• Title/Summary/Keyword: Legal Design Methodology

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Effects of Relational and Mandatory Influence Strategies on Sales Representatives and Headquarter Trust (관계적과 강제적 영향전략이 본사 신뢰에 미치는 영향 : 영업사원 신뢰의 매개역할)

  • Lee, Chang-Ju;Lee, Phil-Soo;Lee, Yong-Ki
    • Journal of Distribution Science
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    • v.14 no.6
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    • pp.53-63
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    • 2016
  • Purpose - This study examines the effects of the influence strategies on sales representative and headquarter trust, and investigates how sales representative trust plays a mediating role in the relationship between influence strategies and headquarter trust. For these purposes, a structural model which consists of several constructs was developed. In this model, influence strategies that consist of relational influence strategies (information exchange, recommend, promise) and mandatory influence strategies (legal plea, request, threat) were proposed to affect the sales representative trust and in turn, increase the headquarter trust. Thus, this study proposed that sale representative trust plays a core mediating role in the relationship between relational and mandatory influence strategies and headquarter trust in B2B food materials distribution context. Research design, data, and methodology - For these purposes, the authors collected the data from 208 B2B specialized complex agents. We used the 2,200 B2B specialized complex agents which trade with CJ, Ottogi, and Daesang firms and supply food materials to restaurant, school cafeteria, supermarket and traditional market as a sample frame. Once we identified 330 B2B specialized complex agent owners, CEOs, and/or Directors who had agreed to participate in this study, we dropped off a questionnaire at each B2B specialized complex agent and explained the purpose of this study. The survey was conducted from October 1, 2015 to December 15, 2015. A total of 230 questionnaires were collected. Of these collected questionnaires, 28 questionnaires excluded since they had not been fully completed. The data were analyzed using frequency test, reliability test, measurement model analysis, and structural equation modeling with SPSS and SmartPLS 2. Results - First, information exchange, recommendation, and promise of relational influence strategies had positive effects on sales representative trust. The threat of mandatory influence strategies had a negative effect on sales representative trust, but legal plea and request did not have a significant effect on sales representative trust. Second, information exchange and recommendation of relational influence strategies had positive effects on headquarter trust, but promise did not. Also, legal plea, request, and threat of mandatory influence strategies did not have a significant effect on headquarter trust. Third, this findings show that sales representative trust plays a partial mediator between information exchange and headquarter trust, and threat and headquarter trust, and a full mediator between promise and headquarter trust, and recommendation and headquarter trust. Conclusions - The aim of this study was to examine the effects how diverse dimensions of relational and mandatory influence strategies relate to sales representative trust and headquarter trust. To do so, we integrated the influence strategies and the trust transfer theory to hypothesize that various influence strategies increase sales representative and headquarter trust. The findings of this study suggest that headquarter firms should establish and enforce proper influence strategies guidelines to make clear what proper actions sales representatives should implement in relationship with B2B specialized complex agents. Also, relational and mandatory influence strategies must be regarded as a long-term and ongoing strategy that eventually build a long-term orientation with B2B specialized complex agents and guarantee a company's sustainable growth and success.

Affecting Customer Loyalty by Improving Corporate Image and Customer Value through Corporate Social Responsibility Activities (기업의 사회적 책임활동을 통한 기업이미지 및 고객가치 향상이 고객충성도에 미치는 영향)

