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A Study on the Vicarious Liability of Employers in China - Focus on Article 35 of Tort Liability Law - (중국의 사용자책임에 관한 연구 - 불법행위책임법 제35조를 중심으로 -)

  • SONG, Soo-Ryun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.77
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    • pp.285-304
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    • 2018
  • With the development of market economy, it has been a legislative trend to establish a system for vicarious liability of employers. China also established Tort Liability Law of People's Republic of China in 2009 and ruled responsibility of the employers for the acts for their employees through Art. 35. First, the employer's right to indemnity to an employee should be recognized, because employer's superintendence is much weak and economic power is similar between them. Second, an employer should take a responsibility for an unpaid employee as vicarious liability, because the Law did not exclude them from employees. Lastly, in case the Law conflicts with Interpretation of the Supreme People's Court on Certain Issues Concerning the Application of Law in Trying Cases Involving Compensation for Personal Damage, the Law should be regarded it has priority based on several related Principles. Regarding these matters, this study guides you to an analysis of vicarious liability of employers in China, benefits with a view to the perfection of the vicarious liability regime.

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The Effect of Management Disclosure and Analysis on the Stock Crash Risk: Evidence from Korea

  • Lee, A-Young;Chae, Soo-Joon
    • The Journal of Asian Finance, Economics and Business
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    • v.5 no.4
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    • pp.67-72
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    • 2018
  • The purpose of this study is to investigate the effect of quality of management discussion and analysis (MD&A) disclosure on stock price crash risk. The MD&A can be seen to reflect the management's intention on public announcement and reveals directly what the management says to communicate with outside investors. A firm's high-quality MD&A implies the management's commitment to communicating with the market, not allowing the managers to have incentives to hoard unfavorable news, which if revealed to the public, may lead to downward stock price corrections, damaging corporate values. The high-quality MD&A is, thus, likely to reduce the stock price crash risk. We use a logistic regression to test whether MD&A influences crash risk using listed companies in the Korean Stock Exchange (KSE) stock market between 2010 and 2013. Findings of the empirical test show that the higher the quality of MD&A, the less likely crash risk appears, implying that the MD&A disclosed adequately can be one of the factors mitigating firm's stock price crash risk. This study has implications as it presents the MD&A disclosure as a factor influencing stock price crash risk and suggests voluntary disclosure as well as mandatory disclosure acts as a variable that explains the risk of stock price crash.

Purification and Characterization of an Extradiol Dioxygenase Which Preferentially Acts on 4-Methylcatechol

  • Ha, You-Mee;Jung, Young-Hee;Kwon, Dae-Young;Kim, Young-Chang;Kim, Young-Soo;Kim, Chy-Kyung;Min, Kyung-Hee
    • Journal of Microbiology and Biotechnology
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    • v.9 no.3
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    • pp.249-254
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    • 1999
  • A catechol 2,3-dioxygenase (C23O) was purified to apparent homogeneity from Pseudomonas putida SU10 through several purification steps consisting of ammonium sulfate precipitation and chromatographies on DEAE 5PW, Superdex S-200, and Resource-Q. Gel filtration indicated a molecular mass under nondenaturing conditions of about 130 kDa. The enzyme has a subunit of 34 kDa as was determined by SDS-PAGE. These results suggest that the native enzyme is composed of four identical subunits. The N-terminal amino acid sequence (30 residues) of the enzyme has been determined and exhibits high identity with other extradiol dioxygenases. The reactivity of this enzyme towards catechol and methyl-substituted catechols is somewhat different from that seen for other catechol 2,3-dioxygenases, with 4-methylcatechol cleaved at a higher rate than catechol or 3-methylcatechol. $K_m$ values of the enzyme for these substrates are between 3.5 and 5.7 M.

