• Title/Summary/Keyword: Relevant Circumstances

Search Result 125, Processing Time 0.033 seconds

A Study on the System of Aircraft Investigation (항공기(航空機) 사고조사제도(事故調査制度)에 관한 연구(硏究))

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.9
    • /
    • pp.85-143
    • /
    • 1997
  • The main purpose of the investigation of an accident caused by aircraft is to be prevented the sudden and casual accidents caused by wilful misconduct and fault from pilots, air traffic controllers, hijack, trouble of engine and machinery of aircraft, turbulence during the bad weather, collision between birds and aircraft, near miss flight by aircrafts etc. It is not the purpose of this activity to apportion blame or liability for offender of aircraft accidents. Accidents to aircraft, especially those involving the general public and their property, are a matter of great concern to the aviation community. The system of international regulation exists to improve safety and minimize, as far as possible, the risk of accidents but when they do occur there is a web of systems and procedures to investigate and respond to them. I would like to trace the general line of regulation from an international source in the Chicago Convention of 1944. Article 26 of the Convention lays down the basic principle for the investigation of the aircraft accident. Where there has been an accident to an aircraft of a contracting state which occurs in the territory of another contracting state and which involves death or serious injury or indicates serious technical defect in the aircraft or air navigation facilities, the state in which the accident occurs must institute an inquiry into the circumstances of the accident. That inquiry will be in accordance, in so far as its law permits, with the procedure which may be recommended from time to time by the International Civil Aviation Organization ICAO). There are very general provisions but they state two essential principles: first, in certain circumstances there must be an investigation, and second, who is to be responsible for undertaking that investigation. The latter is an important point to establish otherwise there could be at least two states claiming jurisdiction on the inquiry. The Chicago Convention also provides that the state where the aircraft is registered is to be given the opportunity to appoint observers to be present at the inquiry and the state holding the inquiry must communicate the report and findings in the matter to that other state. It is worth noting that the Chicago Convention (Article 25) also makes provision for assisting aircraft in distress. Each contracting state undertakes to provide such measures of assistance to aircraft in distress in its territory as it may find practicable and to permit (subject to control by its own authorities) the owner of the aircraft or authorities of the state in which the aircraft is registered, to provide such measures of assistance as may be necessitated by circumstances. Significantly, the undertaking can only be given by contracting state but the duty to provide assistance is not limited to aircraft registered in another contracting state, but presumably any aircraft in distress in the territory of the contracting state. Finally, the Convention envisages further regulations (normally to be produced under the auspices of ICAO). In this case the Convention provides that each contracting state, when undertaking a search for missing aircraft, will collaborate in co-ordinated measures which may be recommended from time to time pursuant to the Convention. Since 1944 further international regulations relating to safety and investigation of accidents have been made, both pursuant to Chicago Convention and, in particular, through the vehicle of the ICAO which has, for example, set up an accident and reporting system. By requiring the reporting of certain accidents and incidents it is building up an information service for the benefit of member states. However, Chicago Convention provides that each contracting state undertakes collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation. To this end, ICAO is to adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with, among other things, aircraft in distress and investigation of accidents. Standards and Recommended Practices for Aircraft Accident Injuries were first adopted by the ICAO Council on 11 April 1951 pursuant to Article 37 of the Chicago Convention on International Civil Aviation and were designated as Annex 13 to the Convention. The Standards Recommended Practices were based on Recommendations of the Accident Investigation Division at its first Session in February 1946 which were further developed at the Second Session of the Division in February 1947. The 2nd Edition (1966), 3rd Edition, (1973), 4th Edition (1976), 5th Edition (1979), 6th Edition (1981), 7th Edition (1988), 8th Edition (1992) of the Annex 13 (Aircraft Accident and Incident Investigation) of the Chicago Convention was amended eight times by the ICAO Council since 1966. Annex 13 sets out in detail the international standards and recommended practices to be adopted by contracting states in dealing with a serious accident to an aircraft of a contracting state occurring in the territory of another contracting state, known as the state of occurrence. It provides, principally, that the state in which the aircraft is registered is to be given the opportunity to appoint an accredited representative to be present at the inquiry conducted by the state in which the serious aircraft accident occurs. Article 26 of the Chicago Convention does not indicate what the accredited representative is to do but Annex 13 amplifies his rights and duties. In particular, the accredited representative participates in the inquiry by visiting the scene of the accident, examining the wreckage, questioning witnesses, having full access to all relevant evidence, receiving copies of all pertinent documents and making submissions in respect of the various elements of the inquiry. The main shortcomings of the present system for aircraft accident investigation are that some contracting sates are not applying Annex 13 within its express terms, although they are contracting states. Further, and much more important in practice, there are many countries which apply the letter of Annex 13 in such a way as to sterilise its spirit. This appears to be due to a number of causes often found in combination. Firstly, the requirements of the local law and of the local procedures are interpreted and applied so as preclude a more efficient investigation under Annex 13 in favour of a legalistic and sterile interpretation of its terms. Sometimes this results from a distrust of the motives of persons and bodies wishing to participate or from commercial or related to matters of liability and bodies. These may be political, commercial or related to matters of liability and insurance. Secondly, there is said to be a conscious desire to conduct the investigation in some contracting states in such a way as to absolve from any possibility of blame the authorities or nationals, whether manufacturers, operators or air traffic controllers, of the country in which the inquiry is held. The EEC has also had an input into accidents and investigations. In particular, a directive was issued in December 1980 encouraging the uniformity of standards within the EEC by means of joint co-operation of accident investigation. The sharing of and assisting with technical facilities and information was considered an important means of achieving these goals. It has since been proposed that a European accident investigation committee should be set up by the EEC (Council Directive 80/1266 of 1 December 1980). After I would like to introduce the summary of the legislation examples and system for aircraft accidents investigation of the United States, the United Kingdom, Canada, Germany, The Netherlands, Sweden, Swiss, New Zealand and Japan, and I am going to mention the present system, regulations and aviation act for the aircraft accident investigation in Korea. Furthermore I would like to point out the shortcomings of the present system and regulations and aviation act for the aircraft accident investigation and then I will suggest my personal opinion on the new and dramatic innovation on the system for aircraft accident investigation in Korea. I propose that it is necessary and desirable for us to make a new legislation or to revise the existing aviation act in order to establish the standing and independent Committee of Aircraft Accident Investigation under the Korean Government.

