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A Study on the International Carriage of Cargo by Air under the Montreal Convention-With respect to the Air Waybill and the Liability of Air Carrier (몬트리올 협약상 국제항공화물운송에 관한 연구 - 항공화물운송장과 항공운송인의 책임을 중심으로 -)

  • Lee, Kang-Bin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.49
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    • pp.283-324
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    • 2011
  • The purpose of this paper is to research the air waybill and the carrier's liability in respect of the carriage of cargo by air under the Montreal Convention of 1999. The Warsaw Convention for the unification of certain rules for international carriage by air was adopted in 1929 and modified successively in 1955, 1961, 1971, 1975 and 1999. The Montreal Convention of 1999 modernized and consolidated the Warsaw Convention and related instruments. Under the Montreal Convention, in respect of the carriage of cargo, the air waybill shall be made out by the consignor. If, at the request of the consignor, the carrier makes it out, the carrier shall be deemed to have done so on behalf of the consignor. The air waybill shall be made out in three orignal parts. Under the Montreal Convention, the consignor shall indemnify the carrier against all damages suffered by the carrier or any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statement furnished by the consignor or on its behalf. The air waybill is not a document of title or negotiable instrument. Under the Montreal Convention, the air waybill is prima facie evidence of the conclusion of the contract, of the acceptance of the cargo and of the conditions of carriage. If the carrier carries out the instructions of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill, the carrier will be liable, for any damage which may be accused thereby to any person who is lawfully in possession of the part of the air waybill. Under the Montreal Convention, the carrier is liable by application of principle of strict liability for the damage sustained during the carriage of cargo by air. The carrier is liable for the destruction or loss of, or damage to cargo and delay during the carriage by air. The period of the carriage by air does not extend to any carriage by land, by sea or by inland waterway performed outside an airport. Under the Montreal Convention, the carrier's liability is limited to a sum of 17 Special Drawing Rights per kilogramme. Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention shall be and void. Under the Montreal Convention, if the carrier proves that the damage was caused by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he derives his rights, the carrier shall be wholly or partly exonerated from ist liability to the claimant to the extent that such negligence or wrongful act or omission caused the damage. Under the Montreal Convention, any action for damages, however founded, whether under this Convention or in contract or in tort or otherwise, can only be brought subject to the conditions and such limits of liability as are set out in this Convention. Under the Montreal Convention, in the case of damage the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and at the latest, within fourteen days from the date of receipt of cargo. In the case of delay, the complaint must be made at the latest within twenty-one days from the date on which the cargo has been placed at his disposal. if no complaint is made within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on its part. Under the Montreal Convention, the right to damage shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. In conclusion, the Montreal Convention has main outstanding issues with respect to the carrier's liability in respect of the carriage of cargo by air as follows : The amounts of limits of the carrier's liability, the duration of the carrier's liability, and the aviation liability insurance. Therefore, the conditions and limits of the carrier's liability under the Montreal Convention should be readjusted and regulated in detail.

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Contact Lens Prescribing Pattern in Korean During 2010 to 2013 (대한민국의 최근 4년간(2010-2013) 콘택트렌즈 처방 추세)

  • Lee, Jong-Ha;Lee, Ki-Seok;Chu, Byoung-Sun
    • Journal of Korean Ophthalmic Optics Society
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    • v.19 no.3
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    • pp.323-329
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    • 2014
  • Purpose: To understand the pattern of prescribing contact lenses in Korea from 2010 to 2013. Methods: Four hundred survey questionnaires were randomly posted to Korean Optometric clinics for 4 years. The questionnaire was the same form as a form used for International Contact Lens Prescribing Trend. It was also designed to collect information about the contact lenses prescribed to the first 10 patients after its receipt. Results: 1937 fits were used for the analysis among the four hundred survey questionnaires. The average patient age was $26.2{\pm}7.0$ in 2010, $26.1{\pm}7.6$ in 2011, $24.7{\pm}6.6$ in 2012 and $24.8{\pm}7.2$ in 2013. The patients were mainly women (75%). Of all the soft contact lenses, silicon hydrogel lenses were 18% of fits (17% in 2010, 10% in 2011, 20% in 2012, 24% in 2013). By degine, the percentage of toric design lenses accounted for 17% of soft lenses fits and had increased during 4 years (10% in 2010, 18% in 2011, 16% in 2012, 22% in 2013), and cosmetic contact lens made up for 29% (15% in 2010, 20% in 2011, 40% in 2012, 41% in 2013). Conclusions: The contact lenses wearers were mostly women and the average patient age becomes slightly younger. In relation to the increase in the mumber of younger female contact lens wearers,the percentage of cosmetic lenses prescription was much higher (29%) than the global average (7%), and it has gradually increased for last 4 years. This trend could be related to the growth of beauty market in Korea. By emphasizing on toric lens marketing in manufactures, the prescription rate has been gradually increased.

