• Journal of Arbitration Studies
• /
• v.17 no.2
• /
• pp.167-187
• /
• 2007

As Korea has reached a free trade agreement with the United States of America, it is required to provide an appropriate procedure to ".kr" domain name disputes based on the principles established in the Uniform Domain Name Dispute Resolution Policy(UDRP). Currently, Internet address Dispute Resolution Committee(IDRC) established under Article 16 of the Act on Internet Address Resources provides the dispute resolution proceedings to resolve ".kr" domain name disputes. While the IDRC's proceeding is similar to the UDRP administrative proceeding in procedural aspects, the Domain Name Dispute Mediation Policy that is established by the IDRC and that applies to disputes involving ".kr" domain names is very different from the UDRP for generic Top Level Domain (gTLD) in substantial aspects. Under the Korea-U.S. Free Trade Agreement(KORUS FTA), it is expected that either the Domain Name Dispute Mediation Policy to be amended to adopt the UDRP or the IDRC to examine the Domain Name Dispute Mediation Policy in order to harmonize it with the principles established in the UDRP. It is a common practice of cybersquatters to warehouse a number of domain names without any active use of these domain names after their registration. The Domain Name Dispute Mediation Policy provides that the complainant may request to transfer or delete the registration of the disputed domain name if the registrant registered, holds or uses the disputed domain name in bad faith. This provision lifts the complainant's burden of proof to show the respondent's bad faith because the complainant is only required to prove one of the three bad faiths which are registration in bad faith, holding in bad faith, or use in bad faith. The aforementioned resolution procedure is different from the UDRP regime which requires the complainant, in compliance with paragraph 4(b) of the UDRP, to prove that the disputed domain name has been registered in bad faith and is being used in bad faith. Therefore, the complainant carries heavy burden of proof under the UDRP. The IDRC should deny the complaint if the respondent has legitimate rights or interests in the domain names. Under the UDRP, the complainant must show that the respondent has no rights or legitimate interests in the disputed domain name. The UDRP sets out three illustrative circumstances, any one of which if proved by the respondent, shall be evidence of the respondent's rights to or legitimate interests in the domain name. As the Domain Name Dispute Mediation Policy provides only a general provision regarding the respondent's legitimate rights or interests, the respondent can be placed in a very week foundation to be protected under the Policy. It is therefore recommended for the IDRC to adopt the three UDRP circumstances to guide how the respondent can demonstrate his/her legitimate rights or interests in the disputed domain name. In accordance with the KORUS FTA, the Korean Government is required to provide online publication to a reliable and accurate database of contact information concerning domain name registrants. Cybersquatters often provide inaccurate contact information or willfully conceal their identity to avoid objection by trademark owners. It may cause unnecessary and unwarranted delay of the administrative proceedings. The respondent may loss the opportunity to assert his/her rights or legitimate interests in the domain name due to inability to submit the response effectively and timely. The respondent could breach a registration agreement with a registrar which requires the registrant to submit and update accurate contact information. The respondent who is reluctant to disclose his/her contact information on the Internet citing for privacy rights and protection. This is however debatable as the respondent may use the proxy registration service provided by the registrar to protect the respondent's privacy.

• Journal of Arbitration Studies
• /
• v.29 no.4
• /
• pp.57-75
• /
• 2019

In investigating how set-off defenses matter in arbitration, one should take into account that it is not permitted against the parties' will for arbitrators to rule on the disputes that are not the subject of an arbitration agreement, unless otherwise agreed upon by the parties involved, because it is considered that the parties intend to solve only the disputes which are the subject of the agreement by arbitration. Also, one should keep in mind that the parties must settle the disputes that are the subject of an arbitration agreement by arbitration when they conclude the agreement, and it is not allowed against the parties' will to resolve the disputes in other ways. The parties may agree whether the respondent can request for arbitration on the counterclaim, which is his/her claim against the claimant, and whether the respondent can raise a plea for a set-off that his/her claim against the claimant is a counter obligation. Failing on such agreement, the respondent may submit a counterclaim when his/her claim and the claimant's claim are the subject of the same arbitration agreement. The arbitral tribunal may rule on the counter obligation when the arbitration agreement, which becomes the basis for the claimant' claim, has an effect on the counter obligation. Where the claimant fails to raise an objection even after he/she becomes aware that the respondent has requested for arbitration or has raised a plea for set-off by providing his/her claim which is not the subject of the arbitration agreement as a counterclaim or a counter obligation, the arbitral tribunal may rule on the respondent's claim against the claimant. On these occasions, the arbitral tribunal has to guarantee the parties an opportunity to defend themselves by pointing out those situations. It will meet the purposes of arbitration systems to rule out the jurisdiction of the courts when the plaintiff alleges the existence of the arbitration agreement, in case the respondent raises a plea for set-off based on his/her claim which is not the subject of the arbitration agreement in the litigation procedures. However, where the plaintiff fails to allege the existence and conducts pleading in the court with regard to the counter obligation, the court must not reject the respondent's set-off defense because of the existence of the agreement.