  • PDF

The Role of Social Capital and Identity in Knowledge Contribution in Virtual Communities: An Empirical Investigation (가상 커뮤니티에서 사회적 자본과 정체성이 지식기여에 미치는 역할: 실증적 분석)

  • Shin, Ho Kyoung;Kim, Kyung Kyu;Lee, Un-Kon
    • Asia pacific journal of information systems
    • /
    • v.22 no.3
    • /
    • pp.53-74
    • /
    • 2012
  • A challenge in fostering virtual communities is the continuous supply of knowledge, namely members' willingness to contribute knowledge to their communities. Previous research argues that giving away knowledge eventually causes the possessors of that knowledge to lose their unique value to others, benefiting all except the contributor. Furthermore, communication within virtual communities involves a large number of participants with different social backgrounds and perspectives. The establishment of mutual understanding to comprehend conversations and foster knowledge contribution in virtual communities is inevitably more difficult than face-to-face communication in a small group. In spite of these arguments, evidence suggests that individuals in virtual communities do engage in social behaviors such as knowledge contribution. It is important to understand why individuals provide their valuable knowledge to other community members without a guarantee of returns. In virtual communities, knowledge is inherently rooted in individual members' experiences and expertise. This personal nature of knowledge requires social interactions between virtual community members for knowledge transfer. This study employs the social capital theory in order to account for interpersonal relationship factors and identity theory for individual and group factors that may affect knowledge contribution. First, social capital is the relationship capital which is embedded within the relationships among the participants in a network and available for use when it is needed. Social capital is a productive resource, facilitating individuals' actions for attainment. Nahapiet and Ghoshal (1997) identify three dimensions of social capital and explain theoretically how these dimensions affect the exchange of knowledge. Thus, social capital would be relevant to knowledge contribution in virtual communities. Second, existing research has addressed the importance of identity in facilitating knowledge contribution in a virtual context. Identity in virtual communities has been described as playing a vital role in the establishment of personal reputations and in the recognition of others. For instance, reputation systems that rate participants in terms of the quality of their contributions provide a readily available inventory of experts to knowledge seekers. Despite the growing interest in identities, however, there is little empirical research about how identities in the communities influence knowledge contribution. Therefore, the goal of this study is to better understand knowledge contribution by examining the roles of social capital and identity in virtual communities. Based on a theoretical framework of social capital and identity theory, we develop and test a theoretical model and evaluate our hypotheses. Specifically, we propose three variables such as cohesiveness, reciprocity, and commitment, referring to the social capital theory, as antecedents of knowledge contribution in virtual communities. We further posit that members with a strong identity (self-presentation and group identification) contribute more knowledge to virtual communities. We conducted a field study in order to validate our research model. We collected data from 192 members of virtual communities and used the PLS method to analyse the data. The tests of the measurement model confirm that our data set has appropriate discriminant and convergent validity. The results of testing the structural model show that cohesion, reciprocity, and self-presentation significantly influence knowledge contribution, while commitment and group identification do not significantly influence knowledge contribution. Our findings on cohesion and reciprocity are consistent with the previous literature. Contrary to our expectations, commitment did not significantly affect knowledge contribution in virtual communities. This result may be due to the fact that knowledge contribution was voluntary in the virtual communities in our sample. Another plausible explanation for this result may be the self-selection bias for the survey respondents, who are more likely to contribute their knowledge to virtual communities. The relationship between self-presentation and knowledge contribution was found to be significant in virtual communities, supporting the results of prior literature. Group identification did not significantly affect knowledge contribution in this study, inconsistent with the wealth of research that identifies group identification as an important factor for knowledge sharing. This conflicting result calls for future research that examines the role of group identification in knowledge contribution in virtual communities. This study makes a contribution to theory development in the area of knowledge management in general and virtual communities in particular. For practice, the results of this study identify the circumstances under which individual factors would be effective for motivating knowledge contribution to virtual communities.

