• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.29
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• pp.39-61
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• 2006

The governing law in international commercial arbitration may be divided into governing arbitration law and governing substantive law. The former governs the parties' arbitration agreement and the conduct of any subsequent arbitration. But the later governs the parties' substantive rights and obligations, which means the law that governs contract formation and performance, and the law to be applied by the arbitrator to the merits of the dispute. The purpose of this paper is to examine how to determine the substantive governing law when there is express choice or implied choice between parties. Moreover this author checked any restrictions on party autonomy and also any possibilities to deviate from the governing law. In case of express choice the sources of the law or rules of law might be the national law of one of the parties, the neutral law, the general principles of law or lex mercatoria according to the arbitration law selected by the arbitral tribunal. Some arbitration laws or rules empower the arbitrator to decide the case ex aequo et bono or to act as amiable compositions. If the governing law could be determined expressly or impliedly by the parties, the arbitral tribunal would make a selection. In this case the criteria for selecting a governing law are not exactly same from country to country. But failing any indication by the parties as to governing law, the arbitral tribunal should apply the rules of law, the law or the law under the rule of conflict that the arbitrators consider applicable, according to the governing arbitration law. Among the connecting factors offered by the conflict rules, (which means the factors that the arbitrators consider applicable), some legal systems give precedence to the formation of the contract, other system to the place of performance of the contract, and others to the closest connection or centre of gravity. But the Rome Convention, which unified the conflict rules of the contracting states, gives precedence to the law of the domicile of the party which has to effect the performance which is characteristic of the contract. Finally this author suggested the Choice of Law Clause which covers governing substantive law and governing arbitration law at the same time. Thus the UNIDROIT Principles as well as any national law may be included as a governing law in international arbitration. So when we make sales or service contract, we should take into consideration of the UNIDROIT Principles as a governing law or a supplement to the governing law.

• Journal of Distribution Science
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• v.13 no.12
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• pp.41-52
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• 2015

Purpose - Given globalization, the new niche market of medical tourism is likely to experience sustainable growth for various reasons, such as aging populations and a shift in the medical consumerism paradigm toward prevention. Importantly, understanding medical customers' behavior is necessary to benefit from a competitive advantage in this industry. The existing research primarily accessed the key factors of medical quality and costs to explain health customers' behavior but is limited in terms of enabling an understanding of the decision process. This limitation exists because, given the intangibility and greater associated risks in the highly professional industry of international medical tourism, most customers lack the knowledge and experience needed to evaluate the central factors-such as the medical competence of health care countries-before purchases. Therefore, they actively search for useful information through various distributions to reduce uncertainty and to make better choices. Interestingly, most of these information channels are associated with word-of-mouth (WOM). However, no evidence is found in the literature to estimate the effect of WOM in the medical tourism field. Thus, this study focuses on WOM to explore its interaction with key medical characteristic factors and the attractiveness of destinations referred to by sources. This study also affects customers' evaluations and, in turn, influences their intention to seek health care services abroad. Research design, data, and methodology - The literature review addressed an interesting research model for estimating the relations among WOM, medical characteristics, attractiveness, and customers' choice intention regarding international health care. In the key economic regions in China, such as Beijing, Shanghai, Jiangsu, Shandong, and Guangdong, 2,500 survey questionnaires were distributed to potential customers of different ages, education, and income levels. A resulting 1,717 (68.68 percent of the original 2,500) usable surveys were obtained for analysis. Moderated regression analysis was used to determine the effects of WOM in the decision process regarding international health care destinations. Results - The results indicate that WOM is a good moderator of the relationships between the factors evaluated by sources and customers. More importantly, the WOM effects reflect the factors of tie strength, credibility, and vividness. The results also reveal that, given the moderating role of WOM, the intention of potential Chinese customers to seek the referred health care country varies according to the medical characteristics of medical competency and reputation as evaluated by customers. In contrast, the travel attractiveness of the attractions, facilities, accessibility, and social environment are critical determinants of destination choice intention. Conclusions - The moderating role of WOM has been confirmed through the international healthcare destination selection process. Medical tourism managers should user WOM as an effective marketing tool for industry development. Specially, marketers should consider the effects of WOM determinants, such as tie strength, credibility, and vividness, to develop an effective strategy. Furthermore, this study estimates the factors that affect customers' selection of medical tourism destinations. Health care managers or policy makers should consider a broad variety of variables that may attract more Chinese customers to international health care.

