• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.17 no.5
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• pp.205-221
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• 2022

In this study, the authors investigated the effect of salesperson's Selling Influence Tactics (SIT) on customers' psychological obligation, trust in salespersons and repurchase intentions in the offline cosmetics purchase channel. In addition, we examined the moderating effect of service quality perceived by customers. To this end, a survey was conducted on 298 customers who had purchased cosmetics through the offline sales channel, and the authors conducted hypothesis testing through a structural equation model. As a result of the study, first, among salesperson's sales influence tactics, emotional appeal tactics (H1a), customer ingratiation tactics (H1d), and personal appeal tactics (H1e) were found to affect the psychological obligation of customers, and emotional appeal tactics (H2a), rational persuasion tactics (H2b), information provision tactics (H2c), and customer ingratiation tactics (H2d) were found to affect trust in salespeople. Third, it was found that the psychological obligation did not have a positive (+) effect on the customer's repurchase intention, and the customer's trust in the salesperson had a positive (+) effect on the repurchase intention. Third, perceived service quality showed a significant moderating effect between psychological obligation and repurchase intention, trust in salesperson and repurchase intention. In previous studies on salesperson's Selling Influence Tactics (SIT), many studies examined salesperson's Selling Influence Tactics (SIT) by specifying sub-variables in a limited way, and studies confirming marketing factors such as repurchase intention were also insufficient. Therefore, the results of the empirical research confirmed based on this study are expected to help the standard or direction of the salesperson's Selling Influence Tactics (SIT) in future studies. In addition, this study describes implications for providing help in employee education and management for small business owners who manage and operate offline cosmetics stores, and sales strategies that should be strategically established to improve perceived service quality for customers.

• Journal of Digital Convergence
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• v.14 no.5
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• pp.507-517
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• 2016

Social obligation of a nation must be assigned to the people, legally belong to the nation. The Republic of Korea assigns a social obligation to the Koreans, the Military Service which is regulated by the Constitution of the Republic of Korea and the Military Service Law of Korea. However, behind the law, a serious discussion, the rationality and equity, is possibly discovered from the reality of the military service system against athletes of Korea. The purpose of this study was to analyze the military service system against athletes of Korea based on the Constitution of Republic of Korea and the Military Service Law of Korea. Three proposals, prohibit duplicated benefits of athletes, military service evasion after care system and keeping the military and police sport organization as nonprofessional, to recover the institutional problems regarding the equity and rationality were suggested in the end of this research. With the results, this research hopefully contribute to the development of sport law, fundamental obligation with sports and the military service system on athletes in Korea.

• The Korean Society of Law and Medicine
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• v.9 no.1
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• pp.319-382
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• 2008

As a withdrawing care's study, the purpose of this study is searching about withdrawing care's acceptance and circumstances through Bora-mae hospital case(chapter 1). Withdrawing life-sustaining treatment has various forms. Though the meaning of euthanasia, death with dignity, natural death, physician assisted suicide are duplicated, the meaning of those are different slightly. Firstly, this study looks about the difference of the those meaning and acceptance range(condition) by withdrawing care's forms(chapter 2). Bora-mae hospital case sentenced guilty about physician who discharged incompetent patient who was after surgery by patient's wife determination. This Bora-mae case that sentenced guilty about discharge against medical advise(DAMA) that is regarded to custom has brought intensive confliction of legal, social, medical aspect, Bora-mae hospital case has many legal problems. First, as to criminal law rule 250(murder), the problem is whether discharge and withdrawing life-sustaining treatment is commission or omission. this study concluded omission(district court: omission, appeal, supreme court: commission). Because legal denounce point of discharge and medical treatment withdrawing is omission that physician who is obligatory on patient to cure. If physician's act is regarded omission, it is necessary to determine whether he has guardian status and obligation. Without guardian status and obligation, omission crime can't exist. This study decided that physician had guardian status and obligation and foundation of guardian status was pre-action or acceptance of emergency patient. Physician's medical treatment duty finished when patient(or patient's guardian) demands discharge. But when patient death is foreseen and other possible treatment does not exist, his duty of life prolonging treatment does not finish. This originate from physician's social responsibility and public status that limits patient's private liberty. This study regarded physician's action as accomplice about whether physician's discharging action is accomplice or the principal offender(district court: the principal offender, appeal, supreme court: accomplice). Though the principal offender needs criminal determination and action, there is no this common determination and functional action control of physician in Bora-mae case(chapter 3). Bora-mae hospital case partly originated from deficiency of legal, institutive system including medical security system shortage, the instruction is 1. medical security system strengthening, 2. hospital ethical committee's activity strengthening, 3. institutionalization of withdrawing life-sustaining treatment, 4. acceptance of pre-decision making system, 5. sufficient persuasion of physician for patient and faithful writing of medical paper, 6. respect for patients' self-determination and rights, 7. consciousness's changing for withdrawing life-sustaining treatment and persistent education about medical ethics(chapter 4). Considering Bora-mae case, medical sector is not the dead ground of a criminal punishment. Intervention of criminal law in medical sector give rise to ill effect, that is, excess medical examination and treatment, safeguard treatment, delay of discharge from a hospital. Because sufficient guarantee of life becomes mere empty slogan under situation that impose a burden of heavy cost to family or hospital, public and systematic solution should be given(chapter 5).

