Safety and Health Agency (KOSHA) database and media reports. The mechanical, managerial, personnel-related, and environmental problems within a plant and problems related to government agencies and the design, manufacturing, and installation companies involved with pyrolysis equipment were analyzed using the 4Ms of Machines, Management, Man, and Media, as well as the System-Theoretic Accident Model and Processes (STAMP) methodology for seven accident cases with accident investigation reports. Study findings indicate the need for establishing legal and institutional support measures for waste plastic pyrolysis plants in order to prevent fire and explosion accidents in the pyrolysis process. In addition, ensuring safety from the design and manufacturing stages of facilities is essential, as are measures that ensure systematic operations after the installation of safety devices.

• Journal of Distribution Science
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• v.12 no.9
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• pp.101-112
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• 2014

Purpose - Recently, although corporate social responsibility activities have been increasing in size, they do not have to achieve qualitative improvements and can be passive and cost consuming. Therefore, companies should make quantitative as well as qualitative improvements in their efforts in corporate social responsibility activities. In this study, the classification of social responsibility activities in a variety of studies was analyzed through a more specific path than in previous studies. Corporate behavior image, social behavior image, and corporate contributions image were analyzed through a more detailed analysis of performance. This study suggests that more detailed and concentrated social responsibility activities be pursued by forming companies. Research design, data, and methodology - The purpose of study is to gauge the corporate need for a more intensive, specific area of CSR activities. For this purpose, the sample of consumers that were targeted for CSR activities, recognized as 261 persons, have been investigated. Through a theoretical discussion on previous research, nine hypotheses were established on corporate image, the influence of corporate performance on CSR, and the CSV regulation effect. In order to test the hypothesis, a survey was conducted on 261 male and female consumers who were targeted for CSR, being persons in their 20s to 40s. PASW Statistics 18.0 and AMOS 18.0 were used for statistical analysis. Results - Corporate behavior image was formed through legal responsibility activities and economic responsibility activities. In addition to economic responsibilities, ethical responsibilities and environmental responsibilities were confirmed to have influence on social behavior image. Corporate social responsibility and philanthropic responsibility were confirmed to have influence on economic contribution image. Corporate image has positive effects on brand attitude, corporate reputation, and corporate competition. In addition, when CSV awareness is high, consumers perceive corporate image only through economic responsibility. However, when CSV awareness is low, economic responsibility as well as legal responsibility through charitable activities form the corporate image that influences the brand attitude and corporate reputation, as well as corporate competitiveness. It would appear that the area of corporate social responsibility needs more intensive management for corporate image and corporate competitive advantage. Conclusion - First, the findings of this study show that each CSR activity has a different effect on corporate image and thus, the corporate image influences corporate performance in distinct ways, depending on the CSR activity. This implies that reactive strategies should be tailored to the required image. Second, there is a difference in CSV awareness between groups. When the CSV awareness is low, we can confirm that legal responsibility activities have an especially significant effect on corporate image, implying that corporations should pursue their economic objectives within legal regulations and need to invest significant time and effort for this. This study has limited generalization potential because the result of the model fit has insufficient reference value. In future research, we need to approach various dimensions of corporate performance.

• Journal of Climate Change Research
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• v.9 no.4
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• pp.471-485
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• 2018

The Republic of Korea (ROK) has made many efforts to reduce greenhouse gases through a legal framework, making obligations to reach domestic and overseas targets via the Paris Convention in 2015. China recently launched a nation-wide emission trading system (ETS) and has considered extending this ETS to include the ROK. This study examines the possibility of linking the ETS between ROK and China by considering the institutional design elements of the ETS. Additionally, this study provides policy implications to reach Korea's overseas reduction target. For the research methodology, the design elements of both the ROK and China policies were analyzed by categorizing their standard design elements based on the International Carbon Action Partnership. This paper focuses on four main barriers (cap type, borrowing, offset and price ceiling) based on their environmental benefits and analyzes the challenges to combining the design elements between the ROK and China systems. The two ETS commonly share the same cap types, and there is similar institutional progress regarding the offset and price ceiling. In addition to this, note that China has a borrowing system that is opposite to the borrowing system in ROK. According to these findings, there are major challenges to linking the ROK and China systems due to differences in the major design elements. Thus, it is necessary to modify the Korean domestic borrowing system and understand the Chinese institutional processes related to environmental negotiation to achieve further cooperation.

