• Title/Summary/Keyword: Mediation in Korea

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Franchise Transaction Contracts and Resolution of the Related Disputes (가맹사업거래 계약과 분쟁해결)

  • Cho Tae-Hyon
    • Journal of Arbitration Studies
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    • v.14 no.2
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    • pp.173-198
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    • 2004
  • Recently in Korea, franchise system has been specially used in the distribution industry. However, it also brought up many problems caused by various issues between franchisor and franchisee. The purpose of this article is to review recent trend of the franchise transaction contracts and resolution of the disputes in Korea. And to expand to use of ADR(Alternative Dispute Resolution) system as a practical dispute settlement procedure including mediation and arbitration. Arbitration means a procedure to settle any dispute in private laws, not by the adjudication of a court, but by the award of an arbitrator or arbitrators, as agreed by the parties. Arbitration agreement is a prerequisite for either party to a dispute to commence arbitral proceeding and may be in the form of a separate agreement or in the form of an arbitration clause in a contract and shall be in writing.

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A Study on the Ways to expand ADR System As a Method of International Trade Dispute Resolution (무역분쟁(貿易紛爭)의 해결수단(解決手段)으로서 ADR활성화(活性化) 방안(方案)에 관한 연구(硏究))

  • Shin, Koon-Jae
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.20
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    • pp.343-365
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    • 2003
  • Dispute plays a key role in maintaining the desirable performance of trade transaction. In an effort to stay competitive in a global marketplace, the Korean companies need to become more aware of alternatives to costly and time-consuming litigation. Korean companies, therefore, should be more concerned with ADR(Alternative Dispute Resolution) system and should utilize ADR to settle their disputes effectively and efficiently. ADR encompasses all process of dispute resolution as a substitute for the traditional litigation. Generally, three kinds of ADR are available in Korea: Negotiation, mediation, and arbitration. This article investigates reasons why ADR isn't used well in Korea and suggests ways how ADR can work best in international trade disputes. To expand ADR system in international trade disputes, it is very important for both the company and the scholar to recognize the concept and usefulness of ADR system. The Korean Commercial Arbitration Board also must help both Korean companies and scholars recognize the mechanism of dispute resolution and utilize ADR system in international trade disputes.

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The Relationship between Aging Anxiety and Psychological Well-Being in Mid-life Adults: The Moderated Mediation Effect of Cognitive Flexibility and Subjective Economic Status (중년의 노화불안과 심리적 안녕감의 관계: 인지적 유연성과 주관적 경제수준의 조절된 매개효과)

  • Yang, Ok-Ji;Lee, Su-Lim
    • The Journal of the Korea Contents Association
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    • v.20 no.7
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    • pp.491-502
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    • 2020
  • This study was aimed to verify moderated mediation effect between cognitive-flexibility and subjective economic status in the process that aging anxiety have an effect on psychological well-being. For this, online survey was conducted to 317(M:159, F:158) adults who ranged from 40 to 64 years old. Survey was conducted from 2017.9.3. to 9.28. Correlation analysis, regression analysis, and significant test was done through SPSS 21.0 and SPSS Macro. First, the analysis showed that meaningful correlation was found among aging anxiety, cognitive flexibility, subjective economic status and psychological well-being. Secondly, cognitive flexibility was found to have meaningful partial mediation effect(β = .530, p < .001) in the relationship between aging anxiety and psychological well-being. Thirdly, subjective economic status was found to have a meaningful moderation effect(β = .080, 𝜟R2=.006, p <.05) in the relationship between cognitive flexibility and psychological well-being. Fourthly, verification result by SPSS Macro showed that, mediation effect of cognitive flexibility and subjective economic status was existent in the relationship of aging anxiety and psychological well-being. Lastly, implications and limitations of this study and suggestions for future studies were discussed.

Moderated Mediation effect of Parenting Behaviors on the Relation between Deviant Peer's Influences and Delinquency in Adolescence (청소년 비행행동에 대한 부모양육행동과 비행친구집단간의 조절된 매개효과)

  • Lee, Sang-Gyun
    • Journal of the Korean Society of Child Welfare
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    • no.27
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    • pp.121-151
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    • 2008
  • The purpose of this study is to examine the moderated mediation effects of parenting functioning on the relations between deviant peer's influences and delinquent behaviors in adolescence. To investigate the moderated mediation effects, simple slope test and bootstrapping method based on multiple linear regression(MLR) model were used. This study used data from wave 1-2(2003-2004) of the Korea Youth Panel Survey(KYPS). Results showed that poorer parenting increased the probability that adolescents would affiliated with deviant peers, and more association with deviant peers, in turn, was related to delinquency. There was statistical significant interaction between affiliation with deviant peers and parenting in the model for delinquency. It implied that the relation between deviant peers and delinquency depends on the quality of parenting. Finally, indirect effect of earlier parenting on delinquent behavior through affiliation with deviant peers was moderated by later parenting. These results help clarify the conditions under which exposure to parenting behaviors can buffer the negative effect of deviant best friends on delinquent behaviors in adolescence. Practice and policy implications as well as further research topic were discussed to aid the search for highly effective preventive and treatment interventions.