A study on the state of inservice education for dental hygienists and their relevant awareness (치과위생사의 보수교육 실태 및 인식에 관한 연구)

  • Jung, Jae-Yeon;Kim, Kyung-Mi;Cho, Myung-Sook;Ahn, Geum-Sun;Song, Kyoung-Hee;Choi, Hye-Jung;Choi, Youn-Seon;Hwang, Yoon-Sook
    • Journal of Korean society of Dental Hygiene
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    • v.7 no.1
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    • pp.73-89
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    • 2007
  • The purpose of this study was to examine the reality of inservice education provided to members of Korean Dental Hygienists Association, the state of relevant academic conferences, and the perception of the members about inservice education and academic conference. It's basically meant to help boost their participation in inservice education and their satisfaction with it, and to show some of the right directions for that. The subjects in this study were dental hygienists who attended a symposium on July 1, 2006. After a survey was conducted, the answer sheets from 489 participants were analyzed, and the findings of the study were as follows: 1. General hospitals and university hospitals made up the largest group(91.4%) that gave a monthly leave of absence, and the second largest group was dental hospitals(75.4%), followed by dental clinics(58.3%) and public dental clinics(48.0%). The most common closing time in dental clinics and dental hospitals was 5 p.m., and that was 12 p.m. in general hospitals and university hospitals. The dental hygienists in public dental clinics didn't work on Saturdays. By type of workplace, treatment was the most common duty for the dental hygienists in dental clinics and dental hospitals to perform, and those who worked at general hospitals, university hospitals and public health clinics were in charge of extensive range of jobs. 2. The rates of the dental hygienists who took that education stood at 94.9% in public dental clinics, 78.7% in dental hospitals and 75.3% in dental clinics, general hospitals and university hospitals. Regarding how many marks they got on an yearly basis, those who got eight marks or more made up the largest group(55.6%), followed by four marks or more(11.8%), six marks or more(3.4%), and two marks or more(1.5%). As for the usefulness of inservice education for their job performance, the largest number of the dental hygienists(40.8%) found it to be helpful, and the second greatest group(37.5%) considered its effectiveness to be so-so. The third largest group(8.4%) found it to be of great use, and the fourth biggest group(4.2%) considered it to be of no service. The fifth biggest group(l.3%) thought it was absolutely useless. By type of workplace, the workers in dental clinics, dental hospitals, general hospitals and university hospitals wanted the most to learn how to take care of clinical work(acquisition of up-to-date technology), and those in public health clinics hoped the most to learn about public dental health. By type of workplace, the workers in dental clinics had their sight set on self-development the most, and the dental hygienists in dental hospitals, general hospitals, university hospitals and public health clinics were most in pursuit of acquiring new knowledge. By type of workplace, the specific given conditions at work were most singled out by the dental clinic workers as the reason, and the dental hospital employees pointed out time constraints the most. The dental hygienists in general hospitals and university hospitals cited time constraints and financial burden the most, and the public health clinic personnels mentioned inaccessibility of a place for inservice education as the reason. 3. The public health clinic workers participated in academic conferences the most(90.8%), followed by the general and university hospital personnels(68.8%), dental hospital employees(65.6%) and dental clinic workers(65.5%). By type of workplace, the public health clinic workers(73.5%) expressed the most satisfaction, followed by the general and university hospital employees(67.7%), dental clinic workers(62.3%) and dental hospital personnels(54.1%). By type of workplace, the employees of dental clinics, dental hospitals, general hospitals and university hospitals preferred Saturdays, and the public health clinic workers had a liking for weekdays. As for a favored place, hotels were most preferred, followed by university hospitals, general hospitals, college lecture rooms, district halls and local public institutions. Hotels were most favored regardless of the type of workplace. 4. Regarding outlook on inservice education, they had the highest opinion on the facilities and given conditions of lecture rooms($3.41{\pm}0.83$), followed by the professionalism of lecturers($3.34{\pm}0.83$), procedures of receipt and attendance confirmation($3.34{\pm}0.83$) and class size($3.13{\pm}0.89$). On the contrary, they took the most dismal view of the inaccessibility of a place of inservice education($2.08{\pm}0.92$), followed by limited opportunity and limited date for that education($2.51{\pm}0.99$), extra financial burden($2.53{\pm}1.18$) and high tuition fee($2.57{\pm}0.96$).

