Japanese Corporate Law after the Arrival of Black Ship: Controlling Shareholder’s Fiduciary Duty

Kana Morimura 한국경영법률학회 2009 經營法律 Vol.19 No.3

회사활동이 글로벌화하는 과정에서 일본은 2005년에 회사법제에 대한 큰 폭의 개혁을 단행하였다. 즉 일본에서는 신회사법이 2005년 6월 29일 국회를 통과하고, 2005년 7월 26일 공포되었다. 신회사법은 종래 각 법률에 산재해 있던 회사관련법규정을 하나로 통합한 것으로서 기존의 상법 제2편의 회사부분을 상법으로부터 분리하고, 이를 상법특례법 및 유한회사법 등과 합하여 단행법으로 한 것이다. 신회사법은 형식과 실질 양면에서 대대적인 개정을 단행한 것이다. 일본의 새로운 회사법은 현대적인 기업인수합병제도를 규정하고 있다. 특히 회사지배거래에서 다수파의 횡포로부터 소수주주를 보호하는 것이 문제가 되고 있다. 그런데 일본 신회사법은 소소주주를 보호하는 메커니즘으로서 지배주주의 충실의무를 도입하지 아니하였다. 회사와 주주를 위하여 행동하여야 하는 이사와는 달리, 지배주주는 주주로서의 자신의 이익을 추구하게 된다. 그런데 이사에게 적용되는 그러한 의무는 지배주주에게는 자동적으로 적용되지 않는다. 이러한 측면이 이사와 주주의 충실의무를 해석함에 있어서 서로 상이한 결과를 초래하게 된다. 본 논문에서는 일본에서의 지배주주의 충실의무 도입론을 다룬다. 구체적으로는 제2장에서 일본에서의 지배주주의 충실의무가 왜 인정받지 못하였는가 하는 점에서의 역사적인 배경을 검토한다. 제3장에서는 일본이 모델로 삼을만한, 지배주주의 충실의무론이 미국에서 어떻게 기능하고 있는지를 검토한다. 제4장에서는 회사의 행동에 대한 주주의 책임에 대한 일본에서의 현재의 논의를 소개한다. 그리고 제5장에서는 지배주주의 충실의무의 필요성을 주장하고 일본 신회사법제에 대한 제언을 한다.

Optical anisotropy and surface morphology of InGaAs lattice-mismatched with GaAs(0 0 1)

Toshiharu Morimura,Takahiro Mori,Meoung-Whan Cho,Takashi Hanada,Takafumi Yao 한국물리학회 2004 Current Applied Physics Vol.4 No.6

We investigated surface morphology and optical anisotropy of strained InGaAs lms grown on GaAs(001) substrate usingatomic force microscopy (AFM) and reectance dierence/reectance anisotropy spectroscopy (RDS/RAS). High temperature(HT)-grown samples were found to have a rippled surface structure, however for lms grown using a low temperature (LT) growthtechnique, the surface morphology was signicantly improved, without the ripple structure seen on the HT samples. Furthermore,ex situ RD spectra of LT-grown samples showed notable peaks near the critical energies of band structure originated from bulkelectronic transitions.

WAITING IN CHECKOUT LINES: HOW SELF-CHECKOUT SYSTEMS AFFECT CUSTOMERS’ PERCEPTIONS OF WAITING AND SATISFACTION

F. Morimura,K. Nishioka,C. Minami 글로벌지식마케팅경영학회 2014 Global Marketing Conference Vol.2014 No.7

This research investigated how the relationship between customers’ psychological factors and expectations of self-checkout systems influences overall satisfaction. The results show that perceptions of “social injustice” negatively affect consumer satisfaction when the customer has high expectations. Conversely, the variables “uncomfortable,” “unoccupied,” and “anxious” negatively affect satisfaction when expectations are low.

WAITING IN CHECKOUT LINES: HOW SELF-CHECKOUT SYSTEMS AFFECT CUSTOMERS’ PERCEPTIONS OF WAITING AND SATISFACTION

F. Morimura,K. Nishioka,C. Minami 글로벌지식마케팅경영학회 2014 Global Marketing Conference Vol.2014 No.11

This research investigated how the relationship between customers’ psychological factors and expectations of self-checkout systems influences overall satisfaction. The results show that perceptions of “social injustice” negatively affect consumer satisfaction when the customer has high expectations. Conversely, the variables “uncomfortable,” “unoccupied,” and “anxious” negatively affect satisfaction when expectations are low.