  • Kim, Jong-Ho;Hwang, Hee-Joong;Song, In-Am
    • Journal of Distribution Science
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    • v.12 no.8
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    • pp.31-42
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    • 2014
  • Purpose - Recently, a variety of activities for practicing the continuing management of domestic and foreign companies have been conducted and further, corporate social responsibility for maximizing the value of stakeholders such as customers, cooperative companies, and the local community emerges as a key business strategy. Accordingly, the issue of whether corporate image and customer value through corporate social responsibility activities positively affect customer loyalty and customer attitude is investigated in this study. Research design, data, and methodology - Corporate social responsibility activities are classified into legal and moral activities, environmental protection activities, economic activities, and community service activities; further, customer values are classified into emotional value, functional value, and social value, to determine the parameters. In addition, the strategic approach direction of social responsibility activities is justified as a strategy for effectively achieving the expected results that corporations seek by proving the effect of these parameters on customer loyalty. Results - The study results can be summarized as follows. First, legal and moral activities, environmental protection activities, economic activities, and community service activities are four types of CSR activities affecting meaningful improvements in corporate image. Second, legal and moral activities affect factors that meaningfully improve customer value, including factors such as emotional value, functional value, and social value, while environmental protection activities affect improvements in the factor of social value only. Third, corporate image affects meaningful improvements in customer value. Fourth, corporate image affects improvements in customer loyalty positively. Fifth, the three factors of customer value, that is, emotional value, functional value, and social value affect meaningful improvements in customer loyalty. Sixth, customer value acts to partly mediate the effect of companies' CSR activities on customer loyalty. As shown in the study results above, it was verified that CSR activities affect meaningful improvements in corporate image and customer value and, in turn, corporate image and customer value affect meaningful improvements in customer loyalty. In addition, it was verified that customer value acts to partly mediate the effects of companies' CSR activities on customer value. Conclusions - Accordingly, the results of this study suggests as follows. First, it was clearly verified that customers' recognition of CSR efforts has a positive effect on corporate image, customer value, and loyalty because CSR activities improve the relationships between customers and corporations by providing customers with value. Second, it was suggested that corporations implement social contribution activities strategically according to the theory that the higher the rate of CSR activities, the better the corporate image and repurchase intention would be, which is a theory verified through practical analysis. Corporations should do this by constructing positive relationships from the value perceived by customers. To summarize the study results in a brief manner, it is suggested by the results of the study that a corporation should conduct CSR more actively to make customers recognize the positive image of their products and services.

Study on Improving the System for the Revitalization and Efficient Management of the Local Commercial Area (지역상권 활성화 및 효율적 관리를 위한 제도 개선방안 연구)

  • Kim, Seung-Hee;Kim, Young-Ki
    • Journal of Distribution Science
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    • v.11 no.5
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    • pp.55-62
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    • 2013
  • Purpose - This study aims to determine the problems and limitations of the Commercial Area Activation System, which was created by a special law for promoting traditional markets and shopping districts to revitalize and efficiently manage the central commercial area in different regions. We also suggest different options for its improvement. Research design, data, and methodology - We also look into the problems of which is being promoted as a demonstration project, from the aspects of legal text and guidelines. Results - The current commercial area activation system has several problems. First, the establishment of a comprehensive basic plan on the commercial area activation is not a requirement. Second, the benefit principle should be established to prevent the moral laxity of merchants who serve important roles in the main components of the commercial area activation business when they conduct their business. Third, the current special law constrains the commercial management organization, as under the civil law yields a limitation on finding a profitable business model. Fourth, to efficiently, constructing a system that links the other central government businesses and is needed. into a regional development budget or a budget for funding small businesses that the central government can control, which is effective. Further, we offer some suggestions for medium- and long-term policies. First, an integrated coordination mechanism at the central office level should be installed while setting the basic policy to revitalize the Based on this policy, local governments need a system that exclusively based on the after establishing a comprehensive plan for urban regeneration and getting approval from the integration organization. Second, a system that enables an understanding of the problems with business promotion by monitoring the procedure of supporting projects and regularly assessing business achievements is needed. Third, a plan is needed for resolving conflicts between various interested parties that adopts the commercial area activation system for carrying out a total redevelopment of the commercial area where small shops are densely located. A market maintenance project has been conducted as a means to recover our traditional market, which was economically depressed, and to revive the local economy, but it is mostly conducted in the form of reconstruction or redevelopment and represents the interests of landowners and merchants. Thus, it is most likely to lead to a gradual disappearance of traditional markets. Conclusions - This study looks primarily into the problems that appeared in the legal text or the guidelines regarding the direction of improvement of the commercial area activation business that has been going on as a demonstration project since 2011 and suggests some solutions.

