• Title/Summary/Keyword: 정당보상

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Incentive Structures in the Compensation for Public Expropriation (공공수용 보상에 관한 유인체계 분석)

  • Lee, Hojun
    • KDI Journal of Economic Policy
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    • v.33 no.3
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    • pp.121-161
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    • 2011
  • We study incentive structures of public developers and land owners in the process of public expropriations using a sequential game model. In the model, we show that there is an incentive for the public developer to give more compensation than just compensation that are defined by law. Also the model shows that there is an incentive for the land owners to revolt strategically against the public expropriation. Then an ideal authority delegation model is introduced to resolve the problems, where an independent appraiser determines the compensation for the expropriation. In the real world, improving the independence of appraisal process is critical to make the system closer to the ideal authority delegation model. So this paper concludes by making a few policy suggestions to improve the current appraisal system.

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A Fuzzy-Compensative-Operator Based Information Fusion Method and Its Applications (퍼지보상 연산자를 이용한 정보융합 방법 및 응용)

  • 이준환;김찬성;엄경배
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.18 no.9
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    • pp.1257-1268
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    • 1993
  • 본 논문에서는 퍼지보상(compensative) 연산자를 이용하는 정보융합(information fusion) 방법을 제안하였다. 제안된 정보융합 방법에서는 보상적인 성질을 갖는 퍼지 총체화(aggregation) 연산자를 역오류전파(back-propagation)신경회로망의 활성화함수(activation function)로 간주하고, 이들 연산자에 수반된 파라메터들을 학습에 의해 결정한다. 결정된 연산자의 파라메터들은 학습자료에 나타난 의사 결정에 수반된 보상도를 표현할 수 있으며, 평가에 불필요한 정보원을 제거하는 성질도 가지고 있다. 제안된 정보융합 구조는 평가지수(sub-criterion)들의 만족도를 입력으로 학습에 의해 결정된 보상연산자에 의해 총체화된 만족도를 제공한다. 제안된 방법은 패턴 인식 문제와 칼라영상의 분할과 인식등 컴퓨터비죤 문제에 적용하여 그 정당성을 입증하였다.

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강제조사권의 한계와 대안

  • 이인권
    • Journal of Korea Fair Competition Federation
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    • no.96
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    • pp.2-7
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    • 2003
  • 실익이 없는 무리한 강제 조사권의 도입보다는 혐의가 드러난 담합의 경우 직접 검찰에 고발하거나 내부밀고자 보호 및 보상 강화를 통하여 절차적 정당성 및 정책 실효성을 동시에 확보할 필요가 있다. 각 국의 경쟁당국이 압수$\cdot$수색권을 행사하여 부당한 공동행위를 적발한 경우는 극히 일부분이기 때문이다. 그리고, 유사사례에 대해 향후 엄격하게 공정거래법을 집행함으로써 부당한 공동행위에 대한 사전적인 억제력을 제고해야 한다. 한편으로는 공정위의 시정조치가 있기 전에도 부당한 공동행위의 결과 피해를 본 사적 당사자가 법원에 직접 손해배상을 청구할 수 있도록 하고, 전문가들을 활용하여 담합으로 인한 손해발생 입증과 손해배상액을 추정하여 부당이득을 환수할 수 있어야 한다.

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The Obligation of Return Unjust Enrichment or Compensation for the Use of Flight Safety Zone -Seoul High Court Judgment 2018Na2034474, decided on 2018. 10. 11.- (비행안전구역의 사용에 대한 부당이득반환·손실 보상 의무의 존부 -서울고등법원 2018. 10. 11. 선고 2018나2034474 판결-)

  • Kwon, Chang-Young;Park, Soo-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.63-101
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    • 2020
  • 'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.

An Analysis on the Actual Condition of Land Expropriation System of Local Governments and Its Improvement Plan (지방자치단체 토지수용제도 실태분석과 개선방안)

  • Kim, Hyeong-Geun;Kim, Boo-Sung;Lim, Dong-Jin;Kim, Dong-Hyun
    • The Journal of the Korea institute of electronic communication sciences
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    • v.6 no.6
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    • pp.929-937
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    • 2011
  • This thesis is intended for addressing issues of the local expropriation committee system by drawing the policy suggestion through theoretical considerations on the land expropriation system of the UK and of the US, and for finding a plan to improve the system by focusing on the examples of land expropriation of local governments. The US' Takings utilize a public hearing and the jury system. When property is expropriated through eminent domain, stakeholders and citizens share the necessity of the expropriation and its awareness through a public hearing, and project institutes (administrative organizations) file a lawsuit to a law court to exercise takings. In the case of Compulsory Purchase in the UK, the system should be based on laws established by the Parliament, and the resolution to use CPO is also decided by district councils. So the system is able to prevent power abuse. As a plan to improve the land expropriation committee of local governments, it is necessary ${\triangle}$ to enhance the professionality of the local land expropriation committee, ${\triangle}$ to expropriate lands by the analysis of land type, and ${\triangle}$ to come up with alternative measures to prevent the rights of the expropriated.

A Security-oriented Operation Scheme of FACTS Devices to Cope with A Single Line-faulted Contingency (단일 선로고장시 정적 안전도 향상을 위한 유연송전기기 운전 방안)

  • Lim, Jung-Uk
    • Journal of the Korean Institute of Illuminating and Electrical Installation Engineers
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    • v.18 no.3
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    • pp.149-155
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    • 2004
  • This paper presents how to find proper operating points of FACTS devices to enhance the steady-state security level considering line contigency analysis. Three generic types of FACTS devices such as series controllers, shunt controllers, and series-shunt controllers are introduced and applied to moximize a security margin and to minimize security indices. Security indices related to line flows and bus voltages are utilized and minimized iteratively in this paper. Contingency analysis is performed to detect the most severe single line fault. In various load conditions, FACTS devices are tested to establish appropriate preventive or corrective action without generation re-dispatching or load shedding. The FACTS operation scheme is verified on the IEEE 57-bus system in a line-faulted contingency.

