• Title/Summary/Keyword: 보호부담

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Standards of Protection in Investment Arbitration for Upcoming Climate Change Cases (기후변화 관련 사건에 적용되는 국제투자중재의 투자자 보호 기준)

  • Kim, Dae-Jung
    • Journal of Arbitration Studies
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    • v.24 no.2
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    • pp.33-52
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    • 2014
  • Although climate change is a global scale question, some concerns have been raised that principles of investment arbitration may not adequately address the domestic implementation of climate change measures. A recent ICSID investment arbitration of Vattenfall v. Germany with regard to the investor's alleged damages from the phase-out of nuclear plants is a salient climate change case. The 2005 Kyoto Protocol was made to reduce greenhouse gas emissions and it provides a number of flexible mechanisms such as Joint Implementation (JI) and Clean Development Mechanism (CDM). Implementation of the Kyoto Protocol allows dispute settlement through investor-state arbitration. Any initiation of stricter emission standards can violate the prohibition on expropriations in investment agreements, regardless of the measures created to reduce greenhouse gas emissions. The effect-based expropriation doctrine can charge changes to existing emission standards as interference with the use of property that goes against the legitimate expectation of a foreign investor. In regulatory chill, threat of investor claims against the host state may preclude the strengthening of climate change measures. Stabilization clauses also have a freezing effect on the hosting state's regulation and a new law applicable to the investment. In the fair and equitable standard, basic expectations of investors when entering into earlier carbon-intensive operations can be affected by a regulation seeking to change into a low-carbon approach. As seen in the Methanex tribunal, a non-discriminatory and public purpose of environmental protection measures should be considered as non-expropriation in the arbitral tribunal unless its decision would intentionally impede a foreign investor's investment.

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An Analysis on Expanding Construction Insurance and Estimating Necessary Budget (건설공사보험 확대 당위성 및 예산소요 분석 연구)

  • Kim, Myeongsoo
    • Korean Journal of Construction Engineering and Management
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    • v.15 no.5
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    • pp.94-102
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    • 2014
  • This study analyzes necessity of expanding construction insurance and estimates required budget. Construction insurance is obliged by National Contract Law and Local Contract Law to protect projet owners and contractors from any unexpected construction risk such as financial losses in construction process. Currently the contracts of design-build and alternate-bid projects as well as PQ project, which are greater than 20 billion won, require the contractors to provide construction insurances in Korea. Insurance premiums are borne by the public project owner. Those contractors whose contract volume is less than 20 billion won burden all risks of projects at their cost. This causes equity problem. Because small-and-medium contractors are discriminated against large contractors since insurance-obliged projects are performed by large contractors and insurance premiums are borne by the public project owner. On the other hands, in all engineering projects, regardless of volume, insurance premiums are borne by the project owner. Therefore current regulation has to be improved, by expanding to all public projects. The average ratio of unobliged projects is 46%, in recent 3 years, prime cost of insurance companies is estimated 0.2%. Moreover considering risks of each construction type, prime cost of unobliged works is estimated as 0.13%. Hence additional necessary budget is estimated to be 2.09 billion won if total volume of public work is 3.5 trillion won. And 2.39 billion won is derived if total volume of public projects is 4 trillion won.

A Study on Sex Offenders Registration and Notification Act of the U.S. (미국의 성범죄자 등록 및 공개법에 관한 연구)

  • Lim, Hee;Park, Ho Jung
    • Journal of Digital Convergence
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    • v.11 no.6
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    • pp.23-42
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    • 2013
  • Congress enacted the sex offender registration and notification act in order to prevent sexual offenses and protect public safety in the U.S.. Namely, in 2006, the Jacob Wetterling Act and Megan's Law were integrated into the Adam Walsh Child Protection and Safety Act as a comprehensive sex offender supervision and management scheme. The AWA aims to eliminate loopholes and gaps formed by inconsistent state laws and statutes as well as to provide the federal standards for sex offender registration and notification. However, the AWA contains over-inclusive sex offender registration requirements and punishments. For this reason, the implementation of the AWA may cause problems for states, sex offenders, and citizens, both as taxpayers and as beneficiaries of the AWA. Therefore, the AWA that does not differentiate between violent and non-violent offenders should be reformed to allow law enforcement officials to focus on sex offenders convicted of violent and heinous crimes. That is, the AWA should not apply to sex offenders who are not dangerous, not likely to recidivate, and who committed non-violent crimes. In addition, because the AWA requires juvenile offenders to registrate on public notification forums, it may result in a greater risk to community safety and potential risk of reoffense. Accordingly, juvenile offenders convicted of non-violent sex offenses and not likely to recidivate will be provided appropriate treatments to be rehabilitated as members of community.

