• Title/Summary/Keyword: 계약기준

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A Study on the Protection of Trial Subjects in Clinical Trials of Investigational New Drug (의약품 임상시험에서 피험자 보호)

  • We, Kye Chan
    • The Korean Society of Law and Medicine
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    • v.13 no.2
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    • pp.79-113
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    • 2012
  • This study focuses on the protection of trial subjects, who participate in clinical trials for new drug. It takes long time to develop new drugs and the clinical trials are required. Usually, pharmaceutical company, which develop new drug, request a research institution(usually, hospital) to investigate the examination of security and side effects of new drug. The institution recruit trial subject to participate in the trials. The contract for clinical research of investigational new drug is concluded between the pharmaceutical company and the institution. This thesis studies the legal regulations for protection of participants of clinical research for new drug. In this respect the first matter of this study is to seek which relation between pharmaceutical firm and participants of clinical trials. Especially, there is a question which the trial subject is entitled to demand the pharmaceutical company which requested clinical trials the institution to supply the investigational new drug, after the contract for clinical trials had terminated or cancelled. This study take into account the liability of the pharmaceutical company to trial subject. Secondly, it is researched the roles and authority of Institutional Review Board(IRB). IRB is Research Ethics Committee of the institution, in which clinical trials for new drug are conducted. According to the rule of Korea good clinical practice(KGCP), IRB is the mandatory organization which is authorized to approve, secure approval or disapprove the clinical trials for investigational new drug in the institution. The important roles are the review of ethical perspective of trial research and the protection of trial subject. Thirdly, this paper focuses if the participants are to be paid for the participation for clinical research. This is ethical aspect of clinical trials. It is resonable that the participant is reimbursed for expenditure such as travels, and other expenses incurred in participation in trials. It is not allowed that the benefit of clinical trials is paid to trial subject. The payment should not function as financial inducements for participations of trials. Finally, the voluntary consent of the trial subject is required. The institution ought to inform the subject, who would like to participate in trials, and it ought to received informed consent in writing for subject. In this regard, it is matter that trial subject has ability of consent. It is principle that the subject as severely psychogeriatric patient has not ability of consent. However, it is required that not only healthy people but also patients are allowed to take part in clinical trials of new drug, in order to confirm which the investigation new drug is secure. Therefore there are cases, in which the legal representative of subject consent the participation of the trials. In addition, it is very important that the regulations concerning clinical trials of new drug is to be systematically well-modified. The approach of legal and political approach is needed to achieve this purpose.

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Commercialization of Patented Technology on Turfgrass Production in Korea (잔디 생산 특허기술의 현황 및 산업화)

  • Youn, Jeong-Ho;Lee, Jae-Pil;Kim, Doo-Hwan
    • Asian Journal of Turfgrass Science
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    • v.20 no.1
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    • pp.107-118
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    • 2006
  • This study was carried out to introduce a couple of commercialized patented technologies in the area of turfgrass production. All sod production related patents in Korea during the period from Dec. 20, 1948 to Dec. 30, 2005 were reviewed. Details of two patents (patent No. 0434389 and 0478194) were included. The results are summarized as follows: 1. One of the domestic patents on sod production was the technique using natural and plastic films. Information on topsoil mixtures was also reviewed form foreign patents. 2. Patented multi-purpose sowing equipment can evenly mix soil, sand, fertilizer and other soil conditioners with seed, stolen and rhizome of turfgrass. 3. Patent on cool-season turfgrass sod production provide topsoil mixture combination and mixing ratio for sports field, landscape area and roof garden.

Policy Implications for the Improvement of Librarianship Employment (사서직 취업률 향상을 위한 정책방향에 대한 고찰)

  • Ahn, In-Ja;Noh, Younghee;Lee, Jongmoon;Oh, Se-Hoon
    • Journal of the Korean Society for Library and Information Science
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    • v.48 no.1
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    • pp.27-52
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    • 2014
  • The employment prospects of graduates in the Library and Information academic has largely concentrated in the field of librarianship as well as the curriculum of the academic itself. Since there are limitations in increasing the number of libraries and the available posts in the librarianship, the full-time jobs in the field are also limited. Even for the available posts in the field of librarianship, the majority is in contract based posts which does not guarantee a good working environment. The purpose of this research is to make policy implications to improve the employment rates of librarians. The main research methods include literature review of the previous studies and available statistical data, and a questionnaire targeting students and librarians. The targeting policy implications can be categorized into 4 factors, including, as supply side, improvements in the qualification of librarian certificate, in training for librarians, and as demand side, laws on library employment, and improvement of library services for co-operatives. There are 15 detailed strategies to support the 4 factors. For the improvement of strategies in library related laws, the following elements will be considered; supporting system for temporary jobs, the title of librarian post and the library itself, and librarian placement criteria in terms of its realization and mandatory, and obligations in library evaluation. The Council discussions propose the expansion of librarian award system, provision of information systems for librarian jobs, and developments in promotional materials and their deployment for librarians.

