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A Case Study on the Risk Sharing Structure of Service Contracts in Global Logistics Outsourcing: Comparison of Korea with Foreign Companies (국제물류 계약에서 리스크 공유에 대한 계약서 조항 사례연구 : 국내와 해외 기업 간 비교를 중심으로)

  • Kim, Jin-Su;Song, Sang-Hwa
    • International Commerce and Information Review
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    • v.15 no.1
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    • pp.35-65
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    • 2013
  • In December 2012, the Ministry of Land, Transport and Maritime Affairs and Ministry of Knowledge Economy held a commission and distributed a standardized logistics contract between the shipper and the logistics companies in order to spread and to promote contract standardization. With such background in place, this study examines the leading research on different types and attributions in present logistics contracts in order to propose guidelines for creating contract clauses that would lead to a win-win relationship among the parties involved in the logistics outsourcing relationships. This study further compares and contrasts the concreteness of local and international logistics contracts through case studies, and provides practical thought-provoking points on concretization of clauses on potential risks and additional expenses for local logistics companies when signing logistics contracts. Firstly, the composition and contents of both local and international logistics contracts are similar in the way that both deal with the basic principles between the concerned parties such as the following: contract terms, validity, scope of work, operational procedures, payment terms, and dispute resolutions. Secondly, for flexibility of potential dispute resolution, both logistics contracts define the definition of dispute and follow the classical contractual approach of dispute resolution through third-party arbitration. Thirdly, compared to local contracts, international logistics contracts provide more concretized and specific clauses on the occurrence of potential risks and hazards; on the other hand, compared to international logistics contracts, it seemed that local contracts contained more clauses in favor of the shipper. This research then suggests ideas to eliminate the classic tradition - logistics companies enduring the damages that occur as a result of the structural differences between the shipper and the logistics companies - through efforts to actively negotiate in advance the predictable problems and risks and by reflecting the mutually agreed points in the contract, and further offers guidelines on contract concretization for distribution of standardized logistics contracts in the future.

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The Current Status and Prospect of Presidential Records Management (대통령기록관리의 현황과 전망)

  • Zoh, Young-Sam
    • The Korean Journal of Archival Studies
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    • no.21
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    • pp.283-322
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    • 2009
  • Legislation and enforcement of the Presidential Records Management Law was an important turning point in Korean archival management history. In the past, the notion of presidential records was vague. The law was a starting point of establishing presidential records management. The Presidential Records Management Law provides the definition of presidential records and its scope, and establishes the protection of presidential records through restricted access to the records. The key to the law is to enable a president freely to produce records and transfer them to the next administration without omission. In other words, it aims to stop the practice that presidential records are produced but never be left. But, 'disputes over the release of presidential records' and the disclosing of access-restricted presidential records presented a crisis to national records management as well as the prospect of presidential records management, even if they were 'legal procedures.' The instability of presidential records management could give a serious impact on the national records management and its operation. Amid this situation, it is required to review the presidential records management system and provide recommendations for improvement, even if the enforcement of law has just started. The most urgent things in improving presidential records management are to secure its independence, specialty, and to complement restricted access to presidential records. For securing independency, presidential records management should be done by a separate organization other than the National Archives of Korea while for promoting specialty, a newly established organization could serve as a professional archive. And for complementing restricted access to the presidential records, the access should be more limited. In other words, more discretion is needed in permitting access. And more specific regulations should be applied to the permitted records. However, these regulatory actions may not have effects unless independency is not secured. Thus, more fundamentally, independency of the National Archives of Korea should be first established.

Social Worker's Experience of NEET Youth Support Project : Focusing on the Vision Plan (청년니트(NEET) 지원 사업에 대한 종합사회복지관 사회복지사의 경험 : 희망플랜 사업을 중심으로)

  • Noh, Hyejin;Lee, Bongjoo;Park, Mihee;Park, Hojun
    • Korean Journal of Social Welfare Studies
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    • v.49 no.2
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    • pp.125-157
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    • 2018
  • In the reality that the seriousness and concern about the youth problem is increasing, this study focuses on the vision plan project supporting the NEET youth in the social welfare field. Therefore, this study analyzed how the social workers recognized the NEET problem before participating in the project, what difficulties they experienced in the process of the project, and how they coped with these difficulties. The results of the study are as follows. Social workers were saddened by the seriousness of the youth problem before their participation, but they recognized that there was no way to solve it and many social workers were not fully aware of the youth or NEET issues. In this context, in the course of running a project with NEET youth, social workers experienced difficulties due to the nature of the NEET youth, difficulty in forming a relationship with NEET youth, and difficulties for young people not to spend time in the program. And social workers also faced difficulties due to the lack of know-how in the project, difficulties in operating the center alone, and difficulty in achieving employment goals. In the process of coping with these difficulties, social workers have actively sought, persuaded and supported the NEET youths to participate in the project, adapted the time, place and method to the youth, and removed the stigmatization element in the project. They also worked closely with local residents, local institutions and municipalities, formed networks, and changed the viewpoint of providing work experience rather than getting young people, but seeing long-term outcome. As a result, social workers have experienced not only individual change but also social welfare organization, field, community and local institutional change. Based on these results, this study suggested that the social welfare practice field should provide various activities in the process of supporting the youth gap year policy. In addition, this study suggests that the social workers play a role in connecting various actors rather than suppliers when working with young people, and that the social welfare field should expand the scope of project to include youth.

