• Journal of Intelligence and Information Systems
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• v.28 no.1
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• pp.29-43
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• 2022

With the advent of the Internet and the development of mobile digital devices such as smartphones and tablet PCs, the communication service paradigm began to shift from existing voice services to data services. Recently, as social network services (SNS) are activated and 4th industrial revolution technologies centered on ICT (Information and Communication Technologies) such as Big Data, Blockchain, Cloud, and 5G/6G are rapidly developed, the amount of shared data type and the amount of data are increasing rapidly. As the transition to a digital society begins actively, the importance of using data information, as well as the economic and social values of personal information are becoming increasingly important. As a result, they are actively discussing policies to revitalize the data information industry around the world and ways to efficiently obtain, analyze, and utilize increasingly diverse and vast data, as well as to protect/guarantee the rights of information subjects (providers) in various fields such as society, culture, economy, and politics.. In this paper, in order to improve the self-determination right of personal information on data produced by information subjects, and further expand the use of safe data and the data economy, a differentiated data trusts system was considered and suggested. In addition, the components and data trusts procedures necessary to efficiently operate the data trusts system in Korea were considered, and the non-profit data trusts system and the for-profit data trusts system were considered as a way to flexibly operate the data trusts system. Furthermore, the legal items necessary for the implementation of the data trusts system were investigated and considered. In this paper, in order to propose a domestic data trusts system, cases related to existing data trusts systems such as the United States, Japan, and Korea were reviewed and analyzed. In addition, in order to prepare legislation necessary for the data trusts system, data-related laws in major countries and domestic legal and policy trends were reviewed to study the rights that conflict or overlap with existing laws, and differences were investigated and considered. The Data trusts system proposed in this paper is a reasonable system that is expected to recognize the asset value of data in the capitalist market economy system, to provide legitimate compensation for data produced by data subjects, and further to contribute greatly to the use of safe data and creation of a new service market.

• The Korean Society of Law and Medicine
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• v.20 no.2
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• pp.207-229
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• 2019

It is a general recognition that more serious criminal acts in a certain area of society should be given more serious condemation than the same general crimnal act. In particular, considering the purpose of the medical treatment and the trust relationship between the doctor and the patient, the sexual violence by doctor in medical field can not be placed on the same line as that of the general public. But the special legislation to solve this through criminal legal sanctions is not desirable. The basic principle of criminal law ist ultima ratio, so the principle of supplementality. It means to try to solve by all possible means and finally to enter with punishment. A flat and hasty Reaction without the considering of the speciality of medical treatment will cause serious cracking in that area. In addition, it will not be able to expect desirable results in legal practice by breaking down the legal system. Rather, administrative regulation is more efficient than punishment sanctions. But the best way is autonomous control by members of the medical area. Penalties in criminal law must make an enterance at the last, and administrative regulation should be timely intervene in specific situations through diversification. In conclusion, state interventions should be farthest in order to proceed to autonomous control of medical area.

• The Journal of Industrial Distribution & Business
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• v.9 no.9
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• pp.63-74
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• 2018

Purpose - The current study is to compare the cognition of stakeholders on hosting a mega sports event between Korea and the United States. In particular, to understand their cognition and perceptual conflict towards hosting a mega sports event, the study employed conflict theory. Furthermore, the study reviewed the role of social capital in the process of managing the mega sports events. Research Design, Data, and Methodology - Of homogeneous sampling, purposeful sampling method and criterion-based selection approach were used to collect interview data from key stakeholders who have been involved in hosting a mega sports events in Korea and the United States. In-depth interview transcripts were reviewed multiple tiems after transcription to extract concepts and meanings that were pertinenet to the experience involving hosting a mega sports event. Further member checks was conducted to increase the credibility of the results. Results - Results can be summarized as followed: First, stakeholders of Korea have a strong desire for positive economic effects of a mega sports event, compared to those in the United States who are more concerned in enhancing the public interests and concerns. Second, in Korea, various socio-political issues emerged at the same time and conflicts among multiple stakeholders have aggravated the situations to coordinate the issues. This was because legal system supporting socio-trust has not been established. On the other hand, major stakeholders of the United States consisted of community members who have socio-trust and networks. Thereby these social resources have been found playing a key role in building social capital that assists the stakeholders to coordinate the current issues and to solve them. Conclusions - The current study analyzed the cognition and perceptual conflict of stakehoders in a mega sports event. Social capital has beend found as a key catalyst to increase a network and cooperation among stakeholders. In order to enhance social capital in managing a mega sports event hosted in Korea, legal systems that establish networks and relationships among the related stakeholders need to be developed. Furthermore, the systematic guideline needs to be developed, organizing the sub-committees according to the types of stakeholders and the categorized common needs.

