• Title/Summary/Keyword: 사회계약

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A Study on Analyzing Precedents and Legal System of Landscape Tree Damage by Natural Disasters (자연재해로 인한 조경수목 피해 판례 및 제도분석 연구)

  • Yu, Joo-Eun;Lee, Sang-Suk
    • Journal of the Korean Institute of Landscape Architecture
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    • v.41 no.4
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    • pp.77-84
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    • 2013
  • With the increase in occurrence frequency and severity of natural disasters due to climate changes arising from global warming, damage in the landscaping field is rising. This leads to legal disputes, and is increasing social and economic damage, too. Especially even though landscape trees which are highly affected by external environments, suffer lots of damage from natural disasters, there is no specific scope of disaster criteria and thus it brings plenty of problems of damage restoration and compensation. Therefore, this study aims to suggest that gives ways to improve related criteria for damage of landscape trees from natural disasters. For this objective, this study analyzed damage cases of landscape trees and precedents, and compared Korean and Japanese legal systems and criteria regarding natural disasters with each other. The analysis result showed that opinions of experts have a great deal of influence on judgment results, since there is no definite legal basis on damage from natural disasters in the landscaping field. This implies the need for a professional and objective appraisal process. According to the comparative analysis of Korean and Japanese legal systems and criteria regarding natural disasters, Korea lacked in laws and criteria on natural disasters of landscape plants in Korea, whereas there were concrete disaster assessment standards of landscape trees in Japan. For improving natural disaster-related systems and criteria in the landscaping field, therefore, this study presented 'Revision of related laws', 'Revision of appraisal and loss assessment criteria', 'Revision of standard specification of landscaping project', 'Compulsory insuring against disasters', 'Reasonable fulfillment of contract', and 'Compulsory cost estimation for disaster restoration', as improvement plans.

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 the Influence of Design Score and Price Score for Design Build Bidding (설계시공일괄입찰에서 설계점수와 가격점수의 영향력 분석)

  • Lee, Jinhak;Woo, Sungkwon;Lee, Siwook
    • Korean Journal of Construction Engineering and Management
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    • v.24 no.5
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    • pp.44-51
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    • 2023
  • Selecting appropriate bidding system in construction projects considering the characteristic of project can be a make-or-break element, so the understanding for bidding system of public construction projects is ever more important from the perspective of both the owner and the contractor. The design-build bidding is commonly referred to as turnkey in Korea, and is a bidding method that is often applied to large public construction projects because it allows new technologies to be applied to the design and facilitates risk management for the owner. In this bidding method, there are only two factors (design score and price score) that affect the selection of the winning bidder, so it is important to understand the influence of each factor, but there is little research on the subject. This study aims to provide a basis for establishing bidding strategies for understanding the influence between design score and price score by analyzing various design-build bidding data of public construction projects. The results of the study show that design score is the factor that has more influence on the ranking of bidders in all three weighted evaluation methods: design-emphasized, price-emphasized, and equalized evaluation. In addition, we found that the correlation between design and price scores was not significant due to the unique bid evaluation structure in Korea.

Exchange & Cooperation on Inter-Korean Performance Program, and Copyright Law Issues - Focused on Performance-Related Clauses in the North Korean Copyright Act - (남북한 공연프로그램 교류협력과 저작권법상의 문제 - 북한 저작권법상 공연관련 조항을 중심으로 -)

  • Lee, Chan-Do
    • Journal of Korea Entertainment Industry Association
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    • v.13 no.1
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    • pp.11-24
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    • 2019
  • In this article, potential problems in the exchanges and collaboration of South and North Korean performance programs were reviewed focusing on the articles related to performances in the North Korean copyright law. In the North Korean copyright law, there were significant differences from the ordinary rules in the international society or lack of the rules. They are the problems on the bases and principles of North Korean copyright law, unacceptance of copyrightable works against their political system, equal and mutual benefit on the copyright of the South Korean copyrightable works, neighboring copyright and economic right, unlimited protection for moral right, unpreparedness of right protection for online copyrightable works, and so on. On the other hand, the available performance programs to exchange mutually between South and North in the short run include national operas, dramas, musicals, festival events, and so on. However, legal and systematic improvement plans are required on the different copyright rules between South and North to facilitate the exchanges and cooperation. Externally, collaborations are required in the international copyright stage such as collaborative agreements on various international copyright usages, and we should consider the global entrance of performance programs that contain national sentiment and develop mutual trusts through these.

