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A Study on the Contractor's Liability for the Defects in the Public Construction Works (공공건설사업의 하자에 대한 수급인의 책임에 관한 연구)

  • Cho Young-Jun;Hyun Chang-Taek
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • autumn
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    • pp.46-53
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    • 2002
  • Although Public Construction Works in Korea have been executed according to Government Contract Act, and nature of contract is very complicated. So it is difficult to define liability for the defects. Therefore the studies on the defective performance and contractor's defects liability were remained one of the non-cultivated virgin land. As a result, contract privy waive the right to claim or generally resolve the problems. Therefore domestic and overseas liability for the defects was investigated and liability for the defects, under and after construction, on the defective performance and defects, was analysed. With a literature research, contractor's defect liability was systematically analyzed, problems were defined and resolution of the problem were suggested item by item in this study.

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A Study on the Minimization of Problems of the Direct Payment for Subcontractor's Work in Public Construction Project (공공건설사업(公共建設事業) 하도급대가(下都給代價) 직접지급(直接支給)의 효과분석(效果分析)을 통한 문제점(問題點) 저감방향(低減方向)에 대한 연구(硏究))

  • Cho, Young-Jun
    • Korean Journal of Construction Engineering and Management
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    • v.8 no.5
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    • pp.101-108
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    • 2007
  • To execute a construction project, many construction participants are engaged in the project. Especially many subcontactors role is very important, but their contract statute seems weaker rather than prime contractor. So to protect the subcontractor and to activate fair subcontract, Fair Transactions in Subcontracting Act was enacted. Direct payment to subcontractor clause of the act can protect subcontractor from the fear of insolvency of prime contractor, on the other hand can cause dispute about the interpretation of defect liability. Therefore the positive act and regulation were examined, and the effects of direct payment to subcontractor were analyzed. And the treatment direction of direct payment were suggested in this paper. Summary is as follows; (1) Statute of subcontractor for the ordering subject must be considered (2) Contract relationship must be reflected in the performance bond, subcontract bond, and subcontract construction conditions (3) To clarify the defect liability for the direct payment, retainage to guarantee the repair during contract period may be reflect on the subcontract construction conditions.

Analysis of unfair provisions in Construction contract (건설공사 계약서상 불공정특약의 문제점 분석에 관한 연구)

  • Park Keun-Hyung;Kim Jeong-Jae;Choi Jea-Won;Kim Yong-Su
    • Proceedings of the Korean Institute Of Construction Engineering and Management
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    • 2004.11a
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    • pp.340-343
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    • 2004
  • The purposes of this study is to survey unfair aspect of specific provisions in the construction contract. The research method of this stud)'includes judicial precedents and a questionnaier survey. The result of thus study are as follows: 1) unfair payment condition gives increase to faulty construction. 2) shift of the responsibility gives increase to delay, 3) adjusted contract sum gives increase inappropriate compensation to contractor.

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External financing constraints and Dividend Policy in accordance with the ownership structure (소유구조에 따른 외부 자본조달 제약과 배당정책)

  • Chi, Sung-Kwon
    • Management & Information Systems Review
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    • v.33 no.5
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    • pp.171-184
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    • 2014
  • This paper investigate the impact of external financing constraints(EFC) on the dividend policy(cash dividend ratio) and the impact of interaction of ownership structure((1)the percentage of shares held by external blockholder who owns at least 5% of equity(5% BHR), (2) the percentage of shares held by foreign investors(Foreign), (3) the percentage of shares by insider shareholders(Insider)) and external financing constraints on the dividend policy. The purpose mentioned above are empirically tested using 370 firm-year data listed on the Korean Exchange(KRX) with multiple regression method. Summarizing the results of analysis as following; Firstly, we find that EFC has negative relationship with cash dividend ratio. Secondly, interaction of 5% BHR and EFC has positive relationship with cash dividend ratio. Also, interaction of Foreign and EFC has positive relationship with cash dividend ratio. But, Insider and EFC has negative relationship with cash dividend ratio. This study contributes to research related to dividend policy by recognizing that ownership structure influences the dividend policy.