• Journal of Distribution Science
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• v.9 no.2
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• pp.97-109
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• 2011

As a marketing vehicle to survive in intensified retailing competition, retailer brand development has been adopted by retailers in Korea. As evidence, the retailer brand share of a major retailer, Tesco Korea, has grown from 20% in 2007 to 22.8% in the first half of 2008. It means that retailers have provided more and more retailer brand foods for customers. With the growing accessibility to retailer brand foods, it would be expected that the number of retailer brand food claims will increase. Customers have increasingly exposed to a variety of marketing activities conducted by retailers. When buying the retailer brand foods, customers tend to be affected by marketing activities of retailers. Despite the fact that customers trust retailers and then, buy their brand foods, in case of food accidents caused by production process, customers have to seek compensation from a retailer brand supplier. Of course, a retailer tends to shift its responsibility to its suppliers. Accordingly, it is not easy for customers to solve food claims. The research, therefore, aims at exploring the relationship between the buying-decision processes of retailer brand customers and which side takes legal responsibility for food claims. To effectively achieve the research aim, the author adopted a quantitative and a qualitative research technique, in order to supplement the disadvantages of each method. Before field research, based on the developed research model, the author pre-tested questionnaire with 10 samples, amended, and handed out to 400 samples. Amongst them, 316 questionnaires are available. For a focus group interview, 9 participants were recruited, who are students, housewives, and full-time workers, aged from 20s to 40s. Through the focus group interview as well as the questionnaire results, it was found that most customers were influenced by a retailer or store image in a customer's mind, retailer reputation and promotional activities. Surprisingly, customers think that the name of a retailer is a more important factor than who produces retailer brand foods, even though many customers check a retailer brand supplier, when making a buying-decision. Rather than retailer brand suppliers, customers trust retailers. That is why they purchase retailer brands. Nevertheless, production-related food claims is not involved with retailers. In fact, it would be difficult for customers to distinguish whether a food claim is related to selling or manufacturing processes. Based on research results, from a customer perspective, the research suggests that the government should require retailers to take the whole responsibility for retailer brand food claims, preventing retailers from passing the buck to retailer brand suppliers. In case of food claims, in order for customers to easily get the compensation, it is necessary to reconsider the current system. If so, retailers have to fully get involved in retailer brand production stage, and further, the customer awareness of retailer brands will be improved than ever before. Retailers cannot help taking care of the whole processes of retailer brand development, because of responsibility. As a result, the process to seek compensation for food claims might become easier, and further, the protection of customer right might be improved.

• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.91-122
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• 2014

For a variety of reasons, the number of medical disputes is continuously rising. Due to the intrinsic qualities of medical treatments, one would find it more apt to subject medical disputes to general conflict resolution procedures rather than to once-for-all decisions under legal suits. To address the increasing medical disputes with greater professionalism and efficiency, the Medical Disputes Mediation Act was enacted and a medical dispute mediation system put in place, while drawbacks have been blamed to both. The current mediation procedures require the respondent's agreement as a disclosure requirement. A reasonable improvement to this would be to amend the regulation of agreement supposition, or to enforce procedural participation only to public health facilities managed by the national or regional government. Furthermore, small claims cases of 20 million KRW or less in claim may be considered for conciliation-prepositive principle. The concentration on small claim medical disputes is a phenomenon that can be addressed by carrying out maximum authentication commissions or similar measures, one of the solutions by enhancing the public trust in the Korea Medical Dispute Mediation and Arbitration Agency. The proper management of medical authentication teams is one way to address the existing problems in the authentication system. For this, the number of team members shall be increased under more flexible authentication procedures. All indemnity resources for medical accidents of force majeure must be borne by the Government, for it is the body principally responsible for social compensation. Placing this cost on the establisher of the subject medical facility holds the possibility of violating fundamental rights. While the costs for subrogation payment system for damages may be borne by the healthcare facility establisher, a deposit-based system must be created for cases in which the facility shuts down, without holding the responsibility for accident cause. Such change to a deposit-based system will evade the controversies of unconstitutionality, etc.