• Journal of the Korea Academia-Industrial cooperation Society
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• v.19 no.3
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• pp.180-185
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• 2018

The literature of unfair labeling and advertising(ULA) was reviewed, along with the requirement for establishing an obligation to compensate for damage(OCD) by it based on the Act on Fair Labeling and Advertising(FLAA). ULA covers cases of possible deception or misleading consumers and thereby undermining fair trade order, or making other business entities do so. FLAA regulates OCD by ULA, but the Civil Act should also be considered for its effective results since the Act regards ULA as unlawful and duty bound to make compensation for damages arising therein. In this context, the study analyzed qualitatively 17 supreme court precedents related to OCD by ULA among a total of 119 by advertising to find the characteristics of the judgemental principles. It is found that most principles came from FLAA and the Act focusing on the meaning of false or exaggerated advertising, which is one of the following five ULA types according to its standards of judgment: its requirement for fraudulent acts, the meaning of damage by it, the perspective of calculation of damages, the requirement of OCD, and the characteristics of claim for damages. A more effective policy is suggested based on FLAA and related research should be continually carried on.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.76
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• pp.125-145
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• 2017

Where an insurer has unreasonably refused to pay a claim or paid it after unreasonably delay, the existing law in England does not provide a remedy for the insured. Accordingly, the insured is not entitled to damages for any loss suffered as a result of the insurer's unreasonable delay. This legal position differs from the law in Scotland and most major common law jurisdictions. LC thought that the legal position in England is anomalous and out of step with general contractual principles. LC considered that a policyholder should have a remedy where an insurer has acted unreasonably in delaying or refusing payment of claim, and, therefore, recommended a statutory implied term in every insurance that the insurer will pay sums due within a reasonable time and breach of that term should give rise to contractual remedies, including damages. More detailed recommendations of LC are as followings. First, it should be an implied term of every insurance contract that, where an insured makes a claim under the contract, the insurer must pay sums due within a reasonable time. Secondly, a reasonable time should always include a reasonable time for investigating and assessing a claim. Although a reasonable time will depend on all the relevant circumstances, for example, the following things may need to be taken into account, that is, (1) the type of insurance, (2) the size and complexity of the claim, (3) compliance with any relevant statutory rules or guidance, and (4) factors outside the insurer's control. Thirdly, if the insurer can show that it had reasonable grounds for disputing the claim(whether as to pay or not, or the amount payable), the insurer does not breach the obligation to pay within a reasonable time merely by failing to pay the claim while the dispute is continuing. In those circumstances, the conduct of the insurer in handling the dispute may be a relevant factor in deciding whether the obligation was breached and, if so, when. Fourthly, Normal contractual remedies for breach of contract should be available for breach of the implied term to pay sums due within a reasonable time. Finally, In non-consumer insurance contracts, the insurer should be permitted to exclude or limit its liability for breach of the obligation to pay sums due within a reasonable time, unless such breach was deliberate or reckless, and such an insurer's right to contract out will be subject to satisfying the transparency requirements.

• Journal of the Korean Society of Marine Environment & Safety
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• v.24 no.6
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• pp.717-725
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• 2018

IMO developed VIMSAS for effective application of IMO instruments related to maritime safety and environmental protection and was implemented from 2006 to 2016. Based on this, the purpose and procedures of VIMSAS applied to IMO member states by trial, and IMSAS was enforced from January 1st 2016. IMSAS was implemented to ensure that IMO Member States, such as flag states, coastal states and port states that ratified the IMO Convention, are properly performing their given responsibilities and to ensure the effective implementation of the IMO instruments through the improvement of identified non-conformities. In this study, the auditing contents and procedures were verified based on IMO documents in order to prepare for the IMSAS audit of Republic of Korea scheduled for 2020. For this purpose, this study proposed an update of a directory, development of monitoring system for information reporting required by IMO instruments, designation of relevant experts, preparation of an English version of related national laws, training of IMSAS auditors and establishment of an IMSAS audit response team for audit of IMSAS in 2020 by referring to the results of the VIMSAS for Republic of Korea, major findings of the VIMSAS of other IMO member states, and Consolidated Audit Summary Report (CASR), which was submitted at the 5th IMO III sub-committee.

