• Title/Summary/Keyword: Organizational liability

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Organizational Liability for Adverse Reactions to the Contrast Media (조영제 부작용에 대한 조직책임)

  • Lim, Chang-Seon
    • Journal of radiological science and technology
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    • v.30 no.2
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    • pp.89-93
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    • 2007
  • Contrast medium is a very useful tool for X-ray examinations. But contrast medium has some unavoidable adverse reactions. For those patients who have never received contrast medium before, it is impossible to predict whether they will suffer from certain kinds of adverse reactions. Thus, radiologists should use strategies to minimize adverse events and be prepared to promptly recognize and manage any reactions to the contrast media. If a radiologist commits medical malpractice, he will face civil responsibility. Medical malpractice means a tort or breach of contract that occurs in a medical setting. Medical malpractices happen, despite the efforts of hospital staff. Many courts have applied the traditional doctrine of respondeat superior in actions against organizations for injuries caused by their employees. It is a legal doctrine, which states that an employer is responsible for employee actions performed within the course of the employment. A hospital is an organization for health purposes. An organization may be convicted of an offense committed by an employee of the organization acting in its behalf and within the scope of his office or employment. Organizational liability involves a wide variety of legal issues, including tort liability, wrongful employment practices, personal injury, breach of fiduciary duty, and so on. Many executive directors of organizations are aware of their personal and organizational risks of exposure to legal liabilities. The employer must have the right to control the physical conduct of the employee and must consent to receive the employee's services, while expecting some benefits from the services offered. Therefore, legal liability can be imposed for improper selection, assignment, training, and supervision of employees. In conclusion, the hospital itself has organizational liability for adverse reactions to the contrast medium.

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Dual Network Embeddedness of the Host Country, Organizational Improvisational Capability, and International Entrepreneurial Performance

  • Qixia Du;Yeong-Gil Kim
    • Journal of Korea Trade
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    • v.27 no.4
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    • pp.61-76
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    • 2023
  • Purpose - Along with emerging international entrepreneurship, there is a need for exploring the influencing mechanism of dual network embeddedness of the host country on international entrepreneurial performance. Drawing on network embeddedness theory and organizational improvisational theory, the present study constructs a theoretical model regarding the logic relationships between the dual network embeddedness of the host country, organizational improvisational capability, and international entrepreneurial performance. Design/methodology - Using a questionnaire survey, our study conducted data in two ways. The final research sample comprised 129 international new ventures. To test the hypotheses, a three-step mediation test method was conducted. Findings - Our empirical results suggested that both host-country social network embeddedness and industrial network embeddedness significantly affected the international entrepreneurial performance. Organizational improvisational capability significantly affected the international entrepreneurial performance. Third, organizational improvisational capability partially played mediating role in the relationship between the dual network embeddedness of the host country and international entrepreneurial performance. Originality/value - This study mainly concentrates on the two important types of host-country networks, host-country social network embeddedness and industrial network embeddedness, that may help international new ventures access the strategic resources necessary to support performance. Thus, it extends the existing network embeddedness theory and improvisational theory to encompass international entrepreneurship.

A Case Study on PL Management in Small and Medium-Sized Firms of Gangwon-Do Province (강원도 중소기업의 제조물책임법 대책에 대한 연구)

  • Park, Roh-Gook;Lee, Sung-Ho
    • Journal of the Korea Safety Management & Science
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    • v.10 no.3
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    • pp.99-107
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    • 2008
  • Product liability(PL) is the producer's compensation to customers for damage incurred by product defects. This paper studies on the organizational culture, promotion process, system construction, system level, product safety review, product safety assurance, system operation, and its effectiveness and necessity of recognition for the PL system of small and medium-sized firms in Gangwon-Do province. The results show that the firms have product safety regulations, but the number of firms which its employees understand the regulations is less than the number of firms which do not understand. Also the number of firms which is preparing PL prevention and insurance, and counterplan for accidents seems to be not in large numbers.

Joint Penal Provisions and Criminal Liability in Medical Law (의료법 등의 양벌규정과 책임원칙)

  • Hwang, Man-Seong
    • The Korean Society of Law and Medicine
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    • v.11 no.2
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    • pp.149-179
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    • 2010
  • In November 2007, the Korean Constiutional Court held that a joint penal provision in which the individual employer is punished when his or her employee is determined to have committed a crime was unconstitutional, because the joint penal provision had no contents for the culpability of an individual employer and thus violated the constitutionally protected principle of culpability. After the Korean Constitutional Court's judgment, since December 2008 the Ministry of Justice began to change the old joint penal provision into the new revised joint penal provision. On January 2010, the old joint penal provisions of 110 laws were revised. The new revised joint penal provision adds only an additional sentence: "If a juristic person, an entity or an individual perform due care and supervision over its employee for the prevention of such a crime, it will be exempted from the punishment". But an presumption of negligence clause that is added in the new revised joint penal provision is still vacuum in concerned with supervision responsibility. Probably the new form of penal provision, that is understood to be a kind of the presumption of negligence, could let the burden of proof be changed from the public prosecutor to the accused, in other words employer-side. Especially, when joint penal provision is applied to hospital as administrative punishment, according to the hospital is a (juridical) foundation or not, the application of the joint penal provision is different and unfaithful. In my opinion, therefore, a corporation liability could be considered according to various liability of employee's business and the crime its employee committed because of an organizational failure of the corporation.