Old Age Workers' Labor Market: A Model for Understanding Its Structure and Policy Implication (고령자 임금노동시장의 구조와 정책적 시사)

  • Hur, Jai-Joon
    • Korea journal of population studies
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    • v.21 no.2
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    • pp.58-82
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    • 1998
  • It is usually proposed that job security of old age workers is hampered by the structure of wage increasing with age. This paper sets forth a model to comprehend the characteristic of the old age workers' labor market and policy implications derived from it. In order to stimulate demand for old age workers, policy initiatives should be taken as follows : the wage criteria should be simplified which apply differently from one institution to other; incentives relatively favorable for employing old age workers' in manufacturing sector should be also given to service sectors; employment subsidy or other tax incentives should be given for labor contract after the retirement age; licensing and evaluation system for job ability should be introduced based on occupation & job analysis. To lower the reservation wage of workers, mortgage loan for house and long-term low interest loan for tuition fees should be developed together with stabilization of housing cost. Wedding culture which requires high expense should be amended. Above all, it is necessary to install reasonable social security system. Policy orientation should also pay attention to reduce labor supply of the old aged via aiding old age workers' firm opening and voluntary civil service together with developing various honor programs for members of civil corps.

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A Study on the Improvement of Amending Process and Depreciation Measurement Method of the Standard Estimating System (건설공사 표준품셈 제.개정 프로세스 개선 및 손율산정방안에 관한 연구)

  • Ahn, Ji-Sung;Lee, Jeong-Ho;Kim, Young-Suk;Han, Seung-Woo
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2008.11a
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    • pp.481-486
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    • 2008
  • Standard Estimating System, which can be used for estimating a construction cost, has been pointed out having some problems such as non-reflecting a variety of construction environments and site conditions, non-adapting new technologies and methods since it was established in 1970. For solving these problems, the Korean Institute of Construction Technology(KICT) has chosen organizations for amending Standard Estimating System. However they have had many mistakes in the process of amending works because of non-establishing amending process and absence of the depreciation measurement method. This research derived the necessity to improve the amending process of the Standard Estimating System, and presented the detailed amending process and the performing method in the each process. Furthermore, this research proposed the depreciation measurement method available for the construction industry by means of analyzing researches that performed in the manufacturing industry and the measurement method for depreciation of general accounts.

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A study on The Problems and Improvement Measures of The Capital Gain Tax (양도소득세의 문제점과 개선방안에 관한 연구)

  • Kim, Beom-Jin;Jeon, Jung-Wook
    • Korean Business Review
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    • v.19 no.2
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    • pp.1-21
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    • 2006
  • The purpose of this study is to analysis of the policy and problems of the capital gain tax. So this study identified the problems in the tax system and the method, suggested some ideas that can be useful for reforming the current capital gain tax system. The followings are the concise of some ideas. First, government should adopt the housing market stabilization policy in the long-term period, not in the short-term period which depend on the financial market and the part of home supply. Second, determining the capital gains tax should be transferred to actual market prices system rather than based on the standard assessed prices by government through the nations. By doing so, the desired principles of taxation come true such as principle of taxation on economic substance, principle of taxation on solid foundation and principle of taxation on tax paying ability. Third, transaction taxes should be minimized in the aborting the property speculations and the stabilizing the actual market prices. Fourth, the system of non tax to the owners of 'one family, one house' should be excluded to the tune of principle of tax equity. By doing so, tax payers could be induced to pay taxes on a timely basis not commit to wrong doings. In conclusion, anti-speculation policy should be progressed in such a comprehensive and sustained way as to wipe out the psychology of expectation about the transfer gain's incomes.

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An Analysis of Judicial Precedents for Progress Payment to Subcontractor - Focused on Public Construction Projects - (하도급대금 직접지급에 대한 쟁점판례 분석 - 공공 건설공사를 중심으로 -)