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Mega Sport Event and Social Capital: A Host Community Perspective Comparison in Korea and the US through Social Conflict Theory (메가스포츠이벤트와 사회적 자본의 역할: 갈등이론을 중심으로 한 한국과 미국의 이벤트 유치지역사회의 관점 비교에 대한 연구)

  • Park, Seong-Hee;Cottingham, Michael;Seo, Won-Jae
    • The Journal of Industrial Distribution & Business
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    • v.9 no.9
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    • pp.63-74
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    • 2018
  • Purpose - The current study is to compare the cognition of stakeholders on hosting a mega sports event between Korea and the United States. In particular, to understand their cognition and perceptual conflict towards hosting a mega sports event, the study employed conflict theory. Furthermore, the study reviewed the role of social capital in the process of managing the mega sports events. Research Design, Data, and Methodology - Of homogeneous sampling, purposeful sampling method and criterion-based selection approach were used to collect interview data from key stakeholders who have been involved in hosting a mega sports events in Korea and the United States. In-depth interview transcripts were reviewed multiple tiems after transcription to extract concepts and meanings that were pertinenet to the experience involving hosting a mega sports event. Further member checks was conducted to increase the credibility of the results. Results - Results can be summarized as followed: First, stakeholders of Korea have a strong desire for positive economic effects of a mega sports event, compared to those in the United States who are more concerned in enhancing the public interests and concerns. Second, in Korea, various socio-political issues emerged at the same time and conflicts among multiple stakeholders have aggravated the situations to coordinate the issues. This was because legal system supporting socio-trust has not been established. On the other hand, major stakeholders of the United States consisted of community members who have socio-trust and networks. Thereby these social resources have been found playing a key role in building social capital that assists the stakeholders to coordinate the current issues and to solve them. Conclusions - The current study analyzed the cognition and perceptual conflict of stakehoders in a mega sports event. Social capital has beend found as a key catalyst to increase a network and cooperation among stakeholders. In order to enhance social capital in managing a mega sports event hosted in Korea, legal systems that establish networks and relationships among the related stakeholders need to be developed. Furthermore, the systematic guideline needs to be developed, organizing the sub-committees according to the types of stakeholders and the categorized common needs.

Korea's Free Economic Zone as an Economic Development Strategy and Operational System (경제발전전략으로서 한국의 경제자유구역과 운영체계에 관한 연구)

  • Koh, Eui-Hyeon
    • Journal of Distribution Science
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    • v.12 no.9
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    • pp.113-123
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    • 2014
  • Purpose - After Korea's Free Economic Zone (FEZ) system was launched in 2003, there have been many debates about upgrading it and its support systems. However, as of 2013, there were insufficient results. Further, upon the designation of the East Coast and Chungbuk as official FEZs from February 4, 2013 by the 56th the Commission, there is a concern that many people are in the area designated as FEZ 8. This study investigates Korea's new FEZ system as part of Korea's primary new economic development policy in the 21st century. Therefore, this study examines views on the weaknesses of the past ten years of FEZs so that Korea can expand its FEZ system. Research design, data, and methodology -Many countries have considered the FEZ as an economic special zone. By reviewing previous research models, this study provides an update using recent data and materials, until 2013, from the Center of Free Economic Zones. In previous studies, the lack of support systems was attributed to proposals to ensure operational autonomy and differentiation of each FEZ; however, the main cause cannot be solved through regulatory issues, as difficulties caused by the operational system are responsible for the problems. We wish to analyze the FEZ, specifically the operational system; this is the main issue of this study. Results - After the first FEZs were established, it became necessary to have basic plans, as investment results in 2013 compared to the same period this year led to lower earnings in the first half of 2014. We propose an improvement of the operational system because in the free economic zones, the operational system is the root cause of the underlying problem. The results of this research are as follows. The weak management of the FEZ system is influenced by weak investment, delayed development, foreigners' living facilities, benefits of foreign investments, the control tower's policy making decision process, quickness of the process of satisfying legal requirements, and support For the independence of FEZs. Conclusion - Local governments do not have legal rights over FEZ deregulation and investment industries. This study suggests that the local government should have more independence from the central government. Moreover, independent management committees are more effective for ensuring public rights, better employee responsibilities, and better-qualified personnel. The FEZ committee struggles to effectively manage the locations of FEZs, foreign investments, and related facilities under the control of the Ministry of Trade, Industry and Energy. Thus, the FEZ committee should be under either the Prime Minister's office or the Presidential committee, to control and effectively coordinate between the local and central governments. If the problem clearly applies to the operational system in 2013, it is necessary to provide materials and methods so that the results of the first half of 2014 can be computed despite the data limits and lack of resources, and the data can be analyzed in a more diachronic thesis.