The development and application of the descriptive evaluation questionnaire on the Clothing and Textiles section of the middle school Technology & Home Economics textbook (중학교 기술.가정 의생활영역의 서술형 평가문항 개발 및 적용)

  • Lee, Soo-Kyung;Lee, Hye-Ja
    • Journal of Korean Home Economics Education Association
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    • v.23 no.3
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    • pp.69-90
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    • 2011
  • To develop the descriptive evaluation questionnaire with high validity and reliability on the Clothing and Textiles section of the middle school Technology & Hone Economics textbook, apply it to students and analyze its results. We made out a draft for descriptive evaluation questionnaire that was based upon the concrete establishment of the goal and the range of evaluation. We also made a rubric for scoring as well as sample answer-sheets. Finally, we completed a total of twenty three descriptive evaluation questions and we applied it to sixty five 2nd-grade students in two classes in a middle school. Descriptive evaluation questionnaire exhibited the relative high validity on each question. Moreover, three graders gave the same score on each question of descriptive evaluation, suggesting that descriptive evaluation questionnaire has the high inter-grader reliability and the strong correlation. But, low academic achievement was generally observed in the subjects. They had difficulty in describing their knowledge via their own language and drawing up accurate and detailed answers. They recognized the positive aspects of descriptive evaluation questionnaire, but they felt it uncomfortable due to study-burden and description itself. To overcome these limitations, it is required that students should experience various materials related to subject contents in classes as well as textbooks, concentrate themselves on finding solutions for problems, expand their scope, and practice describe them in advance. Therefore, the additional training for description evaluation questionnaire will be necessary for the more efficient and discriminative questionnaire. Also the questionnaire with high validity and reliability should be developed and the aggressive and voluntary participation of teachers will be needed.

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A Review on the Dominant Undertaking's Abuse in the Medical Device Market (시장지배적 의료기기 사업자의 경쟁제한적 차별행위 - 지멘스 사건을 중심으로 -)

  • Jeong, Jae Hun
    • The Korean Society of Law and Medicine
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    • v.23 no.1
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    • pp.81-119
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    • 2022
  • Medical device market is strongly related with health care market. Public regulation in medical device market tends to be more lenient than health care market. In this market, competition law, administrative law and intellectual property law are intertwined, and thereby a variety of legal issues could be developed. Recently, dominant undertaking's abuse case was dealt with KFTC(Korea Fair Trade Commission) and Seoul High Court. The issues were whether dominant undertaking discriminated trading partners and this discrimination was anticompetitive. In this case, Seoul High Court revoked the KFTC's decision, holding that the undertaking did not harm competition, though it has dominant power in the relevant medical device market. This decision would be a meaningful precedent, not only that there have been small numbers of dominance abuse cases in Korea, but also that this case happened in medical device market. This case dealt with various issues like market definition, market power, alleged abuse and its anticompetitive effect. The court held that medical device markets are distinguished from medical device repairing market. However, the court did not clarify that medical device repairing market is a single branded market only for repairing the plaintiff's medical devices. Second, plaintiff's dominance is based on the lock-in effect, which means that hospitals could not switch devices like CT or MRI from plaintiff to other competitors. This could be supplemented from the fact that medical devices are expensive and the using period are significantly long. However market definition based on single branded market theory could be applied in rare and exceptional cases. Therefore the general application of single branded market theory might result in overestimate of market power. This type of abuse pattern requires improper condition contrary to resonable trade practice. KFTC asserted free charge for plaintiff's copy right. However, it is not clear whether the cases for free charge are general or not. Even if so, the intention and motive of providers for free charge should be proved. The main issue of anticompetitive effect was whether plaintiff raised rival's cost. Competitor's cost was increased due to plaintiff's copy right and its license fee. However the charge for license could be within the scope of fair and legal exercise of copy right. If competitors are excluded due to legal exercise of copy right or efficiency, the exclusionary abuse could not be proved.