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Biotope Types and Mapping for Ecological Management of Tricholoma matsutake Production Area: The Case of Expressway in Yangyang-gun, Gangwon-do (송이생산지의 생태적 관리를 위한 소나무비오톱 유형화 및 지도 작성: 강원도 양양군 동서고속도로 건설구간을 중심으로)

  • Kim, Jeong-Ho;Choi, Song-Hyeon;Yoon, Yong-Han
    • Journal of Environmental Policy
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    • v.11 no.3
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    • pp.25-47
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    • 2012
  • This research is to suggest an ecological management methods by classification of biotope type and its mapping for Tricholoma matsutake. The target area was construction site of the East Hongchun - Yangyang Highway (Yangyang section) where massive production of Tricholoma matsutakes is in place. Specifically, the 700 m long range of area around the road route, Yangyang section, which is over a total area of $19,79km^2$. The flow of this research was as follows: first studied were the characteristics of the Yangyang Tricholoma matsutakes; second, reviews on previous studies on Tricholoma matsutakes; third, the formulation of standards and processes of biotope type considering Tricholoma matsutake production; and fourth, mapping of biotope considering the production area of Tricholoma matsutake. In 24.77% of the region, slope angle measured $30{\sim}40^{\circ}C$, which is suitable for Tricholoma matsutake production. Also, 17.44% of the region had southward vegetation structures, and as for the Pinus densiflora; 26.00% had average receipts; the tree ages was $38{\pm}8.34$ years; and the average density of canopy layer was $9.55{\pm}4.89/100m^2$. The soil acidity (pH) values of 5.0 to 5.6(47.96%) > 5.6 to 7.0(42.90%) > 4.0 to 5.0(9.14%) were slightly high for Tricholoma matsutake growth; but 57.10% of the area had a soil pH of 4.0-5.6. The organic horizon (A0 layer) was $3.39{\pm}2.14cm$, and the mean depths were 4-6cm(78.03%) > 0-2cm(18.10%) > 2-4cm(3.87%). Based on the results of previous studies and field researches on the presence of vegetation (the pine dominance ratio), the topographic structure (the terrain characteristics and slopes), the receipt, the soil structure (the soil acidity and the organic layers interposed between the depths), and the vegetation density, six clusters based on the identified types of biotopes are produced in this paper. Area of distribution according to the type of biotope was Tricholoma matsutake of the potential-production (II) biotope (32.86%) > Tricholoma matsutake of the inadequate-production biotope (22.17%) > Tricholoma matsutake of the adequate (II)-production biotope (17.79%) > Tricholoma matsutake of the adequate (I)-production biotope (14.86%) > Tricholoma matsutake of the potential-production (I) biotope (9.77%) > Tricholoma matsutake of the produced biotope (2.55%).