• Journal of Arbitration Studies
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• v.18 no.3
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• pp.117-138
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• 2008

This study lies on building the International Standardization of China Arbitration System for improving a relationship of mutual trust and the safety trade between China and other worldwide countries, especially, South Korea as their one of the biggest trading partners through the comparative analysis of China and UNCITRAL Arbitration Law. In this analysis, the differences from China and UNCITRAL in arbitration law are like belows ; lack of arbitrator's international mind, the limitation of private property right, prohibition of Ad. hoc arbitration, arbitrator's biased nationalism, localism, and their short specialties. a deficiency of the objectiveness for arbitrator's election, a judgement rejection of claimants by using nonattendance and walkout, impossibility of prior and temporary property custody for execution of arbitration award. etc. For the improvement of the International Standardization of China Arbitration, this paper propose as follows: 1) Extension of private property right, reorganization of tax system, realization of open competition, exclusion of 'Sinocentrism', globalization of arbitration system 2) The abolition of old fashioned bureaucracy with approval for ad.hoc arbitration 3) An education for arbitrator's internationalization, specialty, and to promote legal knowledge 4) A settlement of the third country arbitrators' selection for reflecting interested party's decision by the court in a selection system of arbitration committee. 5) Institutionalization of arbitration judgment that prevent for claimant's avoidance by using a withdrawal and an intentional absent 6) A permission of the right of claimant's court custody directly before the begging of arbitration request for the prevention for destruction of evidence and property concealment 7) Grant of the arbitration tribunal's interim measures of protection for private property preservation to the third party, proof security, prevention from the loss that selling the corruptible goods 8) Improvement of arbitration's efficiency from the exclusion of the obstacles that are forgery, concealed evidence, and arbitrator's bribe taking Lastly, I hope that this study will serve to promote friendly economic relationship between China and South Korea and strive for international equilibrium through the achievement of China Arbitration's International Standardization. I will finish this paper with a firm belief that this will lead to more advanced studies.

• Journal of Popular Narrative
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• v.25 no.2
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• pp.73-116
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• 2019

In recent years, television dramas have adopted an emerging approach of imagining a just society via fantasy. This study set out to examine by stages the patterns of social justice in I Hear Your Voice, Pinocchio, and While You Were Sleeping written by Park Hye-ryeon, who has been leading this trend. I Hear Your Voice shows why social justice is needed, as it is set against the backdrop of a society in which legal justice has collapsed. In this drama, the collapse of the legal justice system indicates that democratic society is falling apart at the roots. As a result, pain and suffering is propagated among the petit bourgeois, with social justice being demanded as an alternative to this problematic reality. The supernatural power of reading the thoughts of others is used to remind viewers of the value of truth and trust and raises the possibility of the existence of a true heart as an alternative from a social justice perspective. Set in a society in which media justice is distorted, Pinocchio makes an attempt at changing ideas about social justice. In this drama, the corrupt media justice covers up truth and becomes a parasite to power, creating victims that are falsely accused. In this situation, the Pinocchio Syndrome, which makes people hiccup when telling a lie, shows paradoxically that truth can be distorted, and ultimately destroys absoluteness that is not truth. Finally, While You Were Sleeping inherits the world views of the two previous dramas and proposes a type of social justice called 'common good' as an alternative. A completely unfair society is created when legal justice collapses and media justice is distorted. In this situation, the ability to see the future is an ability to imagine a world of possibilities. Altruistic choices based on trust in others help us to realize a positive future. Social justice as common good to enable solidarity among subjects in a way that transcends the limitations of time and space is proposed as an alternative to overcome the problem of an unfair society. Given the recent reality of South Korean society, this common good and these ways of life might literally seem like a fantasy. When social justice is represented by efforts and reconstruction processes to overcome the current social issues and make a better future, common good based on the understanding and sympathy of others can be an alternative to improve a reality that is problematic at its root. Ultimately, Park's three works explore the feasibility of a just society that is yet to come from the aspect of the common good.