  • PDF

Derivation and Empirical Analysis of Critical Factors that Facilitate Technology Transfer and Commercialization of Research Outcome (연구성과의 기술이전 및 사업화 촉진요인 도출 및 실증분석)

  • Ku, Bon Chul
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
    • /
    • v.9 no.5
    • /
    • pp.69-81
    • /
    • 2014
  • There is a growing interest in the technology transfer and commercialization both at home and abroad. Accordingly, this study looked at the concept of technology transfer and commercialization, identified the factors that should be taken into account in order to facilitate technology transfer and commercialization, and then performed a empirical analysis. As for the conventional technology transfer and commercialization, there was a tendency to limit its scope to the exploration, transfer and commercialization of technology itself. Here in this research, technology transfer and commercialization is defined the category to expand as various activities implemented in order to make sure that intellectual properties such as intangible technological developments, know-how, and knowledge are transferred between the relevant parties through a contract or negotiation, and the party to which the transfer is made can then further develop and exploit the technology into tangible products and other activities to obtain economic benefit out of that. In addition, the findings of the positive analysis of technology transfer and commercialization revealed that the focus of facilitating technology transfer has been on the technology itself, its management and securing efficiency of the systems and institutions involved in the technology transfer and commercialization. So there was lack of recognition as to the importance of financial support given to the phase of technology commercialization. This indicates that when it comes to the technology transfer and commercialization, quantitative performance has been the focus of interest such as patent application, registration, number of technology transfers, royalty, etc. So there was not enough understanding as to the issues of starting up a business, creating quality jobs through technology transfer and commercialization, which are directly related to the realization of the creative economy. In this regard, this research is expected to be used for the development for the future policies to boost technology transfer and commercialization as it suggests not only simply ensuring quantitative performance but also necessary to create the environment for the creation of the stable ecosystem for the parties involved in the technology transfer and commercialization and then to build circumstances in which creative economy can be realized.

  • PDF

A Study of the Model Christian Familial-Spiritual Education for The Era of Covid-19 (코로나19 시대의 기독교적 가정영성교육 모형: 비블리오드라마를 중심으로)

