• Journal of Distribution Research
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• v.15 no.5
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• pp.217-235
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• 2010

In franchise industry, territorial restraint is a system that imposes exclusive right to franchisers in a certain business area. To the franchisers, this system guarantees monopoly profits in a local market and exclusive rights during the contract periods. In such a way, franchisee generates a big revenue at once on the basis of franchiser's initial investment such as interior cost and franchise fee, it must have supervised franchiser's moral hazard for the territorial restraint agreement. Rather than territorial restraint can be a system to give exclusive right to franchiser's so that they neglect their own sales and too much rely on headquarter's brand and marketing activities without their own efforts. This paper assesses the implication of territorial restraint by examining the effect on brand extension, degree of contract termination. Drawing on research in transaction cost agreement and opportunism, the authors suggest that franchisee is highly likely to launch similar brand which is not effected on previous contract when territorial restraint is set out in the contract system. Moreover, the authors find that the degree of contract termination will be high in the existence of territorial restraint due to the franchisee's opportunism. The results imply that territorial restraint induces franchisee's opportunistic strategy more aggressively so that the possibility of brand extension or new brand launching will be increased. At the same time, franchisee is aggressively seeking for the reason for contract termination due to the pursuit of its profit maximization. Based on some empirical findings, this paper concludes with policy implications and some necessary fields of future studies desirable.

• The Korean Society of Law and Medicine
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• v.7 no.2
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• pp.113-136
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• 2006

In recent years, as well as the other countries, medical dispute cases increase continuously in China. one of the reason that medical cases increase rapidly like this is after reformation and opening people's sense of independence, law and right come to be high, but a theoretical study about medical malpractice liability is insufficient and there is deficiency at legislation from 1986 civil law general rule is carried out in Chinese. but it is difficulty to deal with those more and more complicated medical dispute only according to the law above. so in 2001 The Chinese Supreme Court established the judicial construction about civil litigation evidence which regulated the shift of the burden of proof of medical malpractice and the relation of cause and effect from the plaintiffs to the defendants. in 2002 the State Council made out Incident of Malpractice Processing Rule. but many scholar pointed out the problem in it. on the other side, according to Chinese Contract Law parties could choose contractual or tort liability to prosecute. but because of the judicial construction above majority of people asked tort liability. of course there are some cases asking contractual liability. then this paper aim at analysis of the Chinese medical malpractice liability, especially of the problems about the subject of responsibility, burden of proof and scope of responsibility.

• Journal of information and communication convergence engineering
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• v.9 no.4
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• pp.411-419
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• 2011

In this paper, we propose an Adaptive Regulating Drop (ARD) marker, as a novel dropping strategy at the ingressive edge router, to improve TCP fairness in assured services (ASs) without a decrease in the link utilization. To drop packets pertinently, the ARD marker adaptively changes a Temporary Permitted Rate (TPR) for aggregate TCP flows. The TPR is set larger than the current input IN packet rate of aggregate TCP flows while inversely proportional to the measured input OUT packet rate. To reduce the excessive use of greedy TCP flows by notifying droppings of their IN packets constantly to them without a decrease in the link utilization, the ARD marker performs random early fair remarking of their excessive IN packets to OUT packets at the aggregate flow level according to the TPR. In addition, an aggregate dropper is combined to drop some excessive IN packets fairly and constantly according to the TPR. Thus, the throughput of a TCP flow no more depends on only the sporadic and unfair OUT packet droppings at the RIO buffer in the core router. Then, the ARD marker regulates the packet transmission rate of each TCP flow to the contract rate by increasing TCP fairness, without a decrease in the link utilization.

• International Commerce and Information Review
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• v.18 no.4
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• pp.195-217
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• 2016

The Convention on Contracts for the International Sale of Goods(CISG) endeavors to increase international trade through the creation of a uniform law of international sales. The CISG applies to contracts of sale of goods between parties whose places of business are in different States. If a party has more than one place of business, the place of business if that which has the closest relationship to the contract and its performance. Despite the importance of a definition for 'place of business,' the CISG does not provide one. Lack of a definition of 'place of business' may cause problems for parties trying to determine whether the CISG applies to their contract. Also Contracting parties can opt out of the CISG. But the CISG does not state whether the parties must expressly exclude the CISG's application to a transaction or whether they might do so by implication. we need to consider how effectively opt out of the CISG. Under U.S. law, the CISG is considered to be a self-executing treaty. So the CISG's provisions apply directly as substantive sales law to contracts for the international sale of goods. Despite the CISG's political and economic significance to U.S., U.S. Courts have overlooked the terms of the CISG. This article considered how to the CISG was recognized, interpreted and applied by the U.S. Courts in related cases.