Accounting Knowledge as a Contributing Intention on Improving Public Accounting Profession

  • ALIMBUDIONO, Ria Sandra
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.9
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    • pp.801-809
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    • 2020
  • Public accountant profile dominated by over-50-year-old people appears to be alarming. The intention towards this profession had better be fostered immediately; therefore, the predictors to boost the intention need to be known. The study examines the influence of accounting knowledge toward the intention to work as public accountant using the Theory of Planned Behavior approach. A survey of 146 students revealed that there was a significantly positive influence of accounting knowledge toward the intention of becoming public accountant, both directly and indirectly, through the mediation of attitudes and perceived behavioral control. Subjective norms did not function as an appropriate mediation. The findings are expected to contribute to universities and professional accounting bodies. The study urges the accounting educators to redesign and reorganize the curriculum, including a more interesting teaching and learning methods. The professional accounting bodies are expected to cooperate with accounting educators in enhancing the internship program and providing real-case study to instill a positive attitude and assurance toward the students' competence, which, in the end, might spark the intention to work as public accountant. That accounting knowledge positively influences the intention toward public accounting profession through the mediation of perceived behavioral control was statistically supported.

Mediating Role of Liquidity Policy on the Corporate Governance-Performance Link: Evidence from Pakistan

  • TAHIR, Safdar Husain;SADIQUE, Muhammad Abu Bakar;SYED, Nausheen;REHMAN, Faiza;ULLAH, Muhammad Rizwan
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.8
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    • pp.15-23
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    • 2020
  • Based on the theoretical underpinnings of the agency theory and liquidity theory, the purpose of this study is to show how managers who want to enhance the performance of Pakistan's non-financial sector can use liquidity policy in relation to corporate governance. Nowadays, Pakistan is facing a severe liquidity crisis; this study contributes by examining the mediating role of liquidity on the link of corporate governance-performance. We use data from 63 firms from 2010 to 2018, excluding 17 outliers. To analyze the data, we use the Seemingly Unrelated Regression (SURE) model and nlcom-Stata test. Our findings support the mediating role of liquidity on the link between corporate governance and performance. In addition, the results show that corporate governance improves performance. Furthermore, the study supports a significant positive association of liquidity and performance. For robustness, we use two performance variables - return on assets (ROA) and Tobin's q (TQ) - where ROA represents full mediation and TQ indicates partial mediation. This study helps to use liquidity policy to strengthen the inside and outside dimensions of corporate governance mechanisms that improve the performance of firms. Overall, these findings suggest better disclosure, transparency, and solutions to auditing issues that add value to the firms.

The Medium of Poetry: Romantic Writing and the Cultural Politics of Physicality in "Hyperion"

  • Jon, Bumsoo
    • English & American cultural studies
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    • v.14 no.2
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    • pp.233-249
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    • 2014
  • This essay addresses the missing conversation in Keats studies by showing how an enduring mystery of Romantic writing—the medium of poetic process and the physical conditions of enunciation—remains a central question in the Hyperion fragments. It is my argument that the tropes of material textuality prevalent in the Hyperions represent a bold cultural statement in which Keats reacts to the major premises underlying the Romantic culture's notion of poetry as abstraction: the Romantic notion of literary (re)production as a product of the activity of a mind. Keats's self-conscious, symbolic representation of the mechanics of poetry-making can be read as an investigation of the ways in which the Romantics were aware of and even eager to articulate the instabilities of their position on the relations between words and things. This essay does not focus exclusively on the physical embodiment of Keats's work as such, so much as the second-generation Romantic poet's contribution to the Romantics' self-conscious and critical understanding of the depiction, perception and ideologies of their poetry and its mediation.