• The Korean Journal of Franchise Management
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• v.13 no.4
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• pp.23-37
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• 2022

Purpose: The Korean franchise market has undergone drastic growth in recent years. Followed by expansion of franchise business types, relevant legal matters have diversified. Compared to conventional economic laws that focused on resolving problems related to unfair transactions between franchisors and franchisees, more diverse labor laws have emerged recently due to governance and economic dependencies of franchise structure. However, it was found that the business environment of franchisees and working conditions of franchisee employees have not changed accordingly due to the unique structure of franchise business. Though franchisees are entrepreneurs independent from franchisors, they are still under franchising contract with the franchisors. For instance, employees of franchisees have been exposed to malpractices in regard to pay, time, and other working conditions. These malpractices may show the ineffectiveness of current labor laws. Labor management is an important issue for sustainability of franchise businesses. Negative publicity of franchises generated from violating relevant labor laws may have significant negative impact on overall image of franchised brands. However, franchisors should not hold franchisees fully responsible for legal violations in terms of labor management but strive to prevent relevant risks. Thus, the recent amendment in labor law related to increased minimum wage and reduced worktime have called for more attention to effectively implementing the law. Research design, data, and methodology: This study was conducted through a review of franchise-related laws and various institutions and policies. Results: It is further needed for all parties, including franchisors, franchisees, and franchisee employees, to take collaborative actions to improve working conditions of franchisees. Therefore, this study aims to propose appropriate and effective response plans toward recent changes in the Minimum Wage Act, while strengthening sustainability of franchisors, franchisees, and their employees. Conclusions: The proposal mainly contains plans regarding profit-related aids and profit sharing/cost reduction strategies for franchisees, as well as collective bargaining in the franchisor-franchisee relation. More detailed suggestions are included. Conclusions: This proposal may help franchisors and policymakers develop business plans and policies in improving business conditions of franchisees and working conditions of franchisee employees.

• Journal of Distribution Science
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• v.13 no.10
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• pp.123-133
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• 2015

Purpose - The Korean government has devised intermodal transportation policies and granted subsidies to shippers and logistics companies that made a conversion of transportation means through the policies. This provides support by expanding the complex uniform railroad transportation and overhauling the deteriorated railroad facilities. As for 2013, however, the freight transportation percentage of railroad was 4.5% in tons and 8.5% in ton kilometers. Meanwhile, since the 1990s, developed countries such as the U.S. and Europe have been trying to expand intermodal freight transport with a legal and institutional support to build a logistics system corresponding with social and economic environmental changes. In this study, I set out to examine the effects of the intermodal freight transport policies in the EU and the U.S., and to explore the direction of setting up a rail intermodal transport system in South Korea. Research design, data, and methodology - The paper used a qualitative research methodology through the literature review. First, was an overview of Intermodal transportation in the EU, U.S. and UN. Second, it describes the development of transport in Europe and the U.S. with particular emphasis on intermodal freight transport. Third, it explores the direction of setting up a intermodal freight transport in South Korea. The last section contains concluding remarks. Results - As for the EU, it has been promoting integration between transport and intermodal logistics network designs while utilizing ITS or ICT and supports for rail freight intermodal by giving reduction to a facilities fee or subsidizing for rail freight in order to minimize the cost of external due to freight transport. On the other hand, as for the U.S., it has been made up of an industrial-led operating project and has been promoting it to improve accessibility between intermodal hubs and cargo terminals through intermodal corridor program, and an intermodal cargo hub access corridor projects, etc. Moreover, it has tried to construct intermodal transport system using ITS or ICT and to remove Barrier. As a result, in these countries, the proportion of intermodal freight transport is going to be the second significant transport compared with rail and maritime transport. An Effective rail intermodal transport system is needed in South Korea, as seen in the case of these countries. In order to achieve this object, the following points are required to establish radical infrastructure policy; diversify investment financing measures taken under public-private partnerships, legal responsibilities, improvement of utilization of existing facilities to connect the railway terminal and truck terminal, and enhancement service competitiveness through providing cargo tracking and security information that combines the ITS and ICT. Conclusions - This study will be used as a basis for policy and support for intermodal freight transport in South Korea. In the future, it is also necessary to examine from the perspective of the shipper companies using the rail intermodal transport, ie, recognition of shipper, needed institutional supports, and transportation demand forecasting and cost-effective analysis of the railway infrastructure systems improvement.

