• The Journal of the Korea Contents Association
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• v.10 no.4
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• pp.386-396
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• 2010

The purpose of this study is to examine the non-regular labor dispute from beginning to the ends, thus, give guidance for future similar labor disputes. As a result of this study, firstly, subcontract company union negotiated with their companies, but after their companies was shut up, the union demanded negotiation with Hynix Co.(Hynix Co. contracted with union member's companies about cleaning job etc for every year). However, Hynix rejected the union's demand, because Hynix Co. do not have the legal obligation to negotiate with subcontract company union. Secondly, union members was to in unemployment and for the employment & negotiation with Hynix Co. they did illegal actions against Hynix Co. Thirdly, there was tried many efforts by NGO & government authorities etc to settle the disputes, and mediated, arbitrated by private expert(Certified Public Labor Attorney) Finally, both parties(that is Hynix Co. and subcontract company union) negotiated each other and settled the dispute without employment.

• The Korean Journal of Financial Management
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• v.26 no.4
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• pp.83-102
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• 2009

Banks traditionally focus on the financial services against the uncertain future liquidity needs, i.e. saving as well as lending. As the business model of banks has been shifted from the originate to hold model to the originate to distribute model since the enactment of Gramm-Leach-Bliley Financial Services Modernization Act in 1999, the financial services encompass information gathering and generating, underwriting and risk sharing through packaging claims for the investors, in addition to the payment and settlement services. Ensued are the financial market integration and diversification of financial services, with which the accessibility to financial services is arguably significantly enhanced. Such integration and diversification necessarily entails the risk of contagion due to the non-fulfilling service over the several other financial services, which would be contained easily under the separate financial services. This paper addresses the pricing of fees for the integrated financial services through which the contagion could spread when the users of financial service are not immune to the failure to fulfill their obligation due to the economic turmoil. Consequently the information asymmetry about the clients is unavoidable. Higher fees could drive out the otherwise good clients out of the pool of customers for the financial services. Then, the risk could be exacerbated due to the proliferation of bad clients who are vulnerable to the financial distress and liquidity crunch. So the banks should take into account the interactional effect of the fees between/among the non interest based activities and interest based activities under the information asymmetry. Contrary to our general perception, the current analysis demonstrates that the bank should focus on the reduction of cost associated with good clients rather than that of bad clients.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.38 no.2
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• pp.369-376
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• 2018

The majority of construction projects, from the initiation phase to the project completion and operation phase, are influenced by various types of corruption. Iran, as a developing country, has been suffering from this issue in bidding, tendering procedure, contracts etc. Therefore, due to the importance of this issue, this study attempted to identify the causes of corruption and evaluate the most significant factors in the construction projects in Iran. To this aim, an intensive literature review was performed to investigate the various types of corruption and identify the potential factors causing corruption in construction projects. The questionnaire survey was designed, considering twelve forms of corruption, including 77 causes of corruption in construction projects in Iran. Out of 220 distributed questionnaires, 188 were returned by the participants. The valid collected data sets were analyzed and then Exploratory Factor Analysis was applied. It was discovered that "Inappropriate power-sharing," "Lack of obligation for human resources to properly use resources and abide by the rules and regulations" and "Lack of any monitoring of the government's performance" are the most significant factors. Findings from the study would be valuable for the construction projects authorities and academia in order to combat corruption in the construction projects.

• Korean Journal of Community Nutrition
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• v.15 no.5
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• pp.603-613
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• 2010

Nutrition education in elementary school is confronted with the present problem, as a legal basis about obligation of nutrition education in school was clarified. Moreover, it's also important for providing evidence based scientific resources to make a study of evaluating the education effectiveness. Most studies of the nutrition education effectiveness have evaluated the changing dietary attitude and nutritional knowledge score before and after the nutrition education, and suggested the effectiveness of intervention as changing between pre- and post-treatment. Nutrition education, however, purposing long-term changes, follow-up evaluation process about the learned attitude and knowledge of nutrition education were requested. For these reasons, this study attempted to fulfilled standardized nutrition education program which use "Na Story and Food World" and "Na Story for Me", a textbook for the 1st-3rd grade and 4th-6th grade designed by KFDA, and analyzed the changes about the effectiveness of nutrition education happened over a period of time. In this study, each student was assessed their dietary attitude and nutritional knowledge by four periods, before the education, right after the education, after 3 months, and after 6 months. As a result, an average score of nutritional knowledge before the education, $70.08{\pm}17.91$, were changed significantly higher right after the education to $85.69{\pm}15.05$ (p < 0.001), but it lowered to $84{\pm}15.56$ after 3 month. After the nutrition education, students in all grades had positive dietary attitude to Na reduction (p < 0.001). However, the healthy eating attitude about Na reduction had been unable to maintain after 3 and 6 months. Therefore, the systematic reeducated program in elementary school was positively necessary to reinforce children's learning and cognitive skills to maintain healthy eating knowledge and attitude toward Na reduction.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.113-127
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• 2003