A Comparative Study on Marine Transport Contract and Marine Insurance Contract with Reference to Unseaworthiness

  • Pak, Jee-Moon
    • Journal of Korea Trade
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    • v.25 no.2
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    • pp.152-177
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    • 2021
  • Purpose - This study analyses the excepted requirement and burden of proof of the carrier due to unseaworthiness through comparison between the marine transport contract and marine insurance contract. Design/methodology - This study uses the legal analytical normative approach. The juridical approach involves reviewing and examining theories, concepts, legal doctrines and legislation that are related to the problems. In this study a literature analysis using academic literature and internet data is conducted. Findings - The burden of proof in case of seaworthiness should be based on presumed fault, not proved fault. The burden of proving unseaworthiness/seaworthiness should shift to the carrier, and should be exercised before seeking the protections of the law or carriage contract. In other words, the insurer cannot escape coverage for unfitness of a vessel which arises while the vessel is at sea, which the assured could not have prevented in the exercise of due diligence. The insurer bears the burden of proving unseaworthiness. The warranty of seaworthiness is implied in hull, but not protection and indemnity policies. The 2015 Act repeals ss. 33(3) and 34 of MIA 1906. Otherwise the provisions of the MIA 1906 remain in force, including the definition of a promissory warranty and the recognition of implied warranties. There is less clarity about the position when the source of the loss occurs before the breach of warranty but the actual loss is suffered after the breach. Nonetheless, by s.10(2) of the 2015 Act the insurer appears not to be liable for any loss occurring after the breach of warranty and before there has been a remedy. Originality/value - When unseaworthiness is identified after the sailing of the vessel, mere acceptance of the ship does not mean the party waives any claims for damages or the right to terminate the contract, provided that failure to comply with the contractual obligations is of critical importance. The burden of proof with regards to loss of damage to a cargo caused by unseaworthiness is regulated by the applicable law. For instance, under the common law, if the cargo claimant alleges that the loss or damage has been caused by unseaworthiness, then he has the burden of proof to establish the followings: (i) that the vessel was unseaworthy at the beginning of the voyage; and that, (ii) that the loss or damage has been caused by such unseaworthiness. In other words, if the warranty of seaworthiness at the inception of the voyage is breached, the breach voids the policy if the ship owner had prior knowledge of the unseaworthy condition. By contrast, knowingly permitting the vessel to break ground in an unseaworthy condition denies liability only for loss or damage proximately caused by the unseaworthiness. Such a breach does not, therefore, void the entire policy, but only serves to exonerate the insurer for loss or damage proximately caused by the unseaworthy condition.