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A Study on Imposing Contribution in the Compensation for Uncontrollable Medical Malpractice during Delivery (분만관련 불가항력적 의료사고 보상제도에 있어 분담금부과에 관한 연구 -헌법재판소 2018. 4. 26. 선고 2015헌가13 사건을 중심으로-)

  • Beom, Kyung Chul
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.139-171
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    • 2018
  • The 「Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes」(hereinafter referred to as 'the Act on Mediation of Medical Disputes') provides that the state should compensate the victims of medical accidents occurred irresistibly in childbirth despite that health and medical service personnel fulfilled their duty of care for their damage within the range of its budget(Article 46 of the Act on Mediation of Medical Disputes). Given that victims of medical accidents could expect demage recovery only through lawsuits thus far, this act can be said to be a groundbreaking act. However, However, as 30% of the costs for such medical accident compensation projects are borne by those who have records of childbirth among the founders of health and medical institutions (Article 21 of the Act on Mediation of Medical Disputes), there has been a question about whether doctors are held responsible despite that the accidents such as the deaths of mothers and newborn babies occurred irresistibly without doctors' fault. However, recently, the Constitutional Court ruled that 'the range of founders of health and medical institutions' and 'share ratios of finances for compensation' in Article 46 (3) of the Act on Mediation of Medical Disputes' related to the imposition of the share of costs are institutional (Constitutional Court ruling dated April 26, 2018, 2015Heonga13, hereinafter referred to as 'the ruling in the case'). Although the ruling in the case was made based on only the principle of statutory reservation and the principle of ban on comprehensive authorization, this paper added a practical judgment. This paper proved that the share of costs in this case has the nature of burden charges in pursuit of study and does not infringe on the property rights of the founders of health medical institutions even in light of the principle of proportionality because there is a legitimate reason for imposing the burden charge. The imposition of the share of costs in the system for compensation for medical accidents occurred irresistibly is against the principle of liability with fault in part. However, the medical accident compensation projects are rational a national policy for the victims of medical accidents and the medical world clearly gains some benefits from the effect to terminate medical disputes. The expansion of finances for compensation through the payments of the share of costs will reduce the suffering and misunderstanding of victims of medical accidents occurred in the process of childbirth and will be very helpful to the construction of stable treatment environments of medical workers by quickly establishing the medical accident compensation projects as such.

A Study on the Contractor's Liability for Defect in Public Construction Project - through comparing Civil Law with Government Contract Law - (공공건설사업 하자에 대한 수급인의 책임에 대한 연구- 민법과 국가계약법령의 비교를 통하여 -)

  • Cho Young-Jun;Hyun Chang-Taek
    • Korean Journal of Construction Engineering and Management
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    • v.2 no.4 s.8
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    • pp.69-79
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    • 2001
  • Characteristics of Contactor's Defect Liability was too many discussed. But it's not clearly defined yet. Because recent Government Construction Projects are very complex and executed through long time, too many conflicts were appeared related to Contactor's Defect Liability. Therefore to analyse and to resolve the conflicts legal aspects of Contactor's Defect Liability stated in Civil Law and Government Contract Act was systematically compared. The result of this research is as follows : (1) Characteristic of Contactor's Defect must be regarded as a breach of Contract and be an incomplete contract implementation. (2) To decide the range of Damage, Characteristic of Defect must be regarded. (3) Contactor's Defect Liability must be effectual from the day of delivery. (4) Retainage must be added to secure the completion during the Contract Period and Defect Repairing Liability must be omitted in the Contract performance Security.

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Operation Financing Method for Management Activities and Effect on Management Performance in Regional Public Hospitals (지방의료원의 경영활동 운영자금 조달방법과 경영성과에 미치는 영향)

  • Jung, Yong-Mo;Ha, Au-Hyun
    • Journal of Convergence for Information Technology
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    • v.10 no.11
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    • pp.324-331
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    • 2020
  • This study used the financial information of 29 Regional public hospitals registered in the HASPA. Regional public hospitals analyzed the ratio of operating financing by management activities and how they affect net profit. The results of the study, Regional Public Hospitals ratio of fund financing for management activities was 83.50 percent for medical revenues, 9.53 percent for Incidental Revenue of Medical, 4.54 percent for Contribution Revenue, 4.42 percent for Other non-medical profits, 1.21 percent for depreciation Expense and 0.73 percent for Amount of reserve for unique purpose project. As a result of examining the effect of financing by management operation on net profit, the ratio of operating funds by medical revenue, by incidental revenue of medical, by contribution revenue and by other non-medical profits had a positive impact on net profit of Regional public hospitals. And It has been confirmed that the ratio of amount of reserve for unique purpose project has a negative impact on net profit. Therefore, it is necessary for Regional public hospitals to manage costs in consideration of revenues and internal reserves.