Evaluation on Reinforcing Effect of Inclined System Bolting by Model Tests and Numerical Analysis (모형시험 및 수치해석을 통한 경사 시스템 록볼트의 보강효과 분석)

  • Lee, Jea-Dug;Kim, Byoung-Il;Yoo, Wan-Kyu;Han, Jin-Tae
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.33 no.4
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    • pp.1529-1539
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    • 2013
  • Recent case studies in Japan have shown that rockbolts are commonly installed at an oblique angle to the excavation direction of the tunnel, instead of at a right angle, due to restriction of the working space. In particular, in the case of expansion in an existing tunnel, the working space can be very small, due to the large protective structures necessary to operate within an existing tunnel. In this case, where both the current use of the existing tunnel, and the reinforcement of the ground around the tunnel are required, the effects of installation angles and patterns of rockbolts are important factors in the design process. Therefore, in this study, a total number of 24 model tests are performed, to investigate the reinforcing effects of system bolting installed obliquely from the excavation direction of the tunnel, by changing the installation angle of bolts, longitudinal distance, and bonded length of bolts. The model test results indicate that the relaxed load ratio decreases, with the increase of both the bonded lengths and the number of the installed bolts, resulting in the decrease of the supported area by one bolt. Two-dimensional numerical analysis, which considered the reinforcement effect of inclined system bolting as the change of engineering properties near the tunnel, demonstrated that the deflection patterns at the tunnel crown in the numerical simulations, show a similar tendency to those measured in the model tests.

Effectiveness of Intervention for the Caregivers of Long-term Care Elderly (장기요양보호대상노인 가족부양자에 대한 개입의 효과성)

  • Kim, Soo-Young
    • Korean Journal of Social Welfare
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    • v.56 no.2
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    • pp.285-310
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    • 2004
  • The major purpose of this study is to examine effectiveness of an intervention program which aims at education/training caregivers of the dementia and/or stroke elderly. This program was conducted at group level. Participants of this program were the primary caregivers who have taken care of the elderly with dementia and/or stroke. To test the effectiveness of the caregiver education/training program, this study employed an quasi-experimental design: to compare pretest score with posttest ones for the same participants. Total forty two primary caregivers have completed the program. Seventeen caregivers were in experimental group, whereas twenty five ones belonged to control group. Our data suggest that, for the primary caregivers, subjective quality of life was more important than cargiving burden. Subjective quality of life among the caregivers significantly improved, after completing the program. This result suggests that a short-term intervention program at group level is not effective to reduce caregiving burden because an infra structure of community resources, to which the caregivers and their family access, did not remain at sufficient level. However, participants have showed improved mutual solidarity, and they have exposed to wider spectrum of a variety of information. As a result, they have perceived that the level of subjective quality of life has positively changed. Additional factors have influenced on determining the quality of life among the caregivers. The caregivers, whose demented elderly showed lower level of ADL and IADL, or who have experienced the short period of caregiving, were more likely to belong to higher level of quality of life. The quality of life among the caregivers were even more improved in the following group: being young, and highly educated, man. One of the contributions from this study is that we have found caregiver's characteristics, which need an intervention most. In addition, our study implies that specific contents of the caregivers' education/training program should be conducted based on each family's unique characteristics.

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The Role of Women in Health Care in Korea (한국 보건의료에 있어서 여성의 역할)