Compliance of Electronic Bill of Lading Regulation in Korea with Model Law on Electronic Transferable Records

  • Choi, Seok-Beom
    • Journal of Korea Trade
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    • v.23 no.3
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    • pp.68-83
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    • 2019
  • Purpose - The UNCITRAL Model Law on Electronic Transferable Records (Model Law) is based on the principles of non-discrimination against the use of electronic means, functional equivalence, and technology neutrality underpinning all UNCITRAL texts on electronic commerce. Investigating the disagreements between the Model Law and the Koran Commercial Act (KC Act), including the B/L Regulation, and suggesting the revision of the KC Act including the B/L Regulation, could be a valuable study. The purpose of this paper is to contribute to the harmonization of Korean legislation regarding electronic bill of lading in compliance with the Model Law. Design/methodology - The Model Law is flexible to accommodate the use of all technologies and models, such as registries, tokens, and distributed ledgers: that is, blockchain. In 2007, the KC Act was revised to regulate electronic bills of lading to promote the widespread legal use of electronic bills of lading. In addition, The Regulation on Implementation of the Provisions of the Commercial Act Regarding Electronic Bills of Lading (the B/L Regulation) was enacted to regulate the detailed procedures in using electronic bills of lading in 2008. This paper employs a legal analysis by which this paper does find differences between two rules in light of technology neutrality and global standard of electronic bills of lading model. Findings - The main findings are as follows: i) the Korean registry agency has characteristics of a closed system. ii) The KC Act has no provision regarding control. iii) The KC Act discriminates other electronic bills of lading on the ground that it was issued or used abroad. Moreover, this study does comprehensive analysis of Korean Acts in comparison with the Model Law and, in particular, this study analyzes the differences between the KC Act and the Model Law by comparing article by article in view of the harmonization of the two rules. Originality/value - The subject of previous several studies was draft provisions on Electronic Transferable Records before completion of the Model Law; thus, these studies did not take into consideration the character of the Model Law as the Model Law was chosen at the final stage of legislation. This study is aimed at the final version of the Model Law. So, this study is meaningful by finding the suggestion and directions for the Korean government to revise the KC Act and the B/L Regulation in line with the Model Law.

Comparative Study of the Requirements for the Buyer's Right to Require Delivery of Substitute Goods under the CISG and the Korean Civil Act

  • Lee, Yoon
    • Journal of Korea Trade
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    • v.26 no.1
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    • pp.81-98
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    • 2022
  • Purpose - This study aims to compare the requirements under the United Nations Convention on Contract for the International Sales of Goods (CISG) and the Korean Civil Act (KCA) regarding the buyer's right to require the delivery of substitute goods. The buyer's right to demand substitute delivery not only protect them from the seller's breach of contract but also preserves the contractual bond between the parties by providing an opportunity for sellers to protect their goodwill and circumvent the extreme remedy of avoidance. However, as substitute delivery entails additional efforts and costs for return and re-shipment, this right should not be allowed in every case of defect. Additionally, unlike the CISG, the KCA contains no specific provision related to the requirements for claiming substitute delivery. Therefore, it would be meaningful to examine and compare what requirements should be fulfilled before the buyer exercises the right in relation to non-conforming goods under the CISG and the KCA. Design/methodology - We conducted a comparative study of the requirements under the CISG and the KCA regarding the buyer's right to require delivery of substitute goods given a seller's delivery of non-conforming goods. Additionally, we referred to the opinions from the CISG Advisory Council, the draft of the KCA amendment, and related precedents, mainly focusing on the existence and severity of defects, reasonableness, and timely notice and requests as the major requirements for substitute delivery. Findings - The results of this study can be summarized as follows: First, the CISG provides more detailed requirements about the right to require delivery of substitute goods; by contrast, the KCA does not stipulate any such requirement. Thus, specific requirements for substitute delivery should be included when amending the KCA. Second, the CISG attempts to minimize overlapping and conflict with other remedies by specifying detailed requirements for the delivery of substitutes. Third, both the CISG and KCA require reasonableness for substitute delivery. Originality/value - Although there are no explicit legal requirements for substitute delivery under the KCA, there has been relatively little discussion of this issue to date. Therefore, the findings of our study can guide future revisions of the KCA to fill this loophole. Moreover, the recently released CISG Advisory Council opinion that clarifies the continuing confusion and debate, can help distinguish which remedy is suitable for a particular case. It may provide practical advice for businesspeople in international trade as well as legal implications for the future development of the KCA.