설기(薛己)의 생애(生涯)와 의학사상(醫學思想)에 관한 연구(硏究) -관어설기지생애급의학사상적연구(關於薛己之生涯及醫學思想的硏究)-

  • Park, Jae-Jeong;Yun, Chang-Yeol
    • Journal of Korean Medical classics
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    • v.18 no.2 s.29
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    • pp.1-19
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    • 2005
  • 통과대명대저명의가(通過對明代著名醫家), 온보파창시자설기(溫補派創始者薛己)$(1487{\sim}1559)$적생애화의학사상(的生涯和醫學思想), 득출여하결론(得出如下結論): 설기생여의학세가(薛己生於醫學世家), 종소학습유학화의학(從小學習儒學和醫學), 기부사후(其父死後), 체부진입태의원성료의사(替父進入太醫院成了醫士), 지후선후역임태의원이목(之後先後歷任太醫院吏目), 남경태의원원판(南京太醫院院判), 원사등직(院使等職), 병어1540년(44세)기관회향(幷於1540年(44歲)棄官回鄕), 전심여치료환자여저술(專心於治療患者與著述). 설기적저작대부분내(薛己的著作大部分內) 용이의안형식서사(容以醫案形式書寫), 기내용포함내과(其內容包含內科), 외과(外科), 부산과(婦産科), 소아과(小兒科), 침구과(鍼灸科), 치과(齒科), 안과(眼科), 골과(骨科), 본초등(本草等). 기본인친(其本人親) 자저술적유이(自著述的有以)${\ulcorner}$내과적요(內科摘要)${\lrcorner}$위시약12종(爲始約12種), 교주적유이(校注的有以)${\ulcorner}$부인대전양방(婦人大全良方)${\lrcorner}$위시8종(爲始8種), 교감적의서약유6종(校勘的醫書約有6種), 공계대약(共計大約) 유26종지다(有26種之多). 설기수(薛己受)${\ulcorner}$내경(內經)${\lrcorner}$, ${\ulcorner}$난경(難經)${\lrcorner}$급장원소화금원사대가적영향교심(及張元素和金元四大家的影響較深). 재사대가중(在四大家中), 우기수동원화단계적영향최심(尤其受東垣和丹溪的影響最深). 차외(此外), 가지기수교주의서적영향역교대(可知其受校注醫書的影響亦較大), 기통과박람군서(其通過博覽群書), 대담실천(大膽實踐), 광수자료(廣收資料), 선우총결(善于總結), 최종성료일명의가(最終成了一名醫家). 설기수이동원(薛己受李東垣)${\ulcorner}$비위론(脾胃論)${\lrcorner}$적영향(的影響), 강조비위적중요성(强調脾胃的重要性), 병수차제출비통혈적이론(幷首次提出脾統血的理論) 기여이동원적학설부동지처시(其與李東垣的學說不同之處是), 재치료화쇠토약형허한증시(在治療火衰土弱型虛寒證時), 주장이보화생토지법내치료(主張以補火生土之法來治療), 인위비여신적생리작용호위관련(認爲脾與腎的生理作用互爲關聯), 비토화생정미(脾土化生精微), 이자양신여명문(以滋養腎與命門) 반과래(反過來), 신여명문역대위토기온후작용(腎與命門亦對緯土起溫煦作用); 이재병리방면(而在病理方面), 비토구허(脾土久虛), 가치신허(可致腎虛), 신허즉불능생토(腎虛則不能生土), 역가치비허(亦可致脾虛). 설기적극반대명대의가수금원지유풍(薛己積極反對明代醫家受金元之遺風), 이한양약공하(以寒凉藥攻下), 혹남용지백이강화(或濫用知柏以降火), 극벌생기적작법(克伐生氣的作法), 이주장용편온적약물진행조보(而主張用偏溫的藥物進行調補), 기상용적전인처방유보중익기탕(其常用的前人處方有補中益氣湯), 사물탕(四物湯), 사군자탕(四君子湯), 육군자탕(六君子湯), 독삼탕(獨蔘湯), 삼부탕(蔘附湯), 육미환(六味丸), 팔미환(八味丸), 신기환(腎氣丸), 회양탕(回陽湯), 당귀보혈탕등(當歸補血湯等).

