• Title/Summary/Keyword: 계약기준

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A Study on Compensation for Damage in Civil Litigation of Japanese Long-term Care Facilities (개호사고에서 손해배상책임에 관한 연구 -일본의 판례를 중심으로-)

  • Jeong, Da-Young
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.173-207
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    • 2018
  • Japan is a super-aged society where the proportion of the people aged over 65 is exceeded 20%. Therefore, there are many accidents that occur in long-term care facilities in Japan, and there are many civil litigations. The Japanese court has acknowledged in many cases that the long-term facility is responsible for the damage to the elderly who is injured in the facility. The cases can be divided into ① tumbling down, ② wandering, ③ suffocation, ④ bedsore, and ⑤ accidents among the facility-users. In most cases, the court found that the facility violated its obligation to protect their users. This is not only the case where the manager or the employee of the facility violates the obligation to watch and care for the elderly, but in some cases, the failure to maintain the human and material system itself is recognized. The basis for such judgment is whether the facility can predict the possibility of an accident and whether the facility has taken measures to prevent accidents. Also, the Japanese court recognizes the transfer of burden of proof in order to expedite the victims' rights. However, the liability of the facility for damages should not be so heavy that it would be hesitant to allow a person to enter the facility and make a contract.

Analysis of Causes and Impact of Change Orders in the U.S. Military Construction Projects (미군 시설공사 설계변경 요인과 영향에 대한 연구)

  • Park, Insung;Kim, Harim;Lee, Hak-Ju;Kim, Do-Hyung;Min, Yoon-Gi;Cho, Hunhee
    • Journal of the Korea Institute of Building Construction
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    • v.21 no.3
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    • pp.213-219
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    • 2021
  • Change orders that occur frequently during the construction phase, af ect the construction performance in terms of cost, time, quality, safety and environment, and place a huge burden for stakeholders of given projects. This study analyzed the causes of change orders and their impact on the basis of 721 cases and a questionnaire of 164 domestic U.S. military construction participants in a total of 24 U.S. military projects. Important factors for change orders in the US military construction projects were engineering change due to design errors (348 cases, 48.3%), user requests change(86 cases, 11.9%), and different site conditions (69 cases, 9.6%). In addition, due to the change orders, construction cost increased by 6.56% on average and construction period was extended by 21.1% compared to the original schedule. As a result, it is anticipated that domestic construction companies can obtain a better understanding of change orders and construction performance, which may be difficult due to accessibility and limitations to military facilities. Also, it is proposed a successor study that guides in the right direction for the U.S. Military Construction.

A Critical Evaluation of the Moon Jae-In Administration's Policies on Non-standard Employment in the Public Sector of Korea (문재인 정부 1년 공공부문 비정규직 정책 평가: 정책 패러다임의 전환?)

  • Hwang, Sun-Oong
    • Korean Journal of Labor Studies
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    • v.24 no.2
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    • pp.29-59
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    • 2018
  • This paper examines the achievements and limitations of the Moon Jae-In administration's first-year policies on non-standard employment in the public sector of Korea. The most remarkable achievement was that the transition rate of non-standard to standard positions reached the highest historical level of 42.1 percent, mainly by including for the first time temporary agency workers as a target of those policies. There also have been many steps taken to relax the qualification for transition, reduce the number of exception clauses, and expand union participation. In contrast, policy measures to address problems of low wages and inequality were very limited and not significantly different from those of previous administrations. As a result, the success of the policy paradigm shift pursued by Moon's administration will be determined by how aggressive measures are being taken in the next policy steps to improve such problems of low wages and inequality.

Why are Cleaning Workers Precarious? - Subcontracted Female Cleaning Labour and Fictional Korean Social Protection (청소노동자는 왜 불안정(precarious)한가? -하청 여성 청소노동과 한국 사회안전망의 허구성)