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The Effect of Accounts Receivable Management on Business Performance & Organizational Satisfaction: Focused on Micro Manufacturing Industries (매출채권관리가 재무적 경영성과와 조직만족에 미치는 영향: 도시형소공인을 중심으로)

  • Lee, Jong Gab;Ha, Kyu Soo
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.12 no.6
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    • pp.13-24
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    • 2017
  • The purpose of this study is to examine the effect of the management of receivables on the management performance of micro manufacturing industries. The results of the survey are as follows. First, among the factors of management of pre- and post-trade receivables in the micro manufacturing industries, management organization and regulations, contract execution management, bad debt control, which are the subordinate factors of credit control, are positive (+) significant effect on stability. In terms of profitability, management organizations and regulations, which are subordinate factors of credit control management, have a positive (+) significant effect on profitability. The recovery management, which is a factor of management of post - receivable receivables, did not have a significant effect on the stability and profitability of financial management performance. Second, the effect of financial performance on organizational satisfaction is positively related to stability, while profitability has no significant effect on organizational satisfaction. The implication of this study is that pre - trade receivables management is more important than post - trade receivables management in the management of accounts receivables of micro manufacturing industries. Proactive credit management refers to the procedure of establishing and managing personal guarantees and physical guarantees in order to smooth the execution of the obligations at the same time as the contract is concluded through processes such as credit investigation, analysis and evaluation, and sales decision before the contract is concluded. Post receivables management based on the assumption of default is a receivables management procedure from receipt of receivables that are already defaulted to bad debts to bad debt processing. If the collection of receivables is delayed or bad debt is increased, Furthermore, a corporation may be subject to bankruptcy risk (insolvency by paper profits). Therefore, it is meaningful that this study suggests direction to induce change of contract type in advance by understanding the possibility of settlement of accounts receivable and recovery of bad debts within the day of transition in case of contract of micro manufacturing industries.

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The National Survey of Breast Cancer Treatment Pattern in Korea (1998): The Use of Breast-Conserving Treatment (1998년도 우리나라 유방암 치료 현황 조사: 유방보존술 적용 실태를 중심으로)

  • Shin Hyun Soo;Lee Hyung Sik;Chang Sei Kyung;Chung Eun JE;Kim Jin Hee;Oh Yoon Kyung;Chun Mi Sun;Huh Seung Jae;Loh Jun Kyu;Suh Chang-Ok
    • Radiation Oncology Journal
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    • v.22 no.3
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    • pp.184-191
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    • 2004
  • Purpose: In order to improve the proper use of radiotherapy and breast-conserving treatment (BCT) in the management of breast cancer, current status of breast cancer treatment in Korea was surveyed nationwide and the use of BCT were evaluated. Materials and Methods: Patients characteristics and treatment pattern of 1048 breast cancer patients from 27 institutions diagnosed between January, 1998 and June, 1998 were analyzed. The incidence of receiving BCT was analyzed according to the stage, age, geography, type of hospital, and the availability of radiotherapy facility. Results: Radical mastectomy was peformed in 64.8$\%$ of total patients and 26$\%$ of patients received breast- conserving surgery (BCS). The proportions of patients receiving BCT were 47.5$\%$ in stage 0, 54.4$\%$ in stage I, and 20.3$\%$ in stage II, Some of the patients (6.6$\%$ of stage I, 10.1$\%$ of stage II and 66.7$\%$ of stage III) not received radiotherapy after BCS. Only 45$\%$ of stage III patients received post-operative radiotherapy after radical mastectomy. The proportion of patients receiving BCT was different according to the geography and availability of radiotherapy facilities. Conclusion: Radiotherapy was not fully used in the management of breast cancer, even in the patients received breast-conserving surgery. The proportion of the patients who received BCT was lower than the report of western countries. To improve the application of proper management of breast cancer, every efforts such as a training of physicians, public education, and improving accessibility of radiotherapy facilities should be done. The factors predicting receipt of BCT were accessibility of radiotherapy facility and geography. Also, periodic survey like current research is warranted.