• Journal of Digital Convergence
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• v.18 no.1
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• pp.257-263
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• 2020

This study was conducted to improve the quality of National Health Policy by analysing the effects of sociodemographic characteristics, Medical institutions characteristics and characteristics of Admission-Discharge on the length of stay in hospital for schizophrenic patients from the data of Health Insurance Review & Assessment Service. The subjects were 4,692 patients who were diagnosed with schizophrenia as main diagnosis from the data records of HIRA-NIS 2016. Regression analysis was performed to evaluate the effect on the length of stay. Sociodemographic characteristics, hospital characteristics and characteristics of Admission-Discharge were used as explanatory variables and length of stay in hospital was used as a dependent variable. The result of study showed that female, age, medical aid, the kind of hospital, gangweon-do and with mental disease were found to be the factors that affect the length of stay. The significance of this study is to use the public data for evaluating factors that affect the length of stay in hospital for schizophrenic patients. But this study did not consider disease severity, so further study is needed for evaluation of the effects of factors on the length of stay according to disease severity.

• Korean Journal of Child Studies
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• v.1
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• pp.94-106
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• 1980

The issue presented in this paper are as follows: 1. Legislative actions of welfare-related law for the exceptional children. The legislative base for the evolution has been yet weak and ambigous at best for a formalization of what should be considered accepted practice and effective action in providing handicapped child and their parents educational rights and equal protection of the law. And they are under remote control of partial factor subject to social welfare law for children, and public law for education, promotion law for the exceptional child education, protection law for public aids. 2. Organization of government for the welfare services for the exceptional children. There is no sing of a push toward consolidation of effort for the welfare service of the exceptional children in this country that seeks to recapture a sense of unity, of coherence, of completeness from a reality made up of discontinuous fragments of humanitarian effora This presently that. as for the education of the exceptional child, by the section of the exceptional education in MOE (Ministry of Education), and/or as for welfare services and promotion actions, by the section of child welfare in MHSA (Ministry of Health and Social Affairs). One door type operation rooted in the specialization, and limited resources to evolve multi-purpose agencies that undertake to provide a broad range of tangible and concrete services, as well as supportive counselling and assessment, under a single management which plans and directs the allocations of resources, should be followed. 3. Facilities and recruitment of teachers for the exceptional children. In this country there are 54 facilities for special services, 56 schools for the exceptional education, and 3 colleges and equavalents that provide teacher training services leading to certification with IIO annual graduates. However, curriculum for exceptional children should be rearranged and reconstructed. Conclusion; Only as for social welfare institutions in community, this country produced a succession of specific purpose activities, over period of time, that accumulated to form the present network of hundreds of social welfare organizations and facilities Periodically major efforts were launched to revitalize or to improve the help-giving system. But they lack specialization to be effective, and the nature of multi-purpose center tends to be vague for the classified handicapped. Therefore, there, should be linkage between policy maker and community services to maintain some coherenty in preventive care, treatment, and after cares. At last, the effects of the current concept "the exceptional child" involved with their families, and their neighborhood should be considered in view of the people who consist about 25% of the total population.

• International Commerce and Information Review
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• v.15 no.4
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• pp.391-418
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• 2013

The development of web 2.0 technologies created the popularization of social media. People use social media for information communication with many purposes. Under such an environment, this paper examines the acceptance of word-of-mouth information dissemination through social media. The determinants of acceptance and the effect of acceptance on purchase intention as the result of information on social media pertaining to overseas tourism are researched in detail. The consumer choice for international travel involves a decision making with high uncertainty and thus people are using the word of mouth information strongly. Empirical analysis using SPSS, AMOS analysis software was performed on sample data consisting of 385 collected surveys. This paper shows the neutrality of eWOM, the professionalism of senders, and that the practicability of eWOM significantly affects the acceptance of the information. In addition, the acceptance of eWOM information has a significant effect on the spread of eWOM and customers' purchase intention. The paper shows that the practicability of information and the professionalism of word-of-mouth information should be improved.

• Korean Business Review
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• v.18 no.1
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• pp.59-79
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• 2005

recently, world is progressing large quantity consumption with continuous Innovation and economic growth and pollution is accelerated at these process. Increase of industry activity and service that is point of corporation activity is discharging environmental pollutants at whole process to manufacture of end product and exhaust process from acquisition of raw material for accompanied product production hereupon. At the same time, being promoting resources consumption by that use much raw material, As a result, is becoming obstacle factors in sustainable development. So, corporation's responsibility for environmental protection is emphasized. Corporation which must prepare in green round or environmental problems should consider environmental effects that is happened over whole life of products that include waste treatment after raw material acquisition and use as well as selling end product simply. A Life Cycle Assessment techniques is normalized and standardized in International Standard Organization for technical committee 207(TC 207) world widely, and effort to apply in corporation's activity because mastering LCA techniques in domestic several corporations is undergone actively. Coming into effect of Kyoto's Protocol and International Organization for Standard 14000 series revision are presenting new survival principle in competition between country or corporation. LCA technique may become very useful means to corporation which wish to attempt environment management in real condition that awareness for environment is important. Also, An LCA to each product is going to cause big effects in corporation's whole image as well as competitive power raising for single product. Therefore, this research wishes to examine some instances for the future competitive product development at the estimation of environmental friendliness using LCA techniques and more theoretical considerations of the LCA techniques that can dominate corporation's fate.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.32 no.5D
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• pp.473-481
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• 2012