A Study of the Curriculum Design Modelling Focused on the Combination of National Competency Standards and the Already-Accredited Course in the Department of Social Welfare in the Junior College (과정이수형 자격제도 운영 학과의 NCS 기반 교육과정 설계모형 연구 - 전문대학 사회복지과를 중심으로)

  • Park, Yong Woon;Kim, Kyoung Mee;Yoo, Tae Wan
    • The Journal of the Korea Contents Association
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    • v.16 no.2
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    • pp.652-665
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    • 2016
  • National Competency Standards or NCS is an educational system that emphasizes developing job-related abilities. Therefore it will be an effective solution in training field-oriented work forces if properly applied. However, in the department of social welfare, it is not easy to apply NCS to the curriculum since most academic subjects concerning social welfare focus not on practice but on theory and in addition, most of social welfare departments in junior colleges have an accredited curriculum for the 2nd degree of the social worker qualification. This means it is preposterous if NCS is applied to the curriculum without prior changes in the existing qualification system. So, this paper proposes a draft model to apply NCS to the already-accredited curriculum for the 2nd degree social workers in the junior colleges and details are as follows. Firstly, the competency units will be customized for the existing academic subjects in the curriculum rather than developing new subjects in accordance with NCS competency units. Secondly, some client-related competency units including children, seniors, the disabled are newly developed and then applied to the curriculum, which are crucial for the career development at the junior college level. Thirdly, the competency units are categorized into three types in accordance with the degree of job relevancy - type 1, type 2, type 3. Fourthly, four out of 11 basic job abilities are selected and then developed into academic subjects. Fifthly, all competency units concerning the main job market are regarded as one virtual competency unit and then arranged in the order of type 1s, type 2s and type 3s and then the scope of their study is adjusted to the job abilities required at the main job market.

An integrated Method of New Casuistry and Specified Principlism as Nursing Ethics Methodology (새로운 간호윤리학 방법론;통합된 사례방법론)

  • Um, Young-Rhan
    • Journal of Korean Academy of Nursing Administration
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    • v.3 no.1
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    • pp.51-64
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    • 1997
  • The purpose of the study was to introduce an integrated approach of new Casuistry and specified principlism in resolving ethical problems and studying nursing ethics. In studying clinical ethics and nursing ethics, there is no systematic research method. While nurses often experience ethical dilemmas in practice, much of previous research on nursing ethics has focused merely on describing the existing problems. In addition, ethists presented theoretical analysis and critics rather than providing the specific problems solving strategies. There is a need in clinical situations for an integrated method which can provide the objective description for existing problem situations as well as specific problem solving methods. We inherit two distinct ways of discussing ethical issues. One of these frames these issues in terms of principles, rules, and other general ideas; the other focuses on the specific features of particular kinds of moral cases. In the first way general ethical rules relate to specific moral cases in a theoretical manner, with universal rules serving as "axioms" from which particular moral judgments are deduced as theorems. In the seconds, this relation is frankly practical. with general moral rules serving as "maxims", which can be fully understood only in terms of the paradigmatic cases that define their meaning and force. Theoretical arguments are structured in ways that free them from any dependence on the circumstances of their presentation and ensure them a validity of a kind that is not affected by the practical context of use. In formal arguments particular conclusions are deduced from("entailed by") the initial axioms or universal principles that are the apex of the argument. So the truth or certainty that attaches to those axioms flows downward to the specific instances to be "proved". In the language of formal logic, the axioms are major premises, the facts that specify the present instance are minor premises, and the conclusion to be "proved" is deduced (follows necessarily) from the initial presises. Practical arguments, by contrast, involve a wider range of factors than formal deductions and are read with an eye to their occasion of use. Instead of aiming at strict entailments, they draw on the outcomes of previous experience, carrying over the procedures used to resolve earlier problems and reapply them in new problmatic situations. Practical arguments depend for their power on how closely the present circumstances resemble those of the earlier precedent cases for which this particular type of argument was originally devised. So. in practical arguments, the truths and certitudes established in the precedent cases pass sideways, so as to provide "resolutions" of later problems. In the language of rational analysis, the facts of the present case define the gounds on which any resolution must be based; the general considerations that carried wight in similar situations provide warrants that help settle future cases. So the resolution of any problem holds good presumptively; its strengh depends on the similarities between the present case and the prededents; and its soundness can be challenged (or rebutted) in situations that are recognized ans exceptional. Jonsen & Toulmin (1988), and Jonsen (1991) introduce New Casuistry as a practical method. The oxford English Dictionary defines casuistry quite accurately as "that part of ethics which resolves cases of conscience, applying the general rules of religion and morality to particular instances in which circumstances alter cases or in which there appears to be a conflict of duties." They modified the casuistry of the medieval ages to use in clinical situations which is characterized by "the typology of cases and the analogy as an inference method". A case is the unit of analysis. The structure of case was made with interaction of situation and moral rules. The situation is what surrounds or stands around. The moral rule is the essence of case. The analogy can be objective because "the grounds, the warrants, the theoretical backing, the modal qualifiers" are identified in the cases. The specified principlism was the method that Degrazia (1992) integrated the principlism and the specification introduced by Richardson (1990). In this method, the principle is specified by adding information about limitations of the scope and restricting the range of the principle. This should be substantive qualifications. The integrated method is an combination of the New Casuistry and the specified principlism. For example, the study was "Ethical problems experienced by nurses in the care of terminally ill patients"(Um, 1994). A semi-structured in-depth interview was conducted for fifteen nurses who mainly took care of terminally ill patients. The first stage, twenty one cases were identified as relevant to the topic, and then were classified to four types of problems. For instance, one of these types was the patient's refusal of care. The second stage, the ethical problems in the case were defined, and then the case was analyzed. This was to analyze the reasons, the ethical values, and the related ethical principles in the cases. Then the interpretation was synthetically done by integration of the result of analysis and the situation. The third stage was the ordering phase of the cases, which was done according to the result of the interpretation and the common principles in the cases. The first two stages describe the methodology of new casuistry, and the final stage was for the methodology of the specified principlism. The common principles were the principle of autonomy and the principle of caring. The principle of autonomy was specified; when competent patients refused care, nurse should discontinue the care to respect for the patients' decision. The principle of caring was also specified; when the competent patients refused care, nurses should continue to provide the care in spite of the patients' refusal to preserve their life. These specification may lead the opposite behavior, which emphasizes the importance of nurse's will and intentions to make their decision in the clinical situations.