• Journal of Korea Trade
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• v.24 no.8
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• pp.171-188
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• 2020

Purpose - This is an exploratory study that aims to apply text mining techniques, which computationally extracts words from the large-scale text data, to legal documents to quantify trade claim contents and enables statistical analysis. Design/methodology - This is designed to verify the validity of the application of text mining techniques as a quantitative methodology for trade claim studies, that have relied mainly on a qualitative approach. The subjects are 81 cases of arbitration and court judgments from China published on the website of the UNCITRAL where the CISG was applied. Validation is performed by comparing the manually analyzed result with the automatically analyzed result. The manual analysis result is the cluster analysis wherein the researcher reads and codes the case. The automatic analysis result is an analysis applying text mining techniques to the result of the cluster analysis. Topic modeling and semantic network analysis are applied for the statistical approach. Findings - Results show that the results of cluster analysis and text mining results are consistent with each other and the internal validity is confirmed. And the degree centrality of words that play a key role in the topic is high as the between centrality of words that are useful for grasping the topic and the eigenvector centrality of the important words in the topic is high. This indicates that text mining techniques can be applied to research on content analysis of trade claims for statistical analysis. Originality/value - Firstly, the validity of the text mining technique in the study of trade claim cases is confirmed. Prior studies on trade claims have relied on traditional approach. Secondly, this study has an originality in that it is an attempt to quantitatively study the trade claim cases, whereas prior trade claim cases were mainly studied via qualitative methods. Lastly, this study shows that the use of the text mining can lower the barrier for acquiring information from a large amount of digitalized text.

• Journal of Distribution Science
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• v.21 no.12
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• pp.1-13
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• 2023

Purpose: the study aims to examine the impact of ICT on the formation of digital hubs in regions of Kazakhstan, specifically the influence of ICT costs on the level of innovation activity of enterprises, the number of its actors as legal entities by size and region, small and medium enterprises, universities and research and development organisations. Research design, data and methodology: the research methodology is based on the collection of secondary data from the official statistical yearbooks of the Bureau of National Statistics of the Republic of Kazakhstan and the use of quantitative methods, in particular, correlation analysis and multiple regression. Five indicators related to the formation of digital hubs in the regions of the country were selected. Results: the study revealed that ICT spending has an impact on the formation of digital hubs in regions, in particular on the development of the number of legitimate enterprises, SMEs and R&D organisations as actors in digital hubs. A positive dynamic in the growth of the number of actors is visible. However, the hypotheses on the impact of ICT costs on the number of universities and the level of innovation activity were not supported. Conclusions: based on the results of the study, recommendations such as government proposals on strategy development, funding projects of innovation and digital hubs, and business proposals on engaging local entities in digital transformation for the formation of digital hubs in the country's regions have been developed.

• Journal of Distribution Science
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• v.15 no.8
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• pp.29-36
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• 2017

Purpose - This paper proposes some ideas with a view to reducing any possible accidents caused by unlicensed drivers and an illegal use of other's name, particularly by teenagers in consideration of easy and simple instruction on smartphone with very weak and mere consciousness on auto life. Research design, data, and methodology - This study analyzes some accident cases between cargo trucks and rental cars in South Korea, and unlicensed vehicle with unlicensed drivers who use rental cars collided with cargo trucks which were loaded a lot of goods to be delivered to buyer designated. In order to fulfill this research, a case study accompanied with literature survey was conducted. Ideal suggestion for the right growth on rental car industry will be realized by legislation of the law. Results - This paper classified bodily injury of the victim, property damage and damaged cargo arising out of the unlicensed who is driving on car sharing service in South Korea. Conclusions - For the purpose of reducing cargo accidents caused by unlicensed drivers and an illegal use of other's name particularly by teenagers, this paper proposes some ideas of Amendment of the law, Paradigm shift of car sharing company, Preparation by association side and Technical Complementary Measures in South Korea.

• The Journal of Industrial Distribution & Business
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• v.7 no.2
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• pp.21-24
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• 2016

Purpose - The purpose of this paper is to review, analyze and identify the suitability of Kazakh gender policy for the changes taken place in the society with suggesting necessary changes. Research design, data, and methodology - After meticulous reviews of germane literature, the researchers applied an analytical approach which focuses on analyzing the Kazakh's gender policy and its issuance guidelines based on the present requirement in the society. Even though the policy has introduced with astonishing prudence, present-day living trends in society require imperatively some notable modifications which protect the rights of women and minority sections of the society. Results - Through this gender policy, government has proffered required legal, financial and preferential support country's women to participate in the management and legislation of the country. Kazakh gender policy requires upgradations which flawlessly support women in the lifestyles of the feminine community. Conclusions - In achieving gender equality in the economy as a priority area, Kazakh government monitoring persistently and closely the changing trends of women and their requirements which introduce necessary modifications to the existing gender policy of the country with the cooperation of international organization.