• International Journal of Human Ecology
• /
• v.14 no.1
• /
• pp.57-69
• /
• 2013

This study investigates Korean high school student's perception of sexual harassment and relative effects of victim's clothing, dating behavior and respondent's gender on perceptions of alleged sexual harassment cases. A quasi-experimental method was applied using a $2{\times}2{\times}2$ between-subjects factorial design that manipulated three variables (clothing exposure, dating behavior, and gender). Questionnaires were distributed to a convenience sample of 540 high school students and 530 questionnaires were used for the data analysis. The results indicate that the victim's clothing and dating behavior had a significant main effect on the responsibility for sexual harassment. The respondent put less responsibility on the assailant when the victim wore revealing clothing and when her dating behavior was provocative. The significant interaction effect between the respondents' gender and the victim's dating behavior indicated that when the victim's behavior was provocative, female respondents held more responsible to victim than male respondents did. The results also indicate that victim's clothing, dating behavior, and respondent's gender had significant main effect on the justification of sexual harassment. The respondents indicated that assailant's behavior is unjustifiable; however, when victim more revealing clothing, they indicated that the behavior is more justifiable.

• Asian Pacific Journal of Cancer Prevention
• /
• v.16 no.11
• /
• pp.4677-4683
• /
• 2015

When there is no sampling frame within a certain group or the group is concerned that making its population public would bring social stigma, we say the population is hidden. It is difficult to approach this kind of population survey-methodologically because the response rate is low and its members are not quite honest with their responses when probability sampling is used. The only alternative known to address the problems caused by previous methods such as snowball sampling is respondent-driven sampling (RDS), which was developed by Heckathorn and his colleagues. RDS is based on a Markov chain, and uses the social network information of the respondent. This characteristic allows for probability sampling when we survey a hidden population. We verified through computer simulation whether RDS can be used on a hidden population of cancer survivors. According to the simulation results of this thesis, the chain-referral sampling of RDS tends to minimize as the sample gets bigger, and it becomes stabilized as the wave progresses. Therefore, it shows that the final sample information can be completely independent from the initial seeds if a certain level of sample size is secured even if the initial seeds were selected through convenient sampling. Thus, RDS can be considered as an alternative which can improve upon both key informant sampling and ethnographic surveys, and it needs to be utilized for various cases domestically as well.

• The Journal of the Korea Contents Association
• /
• v.13 no.10
• /
• pp.385-393
• /
• 2013

This study indicates that looking for what was main causes of needs in mental health education, searching through respondent's mental health statue. Respondent who received health education more emphasize than respondent who did not received health education in mental health education and community health education field. Analyzing health status which affected mental health education needs, respondent who concerning lots of the surrounding environment need more health education other than who did not care their surroundings. Such results, we needs highlight more mental health education among health education contents and also, we should provide effectiveness education to university students for improving their health status.

• Journal of the Korean Society of Food Culture
• /
• v.21 no.5
• /
• pp.439-445
• /
• 2006

The purpose of this study was to measure respondent's demographic characteristics, respondent's attitudes toward chicken, and factor influencing on the level of perceived helpfulness of country of origin in predicting the quality of chicken. The data was collected through a consumer survey during the March 2006. A total number of 250 meat consumers living in Suncheon, the eastern part of Chonnam, were randomly selected as respondents. Eleven respondents did not complete the survey instrument, resulting in a final sample size of 239. All estimations were carried out using chi-square, correlation, and logistic procedure of SAS package. The results are as follows. The level of perceived helpfulness of country of origin in predicting the quality of chicken was significantly different by age and occupation of demographic variables, and was significantly correlated with respondent informed of attitude variables. The proportional odds assumption of model was not violated at p<0.05. The effects of income, occupation and respondent informed on the level of perceived helpfulness of country of origin in predicting the quality of chicken. The results from this study could be useful in developing marketing and health promotion strategies, as well as government trade policy.