  • Lee, Sophia Seung-yoon;Seo, Hyojin;Park, Koeun
    • Korean Journal of Labor Studies
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    • v.24 no.2
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    • pp.247-291
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    • 2018
  • This study investigates the employment structure and the social safety net experience of the subcontracting cleaning workers in Korea, who have been main targets of the labor outsourcing despite the necessity and permanence of their labour. This study specifically focuses on the fact that these subcontracting cleaning workers are mostly female and in their old age, and analyzes how the combination of their age, gender, and employment structure leads to the (mis)match with the Korean social security system. Case study with in-dept interview method has been conducted to the old-aged female subcontracting cleaning workers in Korea. The result of this study is as follows. It was the income insecurity that led them to (re)enter the labour market, and the cleaning work was the almost the only wage work they could do considering their age and gender. Cleaning workers are mostly employed in the subcontracting company, and thus their labour contracts depend on the business contract period between the original and subcontracting company. Consequently, their employment relationship is mostly insecure unless they are guaranteed employment succession through the collective agreement of trade union. Moreover, it has been discovered that the employment insecurity due to the indirect employment relationship led to the poor labour conditions, low wage, and the exclusion from the social safety net.

Development of the Military-3PL Integrated Operation Strategy for National Defense Transportation using Simulation (시뮬레이션을 활용한 국방수송물류의 민·군 통합 운영 방안 수립)

  • Suraraksa, Juthatip;Gong, In-Taek;Kim, Jaewon;Seo, HanSeok;Shin, KwangSup
    • The Journal of Society for e-Business Studies
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    • v.24 no.3
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    • pp.111-128
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    • 2019
  • In the current procurement system in Korean military, the army, navy and air force have their own distributors, military branches and warehouses. However, especially, it has been hard to have the economy of scale because most of suppliers have shipped their order from the suppliers to each of Korean military directly. Koran military considers the transportation cost as one of the management cost factors among various kinds of cost. Furthermore they have contracted with the suppliers in annual and collectively on the transportation. Hence they have been in trouble with getting efficiency of Defense budget execution because it is hard to make a decision of Defense budget with real transportation cost. Moreover Korean army, navy and air force have their own supply chain separately, so they can not cooperate flexible and quickly when they need. Therefore, in this research, we provide a benchmarking of DTCI (Defense Transportation Coordination Initiative) which has been proved that it has improved the procurement system in US implementing the integrated transportation system with 3PL and military. In addition we propose advanced integrated shipping model using Hub & Spoke system for Korean military. In order to prove its effect, we simulate our model based on the real data of the suppliers' delivery to compare with the current system when it comes to how much we can save the cost. Our research can provide evidence that the integrated procurement system in Korean military will improve Korean military procurement system.

A Study on the Designated Manager System of Public Libraries in Japan (일본 공립도서관 지정관리자제도 연구)

  • Yoon, Hee-Yoon
    • Journal of the Korean Society for Library and Information Science
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    • v.55 no.3
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    • pp.57-77
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    • 2021
  • The identity of public libraries in Japan is a social education institution under the 「Social Education Act」 and the 「Library Act」. For these identities, the local government's board of education has operated and managed public libraries, and some have managed by the Management Outsourcing System to public organizations. Then, in 2003, the 「Local Autonomy Act」 was revised to introduce the Designated Manager System in form of administrative disposition, and expanded the scope of application to private institutions and organizations. As of the end of 2018, 18.0% of public libraries introduced the DMS, but the pros and cons surrounding it are sharply opposed. This study outlined the overall status of the DMS and the introduction of public libraries, and critically reviewed major issues. As a result, As a result, there was much controversy over the expected cost reduction, service improvement, employee professionalism, business continuity, and cooperation network establishment when DMS was introduced. The reasons were due to downsizing-based personnel management, contract-oriented employment, short periods of designation, lack of multiple competitive markets, and declining service capabilities of irregular workers. The public library is a knowledge and cultural infrastructure that enhances human values and social dignity based on faithful collection and active service, and is a local public goods that emphasizes non-exclusion and non-competitiveness. Given the increasing number of cases in which public libraries are recently contracting out to cultural foundations in Korea, DMS is not a fire across the river. We need to be wary of the possibility that Japan's unbearable institutional lightness will be applied to public libraries in Korea.

Personalized insurance product based on similarity (유사도를 활용한 맞춤형 보험 추천 시스템)

  • Kim, Joon-Sung;Cho, A-Ra;Oh, Hayong
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.26 no.11
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    • pp.1599-1607
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    • 2022
  • The data mainly used for the model are as follows: the personal information, the information of insurance product, etc. With the data, we suggest three types of models: content-based filtering model, collaborative filtering model and classification models-based model. The content-based filtering model finds the cosine of the angle between the users and items, and recommends items based on the cosine similarity; however, before finding the cosine similarity, we divide into several groups by their features. Segmentation is executed by K-means clustering algorithm and manually operated algorithm. The collaborative filtering model uses interactions that users have with items. The classification models-based model uses decision tree and random forest classifier to recommend items. According to the results of the research, the contents-based filtering model provides the best result. Since the model recommends the item based on the demographic and user features, it indicates that demographic and user features are keys to offer more appropriate items.