A Study on the Policy of the technical manpower of Small and medium SW companies in the Digital Convergence (디지털 융합시대 중소 SW기업 기술인력의 안정적 확보 정책 연구)

  • Noh, Kyoo-Sung;Yang, Chang-Joon
    • Journal of the Korea Convergence Society
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    • v.13 no.1
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    • pp.89-99
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    • 2022
  • Due to COVID-19, non-face-to-face cultures such as remote classes, remote work, and tele-medicine are spreading. The major contributors to the settlement of such a non-face-to-face society are small and medium SW companies and SW manpower. However, recently as large platform companies and foreign big tech companies hire thousands of SW manpower, SW small and medium-sized companies are experiencing a serious manpower shortage. Therefore, the purpose of this study is to suggest policy alternatives for SMEs to stably secure SW manpower and support continuous business operation. To achieve this purpose, this study examines the current status of the SW industry and manpower, then summarizes related issues and suggests policy alternatives to solve these issues. Those policies include the reinforcement of incentives to support manpower retention such as the Naeil Chaeum deduction system, youth housing union composition, special military service system, recruitment of manpower through the contract semester system of employment conditions, reinforcement of customized education through supplementation of the SW manpower training voucher system, SW field skill standardization, establishment of a governance system for nurturing SW manpower, preparation of countermeasures against the outflow of manpower to large companies, and a win-win cooperation program for large and SME SW manpower.

The Study on the Representation of the Times in the Sports Films of the 1980s (1980년대 스포츠영화의 시대적 표상 연구)

  • Im, Jeong-Sig
    • Journal of Popular Narrative
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    • v.25 no.1
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    • pp.315-347
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    • 2019
  • (1986) and (1987) represent the society of 1980s in which the professional baseball game was initiated to cover the irrational military culture. The love and marriage of sports players were the headlines of the media, and the yearly salary of the players was the hottest issue of conversation. The military culture is represented in the scenes where the coaches train the failures and inapt players in extreme drills. The films pinpoint the absurdity of military culture and win-at-all-costs mentality. The collapse of the dictatorial leadership at the end of the films is a metaphor for the collapse of the fifth Republic of Korea. The episodes where the players talk about contract money, and the trade of players and sports business were a new phenomenon of the 1980's. The fact that Oh Hyesung of chooses love instead of victory deals a big blow to the secular ambition for money, victory and dictatorial leadership. His option provides catharsis for an audience oppressed under military leadership and success driven ideology. On the other hand, Oh Hyesung of dies right at the moment of winning the world champion. He achieves neither love nor success. While Oh Hyesung of is a symbol of pure love and gives spiritual comfort to the audience, Oh Hyesung of gives a sense of hopelessness to the audience. Both of the two sports films reflect the representation of the 1980's but received opposing reviews from audiences.

A Study on Brand Selection Property of Preliminary Business Founder In Food Service Franchise Foundation (외식 프랜차이즈 가맹점창업 시 예비 창업자의 브랜드 선택 속성에 관한 연구)