  • Kim Susie
    • The Korean Nurse
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    • v.23 no.3 s.126
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    • pp.44-50
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    • 1984
  • 한국여성은 전통적으로 대가족제도 속에서 육아 및 가사활동에만 종사해왔다. 그러나 산업화 및 사회구조의 변화로 여성들도 교육의 기회를 갖게 되었으며 전통적인 역할 수행에 대한 가치변화와 함께 여성의 사회적 역할을 필요로 하게 되었다. 반면에 가족 형태가 핵가족화 함으로서 가족 내에서의 자녀양육을 비롯한 가정적 역할이 더욱 중요시 되게 되었다. 오늘날 한국사회는 여성에게 현재의 사회구조와 핵가족 속에서는 시간적으로 동시에 수행할 수 없는 두 가지 상반된 역할을 강조하고 있는 것이다. 이러한 상반된 역할사이에서는 여성은 갈등과 좌절감을 느끼게 되며 이중적인 부담 속에서 생활하게 되었다. 본 원고에서는 전통적인 한국의 가족가치관을 살펴보고 건강관리 측면에서 여성의 역할을 살펴보고 건강관리 측면에서 여성의 역할을 살펴보고자 한다. 전통적 가족가치관과 여성-우리나라의 전통적 가족은 부계 중심의 혈연 계승을 중요시하는 가부장적 대가족제도라 할 수 있다. 따라서 부계 계승을 통한 가족의 영속성과 가 중심사상에 기반을 둔 철저한 가족주의적 가치관이 전통적 사회를 지배하여 왔다. 그러므로 자연히 개인보다 가족집단이 우의적인 지위에 있을 뿐만 아니라 모든 행동의 결정에도 중요한 준거 집단이 되었다. 이러한 가의 영속 및 번영을 가장 효과적으로 수행하기 위해서는 많은 자녀를 필요로 했으며 부계중심 가족에서 자연히 남아 선호사상이 강할 수밖에 없었으며 이것은 조상에 대한 의무요 책임이라 생각했다. 이러한 가부장권의 확대에 반비례해서 가정 내에서 여성의 지위와 역할은 축소되어갔다. 여성들의 절대적인 예속을 필요로 하여 삼종지도니 칠거지악이니 불경이부등의 도덕률을 만들었으며 여성들 스스로가 이러한 정절과 복종을 미덕으로 생각하도록 교육받음으로서 여성들 자신이 자기희생의 굴레 속에서 인내와 복종의 생활을 운명처럼 받아들이게 되었으며 남편과 자식을 위해서는 목숨까지도 희생하게끔 철저히 사회화되었던 것이다. 그러나 가족 제도 안에서의 남녀의 지위는 동위 항렬 내에서만 해당되고 항렬을 달리할 때는 삼종지도의 이론에 부합된다. 어머니로서의 존장련이 인정되어서 가정 내에서의 여성의 종속적인 지위에 비하여 모의 권한은 절대적이었다. 상례와 제례에서 어머니와 아버지에 대한 의식에는 차이가 없으며 내외 명부제도에 의해서 부인도 남편과 똑같은 대우를 받도록 되어있다. 이러한 존장련에 의한 모의 권리와 더불어 부부유별에 의해서 가사권의 독자적인 결정권도 인정되고 있었다. 건강관리 측면에서 여성의 역할- 전통적으로 건강관리에 관련된 한국여성의 역할은 1. 씨받이로서의 역할로 생명을 잉태하도록 돕고 건강한 아이의 수태를 위해 태교에 힘썼으며 2. 자녀의 의식주를 해결하는 가사 역할만을 담당하는 전통적인 여성의 역할만을 수행하였으며 출산한 생명을 건강하게 자라도록 건강관리를 철저히 하였으나 체계적인 건강관리는 되지 못하였으며 특히 식생활에 유의하였으나 정서, 사회면은 도외시 한 과잉보호현상이었다. 3. 결혼 후에는 남편의 건강관리를 위해 철저하였으며 특히 식생활에 유의하였고 정서적으로 부담을 주지 않도록 유념하였다. 4. 또한, 임종시 평안한 죽음을 맞도록 도왔다. 전통적으로 한국여성의 역할은 돕는 역할이었다.

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Effect of the Spread on Housing Mortgage Loans (가산금리가 주택담보대출에 미치는 영향)

  • Kim, Woo Seok
    • Korea Real Estate Review
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    • v.28 no.4
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    • pp.75-88
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    • 2018
  • The purpose of this study is to analyze the effect of the spread on housing mortgage loans. In particular, this study analyzes how the spread has a decisive effect on housing mortgage loans when a structural change occurs in the spread. For the sake of empirical analysis, this study utilizes the housing mortgage loan, housing mortgage loan interest rate, COFIX interest rate, and spread. The period of analysis is from December 2010 to December 2017. Results of the analysis show that there is a statistically significant structural change in the spread and housing mortgage loans (May and June 2015, respectively). It is estimated that the structural change in the spread has an influence on the structural change in housing mortgage loans. In addition, the effect of the spread on housing mortgage loans is larger than the effect of the COFIX interest rate and the housing mortgage loan interest rate. This indicates that the adjustment of the spread is a significant burden on housing mortgage loans. As economic uncertainties both internally and externally are increasing, pressure on interest rate hikes is also increasing. Considering these circumstances, interest rate hikes will be inevitable in the future. If the base interest rate and the spread increase simultaneously at Korea's current economic level, it will obviously lead to an economic recession as the burden on the repayment of principal and interest of housing mortgage loans will increase. Therefore, it is imperative that financial authorities prepare institutional arrangements in order to protect financial consumers by preventing arbitrary calculation of the spread, which would not be objective and would not be transparent from the banks.