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Research about Integrated System construction design of ISO 9001;2000, KS and Product Safety Management by PL(Product Liability) law practice (PL법 실행에 따른 ISO 9001;2000과 KS 및 제품 안전경영(PSM) 통합시스템 구축의 설계에 관한 연구)

  • 유왕진
    • Journal of Korean Society for Quality Management
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    • v.31 no.4
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    • pp.184-193
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    • 2003
  • PL has been developed centering around England and America. Recently many countries are introducing PL system changing the world a single economic bloc based on the rapid development of Technology and Economy. This paper is studied with related literatures and theses, organizational consulting cases within the framework of the firm as the central operating bodies of PL system. In the past, Some papers about System Integration which was operated as a same Certificate System and enacted in a single organization, was studied and presented. But most of papers was a theoretical study related model and conception. In this situation Government supports PSMS of a single system at government expense to 100­200 companies for improving organizational confrontation ability of PL this year. This paper proposed a design and effect of Integration system model based on the analysis of ISO 9001:2000, KS, PSMS and ISO 14001. The integrated system has the following three distinctions. Firstly, KS is a national establishment, national leading certification and forcing standard. Secondly, ISO 9001:2000 and ISO 14001 are an international organization's establishment, non­official certification and optional standard. Finally, PSMS isn't a national law and forcing matter. And it isn't the concept of certification but the operational system by itself. Also if a lawsuit by defect is happened, it is very dangerous. This paper, which is integrated by four management systems and has many consulting cases, is the first in this department and is different from others. Also If people has the basic knowledge about management system, they can directly connect it to the organizational system according to this paper's guidance. It is very good result in this study because the law of PL is executed now.

The Impact of Social Legitimacy on the Performance of New Venture (사회적 정당성이 벤처 기업의 성과에 미치는 영향)

  • Kim, Juhee;Kim, Changsu;Nam, Dae-Il
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.9 no.4
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    • pp.13-25
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    • 2014
  • This study advances research on new venture by taking the organizational ecology perspective to explore the relationship between social legitimacy and new venture performance. We examine how entrepreneurs' organizing activity and social norm shape the social legitimacy. This paper also categorizes the social norms into three parts: social norm that is 1) supporting success achieved through one's own effort 2) encouraging start-up, and 3) promoting risk-taking. Using a dataset of PSED(Panel Study of Entrepreneurial Dynamics) from 2005 to 2011, we found that entrepreneurs' organizing activity has a positive effect on new venture performance. In addition, this study presents the moderating effects of 'liability of newness' that decreases the effect of organizing activity on new venture performance. Interestingly, with respect to the social norm, 'liability of newness' only moderates the relationship between start-up encouraging social norm and new venture performance.

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Exploring Perceptions of 'Foreignness' in Virtual Teams: Its Impact on Team Member Satisfaction and Turnover Intention

  • Garrison, Gary;Wakefield, Robin L.;Harvey, Michael;Kim, Sang-Hyun
    • Asia pacific journal of information systems
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    • v.20 no.1
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    • pp.101-125
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    • 2010
  • This paper uses the status inconsistency theory to identify factors related to team members' (dis)satisfaction with the composition of virtual IT project teams in order to predict their turnover intentions. Our approach is based on the premise that virtual teams, although increasingly popular among global organizations, create an environment replete with cultural and functional diversity. Yet, a paradox exists: increasing diversity in virtual teams maximizes the creation and use of organizational knowledge while simultaneously increasing dissatisfaction and turnover. This is a critical issue in the formation and management of virtual teams. Therefore, we investigate how team members' perceptions of differences among themselves (i.e. foreignness) impact the stability of team membership, leading to what we describe as a 'liability of foreignness.' Findings indicate that a member's perception of foreignness has a detrimental effect on satisfaction with his or her team members while satisfaction is likely to decrease turnover intention. This may be an implication that managers need to maintain a balance in order to discourage member turnover and the loss of key players.

A Study on the Global Market Success through the Customer Value-based Corporate Strategy : The Case of Hilti (고객가치 기반 기업전략을 통한 글로벌 시장성공 : 전동공구기업 힐티의 사례)

  • Hong, Song Hon
    • International Commerce and Information Review
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    • v.16 no.5
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    • pp.151-178
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    • 2014
  • The objective of the present case study is to analysis how effectively Hilti, which is a former family firm owned and managed by a family in Liechtenstein as a tiny european country, a land sandwiched between Switzerland and Austria, has made a global market success. Liechtenstein has $160km^2$ land and about 36,000 residents. Despite its small size of country, however, Hilti Corporation doesn't view its location as a liability in its business strategy. Hilti is a global leading provider of professional power tools in building, mining, civil engineering etc. Also, Hilti is a firm with a clear vision to become the leading industry partner for construction professionals and building installations through customer focus, high quality equipment, and tools and systems specially designed for specific jobs. This study considered Hilti as a good case, which verifies that born-conditions, endogenous factors according to Michael Porters diamond model does not decisive role more for international competitiveness of firms. Lessons from Hilti are that in order to obtain and sustain the global competitiveness of small and medium-sized firms in Korean manufacturing sector under high production cost, they have to do actively innovative. Also they can give to customers newer and higher customer-values than competitors in abroad give. The case summarizes that the strategy of Hilti for the global market success is comprised of several factors: Technological and organizational innovation, and a clear customer-value oriented business strategy and its implementation. Innovation and its integration into marketing for the customers value creation is central to Hilti's Success. The present case study is expected to provide insights and implication for many firms in Korea that are seeking to secure global presence and market success.

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