PERIMETER ZONE의 부하처리를 위한 Air-Conditioning System에 관한

전병휘,송미양,Yoshiteru, Seki,Makoto, Morimura,Sintsuke, Kusano,Masanobu, Iwasaki 대한건축학회 1990 대한건축학회 학술발표대회 논문집 - 계획계/구조계 Vol.10 No.2

THE IMPACT OF MARKET ORIENTATION AND SUPPLY CHAIN ORIENTATION ON BUSINESS PERFORMANCE IN JAPANESE RETAILINGa

Yuji Sakagawa,Sami Kajalo,Fumikazu Morimura 글로벌지식마케팅경영학회 2018 Global Marketing Conference Vol.2018 No.07

Introduction Retail competition in Japan has become more intense because of multiple reasons. The income and population composition are changing, and many international retailers have entered the Japanese market. It is important for Japanese retailers to differentiate from competitors and maintain a competitive advantage in the long run. To do so, Japanese retailers focus on increasing customer value by controlling their value chains. Therefore, market orientation and supply chain orientation have become very important for Japanese retailers who try to expand their market shares in the Japanese retail market. This study develops and empirically tests a model of the impact of market orientation and supply chain orientation on business performance in Japanese retailing. Theoretical Development Previous literature provides evidence on the positive impact of market orientation on business performance (e.g. Cano et al., 2004; Murray et al., 2011; Morgan, 2012; Ngo & O’Cass, 2012). There are also a few studies in the context of retailing (e.g. Griffith et al., 2006; Kajalo & Lindblom, 2015; Moore & Fairhurst, 2003; Yu et al., 2014). However, only a few studies are focusing on the relationship between supply chain orientation and marketing orientation and the impact of their interplay on business performance (e.g. Martin & Grbac, 2003; Min et al., 2007). Market orientation can be seen as the foundation for customer relationship management. The effectiveness of customer relationship management depends heavily on market intelligence. To attract new customers and retain old customers firms have to satisfy not only existing needs but also latent needs. In retailing, market orientation is very important because the organization of retailing is based on the multi-unit organization where sales staff in stores is in close contact with customers and can get direct information from the customers. Supply chain orientation (SCO) is separated into two concepts: strategic supply chain orientation and structural supply chain orientation (Patel et al., 2013). Strategic SCO is defined as the supply chain directed motivation and objectives arising from executive strategic plans and decisions. Structural SCO is defined as the behaviors and actions related to supply chain management in the implementation of its strategic plan. Therefore, strategic SCO is the antecedent of structural SCO. In retailing, many retail buyers search and negotiate with the suppliers who have the ownership of strong brands and distribution networks. In the buying process, retail buyers can get market information from suppliers. Thus, a retailer can collect market information from internal and external sources. This information is useful for the retailer to not only make marketing plan but also to revise marketing plan during its implementation process. To sum up, customer relationship management and supply chain orientation have a positive impact on marketing capabilities. Similarly, marketing capabilities have a positive impact on business performance. The theoretical framework of the study is presented in Figure 1. Data and Measurement To test the framework, we conducted a mail survey (N=243) among Japanese retailers in 2017. The scales were adapted or developed from existing literature. Market orientation (MO) was based on questions adapted from Narver and Slater (1990). Strategic SCO (STRACO) and structural SCO (STRUSCO) scales were based on Patel et al. (2013). Customer relationship management (CRM) was based on Vorhies et al. (2011), marketing capabilities (MKGCAP) was based on Morgan et al. (2003) and Vorhies and Morgan (2005). Business performance was based on Hooley et al. (2005). The measurement model was assessed using Mplus 8. The measurement model specification allows each construct to covariate with all others. The fit indexes of the measurement model were satisfactory (CFI: 0.95; TLI: 0.94; RMSEA: 0.05; SRMR: 0.05). Next, we tested the reliability and validity of measurements. The convergent and discriminate validity of the latent variables were tested by confirmatory factor analysis where all constructs are correlated (Table 1). Also, we tested the common methods variance using two methods: Harman’s single factor test and the common latent method. The results of these methods suggest that common method variance is not a problem in this study. Results and Conclusions We tested the hypotheses by applying structural equation modeling (SEM) using Mplus 8. The results are presented in Figure 1. The proposed model provides a good fit to the data (χ2= 517.1, d.f.=290, p < 0.000; CFI = 0.94; TLI = 0.94, RMSEA = 0.06, SRMR = 0.08). In addition, we assessed the mediating role of marketing capabilities by employing a bootstrapping routine (Table 2). Figure 1 presents the results of the SEM. Most hypotheses were supported, and overall the study provides evidence of the importance of market orientation and strategic SCO on business performance. The most interesting findings are related to the role of marketing capabilities and structural SCO. First, the results show that marketing capabilities serve as a mediator between business performance and customer relationship management (H7). The main aim of CRM is to establish and keep the relationship with target customers. CRM contributes to increasing the marketing capabilities by helping retailer achieve marketing objectives more effectively and efficiently (Chang et al., 2010). Second, marketing capabilities is not a mediator between business performance and structural SCO (H8). The structural SCO has a negative direct impact on business performance, while structural SCO has a positive impact on marketing capabilities which in turn has a positive impact on business performance. Japanese retailer-supplier relationships are different from that in the western economy (Chung et al., 2006). The channel members in Japan have a long-term orientation when they establish a relationship with each other. The findings of our study reflect this cultural aspect of Japanese retailing environment. Japanese retailers purchase products and services from suppliers on long-term. Economic performance is not a single decision making criteria. Instead, relationships with suppliers who do not contribute fully to economic performance continue. The result of H8 refers to this character of Japanese retailing environment.