A Study on Typology and the Casual factors of Elderly-abuse (노인학대 유형화 및 유형결정요인 연구)

  • Lee, Yun-Kyung;Kim, Mee-Hye
    • 한국노년학
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    • v.28 no.4
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    • pp.1165-1178
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    • 2008
  • The objectives of this study are developing the new types of elderly abuse and finding the variables affecting the new elderly abuse type. And This is at suggesting the intervention strategies preventing the elderly abuse. The 350 cases of elderly abuse reported in Elder Protection Agency was analysed. Data is analyzed by using statistical techniques including cluster analysis and logit-regression. New type of elderly abuse is "violent elderly abuse" and "avoiding elderly abuse". Violent elderly abuse is very connected with directly violence speech and behavior and avoiding elderly abuse is connected with neglect and abandonment, self-neglect. The elderly's instrumental activity of daily living and education, the offender's sex and education and living together type of the elderly - the offender, and the offender's care burden are the casual factors of the new type of elderly abuse. Based on the results, the various service programmes for the abused elderly is developed and implemented.

An exploratory study on the impacts of International Digital Tax Agreement on Korean Industry (디지털세 국제 합의가 국내 산업에 미치는 영향에 대한 탐색적 연구)

  • Lee, Jinhui;Kim, Taeyeol
    • Journal of Platform Technology
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    • v.9 no.4
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    • pp.10-31
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    • 2021
  • The digital tax, recently referred to as the Google tax was finally agreed at the 31st General Assembly of the OECD (October 8, 2021) with full support by 136 countries and will take effect from 2023. The purpose of this study is to analyze the digital tax prepared by the OECD for global MNEs, and to suggest the impacts on the Korean industry and to present the Korean governmental countermeasures. As the first study, we analyzed the international agreement on digital tax. In results, we found that even if global MNEs do not set up a business operation in overseas countries, if sales and profits are generated, 25% of the excess profit is borne as tax (pillar 1), and when MNEs do business in all the countries, they are liable to at least a 15% tax (pillar 2). We think that countries around the world have prepared a minimum countermeasure to protect their companies in anticipation that global MNEs will easily encroach on their markets in the future. As the second study, in order to discover the reason why the MNEs are so strong, we investigated the trends of Google and B2B SaaS companies in details. In results, we discovered that the global MNEs establishes a digital platform partnership ecosystem that enables them to enter foreign markets easily and expand rapidly. In conclusion, as a countermeasure for the Republic of Korea, governmental policies were proposed at the corporate (startup nurturing), industry, and national level respectively.

A Study on Differences in the Caregiving Burden of Primary Caregivers by Type of Caregiving -Focused on Caregivers in Home Stay, Day Care Center, and Nursing Home Situations- (부양형태에 따른 주부양자의 부양부담의 차이 및 영향 변수에 관한 연구 -재가, 주간보호시설, 시설거주 노인의 주부양자를 대상으로-)

  • Kim, Yun-Jeong
    • The Korean Journal of Community Living Science
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    • v.18 no.1
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    • pp.71-85
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    • 2007
  • This study investigates differences by type of caregiving using data on three groups of caregivers, 177 from home stay situations, 189 from day care centers, and 138 from nursing homes. First, the result shows that characteristics of both caregivers and elders differ by type of caregiving. Second, caregivers in the home stay situation have the highest caregiving burden of the three groups. Third, from examination of the related variables, the caregiving burden of home stay caregivers is affected by family income, caregivers' health, type of job, and whether or not the elder has symptoms of dementia. Also, the study reveals that emotional services for elders reduce the aggravation of family relations and economic burden, but that instrumental services highly increase economic burden. It reveals that caregivers of elders in day care centers, especially those who are in bad health, are more likely to experience feelings of constriction, aggravation of family relations and economic burden. On the other hand, caregivers who receive more emotional services have better experiences in family relations, including relations with the elder. In case of the elders of nursing homes, if the main caregiver is a daughter-in-law, aggravation of family relations is higher than if the main caregiver is a spouse. Finally, the caregiver's burden is affected by their own health and income, and by whether the elder has symptoms of dementia or stroke.

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