Study on the Establishment of the Act on the Prevention and Protection of Technology Leakage ('기술유출방지 및 보호지원에 관한 법률'제정에 관한 연구)

  • Noh, Jae-Chul;Ko, Zoon-ki
    • The Journal of the Korea Contents Association
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    • v.17 no.7
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    • pp.487-497
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    • 2017
  • South Korea needs reorganization of dispute resolution system due to the frequent occurrence of a case that trade secret or technique are leaked. First, the distributed various laws are established and enforced by enacting and enforcing individual laws. Therefore, the redundancy problems, the collision of individual laws, the decline in diversity, integrity, and connectivity are issues. An independent legal system is needed by Act on the Prevention and Protection of Technology Leakage. Thereby, The support system of technological protection that is sprayed in government departments such as the Small and Medium Business Administration, the Ministry of Trade, Industry and Energy, the Patent Office, the Fair Trade Commission, the Trade Committee, the National Police Agency, and the Spy Agency integrates and unifies institutionally, and it is necessary to advance a policy with functional division. Second, the Patent Tribunal, the Invention Promotion Act, the Industrial Property Right Dispute Mediation Committee by the patent law, the Industrial Technical Dispute Mediation Committee on the Industrial Technology Outflow Prevention and Protection Law and the Medium and Small Firm Dispute Mediation and Arbitration Committee on Small Business Technology Protection Support Law are installed. However, since it established the integrated law on the Act on the Prevention and Protection of Technology Leakage, it is desirable to set the merged operation of establishment on the Technical Dispute Mediation Committee under the Small and Medium Business Administration or the Ministry of Trade, Industry and Energy.

The Effect of Nurse's Emotional Labor on Turnover Intention: Mediation Effect of Burnout and Moderated Mediation Effect of Authentic Leadership (간호사의 감정노동이 이직의도에 미치는 영향: 소진의 매개효과와 오센틱 리더십의 조절된 매개효과)

  • Na, Soo Yang;Park, Hanjong
    • Journal of Korean Academy of Nursing
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    • v.49 no.3
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    • pp.286-297
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    • 2019
  • Purpose: To investigate the effect of nurses' emotional labor on their turnover intention that was mediated by burnout and to examine the moderated mediation effect of authentic leadership. Methods: A total of 227 nurses working at two general hospitals in Seoul were recruited from March 21 to May 6 in 2016. Emotional labor including surface acting and deep acting; burnout factors such as emotional exhaustion and personal accomplishment; and turnover intention were assessed. The data were analyzed using SPSS 22.0 and SPSS PROCESS macro. Results: Surface acting significantly increased emotional exhaustion and reduced personal accomplishment. Deep acting significantly increased personal accomplishment. Emotional exhaustion significantly increased turnover intention. Conversely, personal accomplishment significantly reduced turnover intention. Surface acting had an indirect effect on turnover intention that was mediated by emotional exhaustion. Deep acting had an indirect effect on turnover intention that was mediated by personal accomplishment. Authentic leadership had a moderated mediation effect on the relationship between surface acting and turnover intention that was mediated by emotional exhaustion. Conclusion: The findings of this study indicate that the establishment of strong authentic leadership by head nurses would help nurses reduce their burnout and turnover intention. Conducting intervention studies would be also important to promote better work environments that would enable nurses to fortify the positive aspect of emotional labor and to reduce their burnout levels.

Claimed Adverse Events of Korean Medicine in South Korea: Analysis of Cases in the Korea Medical Dispute Mediation and Arbitration Agency Databases (한의 의료와 연관된 조정 요청 이상반응: 한국의료분쟁조정중재원 접수사례 분석)

  • Hwang, Hye-Won;Lee, Ji-Sun;Kim, Kun Hyung
    • Korean Journal of Acupuncture
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    • v.34 no.3
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    • pp.126-135
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    • 2017
  • Objectives : The purpose of this study was to describe the type of claimed adverse events related to Korean Medicine practices in South Korea. Methods : Claims with regard to the Korean Medicine practice submitted to the Korea Medical Dispute Mediation and Arbitration Agency from April 2012 to December 2016 were collected. We analyzed claims that explicitly reported the type of Korean medicine intervention and were deemed as being adverse events as defined by the Korea Good Clinical Practice. Claims that did not mention the Korean medicine practice explicitly or those related to the patient's dissatisfaction to the service rather than adverse health outcomes were excluded. Types, related interventions and the suspected severity of claimed adverse events were summarized. Results : Of 197 claims obtained, 140 claim cases were eligible and 144 claimed events were deemed as possible adverse events of the Korean medicine practice. Pain(16%), local infection/inflammation(12%) and neurological symptoms(11%) were the most frequently reported types of claimed adverse events. Thirty-nine claimed serious adverse events(SAE) were identified, including pneumothorax(28.2%) and death(17.9%). Conclusions : A wide range of claimed adverse events were identified. Routine monitoring of claims data may provide undetected safety information with regard to the Korean medicine practice. High risk of misclassification of the intervention and claimed adverse events due to insufficient information is the main caveat of this study.