In some legal systems property passes at the time of the conclusion of the contract. In other legal systems property passes at some later time such as the time at which the goods are delivered to the buyer. It was not regarded possible to unify the rule on this point nor was it regarded necessary to do so since rules are provided by this CISG for several questions linked, at least in certain legal systems, to the passing of property. Even though the CISG rules that it does not govern the passing of property in the goods sold, it does not exclude completely the effect which the contract may have on the property in the goods sold. Problems that under some domestic systems are decided by reference to the "property" concept are governed by specific provisions of the CISG. First of All, the CISG(Arts. 41 and 42) deals with seller's obligation to the buyer that the goods be free of third party claims. Moreover, Article 45 gives a buyer the right to require the seller to deliver goods that the seller wrongfully withholds. Secondly, Article 81(2) gives a seller the right to claim restitution of goods for which the buyer fails to pay. Domestic law must respect these rights as between the seller and buyer; if such rights between the parties prevail over the claims of creditors or other third parties under domestic law, domestic tribunals should give the same effect to rights established by the CISG. Thirdly, the right to sell the goods arises where there has been an unreasonable delay by the party in taking possession of them or in taking them back(Article 88).

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.149-170
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• 2015

State's compensation obligation accompanied in case of indirect expropriation of foreign investor's investment asset has been established definite principle under international investment law. But the concrete and unified application criterion regarding valuation methods for measuring compensation have not been established yet. The World Bank investment guideline is adopting the Hull's Formula, which is understood as the full compensation standard with prompt adequate effective compensation and Fair Market Value method. It is a general principle that compensation should be equal to the fair market value of investment asset just before indirect expropriation date. However, there is a problem of the valuation method of fair market value of investment asset. In general, discounted cash flow, liquidation value, replacement value, book value, etc. can be the applicable standards. Arbitral tribunals determine compensation by adopting proper valuation method on a case-by-case basis according to the discretion based on the arbitration parties' experts' review on the presented opinion and by considering fact relevance of the issued dispute. This compensation includes also interest, recently it tends to award according to compound interest rather than simple interest. Beginning of the period to generate interest is the next day of the indirect expropriation occurrence date. And it should be considered that interest until the payment of compensation is also included. In addition, it should be considered that mental damages is available only when there's a basis to prove this or special case. Therefore, this study suggests to review of precedents related to indirect expropriation and concretely specify compensation valuation standard and method of indirect expropriation on investment agreements through enough consultation beforehand.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.25-46
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• 2015

The purpose of this paper is to provide a legal implication about conformity of goods in the international commercial transactions. There are so many legal relationship after the formation of contract. The most of important thing among the obligations of seller is to provide conformal goods which are of quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. If seller violate above duties, seller take the warranty liability. However, CISG describe the conformity of the goods instead of the warranty as follows. First, CISG Art.35(1) states standards for determining whether goods delivered by the seller conform to the contract and Art.35(2) describes standards relating to the goods' quality, function and packaging that, while not mandatory, are presumed to be a part of sales contracts. Article 35(2) is comprised of four subparts. Two of the subparts (article 35(2) (a) and article 35(2)(d)) apply to all contracts unless the parties have agreed otherwise. Second, CISG Art.36 and 38 deals with the time at which a lack of conformity in the goods must have arisen in order for the seller to be liable for it. If seller lack of conformity becomes apparent only after that time, seller is liable for a lack of conformity existing when risk passed to the buyer. Third, CISG Art.49 describe that a buyer who claims that delivered goods do not conform to the contract has an obligation to give the seller notice of the lack of conformity. The most of important things about CISG articles and precedents is that buyer is aware of the lack of conformity and notice it to seller. Failure to satisfy the notice requirements of article 39 eliminates a buyer's defence, based on a lack of conformity in delivered goods, to a seller's claim for payment of the price. Consequently, parties of contract had better agree to the notifying times about lack of conformity. Also, If seller fined the non-conformity, seller has to notify this circumstance to the buyer within short period or agreed time.