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A study on the effect of accounting information on dividend policy by measuring corporate conservatism (From the perspective of the internal accounting management system) (기업보수주의 측정으로 회계정보가 배당정책에 미치는 연구 (내부회계 관리제도 관점에서))

  • Lee, Soon Mi;You, Yen Yoo
    • Journal of Digital Convergence
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    • v.19 no.8
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    • pp.141-149
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    • 2021
  • This study investigated the effect of accounting information on dividend policy as a measure of corporate conservatism from the perspective of the internal accounting management system. The verification is based on a sample of 543 companies listed on securities (excluding KOSDAQ and financial industry) among the Bank of Korea (2019) 「2018 Corporate Management Analysis」 and company analysis of the Korea Productivity Center (financial data disclosed as listed companies as a December settlement company) was composed. Using SPSS 22, empirical analysis was conducted using exploratory factor analysis and regression analysis. The first is the verification related to corporate conservatism and the role of dividend policy, and it is verification of whether internal accounting management influences financial decision-making. Second, if internal accounting management exists, it is a verification of how conservatism and investment policies (in-house reserve, debt borrowing, capital increase, dividends, etc.) affect the corporate value according to accounting information. As a result, from the perspective of the internal accounting management system, it was found that among the variables of accounting information, profitability can have a positive effect on corporate conservatism and dividend policy as a corporate valuation method of reinvestment. In addition, it has been proven that corporate conservatism has an effect on profitability-to-value through capital accumulation and reinvestment such as surplus and internal reserves. In the future, we will study and discuss the complementarity of corporate conservatism and dividend policy in relation to governance structure and improvement of the internal accounting management system.

Control Policy for the Land Remote Sensing Industry (미국(美國)의 지상원격탐사(地上遠隔探査) 통제제탁(統制制度))

  • Suh, Young-Duk
    • The Korean Journal of Air & Space Law and Policy
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    • v.20 no.1
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    • pp.87-107
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    • 2005
  • Land Remote Sensing' is defined as the science (and to some extent, art) of acquiring information about the Earth's surface without actually being in contact with it. Narrowly speaking, this is done by sensing and recording reflected or emitted energy and processing, analyzing, and applying that information. Remote sensing technology was initially developed with certain purposes in mind ie. military and environmental observation. However, after 1970s, as these high-technologies were taught to private industries, remote sensing began to be more commercialized. Recently, we are witnessing a 0.61-meter high-resolution satellite image on a free market. While privatization of land remote sensing has enabled one to use this information for disaster prevention, map creation, resource exploration and more, it can also create serious threat to a sensed nation's national security, if such high resolution images fall into a hostile group ie. terrorists. The United States, a leading nation for land remote sensing technology, has been preparing and developing legislative control measures against the remote sensing industry, and has successfully created various policies to do so. Through the National Oceanic and Atmospheric Administration's authority under the Land Remote Sensing Policy Act, the US can restrict sensing and recording of resolution of 0.5 meter or better, and prohibit distributing/circulating any images for the first 24 hours. In 1994, Presidential Decision Directive 23 ordered a 'Shutter Control' policy that details heightened level of restriction from sensing to commercializing such sensitive data. The Directive 23 was even more strengthened in 2003 when the Congress passed US Commercial Remote Sensing Policy. These policies allow Secretary of Defense and Secretary of State to set up guidelines in authorizing land remote sensing, and to limit sensing and distributing satellite images in the name of the national security - US government can use the civilian remote sensing systems when needed for the national security purpose. The fact that the world's leading aerospace technology country acknowledged the magnitude of land remote sensing in the context of national security, and it has made and is making much effort to create necessary legislative measures to control the powerful technology gives much suggestions to our divided Korean peninsula. We, too, must continue working on the Korea National Space Development Act and laws to develop the necessary policies to ensure not only the development of space industry, but also to ensure the national security.

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