  • Choi, Eun Taek
    • Journal of Christian Education in Korea
    • /
    • v.63
    • /
    • pp.91-120
    • /
    • 2020
  • This study suggests a spiritual education for the Christian family as a strategy to cope with the risky situation of the Korean Church during the Covid-19 pandemic. Today, we live in a chaotic epoch since the rapid development of the science caused the Fourth Industrial Revolution and the Covid-19 pandemic gave rise to a wide array of changes throughout the society. Korean Church in these circumstances is required to have relevant responses to the kaleidoscopic changes. Especially, not to mention the face-to-face public worship service, in the situation where the congregation members even find it difficult to meet one another in a small group, it becomes a crucial issue how Christians maintain their faith and community in the healthy spirituality. As such, viewing that Christian education within the family will become much more important, this study conducts research for familial-spiritual education. For the research, this paper, first of all, attempts to understand the era of Covid-19. It is to see what the Novel Corona Virus is and what the feature of the epoch of Covid-19 might be. Based upon the understanding, this research discusses what Christian spirituality is asked for and the orientation towards which Christian education should go on. It is particularly to say that a spiritual education for the family becomes integral. The education for the family might be possible through Bibliodrama so that this study establishes a specific model of Christian education employing Bibliodrama. The discussion above shows three academic significances. First, this paper, within the domain of Christian education, suggests an alternative research which is to solve Korean Church's diverse problems caused by Covid-19. Second, this research attempts an analytical understanding of the Covid-19 period within the Christian education area. Finally, when specific and practical research for the field of Christian education during the Covid-19 pandemic is required, this study considers that Christian education within the family is overarching, thus proposing a specific model for familial-spiritual education hiring Bibliodrama.

A study on the Regulatory Environment of the French Distribution Industry and the Intermarche's Management strategies

  • Choi, In-Sik;Lee, Sang-Youn
    • The Journal of Industrial Distribution & Business
    • /
    • v.3 no.1
    • /
    • pp.7-16
    • /
    • 2012
  • Despite the enforcement of SSM control laws such as 'the Law of Developing the Distribution Industry (LDDI)' and 'the Law of Promoting Mutual Cooperation between Large and Small/medium Enterprises (LPMC)' stipulating the business adjustment system, the number of super-supermarkets (SSMs) has ever been expanding in Korea. In France, however, Super Centers are being regulated most strongly and directly in the whole Europe viewing that there is not a single SSM in Paris, which is emphasized to be the outcome from French government's regulation exerted on the opening of large scale retail stores. In France, the authority to approve store opening is deeply centralized and the store opening regulation is a socio-economic regulation driven by economic laws whereas EU strongly regulates the distribution industry. To control the French distribution industry, such seven laws and regulations as Commission départementale d'urbanisme commercial guidelines (CDLIC) (1969), the Royer Law (1973), the Doubin Law (1990), the Sapin Law (1993), the Raffarin Law (1996), solidarite et renouvellement urbains (SRU) (2000), and Loi de modernisation de l'économie (LME) (2009) have been promulgated one by one since the amendment of the Fontanet guidelines, through which commercial adjustment laws and regulations have been complemented and reinforced while regulatory measures have been taken. Even in the course of forming such strong regulatory laws, InterMarche, the largest supermarket chain in France, has been in existence as a global enterprise specialized in retail distribution with over 4,000 stores in Europe. InterMarche's business can be divided largely into two segments of food and non-food. As a supermarket chain, InterMarche's food segment has 2,300 stores in Europe and as a hard-discounter store chain in France, Netto has 420 stores. Restaumarch is a chain of traditional family restaurants and the steak house restaurant chain of Poivre Rouge has 4 restaurants currently. In addition, there are others like Ecomarche which is a supermarket chain for small and medium cities. In the non-food segment, the DIY and gardening chain of Bricomarche has a total of 620 stores in Europe. And the car-related chain of Roady has a total of 158 stores in Europe. There is the clothing chain of Veti as well. In view of InterMarche's management strategies, since its distribution strategy is to sell goods at cheap prices, buying goods cheap only is not enough. In other words, in order to sell goods cheap, it is all important to buy goods cheap, manage them cheap, systemize them cheap, and transport them cheap. In quality assurance, InterMarche has guaranteed the purchase safety for consumers by providing its own private brand products. InterMarche has 90 private brands of its own, thus being the retailer with the largest number of distributor brands in France. In view of its IT service strategy, InterMarche is utilizing a high performance IT system so as to obtainas much of the market information as possible and also to find out the best locations for opening stores. In its global expansion strategy of international alliance, InterMarche has established the ALDIS group together with the distribution enterprises of both Spain and Germany in order to expand its food purchase, whereas in the non-food segment, it has established the ARENA group in alliance with 11 international distribution enterprises. Such strategies of InterMarche have been intended to find out the consumer needs for both price and quality of goods and to secure the purchase and supply networks which are closely localized. It is necessary to cope promptly with the constantly changing circumstances through being unified with relevant regions and by providing diversified customer services as well. In view of the InterMarche's positive policy for promoting local partnerships as well as the assistance for enhancing the local economic structure, implications are existing for those retail distributors of our country.