Life-Sustaining Procedures, Palliative Care, and Cost Trends in Dying COPD Patients in U.S. Hospitals: 2005~2014

  • Kim, Sun Jung;Shen, Jay;Ko, Eunjeong;Kim, Pearl;Lee, Yong-Jae;Lee, Jae Hoon;Liu, Xibei;Ukken, Johnson;Kioka, Mutsumi;Yoo, Ji Won
    • Journal of Hospice and Palliative Care
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    • v.21 no.1
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    • pp.23-32
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    • 2018
  • Purpose: Little is known regarding the extent to which dying patients with chronic obstructive pulmonary disease (COPD) receive life-sustaining procedures and palliative care in U.S. hospitals. We examine hospital cost trends and the impact of palliative care utilization on the use of life-sustaining procedures in this population. Methods: Retrospective nationwide cohort analysis was performed using National Inpatient Sample (NIS) data from 2005 and 2014. We examined the receipt of both palliative care and intensive medical procedures, defined as systemic procedures, pulmonary procedures, or surgeries using the International Classification of Diseases, 9th revision (ICD-9-CM). Results: We used compound annual growth rates (CAGR) to determine temporal trends and multilevel multivariate regressions to identify factors associated with hospital cost. Among 77,394,755 hospitalizations, 79,314 patients were examined. The CAGR of hospital cost was 5.83% (P<0.001). The CAGRs of systemic procedures and palliative care were 5.98% and 19.89% respectively (each P<0.001). Systemic procedures, pulmonary procedures, and surgeries were associated with increased hospital cost by 59.04%, 72.00%, 55.26%, respectively (each P<0.001). Palliative care was associated with decreased hospital cost by 28.71% (P<0.001). Conclusion: The volume of systemic procedures is the biggest driver of cost increase although there is a cost-saving effect from greater palliative care utilization.

Self-Tour Service Technology based on a Smartphone (스마트 폰 기반 Self-Tour 서비스 기술 연구)

  • Bae, Kyoung-Yul
    • Journal of Intelligence and Information Systems
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    • v.16 no.4
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    • pp.147-157
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    • 2010
  • With the immergence of the iPhone, the interest in Smartphones is getting higher as services can be provided directly between service providers and consumers without the network operators. As the number of international tourists increase, individual tourists are also increasing. According to the WTO's (World Tourism Organization) prediction, the number of international tourists will be 1.56 billion in 2020,and the average growth rate will be 4.1% a year. Chinese tourists, in particular, are increasing rapidly and about 100 million will travel the world in 2020. In 2009, about 7.8 million foreign tourists visited Korea and the Ministry of Culture, Sports and Tourism is trying to attract 12 million foreign tourists in 2014. A research institute carried out a survey targeting foreign tourists and the survey results showed that they felt uncomfortable with communication (about 55.8%) and directional signs (about 21.4%) when they traveled in Korea. To solve this inconvenience for foreign tourists, multilingual servicesfor traffic signs, tour information, shopping information and so forth should be enhanced. The appearance of the Smartphone comes just in time to provide a new service to address these inconveniences. Smartphones are especially useful because every Smartphone has GPS (Global Positioning System) that can provide users' location to the system, making it possible to provide location-based services. For improvement of tourists' convenience, Seoul Metropolitan Government hasinitiated the u-tour service using Kiosks and Smartphones, and several Province Governments have started the u-tourpia project using RFID (Radio Frequency IDentification) and an exclusive device. Even though the u-tour or u-tourpia service used the Smartphone and RFID, the tourist should know the location of the Kiosks and have previous information. So, this service did not give the solution yet. In this paper, I developed a new convenient service which can provide location based information for the individual tourists using GPS, WiFi, and 3G. The service was tested at Insa-dong in Seoul, and the service can provide tour information around the tourist using a push service without user selection. This self-tour service is designed for providing a travel guide service for foreign travelers from the airport to their destination and information about tourist attractions. The system reduced information traffic by constraining receipt of information to tourist themes and locations within a 20m or 40m radius of the device. In this case, service providers can provide targeted, just-in-time services to special customers by sending desired information. For evaluating the implemented system, the contents of 40 gift shops and traditional restaurants in Insa-dong are stored in the CMS (Content Management System). The service program shows a map displaying the current location of the tourist and displays a circle which shows the range to get the tourist information. If there is information for the tourist within range, the information viewer is activated. If there is only a single resultto display, the information viewer pops up directly, and if there are several results, the viewer shows a list of the contents and the user can choose content manually. As aresult, the proposed system can provide location-based tourist information to tourists without previous knowledge of the area. Currently, the GPS has a margin of error (about 10~20m) and this leads the location and information errors. However, because our Government is planning to provide DGPS (Differential GPS) information by DMB (Digital Multimedia Broadcasting) this error will be reduced to within 1m.