• Journal of Korean Society of Forest Science
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• v.15 no.1
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• pp.1-38
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• 1972

1. Objective of the Study The objective of the study was to make fundamental suggestions for drawing a forest insurance system applicable in Korea by investigating forest insurance systems undertaken in foreign countries, analyzing the forest hazards occurred in entire forests of Korea in the past, and hearing the opinions of people engaged in forestry. 2. Methods of the Study First, reference studies on insurance at large as well as on forest insurance were intensively made to draw the characteristics of forest insurance practiced in main forestry countries, Second, the investigations of forest hazards in Korea for the past ten years were made with the help of the Office of Forestry. Third, the questionnaires concerning forest insurance were prepared and delivered at random to 533 personnel who are working at different administrative offices of forestry, forest stations, forest cooperatives, colleges and universities, research institutes, and fire insurance companies. Fourth, fifty three representative forest owners in the area of three forest types (coniferous, hardwood, and mixed forest), a representative region in Kyonggi Province out of fourteen collective forest development programs in Korea, were directly interviewed with the writer. 3. Results of the Study The rate of response to the questionnaire was 74.40% as shown in the table 3, and the results of the questionaire were as follows: (% in the parenthes shows the rates of response; shortages in amount to 100% were due to the facts of excluding the rates of response of minor respondents). 1) Necessity of forest insurance The respondents expressed their opinions that forest insurance must be undertaken to assure forest financing (5.65%); for receiving the reimbursement of replanting costs in case of damages done (35.87%); and to protect silvicultural investments (46.74%). 2) Law of forest insurance Few respondents showed their views in favor of applying the general insurance regulations to forest insurance practice (9.35%), but the majority of respondents were in favor of passing a special forest insurance law in the light of forest characteristics (88.26%). 3) Sorts of institutes to undertake forest insurance A few respondents believed that insurance companies at large could take care of forest insurance (17.42%); forest owner's mutual associations would manage the forest insurance more effectively (23.53%); but the more than half of the respondents were in favor of establishing public or national forest insurance institutes (56.18%). 4) Kinds of risks to be undertaken in forest insurance It would be desirable that the risks to be undertaken in forest insurance be limited: To forest fire hazards only (23.38%); to forest fire hazards plus damages made by weather (14.32%); to forest fire hazards, weather damages, and insect damages (60.68%). 5) Objectives to be insured It was responded that the objectives to be included in forest insurance should be limited: (1) To artificial coniferous forest only (13.47%); (2) to both coniferous and broad-leaved artificial forests (23.74%); (3) but the more than half of the respondents showed their desire that all the forests regardless of species and the methods of establishment should be insured (61.64%). 6) Range of risks in age of trees to be included in forest insurance The opinions of the respondents showed that it might be enough to insure the trees less than ten years of age (15.23%); but it would be more desirous of taking up forest trees under twenty years of age (32.95%); nevertheless, a large number of respondents were in favor of underwriting all the forest trees less than fourty years of age (46.37%). 7) Term of a forest insurance contract Quite a few respondents favored a contract made on one year basis (31.74%), but the more than half of the respondents favored the contract made on five year bases (58.68%). 8) Limitation in a forest insurance contract The respondents indicated that it would be desirable in a forest insurance contract to exclude forests less than five hectars (20.78%), but more than half of the respondents expressed their opinions that forests above a minimum volume or number of trees per unit area should be included in a forest insurance contract regardless of the area of forest lands (63.77%). 9) Methods of contract Some responded that it would be good to let the forest owners choose their forests in making a forest insurance contract (32.13%); others inclined to think that it would be desirable to include all the forests that owners hold whenerver they decide to make a forest insurance contract (33.48%); the rest responded in favor of forcing the owners to buy insurance policy if they own the forests that were established with subsidy or own highly vauable growing stock (31.92%) 10) Rate of premium The responses were divided into three categories: (1) The rate of primium is to be decided according to the regional degree of risks(27.72%); (2) to be decided by taking consideration both regional degree of risks and insurable values(31.59%); (3) and to be decided according to the rate of risks for the entire country and the insurable values (39.55%). 11) Payment of Premium Although a few respondents wished to make a payment of premium at once for a short term forest insurance contract, and an annual payment for a long term contract (13.80%); the majority of the respondents wished to pay the premium annually regardless of the term of contract, by employing a high rate of premium on a short term contract, but a low rate on a long term contract (83.71%). 12) Institutes in charge of forest insurance business A few respondents showed their desire that forest insurance be taken care of at the government forest administrative offices (18.75%); others at insurance companies (35.76%); but the rest, the largest number of the respondents, favored forest associations in the county. They also wanted to pay a certain rate of premium to the forest associations that issue the insurance (44.22%). 13) Limitation on indemnity for damages done In limitation on indemnity for damages done, the respondents showed a quite different views. Some desired compesation to cover replanting costs when young stands suffered damages and to be paid at the rate of eighty percent to the losses received when matured timber stands suffered damages(29.70%); others desired to receive compensation of the actual total loss valued at present market prices (31.07%); but the rest responded in favor of compensation at the present value figured out by applying a certain rate of prolongation factors to the establishment costs(36.99%). 14) Raising of funds for forest insurance A few respondents hoped to raise the fund for forest insurance by setting aside certain amount of money from the indemnity paid (15.65%); others wished to raise the fund by levying new forest land taxes(33.79%); but the rest expressed their hope to raise the fund by reserving certain amount of money from the surplus money that was saved due to the non-risks (44.81%). 15) Causes of fires The main causes of forest fires 6gured out by the respondents experience turned out to be (1) an accidental fire, (2) cigarettes, (3) shifting cultivation. The reponses were coincided with the forest fire analysis made by the Office of Forestry. 16) Fire prevention The respondents suggested that the most important and practical three kinds of forest fire prevention measures would be (1) providing a fire-break, (2) keeping passers-by out during the drought seasons, (3) enlightenment through mass communication systems. 4. Suggestions The writer wishes to present some suggestions that seemed helpful in drawing up a forest insurance system by reviewing the findings in the questionaire analysis and the results of investigations on forest insurance undertaken in foreign countries. 1) A forest insurance system designed to compensate the loss figured out on the basis of replanting cost when young forest stands suffered damages, and to strengthen credit rating by relieving of risks of damages, must be put in practice as soon as possible with the enactment of a specifically drawn forest insurance law. And the committee of forest insurance should be organized to make a full study of forest insurance system. 2) Two kinds of forest insurance organizations furnishing forest insurance, publicly-owned insurance organizations and privately-owned, are desirable in order to handle forest risks properly. The privately-owned forest insurance organizations should take up forest fire insurance only, and the publicly-owned ought to write insurance for forest fires and insect damages. 3) The privately-owned organizations furnishing forest insurance are desired to take up all the forest stands older than twenty years; whereas, the publicly-owned should sell forest insurance on artificially planted stands younger than twenty years with emphasis on compensating replanting costs of forest stands when they suffer damages. 4) Small forest stands, less than one hectare holding volume or stocked at smaller than standard per unit area are not to be included in a forest insurance writing, and the minimum term of insuring should not be longer than one year in the privately-owned forest insurance organizations although insuring period could be extended more than one year; whereas, consecutive five year term of insurance periods should be set as a mimimum period of insuring forest in the publicly-owned forest insurance organizations. 5) The forest owners should be free in selecting their forests in insuring; whereas, forest owners of the stands that were established with subsidy should be required to insure their forests at publicly-owned forest insurance organizations. 6) Annual insurance premiums for both publicly-owned and privately-owned forest insurance organizations ought to be figured out in proportion to the amount of insurance in accordance with the degree of risks which are grouped into three categories on the basis of the rate of risks throughout the country. 7) Annual premium should be paid at the beginning of forest insurance contract, but reduction must be made if the insuring periods extend longer than a minimum period of forest insurance set by the law. 8) The compensation for damages, the reimbursement, should be figured out on the basis of the ratio between the amount of insurance and insurable value. In the publicly-owned forest insurance system, the standard amount of insurance should be set on the basis of establishment costs in order to prevent over-compensation. 9) Forest insurance business is to be taken care of at the window of insurance com pnies when forest owners buy the privately-owned forest insurance, but the business of writing the publicly-owned forest insurance should be done through the forest cooperatives and certain portions of the premium be reimbursed to the forest cooperatives. 10) Forest insurance funds ought to be reserved by levying a property tax on forest lands. 11) In order to prevent forest damages, the forest owners should be required to report forest hazards immediately to the forest insurance organizations and the latter should bear the responsibility of taking preventive measures.