  • PDF

A Study of Job Satisfaction and Related Factors of the National Hospital Nurses (국립병원 간호사의 직무만족과 관련요인 연구)

  • Suh Gil-Hee;Kim Ok-Hee
    • Journal of Korean Public Health Nursing
    • /
    • v.7 no.2
    • /
    • pp.53-66
    • /
    • 1993
  • By this time, a few of previous studies of factors related to separation from their jobs and job satisfaction only have dealt with the separation rate. the cause of separation and related factors that induce job satisfaction and incentive factors, the actualities of morale some suggestions for reduction of the separation rate. This study is attempted to determine factors that have effect on job satisfaction of national hospital nurses. and to proide information and materials for the development of the administration of nursing through the appreciation of factors influencing on job satisfaction between isolated ward nurses and general ward nurses working at national hospitals. 185 nurses of national hospitals responsed th this study, and were divided into two groups. Group 1: 57 nurses working at isolated wards for tuberculosis patients and Group 2 : 128 nurses at general wards. Relevant data were collected from August, 5, 1992 through August 20, 1992. The questionnaire consisted of 8 genalized items and 4 items concerning job satisfaction. The collected data were processed with SPSS, and the relationship among vaviables was analyzed by means of $X^2-test$, Pearson Correlation, Multiple Regression. The results of this study are as follows: 1. There is no significant difference between two groups in terms of generalized items. Age distributions show $44.3\%$ under the category of less than 34. and $55.7\%$ under the category more than 35, $19.3%$ was single and $74.6\%$ was married respectively. 2. $79.4\%$ of the nurses have the desire to have in-service education under the satisfactory physical environments such as welfare system, accommodating structures and facilities, instruments or management systems of the hospital, but under the category of unsatisfactory circumstances, $60.3\%$ have the intention of having in- service education. The concern in terms of in-service education shows statistically significant difference between two groups $(X^2=8.85,\;p<0. 05)$. This result accepts the hypothesis that good physical environments could intensify interests in service education. 3. The extent of satisfaction related to psychological environments is heightend according to good physical environments. In result, the hypothesis that the extent of satisfaction in terms of physical environments could raise satisfaction about psychological environment is accepted. 4. In the light of the extent of satisfaction about physical environments, $33.3\%$ of isolated ward nurses are satisfied with physical environments, but only $11.7\%$ of general ward nurses are satisfied. $(X^2=10.88,\; p<0.01)$. This result shows that the satisfaction degree about phusicalenvironments of isolated war nurses was higher than that of general ward nurses in spite of high physical and psychological risks due to exposure to infection. Consequently. the hypothesis was rejected that the satisfaction degree about physical environments would be lower in isolated ward nurses than in general ward nurses. 5. The fact that $87.7%$ of isolated ward nurses took interest in service education and $53.19\%$ of general ward nurses took interest in service education demonstrats that isolated ward nurse have more interest in service education than gerneral ward nurses. The result shows that the hypothesis is accepted that isolated ward nurses would have mor interests in service education than general ward nurses. 6. In the extent of satisfaction about physical environments such as morale human relationship promotion, there is no significant difference between two groups in terms of statistics. The hypothesis is rejected that satisfaction about psychologic environments would be high in isolated ward nurses than in general ward nurses. In conclusion. factors influencing on job satisfaction are considered to have effect on. another, and also interdisciplinary amelioration of factors accompanied with systematic inter cooperative investigation is necessary.

