• Journal of Arbitration Studies
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• v.24 no.2
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• pp.109-136
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• 2014

The separability of an arbitration clause is generally recognized throughout the world, but there are no provisions of it under the Federal Arbitration Act(FAA) of the United States. As such, the controversy over the recognition of separability has developed with the rise of certain cases. The Supreme Court recognized this separability based on section 4 of the FAA in the decision of the Prima Paint case. The Court ruled that courts must decide the claim about the fraudulent inducement of an arbitration agreement itself, but they must not decide the claim about the fraudulent inducement of a contract involving a broad arbitration clause, and they have to proceed with the arbitration. The Court said that the subject of an arbitral award is set by the agreement of the parties, and thereby arbitrators can decide the issues about the fraudulent inducement of a contract on the basis of the arbitration clause when it is broad to the point of including the issues. Many courts have extended the separability beyond the fraud context to include other defenses to contract formation in the federal courts such as the occurrence of mistake, illegality, and frustration of purpose. In interpreting the parties' intention of ensuring arbitrator competence, the Supreme Court has treated differently the issues about whether the arbitration agreement exists or not and the issues about whether the preconditions for dispute resolution by a valid arbitration agreement is fulfilled or not. The Court holds that the federal policy in favor of arbitration does not apply to the former issues, and arbitrators can decide theses issues only when parties assign them clearly and unmistakably to them. However, the later issues receive a presumption in favor of arbitration; i.e., when the interpretation of a valid arbitration clause is contested, the arbitrators can decide these issues. In the First Options case, the former issue was questioned. The question of the separability of an arbitration clause is where the validity of the main contract involving the arbitration clause is contested. Therefore, the doctrine of separability did not operate in the First Options case in which the validity of the arbitration clause itself was questioned, and the decision in the First Options was irrelevant to the separability. I think that the Prima Paint case and the First Options case have different issues, and there is no tension between them.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.17 no.3
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• pp.147-163
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• 2022

The relocation policy of public Institutions throughout provincial areas that implemented for the purpose of "balanced national development" finished in 2019 with the last relocation of the Korea Institute of Science & Technology Evaluation and Planning, which moved to Chungbuk Innovation City. Electric power public corporations also completed relocation program over eight regions across the nation. This study was conducted empirically to identify the structural relationship between the public service motivation and job attitude. In this, the relationship of organizational change, particularly occurred by the regional relocation, with the psychological state of these organization members (experienced direct changes and got substantial impacts in various aspects such as psychological, economic and living environment, etc.,) was studied. This study aims to seek early organizational stabilization ideas for electric power public corporations after relocation, and to present some implications that can contribute to the secondary relocation of public institutions to local areas. This study shows the statistically significant relationship between the psychological state occurred by relocation and organizational commitment. The result shows that the higher the expectation levels, the higher the degree of organizational commitment, while anxious psychological state has no relation with that. Additionally, expectation level has no significant functional relation with turnover intention. Followings are the major conclusions revealed in this study; The stronger the anxious psychological state, the higher the turnover inducement goes up. The higher the expectation levels, the higher the public service motivation grows, and the higher the anxiety psychological state, the public service motivation lowers. The organizational commitment grows according to the public service motivation proportionally, but the turnover inducement intention is weak. The moderating effect of public service motivation between the expectation of organizational change and turnover intention was not significant, but it was analyzed that the moderating effect of public service motivation formed a significant relationship with other anxiety psychology. The expectation levels of employees of electric power public corporations has grown up after moving to provincial areas. Relationship between the expectation mind and the turnover inducement has decreased after local relocation.

• The Journal of Fisheries Business Administration
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• v.49 no.3
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• pp.85-99
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• 2018

This study is to compare and evaluate the estimating method of WTP(willingness to pay) for the valuation of oceans and fisheries resources with non-market goods characteristics using contingent valuation method. In general, when estimating parameters of the WTP function, we should take into account the assumption of probability distribution, inclusion of covariates, method of inducement of payment, and the treatment of 0 payment intention and resistance responses. This study utilizes survey data that was used to estimate the value of fisheries resource protection zones, with a total of 1,200 samples. The main results of this study are summarized as follows: First, the final willness to pay amount is estimated at a statistical significance of less than 1 percent, and the distribution of the final willness to pay amount is from \6,926 of the double bounded dichotomous model to \10,721 of the spike model. Second, the willness to pay amount based on assumptions about the normal and logistic probability distributions are estimated to be \9,429 and \9,370 respectively, so there was no significant difference. Third, the willness to pay amount of the single bounded dichotomous model and the double bounded dichotomous model are estimated to be \8,951 and \6,926 respectively, making a relatively large difference. Fourth, the willness to pay amount of the model without covariates and the model with covariates are estimated to be \9,429 and \8,951, respectively, so the willness to pay amount is underestimated when the covariates are included. Fifth, the Spike model that considers zero payment intention and resistance response estimates \10,405 as the highest payment in this study. Finally, the CVM analysis guidelines proposed by the Korea Development Institute (KDI) are estimated to be \9,749 and \10,405 respectively, depending on including no covariates and with covariates. Compared to other models, the final willness to pay amount is not estimated underestimated. Therefore this study suggests the use of KDI's guidance under government public policy projects. In view of these results, the estimating model for willness to pay amount model will be selected by considering the sample size, the suitability of the model, the sign of the estimated coefficient, the statistical significance, the ratio of the zero payment intention and the payment rejection. And, for CVMs on government public policy projects, it is desirable to estimate by the method proposed by the KDI.