The Structural Relationships among Information Security Threat Factors and Information Protection Behavior of the FinTech Services: Focus on Theoretical Perspectives of Technology Threat Avoidance and Health Protective Behaviors (핀테크(FinTech) 서비스의 정보보안 위협요인과 개인정보보호행위와의 구조적 관계에 관한 연구: 기술위협회피와 건강행동이론 관점에서)

  • Bae, Jae Kwon
    • The Journal of Information Systems
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    • v.26 no.3
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    • pp.313-337
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    • 2017
  • Purpose Financial technology, also known as FinTech, is conceptually defined as a new type of financial service which is combined with information technology and other traditional financial services like payments, investments, financing, insurance, asset management and so on. Most of the studies on FinTech services have been conducted from the viewpoint of technical issues or legal and institutional studies, and few studies are conducted from the health belief perspectives and security behavior approaches. In this regard, this study suggest an extended information protection behavior model. Design/Methodology/Approach The Health Belief Model (HBM), the Protection Motivation Theory (PMT), and the Technology Threat Avoidance Theory (TTAT) were employed to identify constructs relevant to information protection behavior of FinTech services. A new extended information protection behavior model in which the influence factors of information protection behavior (i.e., perceived susceptibility, perceived severity, perceived benefits, perceived barriers, perceived self-efficacy, subjective norms) affect perceived threats and perceived responsiveness positively, leading to information protection behavior of FinTech users eventually. This study developed an extended information protection behavior model to explain the protection behavior intention in FinTech users and collected 272 survey responses from the mobile users who had experiences with such mobile payments and FinTech services. Findings The finding of this study suggests that the influence factors of information protection behavior affect perceived threats and perceived responsiveness positively, and information protection behavior of FinTech users as well.

A Study on Win-Win Cooperation between Agriculture and Corporations: Focusing on Distribution Cooperation (농업-기업 간 상생협력 구축 전략에 대한 연구: 유통협력형을 중심으로)

  • Park, Seong-Jin;Heo, Seong-Yoon;Choi, Jong-Woo
    • Journal of Distribution Science
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    • v.14 no.10
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    • pp.137-146
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    • 2016
  • Purpose - Korean agriculture is facing internal and external environmental changes and the need for secure stable outlets. Active participation and mutually beneficial cooperation between enterprises and agricultural is necessary for a win-win situation. This study investigates the case for distribution cooperation and a cooperative system. To respond to the diverse needs of consumers and market reclamation, there is a need to analyze and categorize distribution cooperation. Research design, data, and methodology - A literature study, relevant interviews with enterprises, and meetings with local government practices were conducted. A survey frame was derived through the participation of agricultural enterprises and distribution cooperation models were categorized identifying win-win cooperation and best practices. It was organized on the basis of six best practice examples of distribution cooperation between industry and agricultural sectors, divided into three types: opening distribution channels, exporting cooperation, and developing new products. Results - An innovation management system that can adapt to environmental changes and problems of agriculture is necessary. A company has to supply high-quality agricultural products reliably to meet the preferences of consumers by introducing products that promote domestic market differentiation. In addition, consumers are choosing a variety of products that may include not only high quality products but also local products and safe products. The main areas of cooperation are the direct provision of agrifood raw materials to consumers. Next, would be to help agricultural sectors distribute and pioneer international markets. The ideal step for distribution cooperation is the joint investment in new products by business and agriculture. Conclusions - Agriculture and win-win cooperation with enterprises is in an early stage of social contribution. To implement a distribution cooperation model between business and agricultural sectors, it is crucial to establish a structured support system including joint councils. Additional requirements include strengthening agricultural capacities, creating a legal basis for provision, and producing a win-win cooperation environment. The promotion of win-win cooperation and agricultural enterprises needs to exist in various forms in order to establish a different type of incentive system.