  • PDF

Study on the State Leadership's Safety Measures Regarding the North Korean Threat of Weapons of Mass Destruction - Focuses on the Threat of North Korean Nuclear Weapons (북한 대량살상무기 위협에 대한 국가지도부 안전대책에 관한 연구 - 북한 핵무기 위협을 중심으로)

  • Choi, Kee-Nam
    • Korean Security Journal
    • /
    • no.37
    • /
    • pp.325-354
    • /
    • 2013
  • The concept of national security and the fundamental system for crisis management have departed from traditional methods and the importance of a national critical infrastructure crisis management has been emphasized. A national critical infrastructure crisis means a situation where human resource, material and functional system that may have a material effect on the critical functions of the government, the vitality and integrity of society, national economy and the safety of the public becomes disabled due to causes such as terrorism or major disasters. Although North Korea had been subject to numerous rounds of negotiations and sanctions as it continually developed nuclear weapons since the 1960s, it has also showed off its nuclear armaments through successful nuclear testings and missile launches. As the development and threat of North Korea's weapons of mass destruction becomes more noticeable and the range of its risk expands, this study focuses on the potential for an absence of leadership for national crisis management where the country's leadership, which should serve the critical role and function of handling national crises, becomes completely destroyed by the unexpected initial attacks by North Korea. As a result, the purpose of this study is to propose safety measures for the country's leadership in preparation for North Korea's threat of nuclear weapons by examining the concept and degree of risk of weapons of mass destruction with a focus on nuclear weapons, analyzing the substance of the threat of North Korean nuclear weapons and evaluating such threat. In conclusion, first, to ensure the normal functioning of a national crisis management system in the event of a national crisis, we must seek safety measures that conform to the scope and succession order of the leadership of the national crisis management for an Enduring Constitutional Government (ECG) and the Continuity Of Operations (COOP). Second, in the event of a national ceremony, the gathering of the country's leadership all together in an open place should be avoided. In unavoidable circumstances, the next in rank that will act on behalf of the current leader should be designated and relevant safety measures should be taken. Third, during time of peace, in preparation for national crises, the scope of protection for the country's leadership should be prescribed and specific security and safety measures should be implemented. Fourth, the succession order for acting president in the case of the death of the president pursuant to Articles 71 and 26(1) of the National Government Organization Act should reconsidered to see whether it is a reasonable provision that takes into consideration a national crisis management that corresponds to the threat of North Korean nuclear weapons and weapons of mass destruction. Pursuant to the Basic Guidelines for National Crisis Management set out under Presidential Directive No. 229, the Korean government is currently operating a case-by-case "crisis management standard manual" and its sub-manuals and has also prepared the Presidential Security Service's security and safety measure regulations regarding the acting president. Therefore, the Korean government should actualize the above points in the case-by-case crisis management standard manual and security and safety measure regulations regarding the acting president to implement and legislate them.

  • PDF

The Study of Comparative Legal Review According to Data Exclusivity of Pharmaceutical Marketing Authorization - In preparation for the development of drugs and vaccine of COVID-19 - (의약품 자료독점권(Data Exclusivity)에 대한 비교법적 고찰 - COVID-19 치료제 및 백신 개발을 대비하여 -)

  • Park, Jeehye
    • The Korean Society of Law and Medicine
    • /
    • v.21 no.1
    • /
    • pp.223-259
    • /
    • 2020
  • With COVID-19 spreading rapidly around the world, research and development issues on treatments and vaccines for the virus are of high interest. Among them, Remdesivir was the first to show noticeable therapeutic effects and began clinical trials, with each country authorizing the use of the drug through emergency approval. However, Gilead Co., Ltd., the developer of Remdesivir, received a lot of criticism from civic groups for submitting the application for the marketing authorization as an orphan drug. This is because when a new drug got a marketing authorization as an orphan drug could be granted an exclusive status for seven year. The long-term exclusive status of an orphan drug comes from the policy purpose of motivating pharmaceutical companies to develop treatment opportunities for patients suffering from rare diseases, which was not appropriate to apply to infectious disease treatments. This paper provides a review of the problems and improvement directions of the domestic system through comparative legal consideration against the United States, Europe and Japan for the statutes which give exclusive status to medicines. The domestic system has a fundamental problem that it does not have explicit provisions in the statute in the manner of granting exclusive status, and that it uses the review system to give it exclusive status indirectly. In addition, in the case of orphan drugs, the "Rare Diseases Management Act" and the "Regulations on Examination of Items Permission and Reporting of Drugs" provide overlapping review periods, and despite the relatively long monopoly period, there seems to be no check clause to recover exclusive status in the event of a change in circumstances. Given that biopharmaceuticals are difficult to obtain patents, the lack of such provisions is a pity of domestic legislation, although granting exclusive rights may be a great motivation to induce drug development. In the United States, given that the first biosimilar also has a one-year monopoly period, it can be interpreted that domestic legislation is quite strictly limited to granting exclusive status to biopharmaceuticals. The need for improvement of the domestic system will be recognized in that it could undermine local pharmaceutical companies' willingness to develop biopharmaceuticals in the future, and in that it is also necessary to harmonize international regulations. Taking advantage of the emergence of COVID-19 as an opportunity, we look again at the problems of the domestic system that grants exclusive rights to medicines and hope that an overall revision of the relevant legislation will be made to establish a unified legal basis.