• Journal of Digital Convergence
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• v.8 no.2
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• pp.147-160
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• 2010

Internet shopping mall business has taken its place as a major form of e-commerce and is evolving constantly. At the same time, disputes of various kinds are also arising in proportion to the evolution. A typical example is when a consumer purchased a product from an internet shopping mall and the seller wants to cancel or withdraw the sales contract saying that he miswrote the price or other important information when posting the product on the internet. It's about the error on the seller's part. Civil Law Chapter 109, legal principles on errors, appears to assume the case of natural declaration of intention. It was observed that legal principles on errors defined by the Civil Law are also applied in internet shopping malls, where declaration of intention is made electronically. In transactions involving internet shopping malls, where the seller's indication and advertisement constitutes an inducement to offer, the seller may cancel a contract concluded by the consumer's offer and the seller's acceptance if the seller finds errors on his part, and adequacy of the cancellation should be judged depending on specific cases. That is, the judgment of the important ground that comprises prerequisites for cancellation and presence of negligence may depend on how much difference there is between the normal price and the posted price on a specific case. Also, considering the cases where negligence was not perceived on the seller's miswriting of the price, the seller may cancel the transaction in a similar situation.

• Journal of the Korean association of regional geographers
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• v.10 no.3
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• pp.642-653
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• 2004

The purpose of this study is to measure the factor of determination on satisfaction level of the Goksung Simchung Festival. Goksung Simchung Festival has been held since 2000, and Goksung Simchung Festival 2004, which is the fifth, is holding soon. Simchung Festival has unique aspect that it is organised various experience programs and items which stress the importance of "environment" in Seomjin river and Simchung's "Hyo (filial piety)". A study is analysed through research that is consisted of satisfaction factors' items of 17 local festival visitor to study factors of determination of local festival visitor's satisfaction level. This research data is analysed statistical techniques, which are multivariate regression analysis, factor analysis, and reliability analysis, and extracted 4 factors, which are souvenir and food, content of the festival, convenient facilities, and publicity work. In conclusion, the festival is likely to attract more tourists and make them satisfied if better content of the festival is provided. Therefore, most of the tourists need to becoming cleared lo be satisfied due to its values of culture recognition through various contents of the festival. fun factors, and experience programs, So the manager and the director should have continual attention to satisfaction factors of local festival.

• Journal of Korean Society of Forest Science
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• v.99 no.3
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• pp.380-390
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• 2010

This research was conducted to investigate the consciousness of demander on National Forest Management System and to seek for solution to activate it by measuring the variables such as the extent of goal achievement on the system, the extent of importance on function of national forest, benefit for participation of the system, and the extent of importance on the system as well as the extent of demander recognition and intention of participation on the system like, Cooperative Forest Program and People's Forest Program. The target of this investigation is to categorize consumers of National Forest Management System (NFMS) into four types such as environmental organization that do not participate in the system, environmental organization that participate in the team, company to publish a white paper on environmental and local government. As a result, the intention of participation was showed in C Type (62.7%), among fields that respondents interested in participation were tree planting and forest tending (56.2%). However, the rest of the participants were reluctant participate in the NFMS due to more benefit (72.2%) of corporate social responsibility from other fields than those from the field utilizing forestry. If only, diverse facilities related to national forest and active supporting policy are provided by Korea Forest Service, social participation using forest resources would be considered. Although 61% among A Type recognized NFMS in advance, the prime reason for not utilizing are the problems with reserving place for participates in and the inconvenience to participate in on-site. Type D shows slightly high interest in People's Forest Program (3.69). Also, it shows high interest in Forest Recreation (4.15) and Forest Reports (3.90). Particularly, it indicates that GyeongGi-Do and GangWon-Do local government prefers Forest Experience, and Cheolla, ChungCheong and GyeongSang local government prefer Forest Reports. Based on the above study, we finally suggest that legal alignment of the system, and the provision of incentive for inducement of voluntary participation by Corporate Social Responsibility (CSR), and establishment of new exclusive nongovernmental organization be able to operate the system as the solution to activate NFMS in terms of the consumer.