Demand of Natural Gas (NG) consumption is continuously increasing by long service life and low environmental impact than other fossil fuels. Because of this reasons, Gas wells exploration and huge LNG plant construction project are being boosted world-widely. Especially, overseas NG pipe-line projects are emerging by considering safe and efficiency at the inter-country sections. At the same time, Korean contractors are being achieved to record-breaking performance at 2011's overseas construction market and 80% of new-record was attained from overseas plant construction projects. Nevertheless, Korean contractors are behind than overseas leading contractors by geographical distance from gas wells and concentrated demand for storage plant. In these reasons, this paper aims to develop the standardized business process model(BPM) for overseas NG pipe-line project at project planning phase to support the project entry. To this aim, first of all, extract the BPM through the broad literature and overseas construction market review and domestic/overseas pipe-line project analysis. Second, Test-bed was performed to confirm of practical applicability by 4 experts. And then 15 experts survey were performed to validate the usability and effectiveness of BPM for overseas NG pipe-line project. Consequently, if Korean contractors are using this BPM with their own know-how and experiences, it will be returned to more reasonable and rational references for decision making in overseas NG pipe-line project.

• Management & Information Systems Review
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• v.35 no.2
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• pp.27-44
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• 2016

In recent year, graphic emoticons in MIM(Mobile Instant Messenger) play an important role not as a valuable communication methods, but as main business model for MIM service providers. Although the graphic emoticons in MIM are regarded as a commercial product, there has been little systematic research reflecting consumers' perspectives. In order to fill this theoretical and practice gap, the study is designed to explore the structural relationships among emoticon use motives, attitude, and purchasing intention to emoticons in context of MIM. The results showed that emoticon use motives in MIM were composed of two main factors, perceived usefulness and perceived enjoyment. And we also verified that both perceived usefulness and perceived enjoyment positively impact flow in communication with using emoticons and social influence. Lastly, flow and social influence were positively related to attitude toward using emoticons and attitude also was related to purchase intention to emoticons in MIM, positively. However, flow and social influence did not have a positive influence on purchase intention to emoticons directly. The implications and limitations of this study are also discussed.

• Korean Journal of Biological Psychiatry
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• v.26 no.2
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• pp.39-46
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• 2019

Antidepressants are widely used to treat depression in Korea, however, only a few studies have focused on the provider of the treatment. The aim of the study is to compare the differences between patients who were prescribed antidepressants by psychiatrists and those who were prescribed antidepressants by non-psychiatrists in South Korea. Patients with a diagnosis of depressive disorder who had been newly prescribed antidepressants in 2012 were selected from the Health Insurance Review and Assessment Service database. They were classified into two groups depending on whether they received the antidepressant prescription from a psychiatrist or non-psychiatrist. Sociodemographic, clinical, and depression related cost has been investigated. Treatment resistant depression, which is defined as a failure of two antidepressant regimens to alleviate symptoms, was also investigated. Prescription adequacy was assessed based on whether a regimen was maintained for at least 4 weeks. Among the 834694 patients with pharmaceutically treated depression (PTD) examined in this study, 326122 (39.1%) were treated by psychiatrists. Patients who were treated by psychiatrists were younger and had more psychiatric comorbidities than those treated by non-psychiatrists. They had longer PTD duration (229.3 days vs. 103.0 days, p < 0.05) and a larger proportion of treatment resistant depression (9.3% of PTD) when compared to those patients treated by non-psychiatrists. The patients treated by psychiatrists had a smaller proportion of inadequate antidepressant use compared to those patients in the non-psychiatrist group (44.5% vs. 65.1%, p < 0.05). The costs related to depression corrected with PTD duration were higher in the non-psychiatrist group (32214 won vs. 56001 won, p < 0.05). Patients who receive antidepressants from psychiatrists are patients with more severe, treatment-resistant depression. Psychiatrists prescribe antidepressants more adequately and cost- effectively than non-psychiatrists.

• Journal of Korean Tunnelling and Underground Space Association
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• v.19 no.6
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• pp.1029-1044
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• 2017

The Discrete Element Method (DEM) is one of the useful numerical methods to analyze the behavior of the ground formation by computing the motion and interaction using particles. The DEM has not been applied in civil engineering but also a wide range of industrial fields, such as chemical engineering, pharmacy, material science, food engineering, etc. In this study, to review a performance of the spoke-type earth pressure balance (EPB) shield TBM (Tunnel Boring Machine), the commercial software based on the DEM technology was used. An analysis of the TBM during excavation was conducted according to two pre-defined excavation conditions with the different rotation speed of a cutterhead. During the analysis, the resistant torque at the face of the cutterhead, the compressive force at the cutterhead and shield surface, the muck discharge at the screw auger were measured and compared. Upon the two kinds of excavation conditions, the applicability of the DEM analysis was reviewed as a modelling method for the TBM.