• Title/Summary/Keyword: common goods

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Recent Developments in Law of International Electronic Information Transactions (국제전자정보거래(國際電子情報去來)에 관한 입법동향(立法動向))

  • Hur, Hai-Kwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.23
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    • pp.155-219
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    • 2004
  • This paper focuses on two recent legislative developments in electronic commerce: the "Uniform Computer Information Transactions Act" ("UCITA") of USA and the "preliminary draft convention on the use of data message in [international trade] [the context of international contracts]" ("preliminary draft Convention") of UNCITRAL. UCITA provides rules contracts for computer information transactions. UCITA supplies modified contract formation rules adapted to permit and to facilitate electronic contracting. UCITA also adjusts commonly recognized warranties as appropriate for computer information transactions; for example, to recognize the international context in connection with protection against infringement and misappropriation, and First Amendment considerations involved with informational content. Furthermore, UCITA adapts traditional rules as to what is acceptable performance to the context of computer information transactions, including providing rules for the protection of the parties concerning the electronic regulation of performance to clarify that the appropriate general rule is one of material breach with respect to cancellation (rather than so-called perfect tender). UCITA also supplies guidance in the case of certain specialized types of contracts, e.g., access contracts and for termination of contracts. While for the most part carrying over the familiar rules of Article 2 concerning breach when appropriate in the context of the tangible medium on which the information is fixed, but also adapting common law rules and rules from Article 2 on waiver, cure, assurance and anticipatory breach to the context of computer information transactions, UCITA provides a remedy structure somewhat modeled on that of Article 2 but adapted in significant respects to the different context of a computer information transaction. For example, UCITA contains very important limitations on the generally recognized common law right of self-help as applicable in the electronic context. The UNCITRAL's preliminary draft Convention applies to the use of data messages in connection with an existing or contemplated contract between parties whose places of business are in different States. Nothing in the Convention affects the application of any rule of law that may require the parties to disclose their identities, places of business or other information, or relieves a party from the legal consequences of making inaccurate or false statements in that regard. Likewise, nothing in the Convention requires a contract or any other communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract to be made or evidenced in any particular form. Under the Convention, a communication, declaration, demand, notice or request that the parties are required to make or choose to make in connection with an existing or contemplated contract, including an offer and the acceptance of an offer, is conveyed by means of data messages. Also, the Convention provides for use of automated information systems for contract formation: a contract formed by the interaction of an automated information system and a person, or by the interaction of automated information systems, shall not be denied on the sole ground that no person reviewed each of the individual actions carried out by such systems or the resulting agreement. Further, the Convention provides that, unless otherwise agreed by the parties, a contract concluded by a person that accesses an automated information system of another party has no legal effect and is not enforceable if the person made an error in a data message and (a) the automated information system did not provide the person with an opportunity to prevent or correct the error; (b) the person notifies the other party of the error as soon as practicable when the person making the error learns of it and indicates that he or she made an error in the data message; (c) The person takes reasonable steps, including steps that conform to the other party's instructions, to return the goods or services received, if any, as a result of the error or, if instructed to do so, to destroy such goods or services.

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A Study on the Fashion Journalism in the Field of Daily Newspaper (한국(韓國) 패션저널리즘의 현황(現況) 연구(硏究)(1) - 5개 종합일간지(綜合日刊紙) 기사(記事)를 중심(中心)으로 -)