A Study on Damage caused by Space Activity (우주활동으로 인한 손해배상에 관한 법적 고찰)

  • Cho, Hong-Je;Shin, Dong-Chun
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.1
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    • pp.103-122
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    • 2012
  • Nowadays, advanced countries and international community in which provide many services and profits due to rapid progress space science and technology whereas there is rising possibility of damage by collision of space object and increase of space debris. I will propose the concept and range of damage in the basis of review of space treaty and space liability convention as form of international order to fair and complete compensate to victim of accident and hazardous space activity. And, I will try to discuss possibility of compensation on personal damage and mental damage, scope of material damage, possibility of compensation about environmental contamination, issue of satellite data sending, place of damage, and so on. Also, I would like to propose establishment of space tribunal and regional cooperative agency.

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A Theoretical Approach to Derive Perception Indicators Influencing the Acceptability on Nuclear Energy Facilities & Policies ($원자력시설^{[1]}$ 및 정책의 수용성에 영향을 미치는 인식인자 도출에 관한 이론적 고찰)

  • 조성경;오세기
    • Journal of Energy Engineering
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    • v.11 no.4
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    • pp.332-341
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    • 2002
  • This Paper discusses a theoretical approach to assess the acceptability on nuclear energy facili-ties and policies, that is associated with derivation of indicators influencing perception on the nuclear energy. Facets of the public perception include the necessity of nuclear energy, expected benefits and costs, possi-bility of control, nuclear energy risk sentiment level, and equality between present and future generations. It also identifies indicators directly or indirectly affecting the perception facets and classifies them into the knowledge-based and the trust-based. Knowledge on nuclear energy facility is acquired on the foundation of the understanding of fact, through information, education, PR, and experience the media. Meanwhile, trust on nuclear energy Policies as value judgment on reality is built through legitimacy, communication, compensa-tion, participation, and the media. Multi-dimensional analysis on nuclear energy acceptability will provide a key to developing a more realistic and mutually agreeable policies and solving the imminent issues.

A High-Performance Position Sensorless Motion Control System of Reluctance Synchronous Motor with Direct Torque Control (직접토크제어에 의한 위치검출기 없는 릴럭턴스 동기전동기의 위치 제어시스템)

  • 김동희;김민회;김남훈;배원식
    • The Transactions of the Korean Institute of Power Electronics
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    • v.7 no.5
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    • pp.427-436
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    • 2002
  • This paper presents an implementation of high-dynamic performance of position sensorless motion control system of Reluctance Synchronous Motor(RSM) drives for an industrial servo system with direct torque control(DTC). The problems of high-dynamic performance and maximum efficiency RSM drives controlled by DTC are saturation of stator linkage flux and nonlinear inductance characteristics with various load currents. The accurate estimation of the stator flux and torque are obtained using stator flux observer of which a saturated inductance $L_d$ and $L_q$ can be compensated by adapting from measurable the modulus of the stator current and rotor position. To obtain fast torque response and maximum torque/current with varying load current, the reference command flux is ensured by imposing $I_{ds} = I_{qs}$. This control strategy is proposed to achieve fast response and optimal efficiency for RSM drive. In order to prove rightness of the suggested control algorithm, the actual experiment carried out at $\pm$20 and $\pm$1500 rpm. The developed digitally high-performance motion control system shown good response characteristic of control results and high performance features using 1.0kW RSM which has 2.57 Ld/Lq salient ratio.

Interrelationship between the Shipowner's Limitation of Liability and the Coverage of Liability Insurance: Focus on the Judgment of the Supreme Court of Canada in the Realice Case (선주의 책임제한과 책임보험의 보상 간의 상호관계: Realice호 사건에서 캐나다 대법원 판결을 중심으로)

  • Lee, Won-Jeong
    • Journal of Korea Port Economic Association
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    • v.31 no.2
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    • pp.41-53
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    • 2015
  • In Paracomon Inc. v. Telus Communication, Realice's anchor became entangled with a working fiber-optic submarine cable during its voyage and are presentative of the shipowner(the captain) cut the cable. The owner of the cable brought a claim for the repair cost against the shipowner. The shipowner then advanced a third party claim against a liability insurance underwriter. The Supreme Court of Canada (SCC) held that the shipowner was entitled to limit its liability under the 1976 Convention on the Limitation of Liability for Maritime Claims. The SCC also ruled that even though the misdeed of the shipowner was insufficient to break its right to limitation of liability, its wrongdoing constituted willful misconduct under the 1993 Canada Marine Insurance Act, allowing the underwriter to deny coverage for the incident. Thecasewasthefirsttoaddresstheinterrelationship between the shipowner's right to limit liability under the international convention regime and the availability of liability insurance with respect to such limited liability. This study analyzes the reasoning behind the SCC's judgment and evaluates the appropriateness of this court's decision based on the current maritime industry as well as prevailing maritime law. It concludes that the SCC's decision to declare that the shipowner retained the right to limit its liability is appropriate under the Limitation Convention (1976). However, its declaration that the liability insurer was discharged from liability is not correct in due consideration of the common recognition in the maritime industry, the intended purpose of a third party's right against the liability insurer, and the adoption process of the conduct barring limitation. Based on the SCC's decision, this study finally reviews the issue of the shipowner's right to limit and the coverage of the liability insurer in the Sewol case (2014).