  • Lee, Dong-Hoon;Kim, Sun-Kuk;Song, Yong-Sik;Kim, Baek-Yong;Lee, Won-Suk
    • Journal of the Korea Institute of Building Construction
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    • v.10 no.1
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    • pp.111-120
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    • 2010
  • The public construction industry in Korea involves a variety of stakeholders, encompassing multiple layers of contractual relationships that crisscross between the State as project client and the contractors, as well as subcontractors. In such a hierarchical landscape, managerial crises of contractors involving bankruptcy or insolvency can result in unexpected damages for both clients and subcontractors. Accordingly, the applicable legal framework requires project clients to act as patrons in relation to making payments to subcontractors, and stipulates provisions pertaining to direct payments to subcontractors in order to promote the balanced development of the national economy in terms of the public interest by protecting small and medium-sized businesses working as subcontractors for large businesses. However, the relevant legal documents provide for different payment criteria and procedures from document to document, and leave room for variations in the interpretation and construction of applicable provisions, which leads to disputes and discrepancies in court rulings. For this reason, it is necessary not only to compare and analyze statutory provisions pertaining to direct payment to subcontractors, but also to review issues of contention in actual cases. This study aims to analyze issues in cases involving payment to subcontractors from the perspective of the project client overseeing and supervising the construction business. The conclusions from such an analysis will help to effectively resolve subsequent cases of a similar nature by suggesting a strategy to improve the relevant statutory provisions pertaining to direct payment to subcontractors.

A Study on Estimating Method for Actual Unit Cost Based on Bid Prices in Public Construction Projects (시설공사 입찰단가를 활용한 실적단가의 산정 방안에 관한 연구)

  • Kang, Sang-Hyeok;Park, Won-Young;Song, Soon-Ho;Seo, Jong-Won
    • Korean Journal of Construction Engineering and Management
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    • v.7 no.5
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    • pp.159-166
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    • 2006
  • It was found that Korean Standard of Estimate which has been used as the only basis of cost estimate of public construction projects had some side effects such as jerry-build construction and over-estimation because it failed to reflect the current price and the state-of-the-art construction methods in a changing construction environment. Therefore, the government decided to gradually introduce historical construction cost into cost estimate of public construction projects from 2004. This paper presents analytic criteria and a process model for deducing more current and reasonable historical construction cost for contract items from not only previous contract prices but also all of the other bid prices that were not contracted. The procedure of estimating actual unit cost proposed in this paper focuses on the removal of abnormal values including strategically too low or high prices and the time correction. In addition, basic research is conducted for the correction of actual unit cost through the analysis of fluctuation of bid price depending on bidding types and rates of successful bid. It is anticipated that the effective use of the proposed process model for estimating actual unit cost would make the cost estimation more current and reasonable.

A Decision Support Model for Optimal Delivery of Public Construction Projects (공공건설사업의 최적 발주방식 선정을 위한 의사결정지원모델)

  • Park, Heetaek;Park, Chansik
    • Korean Journal of Construction Engineering and Management
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    • v.17 no.5
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    • pp.22-34
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    • 2016
  • The Project Delivery System (PDS) is used in mixed way without clear classification from tendering system and the standard itself that can be selected is set with project budget or estimated cost only. Essentially, the PDS should consider and reflect project characteristics and types, internal and external factors for the purpose of improving the lives of citizens and their welfare. However, the current status is not operated flexibly due to the given budget, period and uniform laws and regulations. In order to solve this problem, this study suggests a Decision Support Model to select the optimal PDS for public construction projects. The current problem of the PDS for public construction projects were identified and the application of a decision support model was proposed. Subsequently a decision-making model was suggested for each PDS using the identified factors and linear discriminant function of discriminant analysis. An additional questionnaire survey and actual practical case analysis were carried out to verify the effectiveness and applicability of the model to actual work. It can be used by adjusting the decision support model and detailed factors according to the specific characteristics of public organization, ability of person in charge and project type.

Default Risk Mitigation Effect of Financial Structure and Characteristic in BOT Project Finance (BOT 프로젝트 파이낸스의 금융구조 및 특성의 채무불이행 위험완화 효과)

  • Jun, Jae-Bum;Lee, Jae-Sue;Lee, Sam-Su
    • Korean Journal of Construction Engineering and Management
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    • v.12 no.2
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    • pp.121-132
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    • 2011
  • One of the advantages of BOT PF(Project Finance) is the government can be protected from risks involved in projects as the private finances, builds, and operates relevant projects. Moreover, the private may avoid outstanding responsibility in case of default thanks to BOT PF's unique financial structure and characteristics. However, despite increasing attention on risk mitigation effect of financial structure and characteristic of BOT PF to default risk with emerging controversies of capital crunch, introduction of IFRS, and contingent liabilities, valuation of default risk mitigation effect caused by financial structure and characteristics of BOT PF still seems sophisticated due to uncertain cash flows, complexly layered contracts, and their interaction. So, this paper is to show the theoretical frame to assess the default risk mitigation effect of financial structure and characteristic of BOT PF with option pricing and related financial economic theories and to provide some meaningful implications. Finally, this research shows that the financial structure and characteristics of BOT PF help mitigate the default risk and default risk mitigation effect increases as change of relevant variables on financial feasibility gets the BOT project less financially feasible.