  • Lee, Sung-Hee;Cho, Kyu-Hwa
    • Journal of Fashion Business
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    • v.8 no.4
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    • pp.45-59
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    • 2004
  • The purpose of this study is to discover the present situation of fashion journalism, which is a collaborator and watchdog of the fast-growing fashion business industry, then to proffer fundamental data for the setting of desirable fashion journalism in the field of newspaper. Unlike magazine and internet news service which are focused on a specific group, daily newspaper has a far-reaching influence without regarding the age, gender and social status of the readers. Therefore, how newspaper deals with fashion and fashion phenomena has immense influence on the attitude and understanding of common people on fashion. Defining fashion journalism is an activity of gathering and mediating of various ideas and opinions on fashion, the beginning of fashion journalism of newspaper traces back to the late of 19th century. From then to the period of Japan's occupancy by force, newspaper used fashion articles to lead enlightenment of lifestyle. After Korean War, newspaper was one of the main path of in-flowing western culture and fashion trend till 1970s. During $1980s{\sim}1990s$, fashion articles in newspaper were separated from woman and family section and fashion journalism made their own way to a specialized field. In the beginning of 21st century, fashion journalism in the field of newspaper is armed with more various and profound contents then ever, but it is also true fashion journalism is not free from accusation of commercialization and agitation of preference on imported luxury goods. Today fashion articles of daily newspapers are not subordinated to the common idea, 'fashion is only for women'. Fashion articles deals with men as well as women. Information on new products is regarded more important than fashion trend. Articles are not restricted in the fashion section. It means fashion journalism is expanding its territory to business section, opinion section and so on. However, fashion news dealing with aged people or young children are very rare. It suggests target readers of fashion news are concentrated on the people who have a considerable buying power. An main article usually has more than 3 photos. That means not only photos in fashion news are established as essential visual information today but also commercialization of fashion news makes rapid progress in this field. Also the considerable dependancy on the information sources from manufacturing side can be a problem of sustaining accuracy and impartiality of news.

Wisdom Definition Categorization and Wisdom Management as Characteristics of the Modern Business Environment (현대 경영환경의 특징에 따른 지혜 정의 분류와 '지혜경영' 제안)

  • Kim, Joo-Won;Lee, Byong-Jae;Park, Yong-Seung
    • Journal of Distribution Science
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    • v.13 no.7
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    • pp.63-71
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    • 2015
  • Purpose - The characteristics of the modern management environment in Korea clearly involve the limitations of knowledge management, globalization, changes in industrial structures, polarization of the economy, consumption, and education, and the demand for creative management. To achieve a continuous competitive advantage for individuals as well as organizations, Wisdom Management can be said to be a paradigm for the current environment. The Research is an alternative to environmental management in the early study of the need to conceptualize the theoretical approach to wisdom management. In other words, it presents a new management paradigm for a business environment of uncertainty and unpredictability. Furthermore, it aims to propose Wisdom Management as an alternative in the modern management environment as well as a topic of discourse. Its purpose is to provide basic knowledge to people who study and practice in this field to strengthen the competitiveness of individuals and companies. Research design, data, and methodology - This paper first provides six characteristics of the current management environment at home and abroad. It then attempts to emphasize the necessity of wisdom based on such characteristics by classifying wisdom according to recent management study research. This allows the derivation of definitions of wisdom management, suggesting its components and properties. Results - The six characteristics of the modern business environment are: 1) limits of knowledge, 2) intensifying globalized competition, 3) changes in industry structure - IoT (Internet of all Things) trend, 4) serious polarization and social unrest diffusion, 5) personal and organizational competitiveness creativity requirements, and 6) domestic special national and social situations. Therefore, accordingly, wisdom can be defined and classified as: wisdom that offers potential integration beyond knowledge, practicing and maintaining knowledge wisdom as an efficient strategy for an organization wisdom as a decision-making process that addresses ambivalence wisdom as the pursuit of common goods based on ethics; and, wisdom as creativity that involves intuition and insight. This paper attempts to define Wisdom Management in accordance with these definitions of wisdom. Wisdom Management is a management system that is awareof the current environment given in the multidimensional perspective, achieves the efficiency of the organization and the goals of common good through an uncertain decision-making process, based on the organization of individual and organizational knowledge, and the internal experiences and resources. Wisdom Management components include human beings, virtue, knowledge, creativity, and ambivalent thinking. Its properties include intentionality, self-destructiveness, creative and ethical reflexivity, complexity, insight, unpredictability, ambivalence, and wholeness. Conclusions - Since all organizations face the limitations of their environment, crises, and opportunities, applying wisdom in management to develop as Wisdom Management can be an inevitable alternative to the uncertainties of the management environment faced by modern society. The conceptualization of Wisdom Management forms a valuable context to further advance knowledge management theory into practice. It is also a cornerstone of strategic management and can provide insight into its potential for success and implementation.