A Study on Solutions to the Problems of the Current Tax Appeal System (조세심판청구제도의 문제점에 관한 개선방안)

  • Park, Sang-Bong
    • Management & Information Systems Review
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    • v.35 no.2
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    • pp.67-81
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    • 2016
  • The purpose of this study was to investigate lots of problems that the current tax appeal system has, which are becoming serious issues as tax appeal cases are recently increasing. Those problems include the unreasonable procedure and period of deliberation on tax appeal cases, permission of a same tax appeal by more than one governmental agencies and the compulsory transposition system of tax appeal cases. All of these problems should be rectified in order to ensure that the currently tax appeal system protect taxpayers' rights and interests effectively. According to the current tax appeal system, the period from the receipt of tax appeal cases to ruling on them is up to 90 days. This is unrealistic, so that period should be allowed to be extended if those cases about more complicated taxation or if they are even harder to be treated for any reason. At present, chief of Tax Tribunal has to unconditionally accept resolution from the meeting of tax judges and make a ruling accordingly because he has no right to reject that resolution. But now, it's time to establish legal grounds based on which the chief suggests the tax judges to reconsider their resolution if it is undoubtedly wrong. Currently, there's a relatively little acceptance of tax appeals from people who can't financially afford to designate a proxy for them. To solve this problem, lots of efforts to make socially recognized the necessity to relive those people's rights and interests and make widely known the Public Proxy of Tax Appeal System. The current tax appeal system allows the Board of Audit and Inspection to be an appealer. This means taxation may be deliberated on by more than one governmental agencies. It is so inefficient. Therefore, tax appeal by the board should be only about taxation that they found unacceptable by audit and inspection. Except for this, it is not allowed that the Board of Audit and Inspection file tax appeals that are, in turn, necessarily transported to the National Taxation. Esecially, the transposition should be a procedure that is occasionally taken. In sum, this study investigated problems with the current tax appeal system, and made suggestions about solutions that are not theoretical but practical.

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Factors Associated with Relapse to Smoking Behavior Using Health Belief Model (건강믿음모형을 이용한 금연성공자의 재흡연에 영향을 미치는 요인 분석: 금연클리닉 등록자를 중심으로)

  • Kim, Hee-Suk;Bae, Sang-Soo
    • Journal of agricultural medicine and community health
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    • v.36 no.2
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    • pp.87-100
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    • 2011
  • Objectives: This study aimed to identify factors associated with smoking relapse. Methods: The study sample was recruited among subjects who were enrolled in the smoking cessation clinic of a public health center and had succeeded in quitting smoking for at least six months. A total of 159 male subjects were followed via mail survey one year later. The independent variables in the analyses were socio-demographic characteristics, smoking history and behavior, receipt of smoking cessation aids, health behaviors and components of the health belief model (HBM). The dependent variable was smoking relapse assessed one year after quitting. Ordered logit regressions were used to identify factors associated with smoking relapse. Results: The relapse rate of the ex-smokers in our sample was 25.8%, and the occasional smoking rate was 17.0%. Univariate analyses revealed that only factors related to the HBM, such as perceived susceptibility to diseases (p<0.01), perceived severity of diseases (p<0.01), perceived health benefits of not smoking (p<0.01), perceived barriers to quitting smoking due to increasing stress and difficulty in social life (p<0.01), and self-efficacy (p<0.01) were associated with the likelihood of relapse for ex-smokers. Ordered logit analyses yielded two significant factors affecting the likelihood of relapse, the perceived barriers to quitting smoking and self-efficacy. Conclusions: Our results indicate that higher levels of barriers to quitting smoking and lower levels of self-efficacy were significantly related to risk of smoking relapse. These findings may be useful for identifying those at highest risk for relapse and choosing the optimal strategies for prevention of relapse for ex-smokers.