• The Journal of Korean Physical Therapy
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• v.22 no.2
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• pp.55-60
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• 2010

Purpose: The purpose of this study was to use the theory of planned behavior, past habit and moral obligation to better understand the behavior of physical therapists (PTs) and occupational therapists (OTs) in protecting the medical information of patients. Methods: We conducted a survey using self-writting questionnaires structured within the framework of the theory of planned behavior to understand to analyze information from 103 clinical PTs and OTs in their efforts to protect patient medical information. Results: The PTs and OTs' medical information protecting behavior was 2.85 mean points. That point failed to reach 1.0 points. Behavior intention was 3.83 mean points. That was judged to be improved. Behavioral intention was closely correlated with behavior, behavioral attitude, subjective norms, behavior control, and past habit. Variables related to the theory of planned behavior, attitude, subjective norms, and perceived behavior control all explained 50% of the behavioral intention of PTs and OTs regarding future divulgence of patient information. The past habits of PTs and OTs were also a significant predictor in explaining the behavioral intention to protect a patient's medical information (p<0.01). Conclusion: Revising the behavioral attitudes, subjective norms, perceived behavior control, and past habits of PTs and OTs helped improve their behavior regarding protection of the medical information of patents.

• Journal of Korean Society of Rural Planning
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• v.15 no.4
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• pp.135-146
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• 2009

Urban forest area in South Korea has been increased up to 20.8% of national land as of 2007 by the mergence of municipalities and counties. The rate of park and green tract among urban forest averages out to about 4% nationally but the Capital, Seoul, almost 105% level, not easy to split the two. Park and green has positive management system because of its infrastructure attribute and relevant security obligation standard while urban forest left alone with no such concerns. The most important reason of the negligence comes from institutional inertia although it is possible to be managed functionally by forest laws as like forests of park, landscape, wind and noise protection, and timber product. As a results, it reaches below than 92.64% of the national average level of the timber stockpile especially in the metropolitan areas and loses broad acres rapidly due to the easy conversion system to the urban land usage. Therefore, there must be required some alternative methodologies to conserve and foster it. The paper proposes the four urban forest management types and their control methods. The four types divide into conservation, foster, development, and reservation ones. Also it suggests the five furtherance tract types with the combination among the four earlier types, optionally having one of the six aim climaxes and recommends the standardization of operation design. The total green quantity index of urban forest also suggested by the weight method according to location and DBH class. The case study of the suggested model was executed on the Daejon Metropolitan area and its index calculated as 110.4% level compared with the acreage.

• Korean Security Journal
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• no.2
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• pp.227-258
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• 1999

In a broad sense, ‘After-care SYSTEM’ for discharged prisoners mean legal actions of prisoners who have been released from lawful detention In its narrow sense, mean preventive protection and observation activities under regular guidance and supervision against those released from penal facilities after a certain period of detention Therefore, they should not be viewed as objects of mere concern or social work programs but preventive protection should he provided to them as part of national criminal policy After-care system is in the following two ways, The one is based on individual prisoner's request and consent, which is called 'Voluntary After-care system', The other is the one which is not based in personal request or consent but is based on obligation, which is named 'Compulsory After-care system In Korea, however no Compulsory After-care system is in practice Voluntary After-care system is to be carried out 6 method in the following by existing Probation, Parole Law. (1) offer of board and lodging (2) allowance of Traveling expense (3) allowance of occupation instrument or lending rehabilitation fund (4) training of occupation and vocational guidance (5) self-reliance support for After-care probationer (6) guidance of good deed And then to establish the society without offenders is the ideal of human beings, but criminal acts don't fade away, so in the field of the science of criminology, the importance of correctional system has become greater. The correctional idea has moved from severe punishment to educational rehabilitation for the goal of protecting both offender and security from the threat of crime in to day Some it is required that Compulsory After-care system is most important system in effective measures, and that existing Probation, Parole Law in Korea is renewed into Compulsory After-care system in the future.