The Risks of Transport Documents under L/C Transaction (신용장거래에서 운송서류의 위험요인에 관한 연구)

  • Park, See-Woon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.45
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    • pp.85-109
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    • 2010
  • L/C provides the exporter and the importer with safe assurance in the exchange of goods for payment in international trade. It involves a number of parties. Although the parties may have confidence in their client, bad faith or ignorance of international banking practice by any of these parties could cause the failure of transaction, which makes international trade a risky business. Most of the risks are found in transport document, which can cause disputes. There are many factors in the risk of transport documents under L/C transaction. One most common risk factor for the beneficiary in all transport documents is even if there is no discrepancy in document, the issuing bank or the applicant refuses to pay or delay payment insisting there is a discrepancy. In some very rare cases, the beneficiary may not get paid due to unfair injunction of the local court of the applicant. For the applicant, most common risk factors are fake bill and fraud. Risks classified according to the sorts of transport documents are as follows. 1. In B/L, payment can be refused because it is regarded as charter party B/L, although there is no real charter party contract. And the applicant can bear the potential risk of the loss or deterioration of cargo through transhipment of the cargo loaded on board in container if transhipment is prohibited without excluding of UCP 600 article 20 (c). 2. In charter party B/L, the applicant may take delivery without paying when charter party B/L is signed by charterer, which can result in a big loss for the beneficiary and the negotiating bank. And risks may arise when cargo is seized because the charterer does not pay the hire. The applicant and the issuing bank are also vulnerable to a risk - Against whom should they file a suit when cargo gets damaged during transportation? 3. In multimodal transport document, which is subject to a conflict because there is a big difference in viewpoints between transport industry and banks, conflicts may also arise when L/C requires ocean B/L and accepts multimodal transport document at the same time, but does not specify the details. 4. In air waybill, where the consignee is not the issuing bank but the applicant, risks may take place to the beneficiary when the applicant takes delivery but refuses to pay asserting minor discrepancies in document. The applicant may also bear the risk when cargo may not be loaded because air waybill is a received bill. Another risk may arise when although the applicant prohibits transhipment without excluding UCP 600 article 23 (c), the cargo may be transhipped, provided that the entire carriage is covered by one and the same air waybill.

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A Study on contents related to geography in "Myriad Things"(萬物門) of $Miscellaneous$ $Explanations$ $of$ $Seongho$(星湖僿說) (성호사설 '만물문(萬物門)'의 지리 관련내용 고찰)

  • Sohn, Yong-Taek
    • Journal of the Korean Geographical Society
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    • v.47 no.1
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    • pp.60-78
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    • 2012
  • The main objective of this study is to conduct subnational population projections of Korea based on a Myriad Things" (萬物門), which is part of Seongho's representative work entitled $Miscellaneous$ $Explanations$ $of$ $Seongho$ (星湖僿說), has been in this paper in order to understand Seongho's "thinking on geography". To do so, contents related to geography were selected and these were discussed and interpreted in terms of the classification system of today's geographical knowledge. Following is the result of this research. First, information on astronomical geography and natural geography such as uplift, tornado, structure of soil, and the $yut$ board as well as humangeographical topics such as wild $ginseng$, cigarettes, hot pepper, traditional fruits and nuts (chestnuts, jujubes, and persimmons), Goryeo paper (Korean paper), mulberry trees, cotton plants, natural dye, policy about horses, magnetic compass needles, and farming implements for rice transplantation are mentioned in "Myriad Things" in relation to geography. Second, the depth of information described varies from topic to topic, but the topics on tornado and magnetic compass needles, horses, wild ginseng, traditional fruits and nuts, and $yut$ board are described in depth and in detail. Third, authenticity of the contents on these topics are "true" insofar as bibliographical information and citations are provided for support. Fourth, these topics reflect the interests and circumstances that are related to the "economic improvement of common people's livelihood" in those days, such as agriculture, crops, and transportation of goods. Fifth, the bibliography and citations explaining all instances reveal that China (Qing) is a great civilization of the advanced world and that the scholarship of Joseon relied on and accepted it. Sixth, except for horse raising and management, farming implements for rice transplantation, sericulture, and natural dying of cloth, most of the topics are useful even today. In short, theres is a profound aspect to the content that makes it possible to estimate the "geographical thinking". In general, the focus of the content of this book directly linked to the practical agricultural economy of the common people.