The Settlement of Conflict in International Space Activities (우주활동에 있어서 분쟁의 해결과 예방)

  • Lee, Young-Jin
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.25 no.1
    • /
    • pp.159-203
    • /
    • 2010
  • Together with the development of space science outer space law has become one of the most rapidly developing branches of international law. This reflects a general realization that these new activities must be subject to reasonable legal regulation if they are to serve the peaceful purposes of mankind without undue confusion and disorder. The exploration and use of outer space introduces many novel opportunities and dilemmas, and inspired insights are needed in the development of this new resource. In particular, the settlement of space law disputes is a relatively new discussion in international law. However, the significance of the settlement of space law disputes was acknowledged in various colloquia organized by legal academicians and practitioners around the world. Analysis of the dispute settlement provisions in space agreements plainly reveals the degree to which States persist to be mistrustful of any impingement to their sovereignty. They are reluctant to submit disputes to adjudication and binding arbitration, particularly when these provisions are negotiated between States which have dissimilar political, economic and social interests and demography. However, there is a slow but clear shift in this attitude as States realize the contemporary political, economic and technical pressures necessitating the lifting of the veil of State sovereignty. The development of an effective mechanism for the settlement of disputes arising in relation to the development of the exploration and exploitation of outer space has been the subject of global study by highly qualified publicists and international institutions. The 1972 Liability Convention is the space treaty with the most elaborate provisions for dispute settlement. However, it fails to ensure binding decisions. In this point, the 1998 Taipei Final Draft Convention may be a useful instrument for further consideration on whether an independent sectorialized dispute settlement mechanism should be established. Considering these circumstances it seemed essential to take legislative action to implement a system as comprehensive as the relevant legal framework are in the Law of the Sea and International Criminal Law mechanisms for dispute settlement and conflict avoidance from outer space activities.

  • PDF

A Study on the Effects of Brand Individuality of Specialty Coffee Shops on Brand Loyalty (커피 전문점의 브랜드 개성이 브랜드 충성도에 미치는 영향에 관한 연구)

  • Kim, Joon-Seok;Choi, Sung-Hwan
    • Culinary science and hospitality research
    • /
    • v.17 no.1
    • /
    • pp.124-141
    • /
    • 2011
  • The domestic food culture in Korea has gone through great changes, among which dining out is considered most prominent. These changes are caused by a number of factors: development of several related industries, increase in dining out chances, diversification of consumer needs, change in consumption awareness and quality, increase in disposable income, women's advance into the society, etc. Under these circumstances, the fast food industry has been experiencing slow growth, whereas family restaurants and take out coffee franchises are consistently increasing the number of restaurants and shops as a part of aggressive management to increase sales. This study aims, first, to examine the effects of consumer's brand individuality and satisfaction on brand trust, brand emotion, brand identification, and brand loyalty of specialty coffee shops. Subsequently, this study observes how consumer's brand individuality and satisfaction affect the formation of brand trust, brand emotion, brand identification, and brand loyalty in accordance with preferred type of specialty coffee shops, frequency of experience, and life style in order to establish relevant strategies. The results of this study are as follows. First, brand individuality had a positive effect on customer satisfaction. Second, customer satisfaction had a positive effect on brand trust. Third, customer satisfaction had a positive effect on brand loyalty. Fourth, customer satisfaction had a positive effect on brand emotion. Fifth, brand trust had a positive effect on brand loyalty. Sixth, brand emotion had a positive effect on brand loyalty. These results have the following implications. First, the dimensions of brand individuality are presented as a means to form brand loyalty, thereby demonstrating the significance of the effect. Accordingly, developing a proper brand individuality in forming brand loyalty is imperative. Second, consumers using specialty coffee shops had the greatest effect on the relation between dimensions of brand individuality and customer satisfaction in this study, while the interrelation between customer satisfaction and brand loyalty was not concretely supported in the preceding studies.

  • PDF