• Korea Journal of Hospital Management
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• v.22 no.3
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• pp.74-87
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• 2017

Purposes: The purpose is to establish the direction of healthcare R&D through private nonprofit organization. Methodology: The data is divided into two groups: 12 physicians and pharmacists, and 16 persons including professors related to university donation, non-profit foundation executives. Each group was subjected to two Delphi surveys. To analyze the validity of the opinion, the content validity ratio and the consensus of experts were verified. Findings: Funding should be invested in 'development research' and 'application research'. The factors that hinder the donation culture are 'donation prevention system such as tax imposition system and rebate double penalty system', 'insufficient motivation of fund raising person', and 'lack of fund specializing specialist'. The fund raising strategy should be centered on a small number of large donors or a balance between large and small donors. The fund raising target should be effective to raise funds for corporate and individual donors. It is necessary to clarify the purpose of the social problem to be solved by the campaign strategy for promoting donation, to announce the validity of the trust and transparency of the institution, and to emphasize the social investment by the private sector. Practical Implications: It is necessary to present directions through private nonprofit organizations for the future development of healthcare R&D. The legal and institutional deficiencies of the domestic nonprofit organization fundraising infrastructure should be improved. In order to create a social investment climate, it is necessary to improve the awareness of donations and develop various donation programs for the private sector.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.34 no.4
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• pp.801-809
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• 2024

In the digital age, the importance of personal information has magnified, underscoring the need for enhanced personal information protection, especially within public institutions. Despite ongoing efforts since 2007, significant breaches in public sector information underline persistent vulnerabilities. This study advocates for a transition from a diagnostic to an assessment framework to fortify privacy management in public institutions, as mandated by recent legislative revisions. The amended Personal Information Protection Act introduces an assessment approach, aiming to comprehensively assess and mitigate risks by expanding the scope of evaluation and implementing robust regulatory measures. This study examines the limitations of the current diagnostic practices through literature review and case analysis and proposes a systematic approach to adopting the new assesment system. By enhancing the assessment framework, the study expects to improve the effectiveness of personal information management in public institutions, thereby restoring public trust and ensuring a stable progression into a more secure digital era. The transition to an assessment system is designed not only to address the gaps in the current framework but also to provide a methodical assessment that supports ongoing improvement and compliance with enhanced legal standards.

• Journal of Global Scholars of Marketing Science
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• v.18 no.4
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• pp.61-118
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• 2008