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The Limitation of Air Carriers' Cargo and Baggage Liability in International Aviation Law: With Reference to the U.S. Courts' Decisions (국제항공법상 화물.수하물에 대한 운송인의 책임상한제도 - 미국의 판례 분석을 중심으로 -)

  • Moon, Joon-Jo
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.2
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    • pp.109-133
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    • 2007
  • The legal labyrinth through which we have just walked is one in which even a highly proficient lawyer could easily become lost. Warsaw Convention's original objective of uniformity of private international aviation liability law has been eroded as the world community ha attempted again to address perceived problems. Efforts to create simplicity and certainty of recovery actually may have created less of both. In any particular case, the issue of which international convention, intercarrier agreement or national law to apply will likely be inconsistent with other decisions. The law has evolved faster for some nations, and slower for others. Under the Warsaw Convention of 1929, strict liability is imposed on the air carrier for damage, loss, or destruction of cargo, luggage, or goods sustained either: (1) during carriage in air, which is comprised of the period during which cargo is 'in charge of the carrier (a) within an aerodrome, (b) on board the aircraft, or (c) in any place if the aircraft lands outside an aerodrome; or (2) as a result of delay. By 2007, 151 nations had ratified the original Warsaw Convention, 136 nations had ratified the Hague Protocol, 84 had ratified the Guadalajara Protocol, and 53 nations had ratified Montreal Protocol No.4, all of which have entered into force. In November 2003, the Montreal Convention of 1999 entered into force. Several airlines have embraced the Montreal Agreement or the IATA Intercarrier Agreements. Only seven nations had ratified the moribund Guatemala City Protocol. Meanwhile, the highly influential U.S. Second Circuit has rendered an opinion that no treaty on the subject was in force at all unless both affected nations had ratified the identical convention, leaving some cases to fall between the cracks into the arena of common law. Moreover, in the United States, a surface transportation movement prior or subsequent to the air movement may, depending upon the facts, be subject to Warsaw, or to common law. At present, International private air law regime can be described as a "situation of utter chaos" in which "even legal advisers and judges are confused." The net result of this barnacle-like layering of international and domestic rules, standards, agreements, and criteria in the elimination of legal simplicity and the substitution in its stead of complexity and commercial uncertainty, which manifestly can not inure to the efficient and economical flow of world trade. All this makes a strong case for universal ratification of the Montreal Convention, which will supersede the Warsaw Convention and its various reformulations. Now that the Montreal Convention has entered into force, the insurance community may press the airlines to embrace it, which in turn may encourage the world's governments to ratify it. Under the Montreal Convention, the common law defence is available to the carrier even when it was not the sole cause of the loss or damage, again making way for the application of comparative fault principle. Hopefully, the recent entry into force of the Montreal Convention of 1999 will re-establish the international legal uniformity the Warsaw Convention of 1929 sought to achieve, though far a transitional period at least, the courts of different nations will be applying different legal regimes.

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An alternative way of Animation Industry : Focusing on Avatar sevice's Lock-in Effect (애니메이션 산업의 대안적 연구 - 아바타 서비스의 소비자 고착화(lock-in) 전략을 중심으로)