Review of 2022 Major Medicla Decisions (2022년 주요 의료판결 분석)

  • Lee Jeongmin;Yoo Hyunjung;Park Taeshin;Jeong Heyseung;Cho Woosun;Park Nohmin
    • The Korean Society of Law and Medicine
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    • v.24 no.2
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    • pp.79-117
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    • 2023
  • Among the healthcare-related judgments handed down in 2002, there was a significant ruling on the timing of the duty of explanation, stating that, in order to ensure the exercise of the patient's right to self-determination, the patient must be given time to consider and decide on the risks and side effects of a medical procedure in specific circumstances. In addition, in a case where an insurance company claimed unjust enrichment against a medical institution on behalf of its insureds, the court provided a clear standard by distinguishing between active and passive requirements regarding the need to preserve the right of subrogation of creditors. In the area of medical administration, there was a ruling that clarified that a medical institution's business suspension under the National Health Insurance Act is directed against the medical institution, a ruling that broadly recognized causation in a case of compensation for side effects of corona vaccination, and a ruling on the scope of a medical practitioner's license, such as the use of ultrasound devices by an oriental medicine practitioner. In a case involving a patient's claim for eviction from a medical institution, the court reviewed a ruling on just cause for termination of a hospitalization contract in relation to Article 15(1) of the Medical law.

Legal and Inferential Studies on Importer's Risk in Investigation of Origin on FTA (원산지조사에 대한 수입자의 통제불가능한 위험)

  • Kim, Duk-Jong;Kim, Hee-Ho
    • Korea Trade Review
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    • v.42 no.1
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    • pp.69-97
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    • 2017
  • This study purpose to examine the importer's risks that may arise from origin investigation by Customs authorities. We have drawn the important factors affecting the application of FTA preferential tariffs and divided the stages from the conclusion of the contract for the importer to the undergoing origin investigation. In addition, we demonstrate empirically that the risks that arise in areas where importers are difficult to control exist. As a management method of the uncontrollable risk from the importer, we have provided the methods that the seller stipulated the seller's responsibility in the trade contract, prepared for situations in which no one was responsible, and formulated a friendly and cooperative supply chain. Even if the seller's liability is clarified in the contract for sale, the risk of the investigation into the origin of the imported goods is not completely eliminated. This is because, under the current agreement and system, there is no way for the customs authority of the contracting party of the FTA to claim compensation for damages incurred by importers due to breach of agreement such as not returning the result of the origin verification. Importers are subject to customs duties, but there may actually be situations in which no one is responsible for them.

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Review of change and response strategies for ESG management (ESG 경영을 위한 변화 및 대응 전략 검토)

  • Choe Yoowha
    • The Journal of the Convergence on Culture Technology
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    • v.9 no.3
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    • pp.75-79
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    • 2023
  • ESG management means to thoroughly consider the investor's perspective when evaluating corporate value, and environmental, social, and governance issues are continuous and strategic monitoring issues in identifying risk and opportunity factors related to corporate management activities. In other words, the perspective of value creation is reflected in business relationships. The fundamental purpose of ESG management is continuous business value creation and thorough management of investment risks and business transactions in contractual relationships. It is also a requirement of linked investors. The field that Korean companies are currently experiencing the most is the recognition that 'ESG information collection is necessary and maintenance must be prioritized' in investor IR and global sales and marketing departments, and the primary need for this is emerging. In addition, as the legal affairs office, environmental safety department, and human resources department, which conduct compliance management, carry out related tasks, clarity at the organizational level must precede in order to properly establish an information integration and management system. It covers the scope of securing new market opportunities such as management, disclosure and communication. Therefore, in regard to the newly emerging ESG management and response methods, it is necessary to review and implement it repeatedly so that sustainable exchange profits can be created by simultaneously managing non-financial risks as well as efforts to enhance corporate value for financial returns.