The purpose of this research is to construct research framework for international franchising based on existing literature and to identify research components in the framework. Franchise can be defined as management styles that allow franchisee use various management assets of franchisor in order to make or sell product or service. It can be divided into product distribution franchise that is designed to sell products and business format franchise that is designed for running it as business whatever its form is. International franchising can be defined as a way of internationalization of franchisor to foreign country by providing its business format or package to franchisee of host country. International franchising is growing fast for last four decades but academic research on this is quite limited. Especially in Korea, research about international franchising is carried out on by case study format with single case or empirical study format with survey based on domestic franchise theory. Therefore, this paper tries to review existing literature on international franchising research, providing research framework, and then stimulating new research on this field. International franchising research components include motives and environmental factors for decision of expanding to international franchising, entrance modes and development plan for international franchising, contracts and management strategy of international franchising, and various performance measures from different perspectives. First, motives of international franchising are fee collection from franchisee. Also it provides easier way to expanding to foreign country. The other motives including increase total sales volume, occupying better strategic position, getting quality resources, and improving efficiency. Environmental factors that facilitating international franchising encompasses economic condition, trend, and legal or political factors in host and/or home countries. In addition, control power and risk management capability of franchisor plays critical role in successful franchising contract. Final decision to enter foreign country via franchising is determined by numerous factors like history, size, growth, competitiveness, management system, bonding capability, industry characteristics of franchisor. After deciding to enter into foreign country, franchisor needs to set entrance modes of international franchising. Within contractual mode, there are master franchising and area developing franchising, licensing, direct franchising, and joint venture. Theories about entrance mode selection contain concepts of efficiency, knowledge-based approach, competence-based approach, agent theory, and governance cost. The next step after entrance decision is operation strategy. Operation strategy starts with selecting a target city and a target country for franchising. In order to finding, screening targets, franchisor needs to collect information about candidates. Critical information includes brand patent, commercial laws, regulations, market conditions, country risk, and industry analysis. After selecting a target city in target country, franchisor needs to select franchisee, in other word, partner. The first important criteria for selecting partners are financial credibility and capability, possession of real estate. And cultural similarity and knowledge about franchisor and/or home country are also recognized as critical criteria. The most important element in operating strategy is legal document between franchisor and franchisee with home and host countries. Terms and conditions in legal documents give objective information about characteristics of franchising agreement for academic research. Legal documents have definitions of terminology, territory and exclusivity, agreement of term, initial fee, continuing fees, clearing currency, and rights about sub-franchising. Also, legal documents could have terms about softer elements like training program and operation manual. And harder elements like law competent court and terms of expiration. Next element in operating strategy is about product and service. Especially for business format franchising, product/service deliverable, benefit communicators, system identifiers (architectural features), and format facilitators are listed for product/service strategic elements. Another important decision on product/service is standardization vs. customization. The rationale behind standardization is cost reduction, efficiency, consistency, image congruence, brand awareness, and competitiveness on price. Also standardization enables large scale R&D and innovative change in management style. Another element in operating strategy is control management. The simple way to control franchise contract is relying on legal terms, contractual control system. There are other control systems, administrative control system and ethical control system. Contractual control system is a coercive source of power, but franchisor usually doesn't want to use legal power since it doesn't help to build up positive relationship. Instead, self-regulation is widely used. Administrative control system uses control mechanism from ordinary work relationship. Its main component is supporting activities to franchisee and communication method. For example, franchisor provides advertising, training, manual, and delivery, then franchisee follows franchisor's direction. Another component is building franchisor's brand power. The last research element is performance factor of international franchising. Performance elements can be divided into franchisor's performance and franchisee's performance. The conceptual performance measures of franchisor are simple but not easy to obtain objectively. They are profit, sale, cost, experience, and brand power. The performance measures of franchisee are mostly about benefits of host country. They contain small business development, promotion of employment, introduction of new business model, and level up technology status. There are indirect benefits, like increase of tax, refinement of corporate citizenship, regional economic clustering, and improvement of international balance. In addition to those, host country gets socio-cultural change other than economic effects. It includes demographic change, social trend, customer value change, social communication, and social globalization. Sometimes it is called as westernization or McDonaldization of society. In addition, the paper reviews on theories that have been frequently applied to international franchising research, such as agent theory, resource-based view, transaction cost theory, organizational learning theory, and international expansion theories. Resource based theory is used in strategic decision based on resources, like decision about entrance and cooperation depending on resources of franchisee and franchisor. Transaction cost theory can be applied in determination of mutual trust or satisfaction of franchising players. Agent theory tries to explain strategic decision for reducing problem caused by utilizing agent, for example research on control system in franchising agreements. Organizational Learning theory is relatively new in franchising research. It assumes organization tries to maximize performance and learning of organization. In addition, Internalization theory advocates strategic decision of direct investment for removing inefficiency of market transaction and is applied in research on terms of contract. And oligopolistic competition theory is used to explain various entry modes for international expansion. Competency theory support strategic decision of utilizing key competitive advantage. Furthermore, research methodologies including qualitative and quantitative methodologies are suggested for more rigorous international franchising research. Quantitative research needs more real data other than survey data which is usually respondent's judgment. In order to verify theory more rigorously, research based on real data is essential. However, real quantitative data is quite hard to get. The qualitative research other than single case study is also highly recommended. Since international franchising has limited number of applications, scientific research based on grounded theory and ethnography study can be used. Scientific case study is differentiated with single case study on its data collection method and analysis method. The key concept is triangulation in measurement, logical coding and comparison. Finally, it provides overall research direction for international franchising after summarizing research trend in Korea. International franchising research in Korea has two different types, one is for studying Korean franchisor going overseas and the other is for Korean franchisee of foreign franchisor. Among research on Korean franchisor, two common patterns are observed. First of all, they usually deal with success story of one franchisor. The other common pattern is that they focus on same industry and country. Therefore, international franchise research needs to extend their focus to broader subjects with scientific research methodology as well as development of new theory.