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SKU recommender system for retail stores that carry identical brands using collaborative filtering and hybrid filtering (협업 필터링 및 하이브리드 필터링을 이용한 동종 브랜드 판매 매장간(間) 취급 SKU 추천 시스템)

  • Joe, Denis Yongmin;Nam, Kihwan
    • Journal of Intelligence and Information Systems
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    • v.23 no.4
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    • pp.77-110
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    • 2017
  • Recently, the diversification and individualization of consumption patterns through the web and mobile devices based on the Internet have been rapid. As this happens, the efficient operation of the offline store, which is a traditional distribution channel, has become more important. In order to raise both the sales and profits of stores, stores need to supply and sell the most attractive products to consumers in a timely manner. However, there is a lack of research on which SKUs, out of many products, can increase sales probability and reduce inventory costs. In particular, if a company sells products through multiple in-store stores across multiple locations, it would be helpful to increase sales and profitability of stores if SKUs appealing to customers are recommended. In this study, the recommender system (recommender system such as collaborative filtering and hybrid filtering), which has been used for personalization recommendation, is suggested by SKU recommendation method of a store unit of a distribution company that handles a homogeneous brand through a plurality of sales stores by country and region. We calculated the similarity of each store by using the purchase data of each store's handling items, filtering the collaboration according to the sales history of each store by each SKU, and finally recommending the individual SKU to the store. In addition, the store is classified into four clusters through PCA (Principal Component Analysis) and cluster analysis (Clustering) using the store profile data. The recommendation system is implemented by the hybrid filtering method that applies the collaborative filtering in each cluster and measured the performance of both methods based on actual sales data. Most of the existing recommendation systems have been studied by recommending items such as movies and music to the users. In practice, industrial applications have also become popular. In the meantime, there has been little research on recommending SKUs for each store by applying these recommendation systems, which have been mainly dealt with in the field of personalization services, to the store units of distributors handling similar brands. If the recommendation method of the existing recommendation methodology was 'the individual field', this study expanded the scope of the store beyond the individual domain through a plurality of sales stores by country and region and dealt with the store unit of the distribution company handling the same brand SKU while suggesting a recommendation method. In addition, if the existing recommendation system is limited to online, it is recommended to apply the data mining technique to develop an algorithm suitable for expanding to the store area rather than expanding the utilization range offline and analyzing based on the existing individual. The significance of the results of this study is that the personalization recommendation algorithm is applied to a plurality of sales outlets handling the same brand. A meaningful result is derived and a concrete methodology that can be constructed and used as a system for actual companies is proposed. It is also meaningful that this is the first attempt to expand the research area of the academic field related to the existing recommendation system, which was focused on the personalization domain, to a sales store of a company handling the same brand. From 05 to 03 in 2014, the number of stores' sales volume of the top 100 SKUs are limited to 52 SKUs by collaborative filtering and the hybrid filtering method SKU recommended. We compared the performance of the two recommendation methods by totaling the sales results. The reason for comparing the two recommendation methods is that the recommendation method of this study is defined as the reference model in which offline collaborative filtering is applied to demonstrate higher performance than the existing recommendation method. The results of this model are compared with the Hybrid filtering method, which is a model that reflects the characteristics of the offline store view. The proposed method showed a higher performance than the existing recommendation method. The proposed method was proved by using actual sales data of large Korean apparel companies. In this study, we propose a method to extend the recommendation system of the individual level to the group level and to efficiently approach it. In addition to the theoretical framework, which is of great value.