• Survey Research
• /
• v.3 no.2
• /
• pp.47-76
• /
• 2002

Starting point bias arises in the iterative bidding framework when the initial bid influences respondent's final bids. The bidding game has become the most commonly used method of asking the valuation question in contingent valuation studies. A bidding game is typically conducted by either personal or telephone interview. Bidding begins with an interviewer positing an initial bid (starting bid) to a respondent. If the respondent is willing to pay the initial bid, the interviewer revises the bid upward until a negative respondent is obtained. A negative response to the initial bid downward until an acceptable amount is found. The final bid is a measure of the respondent's Hicksian compensating or equivalent surplus for the item being valued. This paper explicity tested for starting point bias in bidding games. That is, it was asked whether final bids are influenced by the magnitude of the starting bids in the process of valuating the WTP when to improve the quality of running water in Seoul and its vicinity. The result shows staring point bias exists in the present data and its magnitude is ${\delta}$=-0.265237.

• Korea Journal of Hospital Management
• /
• v.6 no.2
• /
• pp.173-201
• /
• 2001

This study purports to examine the current management and information technology related strategy of Korean hospitals and suggest the effective management strategy in the 21st century when is digital era. Specifically the study tries to analyze the changing trends of strategic orientation and investigate the general management and information technology strategy of Korean hospitals. Self-administered Questionnaires were distributed to 721 hospitals nationwide and finally 98 Questionnaires were analyzed for the study. The results of the study are as follows : 1) Half of the respondent hospitals reported that they have an analyzer orientation in 2000, whereas 19.4% were prospectors, reactors 16.4%, and defenders 14.3%. However, the respondent hospitals intended to have a prospector orientation in the future (2002), while 29.6% planned on being analyzers, 17.3% reactors, and 3.1% defenders. 2) Hospital services for improving patient satisfaction were the most common. strategy for the respondent hospitals, followed by cost containment, organizational restructuring, employee education, purchasing system change, specialization of clinical services, quality improvement of medical care, strengthening the networking with the stakeholders, public relations and marketing strategy, diversification, and installing the information system. However, the strategies of annual salary system, retrenchment of unprofitable services, merit payment based on performance were still not popular for the respondent hospitals. 3) As for the strategies related with information technology, most hospitals have not implemented actively, except for the establishment of home-pages, order communication systems, and insurance claims through electronic data interchange system. 4) There were significant differences in the level of strategy implementation in terms of the ownership, bed size, financial performance, and the top managers I knowledge of information technology. The larger bed size, the higher financial performance, the better knowledge of information technology the top managers have, the more strategies the respondent hospitals implemented. The managerial and political implications for Korean hospitals in digital era were also discussed.

• Korean Journal of Human Ecology
• /
• v.9 no.4
• /
• pp.429-445
• /
• 2000

This study was analyzed for the relationship between the self-differentiation of the university students and Kinetic Family Drawings that was responded their mental aspect. Results of this study were following. First, the level of self-differentiation by sex, age, region and grade was significantly different. Second, Kinetic Family Drawings respondent characteristics by their sex, age, region, grade and sibling order was significantly different. Third, in the relationship between the self-differentiation of the university students and Kinetic Family Braving respondent characteristics, when the group had less conflict and more interaction among family members, they could separate their subjective and objective tension and they could attach to their parents. In the case that crisis was occurred in their family, they had less possibility to represent dysfunctional communication style or regressive behaviors.

• Journal of the Korean Society of Food Culture
• /
• v.11 no.3
• /
• pp.299-304
• /
• 1996

The objective of this study was to investigate important factors affecting food choice, specific dietary changes over past few years and to find out consumer opinions concerning the use of yogurt and oligosaccharides. Results of this study showed that three most important factors in food selection were taste (52.5%), nutrition (23.4%) and safety (15.8%). Three most important nutritive factors were protein (26.3%), calorie (19.2%) and vitamin (13.8%). Specific dietary changes of the respondent over past few years didn't affect meat intake, but increased vegetable and fruit intakes. Majority of the respondent (52.3%) ate yogurt more than 3 times per week and 35.6% of them ate $3{\sim}4$ times per month. Reasons for intake of oligosaccharides were as follows; low calorie (40.8%), sweetener (28.3%)and bifidogenic factor (25.0%). The respondent regarded that yogurt had more preventive effect of disease than that of oligosaccharide.