Trojan horse in an insect symbiosis

Seonghan Jang,Kota Ishigami,Aoba Yoshioka,Hiroyuki Morimura,Kazutaka Takeshita,Aya Yokota,Lionel Moulin,Peter Mergaert,Daisuke Nakane,Yoshitomo Kikuchi 한국응용곤충학회 2023 한국응용곤충학회 학술대회논문집 Vol.2023 No.10

Many insects form mutualistic relationships with microbial symbionts, crucial for their physiological processes. The bean bug, Riptortus pedestris, establishes a unique gut symbiosis with the genus Caballeronia and consistently acquires these symbionts from surrounding soil with each generation. As a result, the bean bug unavoidably consumes a variety of environmental microbes, including potential pathogens. To address this, the bean bug has developed a specialized organ in its midgut that selectively filters out non-symbiotic microbes, thereby preventing contamination of its symbiotic organ. In this study, we identified a pathogenic strain from the genus Burkholderia that lethally affects the bean bug post-invasion of the symbiotic organ. This pathogen employs a strategy of mimicking the motility of native symbionts to infiltrate the symbiont sorting organ and displays a pronounced resistance against antimicrobial agents produced by the host. Upon establishing itself in the symbiotic organ, the pathogen breaches the midgut cells, leading to host mortality, and subsequently disperses into the external environment. Our findings unveil a cunning pathogenic tactic that exploits the mimicry of native symbionts within an insect's symbiotic framework.

Optical anisotropy of GaNAs grown on GaAs(0 0 1)substrate

Takahiro Mori,Takashi Hanada,Toshiharu Morimura,Meoung-Whan Cho,Takafumi Yao 한국물리학회 2004 Current Applied Physics Vol.4 No.6

In this paper GaNxAs1. x surfaces during growth are observed using reectance dierence or reectance anisotropy spectroscopy(RDS or RAS). The epi-layer was grown by solid-source molecular beam epitaxy (MBE) system with a RF nitrogen prasma source.RD spectra showed broader structure and reduced amplitude compared to those of GaAs surfaces; GaAs(2×4)-like features werestill observed with weak and blue-shifted peaks. In the low growth temperature region, an extra structure was also observed around 3.02 eV. We proposed that GaNxAs1-x surface can be classied into three types of the surface.

Prediction of overseas migration of the small brown planthopper, Laodelphax striatellus (Hemiptera: Delphacidae) in East Asia

Otuka, A.,Zhou, Y.,Lee, G. S.,Matsumura, M.,Zhu, Y.,Park, H. H.,Liu, Z.,Sanada-Morimura, S. JAPANESE SOCIETY OF APPLIED ENTOMOLOGY AND ZOOLOGY 2012 Applied entomology and zoology Vol.47 No.4