• Journal of the East Asian Society of Dietary Life
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• v.16 no.6
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• pp.777-786
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• 2006

This study was designed to investigate the relationships between nutrition education, nutrition awareness and nutrition knowledge of school food service employees. We analyzed 288 self-administered questionnaires. Most of the employees (89.8%) were with contract-managed food services, 45.1% were $41{\sim}50$ years old, and 45.4% had chef certification. Two-thirds of the employees received nutrition education on 'nutritionally balanced diet' and 'sources of calcium', whereas less than 50% received education on 'problems with carbohydrates', 'functions of iron', 'deficiency and sources of iron'. The degree of nutrition awareness was generally higher than the level of nutrition education experience. The mean nutrition knowledge score was 11.7 out of 20 possible points, The majority of employees correctly identified 'sources of calcium (91.8%)', 'functions of carbohydrates (91.4%)', 'sources of cholesterol (91.0%)', and 'problems with lipids (90.4%)'; less than 50% correctly answered 'sources of proteins (18.9%)', 'functions of iron (27.9%)', 'recommended dietary allowances (32.0%)', 'functions of lipids (40.2%)', and 'sources of vitamins (44.3%)'. A chi-square analysis revealed that the employees' actual knowledge did not differ significantly by nutrition education - with the exception of three topics; 'recommended dietary allowances', 'changes in vitamins during cooking', 'functions of water' - or by their nutrition awareness. Nutrition knowledge scores did not differ by sex, decreased with age, increased with academic background, and increased in careers of >10 years or that were contract managed. There were significant correlations between nutrition education scores and nutrition awareness scores (p<0.001); nutrition knowledge scores and nutrition education scores (p<0.001); nutrition knowledge scores and nutrition awareness scores (p<0.001).