  • Han, Chang-Wan
    • Cartoon and Animation Studies
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    • s.6
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    • pp.152-171
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    • 2002
  • This study analyses the avatar service, which is recognized as an alternative strategy of animation industry. The research questions of this study are following: (1) How have the avatar services been developed and what are the present dominant types? (2) Which structural characteristics of e-business environment are needed for the success of avatar services? (3) What is the economic characteristics of avatar business model? To solve these research questions, the basic conditions and the structural characteristics of avatar services have been investigated. In the first place, two forms of avatar service are classified. One is the internet service site whole primary service is to provide chatting service based on avatar service. The other is the portal site in which many kinds of products and services are presented as bundles to meet the needs of internet users. So avatar service is one of bundles which those portal sites are providing with. In this study, the big five internet service sites are selected based on the profits they earned through the sales of avatar service. The result of analysis is that the pricing strategy of those big five sites is very different from those of traditional off-line markets. The pricing mechanism are based on the value which internet users endow with the avatar items, not based on the costs of making the products. Avatar is the representative informative goods. The informative goods have the original cost structures, constant fixed costs and zero marginal costs, so the providers of avatar services make much of the subjective values of consumers. The sayclub, which is the most successful avatar service site and earn the average sales of 3 billing won a month, takes the aggressive strategy of pricing avatar items at highest price in the industry. The avatar service providers which make lots of profits are planning of making differentiate the services, introducing well-known brand items and star-named items. Nevertheless, the fact that the members of the sayclub are not decreasing means that the network effect of the site is so strongly manifest. Moreover, the costs the members have paid for the avatar items are so big not as to switch from one site to the other site, it can be very costly. These switching costs are endemic in high-technology industries and digital contents industries. It can be so large that switching suppliers is virtually unthinkable, a situation known as 'lock-in'. When switching costs are substantial, competition can be intense to attract new customers, since, one they are locked in, they can be a substantial source of profit. The consumers of avatar items have switching costs if they subscribe for the new avatar service site. The switching costs can be subscription costs as well as the costs of giving up the items they already paid for. One common example of switching costs involves specialized supplies, as with inkjet printer cartridges. In this example, the switching cost is the purchase of a new printer. The market is competitive ex ante, but since cartridges are incompatible, it is monopolized dx post. So the providers of printer/cartridges set pricing printer so cheap and cartridges expensive. On the contrary, since the avatar service can be successful with the strong network effect, the providers of avatar services have to compete aggressively for new customers. So they allow the subscription at a low price(almost marginal cost) in the early market. The network effect can be maximized when the members are sufficiently growing. The providers which have the monopoly power with sufficient subscribers. begin to raise the prices over the lifetime of the product and make profits.

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A Study on Improvement of Collaborative Filtering Based on Implicit User Feedback Using RFM Multidimensional Analysis (RFM 다차원 분석 기법을 활용한 암시적 사용자 피드백 기반 협업 필터링 개선 연구)

  • Lee, Jae-Seong;Kim, Jaeyoung;Kang, Byeongwook
    • Journal of Intelligence and Information Systems
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    • v.25 no.1
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    • pp.139-161
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    • 2019
  • The utilization of the e-commerce market has become a common life style in today. It has become important part to know where and how to make reasonable purchases of good quality products for customers. This change in purchase psychology tends to make it difficult for customers to make purchasing decisions in vast amounts of information. In this case, the recommendation system has the effect of reducing the cost of information retrieval and improving the satisfaction by analyzing the purchasing behavior of the customer. Amazon and Netflix are considered to be the well-known examples of sales marketing using the recommendation system. In the case of Amazon, 60% of the recommendation is made by purchasing goods, and 35% of the sales increase was achieved. Netflix, on the other hand, found that 75% of movie recommendations were made using services. This personalization technique is considered to be one of the key strategies for one-to-one marketing that can be useful in online markets where salespeople do not exist. Recommendation techniques that are mainly used in recommendation systems today include collaborative filtering and content-based filtering. Furthermore, hybrid techniques and association rules that use these techniques in combination are also being used in various fields. Of these, collaborative filtering recommendation techniques are the most popular today. Collaborative filtering is a method of recommending products preferred by neighbors who have similar preferences or purchasing behavior, based on the assumption that users who have exhibited similar tendencies in purchasing or evaluating products in the past will have a similar tendency to other products. However, most of the existed systems are recommended only within the same category of products such as books and movies. This is because the recommendation system estimates the purchase satisfaction about new item which have never been bought yet using customer's purchase rating points of a similar commodity based on the transaction data. In addition, there is a problem about the reliability of purchase ratings used in the recommendation system. Reliability of customer purchase ratings is causing serious problems. In particular, 'Compensatory Review' refers to the intentional manipulation of a customer purchase rating by a company intervention. In fact, Amazon has been hard-pressed for these "compassionate reviews" since 2016 and has worked hard to reduce false information and increase credibility. The survey showed that the average rating for products with 'Compensated Review' was higher than those without 'Compensation Review'. And it turns out that 'Compensatory Review' is about 12 times less likely to give the lowest rating, and about 4 times less likely to leave a critical opinion. As such, customer purchase ratings are full of various noises. This problem is directly related to the performance of recommendation systems aimed at maximizing profits by attracting highly satisfied customers in most e-commerce transactions. In this study, we propose the possibility of using new indicators that can objectively substitute existing customer 's purchase ratings by using RFM multi-dimensional analysis technique to solve a series of problems. RFM multi-dimensional analysis technique is the most widely used analytical method in customer relationship management marketing(CRM), and is a data analysis method for selecting customers who are likely to purchase goods. As a result of verifying the actual purchase history data using the relevant index, the accuracy was as high as about 55%. This is a result of recommending a total of 4,386 different types of products that have never been bought before, thus the verification result means relatively high accuracy and utilization value. And this study suggests the possibility of general recommendation system that can be applied to various offline product data. If additional data is acquired in the future, the accuracy of the proposed recommendation system can be improved.