  • Sung, Daw-kwon;Wu, Jong-phil;Lee, Hyung-gun
    • The Korean Journal of Franchise Management
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    • v.3 no.1
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    • pp.92-110
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    • 2012
  • Due to the social problems including recent economic crisis and unemployment rate increase, the demand of business foundation market has been increased and, in the meantime, on the basis of the business foundation support policy of the government including youth foundation support policy and Small & Medium Business Administration foundation planning, business foundation market has been showing steady growth trend. With this enlargement of foundation market, as the accompanied increase of franchise market is expected, it is considered that the importance of more realistic and concrete research about franchise market be larger than before. This study considered brand image, main office support, foundation cost, information search activity as the advanced variable of effect on brand selection and established the cause of effect on brand selection by improving the existing advanced research, and its result is as follows. First, according to foundation business kind, age, sex, yes or no of marriage, there is some difference III the thought about brand image and foundation possibility. Second, Second, the most important factor of franchise contract intention is economical specificity. It is difficult to consider brand image, franchise support and information search activity as the property having a big effect on preliminary founder, and it was shown that the cost for franchise management(Consistency with initial foundation cost and self-capital, promotion cost, management fund, facility/equipment reinvestment, etc.) is an important property. Specially, it was shown that consistency with initial foundation cost and self-capital is the most important factor for preliminary founder.

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.

Appropriate Roles of Project Participants for Public Partnership Projects of Railways through the Organizational Behavior Theory (조직행동론을 통해서 본 민간철도 투자사업의 참여자간 갈등유형 및 역할정립 방안에 관한 사례연구)

  • Kim, Byungil;Yun, Sungmin;Han, Seung Heon;Kim, Hyung Hwe
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.28 no.6D
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    • pp.839-847
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    • 2008
  • No proper system exists for private investment projects, and efficient project management is not being achieved due to entanglements of management. Recognizing these circumstances, this paper has diagnosed the hard facts that project management organizations and systems are facing, and presented solutions to the factors that are obstructing the establishment of efficient project management system. This paper carried out focus group interviews on the experts who had participated in the Incheon International Airport Railway construction project, using the methodology of an exploratory case study. The results were systematically analyzed according to organizational behavior and causes corresponding to each of the problems were deduced. Private investment projects were divided into task environments and project organizations based on social science methodology and analyzed, and a final improvement plan for each participating organization was presented. An improvement plan was presented, and it was compared with the case study of Incheon bridge construction project, which is recognized as a model of successful project management, and its appropriateness evaluated.

Status and Characteristics of the Newly Established Cooperatives in Agricultural Sector (농업분야 신생 협동조합의 현황과 유형별 특징)

  • Choi, Kyung Sik;Nam, Gi Pou;Hwang, Dae Yong
    • Journal of Agricultural Extension & Community Development
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    • v.21 no.4
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    • pp.967-1006
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    • 2014
  • This study attempted to provide policy recommendations in promoting new cooperatives established in agriculture based on the 2012 Cooperative Act. A questionnaire survey was conducted with 195 newly established cooperatives as the policy target of this study. The new cooperatives were classified as three kinds namely as 'Business' Cooperatives', 'Consumers' Cooperatives', 'Social Cooperatives' based on their member attributes and objectives. Interesting to note that, all of these new cooperatives born by the new Act has taken the marketing business as their main stream business. Among the three types, 'Business Cooperatives' are ranked the highest amount of capital shares per person in average, having about 30 members in size. In categorization, 'Business Cooperatives' include farmer cooperatives as majority and employee cooperatives. They are usually involved in both production and marketing and even in processing activities, and have tried to secure their business performance by e-commerce and stable business contracts. Their diverse activities are highly associated with their local community. Consumers' Cooperatives include consumer cooperatives and stakeholder cooperatives in achieving welfare of members. This type has lower share in capital but has over 30 members in a cooperative, taking marketing (distribution) business as main and often take advantage of their social network and physical store. Regional relationships are less than producer cooperatives. 'Social Cooperatives' are established by public interest and have around 10 members and lowest per capital. their business and community activity is similar to the consumer cooperatives. This study recommends the needs of designing suitable business models by these three types of cooperatives in the future, while appropriating their membership size for their tangible business operations. The government policy direction should aim to develop their new business opportunities and its management stabilization, especially in conjunction with the existing agricultural cooperatives (Nonghyup). It must be rather than to provide simply policy supports for establishment. An in-depth study is recommended in this regard.