• Journal of Arbitration Studies
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• v.16 no.1
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• pp.277-314
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• 2006

This article aims at analysing the reality of banks' liability resulting from the breach of contract on its part to keep the business secrecy with the supplier in the transferable credit, focusing on a English decision, Jackson v. Royal Bank of Scotland [2005] UKHL 3. In this case, the applicant, 'Econ', had purchased various varieties of pre-packed dog chews in bulk through 'Sam'(lst beneficiary) from 'PPLtd'(2nd beneficiary) in Thailand, using a transferable letter of credit issued by 'RBank'. 'Sam' charged a tremendous amount of mark-up on each transaction and it had not been disclosed to 'Econ', although the identity of 'PPLtd' was revealed to 'Econ' by various documents. However, 'RBank' made an unfortunate error to send an completion statement and other documents including 'PPLtd.'s invoice to 'Econ' instead of to 'Sam'. The effect of the Bank's error was to reveal to 'Econ' the substantial profit that 'Sam' was making on these transactions. CEO of 'Econ' was furious and, as a result, decided to cut 'Sam' out of its importing system and terminated their relationship. 'Sam' sued 'RBank' for damages to recover the loss of profits which could have been possibly made, if the information on the mark-up would not have been exposed to 'Econ'. The House of Lord held that 'RBank' was in breach of its duty of confidence, so 'Sam' was entitled to recover damages on a decreasing scale over 4 years, since there was no specific undertaking from the letter of credit.

• Culinary science and hospitality research
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• v.12 no.1 s.28
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• pp.188-202
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• 2006

With large corporations entering into the foodservice market, competitions among those foodservice providers became intense, leading to differentiated quality services in terms of portioning out the meal, its portion and waiting time, not to mention food quality. The purpose of providing foodservice is to satisfy its customers, to secure optimum level of profits, and attain continuous quality improvement. To have such purpose attained, all other factors affecting the foodservice should be allowed to play a role. The intensity of the work performed by the employees should be maintained at a steady level and systematically controlled. 'Service First’ principles upholding that customer satisfaction comes from good service should be applied at all times; customer satisfaction comes from the satisfaction of the employees. Customer satisfaction through good service will contribute to an increase in revenue which we get by subtracting operating expenses from the total sales, as it will lead to concluding a long-term supply contract or renewing the existing contract. To keep the operating expenses to the minimum level, it is important to effectively perform the cost control. Since personnel expenses occupy a large portion of the operating expenses, it is imperative to effectively control the labor costs. For this reason, this study will present an effective program for disposition of men with a large organization being centered around, where the number of people served at the mess hall varies greatly depending on a day of the week and a mealtime of the day.

• Journal of the Korean Geographical Society
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• v.43 no.6
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• pp.914-937
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• 2008

This paper suggests the 'growing together' strategy through the instrument of horizontal equalization development fund collected by Seoul Metropolitan Area(SMA) governments. This method is a kind of SMA's special grant composed of the real estate related taxes, corporate tax, property-related capital gain tax,. development gain, various charges by 'The Framework Act on the Management of Charges', the sharing of tax revenues. Also the up-zoning and exemption of capital gain tax burden in SMA's plant site sale process is suggested as a another method. Finally governance strategy with contract theories and social agreements point out how mutual duties between two parties can be efficiently managed. Governance system among levels of government is executive strategy that could be used as clarifying and learning tools for co-development by SMA's special grant.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2008.11a
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• pp.216-221
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• 2008

This study has been carried out in order to observe the status of performance warranty contracting system currently being implemented at the advanced countries including Europe, U.S.A., and Japan, review the introduction feasibility and possibility. For this purposes this study has surveyed the concept and necessity of performance warranty contracting system as well as the status of domestic performance warranty contracting system. Especially the application environment for the performance warranty contracting system of Europe, U.S.A., Japan and Korea in terms of maintenance guarantee liability system, performance warranty regulations for design-build contracting system, selection method of successful bidder, performance warranty means, project contracting system including maintenance cost, and specifications and contract conditions for performance warranty system have been comparatively evaluated. And introduction methods of performance warranty contracting system were suggested.