A Study of Chinese Peaceful Rise and East Asian Regional Cooperation (중국의 평화적 부상과 동아시아 지역협력 연구)

  • Shong, Il-Ho;Lee, Gye-Young
    • International Commerce and Information Review
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    • v.14 no.3
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    • pp.75-96
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    • 2012
  • China will replace the global governance of the 21st century in 2050. The rise of China provide the Chinese development model to other developing countries. There are positive element and disability element in China's 'peaceful rise' strategy at the same time. Success of the reform and opening up, market liberalization, economic interdependency, economic globalization, stability of ruling power, consolidation of one-party rule and soft power increase are the promotions of peaceful rise. China's rise as a power nation begins by regaining the superpower status in East Asia. East Asia is a lebensraum assuring a continuing growth to China. For this lebensraum, China shows an interest in institutionalization of regional economic cooperation. The core values of ASEAN, namely the mutual respect, harmonious coexistence, co-prosperity, egalitarianism and pluralism are in conform to China's policy of harmonious world and peaceful coexistence. Through this common value the tension in East Asia will be alleviated. By the regional hegemony strategy based on soft power and economic success, China will try to regain the past glorious position. Attaining status as a coordinator of the world rule will be based on the success of the East Asian strategy. Korea and other neighboring countries will be the best beneficiary countries of the China's rise strategy. China's rising strategy will have a profound effect on neighboring countries especially, Korea. The scale of the movement of goods, labor, and capital between the two countries will become much larger than present. Through regional trade agreements, economic interdependency between Korea and China will increase.

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The effect of self-regulatory focus on loss aversion when gain and loss between possession and valence compete (소유와 유인가의 득과 실이 경쟁할 때 자기조절초점이 손실회피에 미치는 효과)

  • Lee, Byung-Kwan;Lee, Guk-Hee
    • Science of Emotion and Sensibility
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    • v.17 no.4
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    • pp.101-108
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    • 2014
  • The study of loss aversion has progressed. Specifically, Brenner et al. (2007) distinguished between possession loss aversion (PLA) and valence loss aversion (VLA) and explained PLA is the loss of cash or spot goods (money, apartment) and that VLA is the loss of tentative value (opportunity of oversea study, coupon). Also, they explored how the tendency of loss aversion was different between when possession loss was salience and when valence loss was outstanding. But, in our everyday life, it is more common that people face some economic situation where the gain and loss between possession and valence are competing. And, in this situation, they usually choose a better option based on their ordinary mind-set or self-focus rather than on which option has more benefit. Therefore, present research is that whether the tendency of loss aversion is different based on one's ordinary self-focus. Concretely, after priming promotion focus vs. prevention focus, participants should decide whether present occupation changes or not when gain and loss between possession and valence compete (income increase but oversea study chance decrease or income decrease but oversea study chance increase). As a result, there are more rate of changing job in promotion focusing condition than prevention focusing condition based on positive change irrespective of possession or valence. This result can have implication for marketing, consumer and advertisement psychology.