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Analysis on Negative Media Report of Wolsong Nuclear Power Plant's Heavy Water Leakage: Analysis on Daily Newspaper Report of Wolsong Nuclear Power Plant's Heavy Water Leakage Incident during the Month of October 1999 (월성 원자력발전소 중수 누출에 대한 언론의 부정적 보도 분석 : 주요 일간지의 1999년 10월 한 달간 월성 원자력발전소 중수 노출 사고 기사 내용 분석)

  • Lee, Sang Dae
    • Journal of Energy Engineering
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    • v.21 no.3
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    • pp.203-210
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    • 2012
  • Nuclear power provides 30% of our country's power, which acts as one of the most important power sources. But on March 11, 2011, the earthquake that hit Northeast Japan with a 9.0 magnitude, known as the Fukushima Reactor Leak Incident has created fear in the public's mind that 'nuclear power is unstable'. The reason for such distrust are many but inaccurate reports of the incident by the media has added to the fear. This paper will analyze the contents of the media report of the heavy water leakage in reactor 3 at the Wolsong Nuclear Power Plant on October 4, 1999 to discover the problematic areas and ascertain a more appropriate method of media coverage.

The Characteristic of Vascular Plants in Cornus officinalis Farmland in Gurye which Designated as Korea's Important Agricultural Heritage System (국가중요농업유산 구례 산수유 농업지의 관속식물상 특성)

  • Kim, Jin-Won;Oh, Choong-Hyeon
    • Journal of Korean Society of Rural Planning
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    • v.24 no.2
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    • pp.101-107
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    • 2018
  • This study has been conducted to understand the relationships such as interspecific interactions between species and landscapes within and outside of agricultural land by identifying the flora features of Cornus officinalis farmlands in Gurye which designated as Korea's Important Agricultural Heritage System. For this, the flora of vascular plants was surveyed in every land uses of two representative districts. These two districts represent the own features of Cornus officinalis farming area which including land uses like forests(especially pine tree), valley, farmland(rice paddy, farms, Cornus officinalis farmland), and residence. Also differences in flora by stone wall's existence and Cornus officinalis's DBH were surveyed. As a result, Cornus officinalis farmlands showed the various vascular plants than the other land uses. According to the existence of stone wall in Cornus officinalis farmlands, there were no differences in appearance flora. But the flora in Cornus officinalis farmlands which have different Cornus officinalis' DBH(Divided into average over 15cm and under 8cm), various plants were showed in average over 15cm than average under 8cm. In conclusion, Cornus officinalis farmlands have been actively engaged in various types of land use and species exchanges, including forests, valleys, villages, and fields, and it has been confirmed that it acts as an ecological axis connecting forests to villages.

Estimation of Evapotranspiration in a Forest Watershed in Central Korea (중부(中部) 산림(山林) 지역(地域)의 증발산량(蒸發散量) 추정(推定))

  • Kim, Jesu
    • Journal of Korean Society of Forest Science
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    • v.88 no.1
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    • pp.86-92
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    • 1999
  • Evapotranspiration is one of important variables affecting ecosystem processes such as vegetation distribution and growth. It acts as a limiting factor for natural water resource management. The transpiration of vegetation is mainly determined by climatic factors. The lower slope of the study area was densely forested with Pinus densiflora S. et Z. of 8 m height, and the upper slope was covered with poorly grown Pinus densiflora S. et Z. and Quercus trees. The amount of evapotranspiration was estimated to 590.3 mm/yr by annual water budget method. The canopy resistance of Penman-Monteith model was determined as 99 s/m. Seasonal evapotranspiration can be estimated with the calculated evaporation and the canopy resistance. The amount of evapotranspiration peaked in May. That is considered from both the direct evaporation of intercepted rainfall and the transpiration of vegetation during the dry spring season.

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Contested terrain - Conflicts between BOK(body of knowledge) of interior design and HSW(health, safety, welfare) ethos of profession - (갈등의 영역 - 실내디자인의 지식체계와 프로페션의 건강, 안전, 복지 에토스와의 갈등 -)

  • Kim, Duk-Su
    • Korean Institute of Interior Design Journal
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    • v.21 no.6
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    • pp.177-185
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    • 2012
  • The endowed privilege to an established profession acts as an important motivation related to professionalization of occupations. The established profession enjoys cognitive, legal, and economic privilege. This study analyzes the professionalization process of interior design. Specifically, the study evaluates the suitability of the body of knowledge and professional ethos(i.e., protection of citizen's health, safety, and welfare), while analyzing the professionalization of interior design in the United States. The research aims at proposing a reference point for the professionalization of Korean interior design. Utilized data include research paper, court sentencing, and reports published by related professional organizations. The study concludes that 3E's are a means of professionalization of interior design, while separating interior design from interior decorating. In addition, there is no evidence to the protection of citizen's HSW. Rather, it increases service costs and restricts the job opportunities. When the public is not persuaded, the argument related to the necessity of license for the protecting citizen's HSW can be consumed as a mere rhetoric, concealing intentions for formulating a cartel. Thus, this study proposes that the professionalization of interior design may focus on the establishment of identity and body of knowledge, which are specific to interior design.