• Journal of the Korean Solar Energy Society
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• v.32 no.3
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• pp.153-161
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• 2012

This study conducted a survey and field investigation on the application of the Public Obligation System for new & renewable energy in public buildings, as well as energy consumption of each building according to their uses. The findings are as follows: (1) Since the introduction of the Public Obligation System (until June 30, 2011), there was average 1.4 new & renewable energy facilities established at 1,433 places. Preference for solar energy facilities was the highest at 57.8%. (2) The revised act sets the obligatory supply percentage of new & renewable energy for each public building: it is 9.0% for a tax office, 4.2% for a dong office, 8.2% for a public health center, and 12.6% for a fire station. All the public buildings except for fire stations failed to meet 10% expected energy consumption, a revised standard. (3) Energy consumption of each public building was 120.6TOE for a tax office, 124.3TOE for a dong office, 166.4TOE for a public health center, and 174.6TOE for a fire station. The energy consumption was comprised of 80% electric power, 18% urban gas, and 1% oil. (4) Electric power consumption per person in the room was high at a dong office, and fuel consumption per person in the room was high at a public health center. In addition, electric power consumption per unit space was high at a public health center, and fuel consumption per unit space was high at a fire station. (5) In all the four public buildings, power load had the highest basic unit percentage at average 55%, being followed by heating load (21.2%), cooling load (15%), and water heating load (7%). A tax office and fire station had 2% load due to cooking facilities.

• The Journal of the Korea Contents Association
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• v.13 no.1
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• pp.175-185
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• 2013

The judgement which is subject of research has denied legal rescission of division of the inherited property by agreement based on (1) the fact that the division of inherited property terminated at the time of concluding mutual agreement in its nature while only the relationship of claim and obligation between the inheritor who has paid for such obligation and the inheritor who has acquired such obligation in the mutual agreement remains (2) and the fact that the legal stability is considerably hindered as the re-partition of inherited property having retroactive effect becomes unavoidable in case of approving the legal rescission of the division of the inherited property by agreement. But it is reasonable to also approve legal rescission on the division of the inherited property by agreement in case the division by agreement actually has the nature such as conditional donation between joint heirs (1) from the fact that the division of the inherited property by agreement gets the nature of disposal equivalent to exchange, transfer and abandonment of share between joint heirs in actuality, (2) and the fact that there are no other theories in approving the validity of mutually agreed rescission despite the fact that the re-partition of inherited property having retroactive effect is unavoidable even in case of the mutually agreed rescission of the division by agreement among all joint heirs. However, as the division of the inherited property by agreement is a contract that gets concluded only if all joint heirs participate, even the legal rescission for the reason of not fulfilling the obligations paid by one party of the heirs during the division by agreement must be considered as possible only by expression of intentions from all other joint heirs excluding this one party.

• The Journal of Society for e-Business Studies
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• v.22 no.4
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• pp.21-38
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• 2017

It is actively opening the market to fintech companies through open platforms, such as financial institutions and public institutions. In this thesis, we will look at the conceptual differences between the "provision of third-party information" and "entrustment" of information protection related laws, such as the Personal Information Protection Act, the Act on Promotion of Information and Communications Network Utilization and Data Protection Etc (Network Utilization Protection Act). In addition, the legal obligation to provide information regarding the legal rights of information is considered to be relevant, whereas the legal obligation of the private information provided by the company is excessively mitigated, whereas the legal obligation of the company to provide information is excessively mitigated. In addition, I suggest self-diagnosis checklist to help fintech companies improve their privacy levels. It was found that the level of information protection was relatively insufficient compared to the consignees based on the results of a survey conducted for 31 fintech companies. Aggressive use of the checklist is suggested to raise the level of information protection for those companies.

• Korean Journal of Construction Engineering and Management
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• v.21 no.4
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• pp.21-29
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• 2020

This study analyzed problems of operating performance bond for public works and derived some suggestions for improvement. The Contract Law for Government Owner requires to submit performance bond which guarantees performing the construction contractor pays back compensation money when the obligation is not executed. Currently, first bid eligibility for participation is exactly required for executing company of performance bond obligation, not considering volume, technical level, and special type of remaining works. In collaboration contract, if guarantee accident occurs, it is obliged for remaining collaboration contractors to be qualified to fulfill the whole contract. This study proposes following improvement plan to solve problems of current performance bone in public works. Firstly, qualification criteria must be deregulated exceptionally for selecting proper contractor, which executing performance bond obligation, considering progress and characteristics of remaining works. Secondly, In collaboration contract, the prerequisite of remaining contractors' should be deregulated as 'implementation requirement of the remaining works'from'implementation requirement of the whole work'. Finally, defect responsibility should be included in liabilities of performance bond by specifying that owner or guarantee agency bear them.