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Development of Green Economy via Commercialization of Green Technologies: Experience of Kazakhstan

  • Mukhtarova, Karlygash S.;Zhidebekkyzy, Aknur
    • The Journal of Asian Finance, Economics and Business
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    • v.2 no.4
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    • pp.21-29
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    • 2015
  • Green technologies are essential tools to ensure sustainable development of the economy. In this regard, the article deals with analysis of the development tendency of green economy in Kazakhstan emphasizing commercialization of green technologies. In the first part of the study, authors investigated more than 50 official sources of information, including laws, concepts, programs, events and reviews of major international organizations. The study's methodological basis included Kazakhstan's legislative and regulatory Acts, state programs and Concept for transition to Green economy, and data about innovations in the field of green technologies. Six experts were interviewed in order to determine factors which interfere to commercialization of green technologies. Urgent problems and trends of development, challenges and obstacles to gain green economy have also been identified in the result of expert interviewing. The research shows that despite Kazakhstan's intentions to update and develop much of its infrastructure over the coming 20 years, inefficient use of resources is currently observed in every sector. It is necessary to encourage scientists and entrepreneurs to invent and commercialize new green technologies. That would be basis for successful implementation of transition from "brown" to green economy.

Russia and China in Central Asia: Deepening Tensions in the Relationship

  • WILSON, JEANNE L.
    • Acta Via Serica
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    • v.6 no.1
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    • pp.55-90
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    • 2021
  • In the last several decades, and especially since the Chinese launching of the Belt and Road (BRI) initiative in 2013, the Chinese presence in Central Asia has intensified. Russia and Chinese leaders deny that there is any conflict of interests between them, while the standard narrative has been that the two states adhere to a functional division of tasks in which China concentrates on economic activity while Russia acts as the security guarantor for the region. This article argues that the professed equanimity between the Russian and Chinese leaderships masks the emergence of widening cracks in their relationship with regard to Central Asia. The convenient narrative of a functional division of tasks between the two states is called into question by China's increasingly active presence in the military and security sector in the region, but China's influence is growing throughout the Central Asian economic, political, and social order. China's movement into Central Asia challenges Russia's claim to act as an equal partner of China, as well as its pretensions to regional hegemony. This development reflects the widening disparity between the two states with respect to their power capabilities but it also exposes the interactions between Russia and China in Central Asia as the most vulnerable aspect of their relationship. In Central Asia, a defensive Russia encounters an ascendant China.

Comparison of the Characteristics of Air Trade Import and Export between Countries with FTA and Non-FTA Countries (FTA 체결국과 비체결국의 항공무역 수출입 특성 비교)

  • Park, Beom-Sun;Lim, Jae-Hwan;Kim, Young-Rok;Kim, In-Bae
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.29 no.4
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    • pp.153-159
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    • 2021
  • In this study, based on actual data for the past 20 years, the factors affecting aviation trade were identified by classifying the countries that concluded FTAs with Korea and those that did not, through panel analysis. The amount was analyzed by dividing it into exports and imports, and differences between countries with FTAs and non-FTAs were also derived. As a result of the analysis, both exports and imports showed a positive(+) direction for the counterpart country's GDP per capita and Korea's GDP, and a negative(-) direction for the counterpart country's GDP and Korea's per capita GDP in the case of a country that signed an FTA. On the other hand, in the case of non-FTA countries, the GDP of both countries showed a positive(+) direction and per capita GDP showed a negative(-) direction. International oil prices did not show any significant results. As such, the results of the analysis of exports and imports are similar, but the difference is that the GDP variable acts in different directions between countries with and without FTAs.